2013 ORS § 455.150¹
Selective municipal building inspection programs
  • building officials
  • rules
  • program duration, plan, failure and abandonment
  • limitation on program resumption

(1) Except as provided in subsection (15) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program:

(a) Is a program that includes the following:

(A) The state building code, as defined in ORS 455.010 (Definitions for ORS chapter 455), except as set forth in paragraph (b) of this subsection.

(B) Manufactured structure installation requirements under ORS 446.155 (Sanitation and safety requirements), 446.185 (Minimum safety standards for equipment, material and installations) (1) and 446.230 (Safety and construction standards for installation, support and tiedown).

(C) Manufactured dwelling parks and mobile home parks under ORS chapter 446.

(D) Park and camp programs regulated under ORS 455.680 (Plan approval and permits for recreation or picnic park or camp).

(E) Tourist facilities regulated under ORS 446.310 (Definitions for ORS 446.310 to 446.350) to 446.350 (Tourist Facility Account).

(F) Manufactured dwelling alterations regulated under ORS 446.155 (Sanitation and safety requirements).

(G) Manufactured structure accessory buildings and structures under ORS 446.253 (Authority of director).

(H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (Exempt vessels) (5).

(b) Is not a program that includes:

(A) Boiler and pressure vessel programs under ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations) except those described in rules adopted under ORS 480.525 (Exempt vessels) (5);

(B) Elevator programs under ORS 460.005 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees);

(C) Amusement ride regulation under ORS 460.310 (Definitions for ORS 460.310 to 460.370) to 460.370 (Deposit of fees);

(D) Prefabricated structure regulation under ORS chapter 455;

(E) Manufacture of manufactured structures programs under ORS 446.155 (Sanitation and safety requirements) to 446.285 (Advisory board training and education programs), including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS 446.155 (Sanitation and safety requirements) or the National Manufactured Housing Construction and Safety Standards Act of 1974;

(F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; and

(G) Review of plans and specifications as provided in ORS 455.685 (Review of plans and specifications to determine compliance).

(2) A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants.

(3) When a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint a person to administer and enforce the building inspection program or parts thereof, who shall be known as the building official. A building official shall, in the municipality for which appointed, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official for the purpose of administering a building inspection program within their communities.

(4)(a) By January 1 of the year preceding the expiration of the four-year period described in subsection (2) of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer the building inspection program, or parts thereof, after expiration of the four-year period. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work.

(b) Notwithstanding the January 1 date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March 1.

(5) If a city does not notify the director, or notifies the director that it will not administer certain specialty codes or parts thereof under the building inspection program, the county or counties in which the city is located shall administer and enforce those codes or parts thereof within the city in the same manner as it administers and enforces them outside the city, except as provided by subsection (6) of this section.

(6) If a county does not notify the director, or notifies the director that it will not administer and enforce certain specialty codes or parts thereof under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts thereof, and permit or other fees arising therefrom shall be paid into the Consumer and Business Services Fund created by ORS 705.145 (Consumer and Business Services Fund) and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel.

(7) If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS 455.148 (Comprehensive municipal building inspection programs), including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 (Comprehensive municipal building inspection programs) and ceases to be subject to this section.

(8) The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection (4) of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

(9) A municipality that administers a code for which persons or businesses are authorized under ORS 455.457 (Licensing specialty code inspectors and plan reviewers) to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

(10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 (Licensing specialty code inspectors and plan reviewers) has no responsibility or liability for the activities of the licensee.

(11) In addition to the requirements of ORS 455.100 (Duties of director) and 455.110 (Other duties of director), the director shall regulate building inspection programs of municipalities assumed prior to January 1, 2002. Regulation under this subsection shall include but not be 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 increases in building inspection program fees adopted by a municipality;

(f) Creating standards for determining 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 a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and

(g) Enforcing the requirements of this section.

(12) The department may assume administration and enforcement of a building inspection program:

(a) During the pendency of activities under ORS 455.770 (Investigation of municipality, building official or inspector);

(b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; and

(c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465 (Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review), 455.467 (Timelines for approval or disapproval of certain specialty code building plans) and 455.469 (Municipal building inspection program to include certain policies and ordinances).

(13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

(a) Enter into agreements with local governments under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) regarding the administration and enforcement of the assumed building inspection program;

(b) Take action as described in ORS 455.192 (Staffing and other resources for building code administration and enforcement) to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program; and

(c) Charge fees described in ORS 455.195 (Fees charged following surrender or abandonment of municipal building inspection program) for department services provided in administering and enforcing the assumed building inspection program.

(14) If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July 1 of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS 455.148 (Comprehensive municipal building inspection programs), including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 (Comprehensive municipal building inspection programs) and ceases to be subject to this section.

(15) A municipality that administers and enforces a building inspection program under this section shall include in the program the inspection of boilers and pressure vessels described in subsection (1)(a)(H) of this section. [Formerly 456.800; 1991 c.308 §1; 1991 c.410 §1; 1993 c.463 §1; 1993 c.744 §89; 1995 c.553 §1; 1999 c.1045 §15; 2001 c.573 §3; 2007 c.487 §2; 2009 c.696 §25; 2013 c.528 §12]