justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 455 — Building Code

ORS 455.157. Process for municipal imposition of monetary penalties. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern. (2) If a municipality administers a building inspection program under ORS 455.148 or 455.150, a monetary penalty assessed under the program for a violation must be assessed as a civil penalty. This subsection does not prohibit a municipality from charging a violator an increased permit fee or investigative fee, seeking injunctive relief from a violation or taking any enforcement action that does not include a monetary penalty. This subsection does not limit the terms or conditions of any voluntary agreement for the resolution of a violation. (3) A municipality may not assess a civil penalty for a violation under a building inspection program unless the municipality provides to the party that is subject to the civil penalty: (a) Notice that: (A) Describes the alleged violation, including any relevant code provision numbers, ordinance numbers or other identifying references; (B) States that the municipality intends to assess a civil penalty for the violation and states the amount of the civil penalty; (C) States that the party may challenge the assessment of a civil penalty; and (D) Describes the means and the deadline for informing the municipality that the party is challenging the assessment of the civil penalty; and (b) A municipal administrative process other than a judicial proceeding in a court of law, that affords the party an opportunity to challenge the civil penalty assessment before an individual, department or body that is other than the municipalitys building inspector or building official. (4) If the municipality assesses a civil penalty for a violation under a building inspection program, the amount of the civil penalty assessed for the violation may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. (5) The costs incurred by a municipality in providing notice and administrative process under this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. [2009 c.476 2] Note:
ORS Chapter 455 — Building Code

ORS 455.158. Verification of required license prior to issuance of permit. (1) As used in this section: (a) Public body has the meaning given that term in ORS 174.109. (b) Work on a structure means the construction, reconstruction, alteration or repair of a structure. (2) A public body that administers and enforces a building inspection program shall ensure that a person required to be licensed under a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to 480.670, this chapter or ORS chapter 447, 460 or 693 in order to obtain a permit for work on a structure has a current, valid license of the type required for the permit. [2007 c.549 3] Note:
ORS Chapter 455 — Building Code

ORS 455.160. Failure to provide timely inspections or plan reviews prohibited; demand; mandamus. (1) The municipality that is responsible for state building code administration and enforcement in a municipality pursuant to ORS 455.148 or 455.150, or the Department of Consumer and Business Services if the department is responsible for state building code administration and enforcement pursuant to ORS 455.148 or 455.150, may not engage in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause. (2) Any person adversely affected by a pattern of conduct prohibited in subsection (1) of this section may serve the municipality or the department with a written demand to provide timely inspections or plan reviews. (3) If a municipality, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the municipality has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the municipality to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question under procedures outlined in ORS 455.148 (5) and (6) or 455.150 (5) and (6). (4) If the department, within five days of receipt of the demand, fails to provide timely inspections or plan reviews without reasonable cause, the person who served the demand may seek to compel the inspections or plan reviews through a writ of mandamus pursuant to ORS 34.105 to 34.240. If the court finds that the department has engaged in a pattern of conduct of failing to provide timely inspections or plan reviews without reasonable cause, it may direct the department to provide timely inspections or plan reviews or to transfer the administration and enforcement of the code in question to an appropriate municipality, if the municipality accepts the responsibility. A municipality may accept the transfer of the administration and enforcement of a code under this subsection without becoming subject to ORS 455.148 as a result of accepting the transfer.
ORS Chapter 455 — Building Code

ORS 455.165. Standards for building codes information collected and maintained by municipalities; rules. (1) As used in this section: (a) Form and format has the meaning given that term in ORS 455.097. (b) Standards means the content, processing, form and format of building codes information collected and maintained by municipalities. (2) The Department of Consumer and Business Services may adopt rules establishing building codes information standards for municipalities administering and enforcing building inspection programs. The department shall design the standards to ensure consistency between municipalities regarding building inspections, permits, plans specifications and other building codes information. The department may not adopt standards that: (a) Waive any requirement imposed by statute or by rule of another state agency for submitting building permit applications, building plans, specifications or other building program information in physical form. (b) Require a municipality to assume or expand a building inspection program or to provide additional building inspection program services. [2007 c.69 3] Note:
ORS Chapter 455 — Building Code

ORS 455.170. Director delegation of certain duties; fees. (1) The Director of the Department of Consumer and Business Services shall delegate to any municipality that requests any of the authority, responsibilities and functions of the director relating to recreation parks, organizational camps and picnic parks as defined in ORS 446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipalitys performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section. (2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program. (3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 36a; 1991 c.227 3; 2017 c.17 40] Note:
ORS Chapter 455 — Building Code

ORS 455.175. Restriction on city or county refusal of building permit in residential subdivision. (1) As used in this section: (a) Conditions of development means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in: (A) A development agreement under ORS 94.504 to 94.528; (B) Conditions of approval under ORS 92.040, 215.416 or 227.175; or (C) Any other agreement with, or conditional approval by, a local government. (b) Residential subdivision means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175. (c) Substantial completion means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard: (A) The water supply system; (B) The fire hydrant system; (C) The sewage disposal system; (D) The storm water drainage system, excepting any landscaping requirements that are part of the system; (E) The curbs; (F) The demarcating of street signs acceptable for emergency responders; and (G) The roads necessary for access by emergency vehicles. (2) A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if: (a) Substantial completion of conditions of development for the residential subdivision occurs; and (b) The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision: (A) Obtains and maintains a bond; or (B) Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county. (3) Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 1] Note:
ORS Chapter 455 — Building Code

ORS 455.180. Restriction on city or county refusal to issue building permit. (1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due. (2) As used in this section, business license tax has the meaning given that term in ORS 701.015. [1987 c.581 6] (Full or Partial Transfer of Administration and Enforcement Responsibilities)
ORS Chapter 455 — Building Code

ORS 455.185. Agreements for full, divided, mutual or joint administration and enforcement. (1) Notwithstanding ORS 455.148, 455.150 and 455.153, upon request by one or more municipalities and with the consent of all affected parties, the Director of the Department of Consumer and Business Services may enter into an agreement for the Department of Consumer and Business Services to uniformly administer and enforce all or a portion of a building inspection program within a geographic area. The geographic area may be a municipality, a region comprising parts of more than one municipality or a region comprising multiple municipalities. The geographic area need not correspond to the jurisdictional boundaries of municipalities. The agreement may provide for the department to perform administration and enforcement for a specified period or for carrying out one or more particular projects. (2) The terms of an agreement under subsection (1) of this section may specify whether the department is to utilize department resources or combine resources with one or more of the municipalities to carry out an agreement. An agreement may combine department and local government resources in any manner that the parties believe will provide for the efficient and uniform administration of the building inspection program within the geographic area, including but not limited to full, divided, mutual or joint performance of any of the administrative or enforcement functions by any of the parties to the agreement. A decision by the director regarding whether to enter into an agreement under subsection (1) of this section, and the content of any agreement that the director enters into under subsection (1) of this section, is not subject to review by the Attorney General or the Oregon Department of Administrative Services and is subject to challenge or appeal under ORS chapter 183 only for failure to comply with an express requirement created under ORS 455.185 to 455.198. (3) An agreement under subsection (1) of this section is not an abandonment of a building inspection program for purposes of ORS 455.148 or 455.150. (4) If the Department of Consumer and Business Services enters into an agreement under subsection (1) of this section, the department and a public body that offers construction-related services in the geographic area may enter into an agreement for providing access to the construction-related services on the electronic information system described in ORS 455.095 and 455.097. The agreement may include, but need not be limited to, provision for access that allows the electronic submission of an application to the public body for a construction-related permit. As used in this subsection, public body has the meaning given that term in ORS 174.109. [2013 c.528 5; 2015 c.170 4] Note:
ORS Chapter 455 — Building Code

ORS 455.188. Fee revenue generated under agreement. (1) An agreement under ORS 455.185 may provide for the parties to the agreement to share any fee revenue generated by the administration and enforcement of the agreement and to expend the fee revenue anywhere within the geographic area covered by the agreement. (2) Notwithstanding ORS 455.210, if an agreement under ORS 455.185 provides for the Department of Consumer and Business Services to administer and enforce a building inspection program for which one or more municipalities have adopted a fee or hourly rate, subject to subsection (3)(a) of this section the department may charge the municipally adopted fee or hourly rate when providing the building inspection program services within a municipality. (3) Fees described in subsection (2) of this section that are charged by the department: (a) Are subject to any surcharges described under ORS 455.210, 455.220 or 455.447; and (b) Notwithstanding ORS 455.210, are not subject to Oregon Department of Administrative Services approval. (4) Notwithstanding ORS 293.265, moneys from fees described in this section that are collected or received by, or in the possession of, a party to an agreement under ORS 455.185 and are to be expended by or on behalf of the state shall be turned over to the State Treasurer no later than one business day after the parties to the agreement have determined that the moneys are moneys to be expended by or on behalf of the state. [2013 c.528 6] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.192. Staffing and other resources for building code administration and enforcement. (1) Subject to ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293 and any rules adopted under ORS 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293, and notwithstanding ORS chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS chapter 293 or the rules adopted under ORS chapter 240, 276, 282, 283, 291 or 292, except as provided under this section the Director of the Department of Consumer and Business Services may take any action the director considers reasonable to ensure that sufficient staff and other resources are available for the administration and enforcement of the state building code. Subject to subsections (2) to (5) of this section, actions that the director may take under this section include, but are not limited to: (a) Utilizing municipal personnel, or hiring former municipal personnel, to carry out the administrative and enforcement duties of the Department of Consumer and Business Services under an agreement described in ORS 455.185; (b) Employing additional Department of Consumer and Business Services staff for carrying out the administrative and enforcement duties of the department under an agreement described in ORS 455.185; and (c) Expending available resources to carry out department responsibilities to provide sufficient staff and other resources under an agreement described in ORS 455.185. (2) Subsection (1) of this section does not authorize action within a municipality administering and enforcing a building inspection program under ORS 455.148 or
ORS Chapter 455 — Building Code

ORS 455.195. Fees charged following surrender or abandonment of municipal building inspection program. (1) If the Department of Consumer and Business Services assumes the administration and enforcement of a building inspection program that has been surrendered or abandoned by a municipality, and immediately prior to the surrender or abandonment the municipality was charging a fee adopted under ORS
ORS Chapter 455 — Building Code

ORS 455.198. Fee surcharge use. Notwithstanding any surcharge use described in ORS 455.210 (4), the Director of the Department of Consumer and Business Services may use moneys from surcharges imposed under ORS 455.210 (4) for the purpose of paying the Department of Consumer and Business Services costs of carrying out the administration and enforcement of the state building code within an administrative region established by the director or a geographic region established by an agreement that the director enters into under ORS 455.185. [2013 c.528 9] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.200. Policies and procedures; rules; consultation with boards; reports. The Director of the Department of Consumer and Business Services: (1) May adopt rules, establish policies and procedures and take other actions the director considers reasonable or expedient for carrying out agreements under ORS 455.148 (13), 455.150 (13) or 455.185 and any duties, functions and powers of the director or the Department of Consumer and Business Services under ORS
ORS Chapter 455 — Building Code

ORS 455.202. Definitions; procurement of contract building official; duties; establishment of local board; appeal rights; independent auditor; powers of director. (1) As used in ORS 455.202 to 455.208: (a) Building official has the meaning given that term in ORS 455.715. (b) Contract building official means an owner, manager or employee of a person that the Director of the Department of Consumer and Business Services has licensed to perform specialty code inspections and plan reviews under ORS
ORS Chapter 455 — Building Code

ORS 455.204. Ratification of contract building officials discretionary decision. (1) A municipality may enact or adopt an ordinance or resolution or take another legislative action to ratify the discretionary decisions that a contract building official made before January 1, 2022. (2) If a municipality ratifies a discretionary decision that a contract building official made on behalf of the city as part of the administration and enforcement of a building inspection program before January 1, 2022, the contract building officials discretionary decision is lawful to the same extent that the discretionary decision would be lawful if the municipality had made the discretionary decision. (3) A permit or certificate of occupancy that a municipality ratifies under this section is presumed valid. [2021 c.599 3] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.206. Building official as public official; enforcement powers of director; effect upon Oregon Government Ethics Commission of directors determination. (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) In addition to and not in lieu of the authority of the Oregon Government Ethics Commission, the Director of the Department of Consumer and Business Services has the authority to suspend, revoke, deny, condition or refuse to renew a license, certification or registration of a building official, contract 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, contract building official, inspector, plan reviewer or other person or an owner, director, officer, manager, member or majority shareholder of the building official, contract 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. (3) A determination of the director under subsection (2) of this section does not bind the Oregon Government Ethics Commission. [2021 c.599 4] Note: See note under
ORS Chapter 455 — Building Code

ORS 455.220. Surcharge on building permit fees; collection; deposit; use. (1) There is hereby imposed a surcharge in the amount of one percent of the total building permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances. Up to one-half of the surcharge collected under this subsection may be used to fund the activities described in ORS 455.042 and
ORS Chapter 455 — Building Code

ORS 455.230. Use of Consumer and Business Services Fund moneys. (1) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS chapter 693 hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under this chapter, ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter 693. (2) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer and Business Services Fund and received under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) hereby are appropriated continuously for and shall be used by the director for the purpose of carrying out the duties and responsibilities imposed upon the department under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and education and training programs pertaining thereto. [Formerly 456.890; 1989 c.683 9; 1993 c.744 91; 2001 c.710 10; 2003 c.655 75a; 2017 c.364 5] Note: