reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0010 - Relationship of Delegation Rules to Statute

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish standards for:
(1) A procedure for cooperation between local
			 municipalities and the Oregon State Fire Marshal; and
(2) The notice of assumption of any portion
			 of the plan review program, required by ORS
			 455.148 and
			 455.150, and shall include a
			 procedure for cooperation with the State Fire Marshal or the State Fire
			 Marshal's designee, to consider a uniform fire code in the plan review
			 process.
Stat. Auth.: ORS
				  455.150
Stats. Implemented: ORS
				  455.150
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of an alternative approval process for single-family dwelling conversions as
			 used in OAR 918-020-0390, the listed terms
			 are defined as follows:
(a) "Alternate
			 method" means a proposal from an alternate approval process permit applicant to
			 meet the standard of care for fire life safety protection for the items listed
			 in OAR 918-020-0390(1)
			 as required by the state building code for a dwelling conversion in a manner
			 other than what is listed in code, including consideration of alternate
			 construction methods and materials that achieve equivalent safety.
(b) "Modification" means a proposal from an
			 alternate approval process permit applicant for dwelling conversion to address
			 one or more building code requirements in a similar manner as required by the
			 state building code. A modification is not a waiver. Modifications address the
			 general code requirement but do not have to meet an equivalent standard of
			 care, or a specific code requirement. A modification is not permissible for the
			 items listed in OAR 918-020-0390(1).
(c) "Waiver" means a proposal from an
			 alternate approval process permit applicant for dwelling conversion to waive a
			 non-building safety code requirement. A waiver is not permissible for the items
			 listed in OAR 918-020-0390(1).
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0020 - Cooperation with Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each municipality assuming any portion of the plan review program shall, with
			 the notice of program assumption, include a procedure for communication and
			 cooperation with the State Fire Marshal or the Fire Marshal's certified
			 designee. The procedure shall provide the Fire Marshal an opportunity to
			 examine construction plans for those buildings that the Fire Marshal inspects
			 for occupancy standards under ORS
			 476.030. If a procedure is not
			 adopted and signed by both the building official and the State Fire Marshal or
			 the Fire Marshal's certified designee, the request for program assumption shall
			 include the following minimum provisions for notice to the Fire Marshal:
(a) The time and place where construction
			 plans and specifications will be available;
(b) The proposed type of building
			 construction and occupancy;
(c) Any
			 changes from the fire and life safety standards of the applicable code proposed
			 as alternate methods of construction; and
(d) Any procedure or agreement which may
			 shorten or eliminate the time the construction plans and specifications may be
			 available for examination.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0070 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 918,
			 division 020 interprets and applies ORS
			 455.148 to
			 455.210. ORS
			 455.148 and
			 455.150 provide that
			 municipalities that administer and enforce building inspection programs may do
			 so for a period of four years. A building inspection program is limited to the
			 administration and enforcement of those specialty code programs assumed by a
			 municipality under 455.148, 455.150 and 479.855. ORS
			 455.148 and
			 455.150 authorize the department
			 to adopt rules to adjust time periods for administration of building inspection
			 programs to allow for variations in the needs of the department and
			 participants. ORS 455.148 and
			 455.150 authorize the department
			 to adopt rules regulating municipal administration and enforcement of building
			 inspection programs including, but not limited to:
(a) Creating building inspection program
			 application and amendment requirements and procedures;
(b) Granting or denying applications for
			 building inspection program authority and amendments;
(c) Reviewing procedures and program
			 operations of municipalities;
(d)
			 Creating standards for efficient, effective, timely and acceptable building
			 inspection programs;
(e) Creating
			 standards for justifying building inspection program fees adopted by a
			 municipality; and
(f) Creating
			 standards to determine whether a county or department building inspection
			 program is economically impaired in its ability to reasonably continue
			 providing the program or part of the program throughout the county, if another
			 municipality is allowed to provide a building inspection program or part of a
			 building inspection program within the same county.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0080 - Delegation of Building Inspection Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The division and every municipality that administers and
				enforces a building inspection program or desires to assume responsibility to
				administer and enforce a building inspection program shall prepare an operating
				plan describing the manner in which the municipality or the division will do
				so. The operating plan shall establish specific processes and goals, consistent
				with the program standards described in ORS
				455.153 and OAR
				918-020-0090.
Stat. Auth.: ORS
				  455.030
Stats. Implemented: ORS
				  455.150
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0091 - Citation Process for Licensing Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Municipalities must use the forms and procedures approved by
				the division.
Stat. Auth.: ORS
				  455.030,
				  455.156
Stats. Implemented: ORS
				  455.156
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0094 - Program Assumption for State-Administered Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
A municipality that requests responsibility for the
				administration and enforcement of a building inspection program administered by
				the division must meet the requirements for assumption in ORS
				455.148(7) and
				(11)(c).
Stat. Auth.: ORS
				  455.148
Stats. Implemented: ORS
				  455.148
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0095 - Program Assumption Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Assumption of building inspection
			 programs shall be approved only under ORS Chapters 455 and 479 and these rules,
			 for municipalities meeting the following minimum standards. Municipalities
			 requesting to assume new programs or additional parts of a program must provide
			 a full-service program as described in ORS Chapter 455. The municipality shall
			 prepare an assumption plan demonstrating its ability to:
(a) Administer the program for at least four
			 years;
(b) Maintain or improve upon
			 service levels presently provided to the area, including identifying proposed
			 staffing, service contracts and intergovernmental agreements for at least the
			 first two years;
(c) Operate a
			 program that is financially feasible for at least two years without unduly
			 increasing short-term and long-term costs of services to the public, in the
			 areas administered by the municipality. Information showing how the program
			 will be financially feasible shall include an estimate of anticipated revenues
			 and expenditures, the assumptions on which the estimates are based, and an
			 explanation of how losses, if any, will be funded; and
(d) Transition the program from the previous
			 service provider including developing a method for:
(A) Transferring responsibility for existing
			 buildings, open plan reviews, permits and inspections and corresponding
			 revenues for completion of outstanding work;
(B) Transferring any pending enforcement
			 actions;
(C) Informing contractors
			 and others of the change of inspecting jurisdictions, jurisdictional boundaries
			 and requirements for plan review, permits and inspections; and
(D) Transferring any affected employees
			 consistent with ORS 236.605.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0105 - Renewal of Existing Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Existing programs may continue to administer full-service or partial programs
			 as permitted by ORS Chapter 455. Any municipality requesting to assume an
			 additional program shall do so in accordance with ORS Chapter 455 and these
			 rules.
(2) Depending on the
			 respective reporting period outlined in OAR
			 918-020-0180 municipalities
			 administering existing programs upon notification shall submit the following to
			 the division by January 1:
(a) A completed
			 division form describing the specialty codes the municipality will continue to
			 administer and enforce beginning July 1 of the next reporting period;
(b) A list of current staff, including
			 contract providers, and their applicable certifications;
(c) An updated copy of the municipality's
			 operating plan as described in OAR
			 918-020-0090; and
(d) A narrative describing any changes to the
			 plan.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0180 - Reporting Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 municipalities administering and enforcing a building inspection program on
			 July 1, 1997, shall have four-year reporting periods. The division shall divide
			 the municipalities administering and enforcing building inspection programs
			 into four separate reporting groups identified as Group One, Group Two, Group
			 Three and Group Four. Each reporting group shall contain approximately one
			 quarter (25 percent) of the municipalities administering and enforcing building
			 inspection programs on July 1, 1997. Reporting periods for each group shall
			 begin on July 1 of the first year and shall end on June 30 of the fourth year,
			 except as provided by Sections (2) to (5) of this rule.
(2) The first reporting period for
			 municipalities in Group One shall start on July 1, 1997, and end on June 30,
			 1998. All subsequent reporting periods shall be four years. Municipalities in
			 Group One shall submit a program administration request form but not be
			 required to submit a second operating plan until after the division has
			 completed a general review of the municipal building inspection program
			 following the conclusion of the first reporting period.
(3) The first reporting period for
			 municipalities in Group Two shall start on July 1, 1997, and end on June 30,
			 1999. All subsequent reporting periods shall be for four years.
(4) The first reporting period for
			 municipalities in Group Three shall start on July 1, 1997, and end on June 30,
			 2000. All subsequent reporting periods shall be for four years.
(5) The first reporting period for
			 municipalities in Group Four shall start on July 1, 1997, and end on June 30,
			 2001. All subsequent reporting periods shall be for four years.
(6) The first reporting period for
			 municipalities authorized to administer and enforce new building inspection
			 programs shall start July 1 of the first year the municipality is authorized to
			 administer and enforce a new building inspection program and shall end on June
			 30 of the fourth year. All subsequent reporting periods shall be for four
			 years.
(7) A municipality that
			 amends an existing building inspection program through the assumption of a new
			 code program shall not alter its reporting period.
(8) All municipalities enforcing building
			 inspection programs shall amend their operating plan within 30 days when
			 changes occur and submit a copy of the amended operating plan to the
			 division.
Statutory/Other Authority: ORS
				  455.030
Statutes/Other Implemented: ORS
				  455.150
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0190 - Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Review. The division may conduct a general review of a municipal building
			 inspection program during a municipality's reporting period to verify that the
			 municipality is operating in conformity with the specific goals contained in
			 the municipality's operating plan. The division may also review building
			 inspection programs to verify compliance with any correction plans submitted by
			 a municipality where a municipality is not operating in conformity with the
			 specific standards contained in its operating plan. The division shall notify a
			 municipality at least 21 days prior to beginning a general review.
(2) Interim Review. The division may perform
			 an interim review of a municipal building inspection program any time the
			 division receives a complaint or other information that reasonably suggests a
			 municipality is not operating in conformity with its operating plan or has
			 failed to comply with the minimum standards for the administration and
			 enforcement of building inspection programs described in these rules. Prior to
			 beginning an interim review the division shall notify the building official in
			 writing by certified or registered mail of the standards to which the
			 municipality is alleged to have failed to comply. The building official shall
			 have 30 days to respond to the notice. If the building official fails to
			 respond or does not adequately address the issues raised by the division in the
			 notice, the division may conduct an interim review.
(3) Building inspection programs administered
			 and enforced by the division shall be subject to a general review in the same
			 manner prescribed for municipal building inspection programs. The administrator
			 shall prepare and deliver a final report to the director and interested persons
			 for review.
Stat. Auth.: ORS
				  455.030
Stats. Implemented: ORS
				  455.150
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0200 - Review Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may appoint one active building official from a municipality
			 similar in size to the municipality subject to review and one contractor from
			 an area similar in size to the municipality subject to review to assist and
			 advise division staff during a general or interim review. Prior to beginning
			 any general or interim review the division shall conduct an initial interview
			 with the building official.
(2)
			 Review of Records. The division shall request that a municipality provide
			 revenue and expense information prior to the actual site visit, and the
			 opportunity to review documents and records, whether electronic or other media,
			 regarding the administration and enforcement of a building inspection
			 program.
(3) General Administration
			 and Compliance Review. The division shall review and verify compliance with the
			 general administration and compliance program requirements described in OAR
			 918-020-0090.
(4) Review of Prior Approved Construction
			 Plans. The division may review a random selection of construction plans
			 approved by the municipality during the subject reporting period and verify
			 compliance with the minimum requirements of the applicable specialty
			 codes.
(5) Review of Inspections.
			 The division may review a random selection of inspections completed by the
			 municipality during the subject reporting period and verify compliance with the
			 applicable specialty codes.
(6)
			 Post-Review Interview. At the completion of a general or interim review the
			 division shall conduct a post-review interview with the building official or
			 person designated by the building official. The reviewer shall describe the
			 general results of the review, issue written notice regarding any failure to
			 conform with an approved operating plan that requires immediate attention and
			 generally respond to any questions.
(7) Final Report. The division shall prepare
			 and deliver a final written report describing the results of the review to a
			 municipality within 60 days of completing a review.
(8) The municipality being reviewed shall
			 respond to the division's final report conclusions within 30 days after receipt
			 of the report, or request an extension.
Statutory/Other Authority: ORS
				  455.030
Statutes/Other Implemented: ORS
				  455.150
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0210 - Nonconformance Notice and Program Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nonconformance Notice:
(a) Where required, the division shall issue
			 a nonconformance notice to the building official and chief executive officer
			 concurrently with the written report. A nonconformance notice shall be served
			 on the building official and chief executive officer by certified or registered
			 mail. A nonconformance notice shall only be issued following a review where a
			 municipality fails to comply with any of the general standards for the
			 administration and enforcement of a building inspection program contained in
			 these rules;
(b) Within 30 days of
			 receiving a nonconformance notice a municipality shall file a proposed written
			 correction plan with the division containing a detailed description of the
			 actions and timeline the municipality proposes to correct each nonconformance
			 noted in the final report;
(c) The
			 division shall:
(A) Accept or deny a proposed
			 correction plan within 30 days of receiving any plan;
(B) Advise a municipality in writing of the
			 portions of the plan which do not adequately address any nonconformance noted.
			 A municipality must submit a final correction plan within 30 days of receiving
			 the division's response to a proposed correction plan; and
(C) Advise a municipality of any matters that
			 require immediate attention where a review reveals an imminent risk of personal
			 injury or threat to health and safety.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0230 - Contract Building Officials

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Use of Contract Building Officials.
(a)
			 City.
(A) A city may procure services from a
			 contract building official only if the city complies with the provisions of
			 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 2, Paragraph (a) (Enrolled SB 866)
			 and 2021 Oregon Laws Ch. 599, Sec. 5 (Enrolled SB 866).
(B) A city that procured services from a
			 contract building official within the period described in 2021 Oregon Laws Ch.
			 599, Sec. 2, Subsec. 2 (Enrolled SB 866) 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.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0240 - Qualified Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Training.
(a) Basic Training. Before
			 exercising oversight over a contract building official, a qualified employee
			 must complete the division's basic training course for qualified
			 employees.
(b) Advanced Training.
			 Within 180 days after a municipality's designation of the individual as a
			 qualified employee, the qualified employee must complete the division's
			 advanced training course for qualified employees.
(c) The director will provide the qualified
			 employee with evidence of satisfactory completion of the basic training and
			 advanced training course.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0250 - Local Boards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of Local
			 Boards.
(a) Except as otherwise provided in
			 subsection (b) and (c) of this section, 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 official's discretionary
			 decisions.
(b) A city does not need
			 to 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 rule,
			 all appeals of the discretionary decisions of the city's contract building
			 official.
(c) A county does not
			 need to establish a local board if an adjacent county has a local board that
			 hears, in accordance with this rule, all appeals of the discretionary decisions
			 of the county's contract building official or the discretionary decisions of
			 all contract building officials for cities located within the county.
(d) Agreements.
(A) 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 rule.
(B) A county may
			 enter into an agreement with an adjacent county to hear appeals in accordance
			 with this rule.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0260 - Appeals of Discretionary Decisions to the Local Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receiving notice of the building
			 official's discretionary decision, a permit applicant has 30 days to submit an
			 appeal to the local board.
(2) In
			 an appeal before the local board, the permit applicant has the burden of
			 establishing 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.
(3) Upon receipt of a notice of appeal, the local board has 30
			 days to review the appeal and issue a determination.
(4) The appeal rights to which a permit
			 applicant is entitled before a local board is in addition to, and not in lieu
			 of, any other rights of appeal the permit applicant may
			 have.
Statutory/Other Authority: 2021 Oregon Laws Ch. 599, Sec. 2
				  (Enrolled SB 866)
Statutes/Other Implemented: 2021 Oregon Laws Ch. 599, Sec. 2
				  (Enrolled SB 866)
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0270 - Enforcement of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the director
			 has reason to believe that a violation of 2021 Oregon Laws Ch. 599, Sec. 2
			 (Enrolled SB 866) has occurred, the director may issue notice and take action
			 under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 8 (Enrolled SB 866).
(2) If the director finds that a violation
			 of ORS 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has occurred, the
			 director may issue and serve a written order upon the municipality, or upon a
			 contract building official 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 director's 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 director's specified corrective action. In addition, the director
			 may require the municipality to:
(a) Increase
			 the frequency of the audit required under 2021 Oregon Laws Ch. 599, Sec. 2,
			 Subsec. 6 (Enrolled SB 866) to once per year;
(b) Submit a written plan that describes how the municipality will
			 achieve compliance with 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866). If
			 the director accepts the plan, the director will 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;
			 or
(d) If the director finds that a
			 pattern of violations of 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) has
			 occurred, 2021 Oregon Laws Ch. 599, Sec. 2, Subs. (9), Paragraph (c) (Enrolled
			 SB 866) applies.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0220 - Fee Adoption Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to the standards set forth in ORS
			 455.210 and
			 479.845, a municipality
			 intending to adopt building inspection program fees for any specialty code
			 administered and enforced by the municipality shall comply with all of the
			 following standards:
(a) The municipality
			 shall notify the division of such adoptions 45 days prior to the adoptive date.
			 The notification shall include a summary of the following:
(A) The affected specialty code or program
			 areas;
(B) A description of the
			 proposed building inspection program fees including the approximate percentage
			 increase when applicable;
(C) The
			 proposed effective date;
(D) The
			 date of the last fee increase in the specialty code or program area if
			 applicable;
(E) The anticipated
			 date, time and location of the local municipal hearing scheduled pursuant to
			 ORS 294.160;
(F) The name, phone number and title of a
			 contact person; and
(G) A narrative
			 explaining the purpose of the proposed fee adoption.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0370 - Local Amendment Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A local municipality may request under ORS
			 455.040 a local amendment
			 relating to matters covered under the building code, by submitting to the
			 division, in writing, a local amendment application. The application must
			 include:
(a) The reason for the request;
(b) The name of, and contact
			 information for, the building official responsible for submitting the request
			 and enforcing and interpreting the local amendment if approved;
(c) A copy of the municipality's proposed
			 local ordinance or administrative rule; and
(d) A copy of the report required by section
			 (2)(b) of this rule.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0380

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth: ORS
				  455.030,
				  455.110,
				  479.730
Stat. Implemented: ORS
				  455.030,
				  455.110,
				  479.730
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0390 - Alternative Approval Process for Single-Family Dwelling Conversions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A municipality
			 administering and enforcing a building inspection program under ORS
			 455.148 or
			 455.150 shall, upon written
			 request from an applicant for a building permit, exercise its ability to grant
			 a local alternate approval, including alternate methods, modifications, and
			 waivers under the state building code for projects related to conversion of a
			 single-family dwelling to no more than four dwelling units. When making
			 decisions regarding such a permit application, a building official may grant an
			 alternate method for the following elements:
(a) Means of egress requirements, including
			 emergency escape and rescue openings;
(b) Smoke alarms, carbon monoxide alarms, and
			 radon gas mitigation;
(c) Fire
			 separation, fire resistance ratings, and dwelling unit penetrations and
			 compartmentalization; and
(d)
			 Required automatic fire sprinkler systems.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0400 - Application, Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				918-020-0400 to
				918-020-0490 is to allow
				building officials to delegate plan review and verification authority to
				qualified builders. The division shall set statewide criteria to approve
				applications and administer testing for a master builder
				certification.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0410 - Statewide Master Builder Program - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions
				apply:
(1) "Building trade committee"
			 means a group, including, but not limited to, two local general contractors,
			 one local building official and any other persons having substantial expertise
			 in various aspects of one and two family dwelling construction.
(2) "General contractor" has the meaning
			 given in ORS 701.005.
(3) "Master builder" means a person certified
			 under the provisions of OAR
			 918-020-0420.
(4) "Qualified Construction Company" means a
			 company that has been continuously licensed by the Construction Contractors
			 Board during:
(a) The preceding five years as
			 a general contractor; or
(b) At
			 least the preceding two years as a general contractor and by one or more other
			 states during the balance of the preceding five years in an occupation
			 equivalent to that of a general contractor.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0420 - Training and Experience Required of an Individual

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual desiring to obtain or renew
			 a master builder certificate shall have the following prerequisites prior to
			 applying to the division:
(a) Be an owner or
			 regular employee of a qualified construction company and be authorized by the
			 company to provide assurance to the division that all state and local code
			 requirements are met;
(b) In each
			 of the five preceding calendar years, have either performed or supervised
			 dwelling construction or whole dwelling remodel. In at least two of the five
			 years, the construction or remodel shall have occurred in a geographic area
			 that has or implements a master builder program; and
(c) Provide verification of completion of an
			 approved training program on the current adopted
One- and Two-Family
			 Dwelling Specialty Code
.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0430 - Voluntary Establishment of a Master Builder Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local jurisdiction establishment of a
			 master builder program is voluntary. A local jurisdiction electing to establish
			 a program shall notify the division through their operating plan. If
			 terminating a program, the local jurisdiction shall give notice to the division
			 180 days prior to terminating the program.
(2) The division may implement a master
			 builder program in one or more geographic areas for which the division provides
			 plan review or inspection services.
(3) A jurisdiction may not allow an
			 individual to perform the duties of a master builder unless the jurisdiction
			 has a master builder program.
(4)
			 The division shall maintain a list of jurisdictions that are participating in
			 the statewide master builder program.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0440 - Inspection Requirements that May Be Waived

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to OAR
			 918-020-0430 and OAR
			 918-020-0450, a building
			 official may waive certain jurisdictional responsibilities to a master builder
			 on a project by project basis for the following inspections:
(a) Drywall;
(b) Footings and setbacks;
(c) Foundation walls, concrete encased
			 electrode;
(d)
			 Insulation;
(e) Masonry fireplace
			 pre-cover;
(f) Masonry
			 rebar;
(g) Gutters, downspouts and
			 foundation drains;
(h) Roof
			 sheathing nailing;
(i) Suspended
			 ceiling;
(j) Underfloor structural;
			 and
(k) Wall sheathing
			 nailing.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0450 - Criteria to Waive Inspections or Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under a master builder program, a
			 building official may waive on a project-by-project basis some plan review
			 elements and one or more of the required inspections identified in OAR
			 918-020-0330, if:
(a) A master builder
			 submits construction plans regulated by the
One- and Two-Family Dwelling
			 Specialty Code
; and
(b) The
			 building official determines that:
(A) The
			 work is not of a highly technical nature; and
(B) There is no unreasonable potential risk
			 to safety of the structure.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0460 - Verification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A master builder shall:
(1) Perform all plan review and required
			 verifications that the building official has waived; and
(2) Maintain copies of all documents and
			 reports required by the local jurisdiction granting the waiver and provide
			 those copies to the building official upon request.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0470 - Assumption of Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When waiving government performance of plan review or required inspections, a
			 building official shall require the master builder to sign a form that
			 specifically identifies each waiver and that states that the master builder
			 accepts the duty of performing the review and verifications.
(2) A master builder who accepts the duty of
			 performing a review or verification remains responsible for that duty unless
			 released by written and signed permission of the building official. A building
			 official may release a master builder from a review or verification by a
			 written and signed assumption of the review or inspection duty by the building
			 official or written and signed assumption of the review and verification duty
			 by another master builder.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0480 - Revocation of Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
A building official who has a master builder program:
(1) May revoke a waiver for a plan review or
			 required inspection if the master builder fails to properly perform, or
			 document performance of, plan review or verification duties as required by
			 these rules; and
(2) Shall, within
			 90 days, notify the division when the building official revokes a
			 waiver.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0490 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 individual applies on or before January 1, 2006, to be a master builder, and
			 the individual has performed or supervised a dwelling construction or whole
			 dwelling remodel in each of the five preceding calendar years, the division may
			 waive the geographical requirement of OAR
			 918-020-0420(b);
(2) Section (1) of this rule is repealed July
			 1, 2007. The repeal does not invalidate any certification granted prior to July
			 1, 2007.
(3) If an individual was
			 certified under a master builder pilot program, the division may waive any
			 requirement of OAR 918-020-0420(1)(b) and
			 (c), in granting master builder certification
			 to that individual. If an individual was certified under a pilot program and is
			 in good standing under that pilot program, the division may grant the
			 individual temporary certification that allows the individual to act as a
			 master builder in accordance with these rules for the purpose of completing a
			 project commenced under the pilot program. The temporary certification shall
			 expire 90 days following December 31, 2001. Notwithstanding OAR
			 918-020-0450, a waiver under a
			 pilot program granted by a building official to a master builder on or before
			 December 31, 2001, shall continue to be valid for an individual with a
			 temporary certification under this section.
Stat. Auth.: ORS
				  455.805 & ORS
				  455.810
Stats. Implemented: ORS
				  455.805 & ORS
				  455.810
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 918, division 30 establishes the general licensing
				requirements and procedures for individuals and businesses licensed by the
				appropriate board or by Building Codes Division. These rules apply to
				individuals and businesses required to be licensed under provisions of ORS
				chapters 447.110 to 447.156, 460.005 to 460.175, 479.510 to 479.945, 480.510 to
				480.670 and 693.
Stat. Auth.: ORS
				  455.117
Stat. Implemented: ORS
				  455.117
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 918, division 30 and division 35, terms
				are defined as follows unless context requires otherwise:
(1) "Applicant" means a person that applies
			 for a license in the manner established by these rules.
(2) "Appropriate Board" means the advisory
			 board that has authority over a particular license or licensee.
(3) "Appropriate rules" refers to the
			 administrative rules containing specific licensing criteria that are located in
			 OAR chapter 918 division 225, division 282, division 400, division 695 and
			 division 780.
(4) "Code cycle"
			 means the period from adoption of the current Oregon Specialty Code to the
			 adoption of a new Oregon Specialty Code. Adoption refers to the base model code
			 and does not mean amendment of the Oregon Specialty Code.
(5) "Director" means the Director of the
			 Department of Consumer and Business Services.
(6) "Lawful work experience" means work
			 experience in a jurisdiction that was gained in compliance with that
			 jurisdiction's regulations. Lawful experience may include:
(a) Work experience gained while licensed for
			 the scope and type of work performed; and
(b) Work experience gained while in the
			 employ of a licensed employer when the employee is not required to have a
			 license.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0015 - Contractor Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to contractors' licenses issued by the division for the following:
			 boiler contractors, electrical contractors, elevator contractors, and plumbing
			 contractors.
(2) These contractors
			 must possess or maintain a Construction Contractors Board license under ORS
			 Chapter 701 or OAR Chapter 812. Possession of a Construction Contractors Board
			 license does not replace any license required by the division or the
			 appropriate board.
(3) Any
			 applicant for a division-issued contractor's license must provide verification
			 of appropriate Construction Contractors Board licensing.
(4) The division or appropriate board may
			 suspend, revoke, or refuse to renew any contractor license if the licensee
			 fails to maintain a required Construction Contractors Board license. Failure to
			 maintain a required Construction Contractors Board license includes, but is not
			 limited to, suspension, termination, or revocation by the Construction
			 Contractors Board, or failure to renew with the Construction Contractors
			 Board.
Stat. Auth.: ORS
				  447.040,
				  455.117,
				  479.630 &
				  480.630
Stats. Implemented: ORS
				  447.040,
				  455.117,
				  479.630, &
				  480.630
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0020 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 must apply for a license on a division form or by completing an online
			 application available through the division's Web site.
(2) In order to be approved the application
			 must include:
(a) Applicable examination and
			 application fees; and
(b)
			 Verification of training, work experience or other documentation submitted in
			 the manner established by OAR
			 918-030-0030.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0030 - Qualifying Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
All applicants must submit proof of qualifying criteria as
				required by the appropriate rules and in the manner established by this
				rule.
(1) Submit training and
			 experience verification as follows:
(a) A
			 certificate of completion from a registered apprenticeship program, or a
			 referral letter from either the registered training committee or a board
			 approved training program stating the applicant is qualified to take the
			 examination. The division will accept completion from an apprenticeship program
			 that is not registered only if it meets the Oregon standard for apprenticeship
			 training.
(b) A copy of a valid
			 license from a reciprocal jurisdiction or a letter from the reciprocal
			 jurisdiction stating that the applicant is currently licensed. Only reciprocal
			 jurisdiction licenses obtained through examination meet this requirement;
			 or
(c) Other verification of
			 equivalent training and experience submitted in the manner established in OAR
			 918-030-0040 and
			 918-030-0050.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 30 - GENERAL LICENSING REQUIREMENTS › Section 918-030-0040 - Other Verification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants submitting other verification of equivalent training and experience
			 under OAR 918-030-0030(1)(c),
			 must provide verification from the following persons:
(a) Verification from a current or previous
			 employer actively involved with the applicant's work; or
(b) If the current or previous employer is no
			 longer in business, is deceased or otherwise cannot be located, verification
			 from the individual that supervised the work; or
(c) Only if both the employer and the
			 supervisor cannot be located, verification from a co-worker that was directly
			 involved in the work performed. Co-worker verification must be accompanied by
			 supporting documentation, such as employment records, showing that the verifier
			 worked with the applicant and has knowledge of the work performed.