Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 20 - DELEGATION OF PROGRAMS TO LOCAL JURISDICTIONS › Section 918-020-0090 - Program Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Every municipality that administers and enforces an approved
				building inspection program must establish and maintain the minimum standards,
				policies, and procedures set forth in this rule.
(1) Administrative Standards. A building
			 inspection program must comply with the following:
(a) Provide adequate funds, equipment, and
			 other resources necessary to administer and enforce the building inspection
			 program in conformance with an operating plan;
(b) Document in writing the authority and
			 responsibilities of the building official, plan reviewers, and inspectors based
			 on an ordinance or resolution that authorizes the building official on behalf
			 of the municipality to administer and enforce a building inspection
			 program;
(c) Establish a local
			 process to review appeals of technical and scientific determinations made by
			 the building official regarding any provision of the specialty codes the
			 municipality administers and enforces, to include a method to identify the
			 local building official or designee and notify the aggrieved persons of the
			 provisions of ORS 455.475;
(d) Account for all revenues collected and
			 expenditures made relating to administration and enforcement of the building
			 inspection program, and account for the electrical program revenues and
			 expenditures separately when administered by the municipality.
(A) Prepare income and expense projections
			 for each code program it will administer and enforce during the reporting
			 period; and
(B) Describe how
			 general administrative overhead costs and losses or surpluses, if any, will be
			 allocated.
(e) Establish
			 policies and procedures for the retention and retrieval of records relating to
			 the administration and enforcement of the specialty codes it administers and
			 enforces;
(f) Make its operating
			 plan available to the public;
(g)
			 Establish a process to receive public inquiries, comments, and
			 complaints;
(h) Adopt a process to
			 receive and respond to customers' questions regarding permitting, plan review,
			 and inspections;
(i) Set reasonable
			 time periods between 7 a.m. and 6 p.m. on days its permit office is open,
			 weekends and holidays excluded, when it will receive and respond to customers'
			 questions;
(j) Post its
			 jurisdictional boundary, types of permits sold and hours of operation at each
			 permit office it operates;
(k)
			 Identify all persons in addition to the building official to whom notices
			 issued pursuant to these rules should be sent;
(L) When requested by the division, return a
			 completed data request form to and as provided by the division
			 annually;
(m) Complete a program
			 administration form, which is available on the division's website, for an
			 initial building inspection program approval and assumption, for building
			 program expansion approval and assumption, and thereafter when seeking to renew
			 a program under OAR 918-020-0105;
(n) Appoint or employ a person to serve as
			 the building official pursuant to ORS
			 455.148(3) or
			 455.150(3) as
			 follows:
(A) The individual appointed or
			 employed pursuant to this section must be certified by the division as a
			 building official under OAR chapter 918, division 098;
(B) For the purposes of this subsection, to
			 be directly employed the person must be subject to the provisions of ORS
			 316.162 to
			 316.221 and have completed a
			 withholding exemptions certificate required by ORS
			 316.162 to
			 316.221;
(C) Two or more municipalities may combine in
			 the appointment of a single building official who is employed by one of those
			 municipalities for the purposes of administering a building inspection program
			 within their communities; and
(D) A
			 municipality may contract with a contract building official to administer and
			 enforce all or parts of the building inspection program, in accordance with OAR
			 chapter 918 division 020 and 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB
			 866).
(o) For any
			 program that procures services from a contract building official under 2021
			 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866):
(A) Document in its operating plan the
			 information outlined in section 7 of this rule.
(B) Have audits conducted in accordance with
			 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866); and
(C) Make the results of each audit conducted
			 under 2021 Oregon Laws Ch. 599, Sec. 2, Subsec. 6 (Enrolled SB 866) available
			 to the public by easily accessible electronic means.