ORS 455.705
Prefabricated structures plan approval and inspections

  • approval of business or persons performing inspections
  • rules
  • fees
  • manufacturer compliance program
  • insignia of compliance or certification stamp required for certain transactions

(1)

A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan approvals or inspections for a prefabricated structure that is exempt under ORS 455.312 (Exemption from code of structures for out-of-state delivery) (1).

(2)

Intentionally left blank —Ed.

(a)

A person may not engage in plan approvals or inspections for a structure without being certified under ORS 455.715 (Definitions for ORS 455.715 to 455.740) to 455.740 (Denial of certificate) or 479.810 (Administration and enforcement) unless the person is providing plan approvals or inspections for a structure that is exempt under ORS 455.312 (Exemption from code of structures for out-of-state delivery) (1).

(b)

Except as provided in this paragraph, a person may not engage in the business of providing plan approvals or inspections for a structure without an approval issued by the Department of Consumer and Business Services. This paragraph does not apply to plan approval or inspection of a structure that is exempt under ORS 455.312 (Exemption from code of structures for out-of-state delivery) (1).

(3)

In accordance with any applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a system for approval and regulation of businesses and persons who perform prefabricated structure plan approvals or inspections. This subsection does not authorize the director to require or regulate plan approval or inspection of a prefabricated structure that is exempt under ORS 455.312 (Exemption from code of structures for out-of-state delivery) (1). The system shall include but not be limited to the following provisions:

(a)

Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of an approval.

(b)

Prescribing the term of the approval and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the approval system. The charge for review and approval of a third party inspection service shall not exceed, for the original issue, $400 and for the renewal, $200.

(c)

Prescribing the conditions for initial issuance, renewal and maintenance of the approval for a person certified under ORS 455.715 (Definitions for ORS 455.715 to 455.740) to 455.740 (Denial of certificate) or 479.810 (Administration and enforcement), including but not limited to the following provisions:

(A)

Procedures and reports for plan approvals and inspections;

(B)

Ethical practices and prohibitions of conflicts of interests with manufacturers of prefabricated structures and manufacturers and suppliers of parts and services;

(C)

Insurance compliance requirements;

(D)

Procedures for use and application of insignia of compliance; and

(E)

Fees for and procedures for use and application of certification stamps.

(d)

Prescribing other actions or circumstances that constitute failure to achieve or maintain approval competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a certification, permit or certificate.

(e)

Prescribing the authority of the department to perform oversight monitoring including but not limited to:

(A)

Right of entry and access to third party records and information;

(B)

Frequency, type and extent of the oversight monitoring and inspection of third party agencies and manufacturing facilities; and

(C)

Frequency and description of information to be submitted as part of the monitoring process.

(f)

Prescribing fees for monitoring conducted by the department at the manufacturing plant site or at third party inspection service locations, which fees shall not exceed $60 per hour.

(4)

Intentionally left blank —Ed.

(a)

The department shall establish by rule a manufacturer compliance program to allow for plan approvals or inspections of prefabricated structures or prefabricated structure components at the facility at which the prefabrication takes place, including but not limited to the following provisions:

(A)

Quality assurance programs;

(B)

Procedures for use and application of insignia of compliance; and

(C)

Fees for and procedures for use and application of certification stamps.

(b)

A manufacturer of prefabricated structures shall provide the department with written notice at least 60 days before a manufacturer may provide for plan approval or inspection service as allowed under subsection (2) of this section.

(c)

The department is not required to provide plan approval for or inspection of any prefabricated structure or prefabricated structure components unless the department has been notified in writing by the manufacturer of the prefabricated structure 180 days in advance of the proposed assumption of department inspections.

(5)

A person may not rent, lease, sell, exchange, install or offer for rent, lease, sale, exchange or installation within this state a prefabricated structure constructed on or after July 1, 1991, unless it bears an insignia of compliance or certification stamp issued by the department or a third party indicating compliance with this state’s building regulations and standards for prefabricated structures. The prohibition in this subsection does not apply to a prefabricated structure described in ORS 455.312 (Exemption from code of structures for out-of-state delivery) (1) or (2). A prefabricated structure with an insignia of compliance or certification stamp shall be acceptable to municipalities as meeting the state building code regulations. Prefabricated structures constructed prior to July 1, 1991, are subject to the building code regulations in effect at the time of original construction.

(6)

The provisions of this section do not apply to employees of the Department of Consumer and Business Services and testing laboratories approved under ORS chapters 447 and 479.

(7)

For purposes of this section, “insignia of compliance” means the plate affixed to a structure by the Department of Consumer and Business Services or a third party to signify compliance with all state building code requirements for which the structure was inspected.

(8)

Prefabricated structures or components found by the department or a third party to represent a danger to public health or safety shall be brought into compliance with building code regulations or removed from the state.

(9)

All plan approvals and inspections of prefabricated structures and prefabricated components constructed at manufacturing plants outside of Oregon but intended for delivery into Oregon shall be performed by the department or conducted under ORS 455.430 (Reciprocity for prefabricated structures). [1995 c.304 §3; 2005 c.310 §3; 2019 c.422 §21]
Note: 455.705 (Prefabricated structures plan approval and inspections) was added to and made a part of 455.010 (Definitions for ORS chapter 455) to 455.740 (Denial of certificate) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 455.705 — Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transactions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors455.­html.

455.010
Definitions for ORS chapter 455
455.015
Legislative findings
455.020
Purpose
455.022
Appropriation of program fees established by department rule
455.028
Interagency agreements
455.030
Rulemaking
455.035
Effective date of rules
455.040
State building code preempts local ordinances and rules
455.042
State building code administrative regions
455.044
Tri-County Building Industry Service Center
455.046
Installation labels
455.048
Rules
455.050
Building permits
455.055
Uniform permit, inspection and certificate of occupancy requirements
455.058
Investigation fee for work commenced without permit
455.060
Rulings on acceptability of material, design or method of construction
455.062
Provision of typical drawings and specifications
455.065
Alternative regulatory options for emerging technologies
455.068
Applicability of construction standards to winery
455.070
Report of suspected code violation
455.080
Inspector may require proof of compliance
455.083
Enjoining violations of state building code
455.085
Publication
455.090
Building codes information and services system or network
455.093
Definition for ORS 455.095, 455.097 and 455.185
455.095
Electronic access to building code and construction-related information and services
455.097
Electronic access system development and implementation
455.098
Minimum standards and statewide consistency in electronic processes
455.100
Duties of director
455.110
Other duties of director
455.112
Elimination of unclear, duplicative, conflicting or inadequate provisions
455.117
Adoption of rules governing licensing, certification or registration
455.122
Combinations of licenses
455.125
Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization
455.127
Disqualification from obtaining license, registration, certificate or certification
455.129
Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application
455.132
Building Codes Structures Board
455.135
Residential and Manufactured Structures Board
455.138
Electrical and Elevator Board
455.140
Mechanical Board
455.144
Terms
455.146
Frequency of board meetings
455.148
Comprehensive municipal building inspection programs
455.150
Selective municipal building inspection programs
455.152
Objections to municipal assumption of building inspection program
455.153
Municipal authority to administer specialty code or building requirements
455.154
Alternative permit and inspection program
455.155
Statewide permit and inspection system for minor construction work
455.156
Municipal investigation and enforcement of certain violations
455.157
Process for municipal imposition of monetary penalties
455.158
Verification of required license prior to issuance of permit
455.160
Failure to provide timely inspections or plan reviews prohibited
455.165
Standards for building codes information collected and maintained by municipalities
455.170
Director delegation of certain duties
455.175
Restriction on city or county refusal of building permit in residential subdivision
455.180
Restriction on city or county refusal to issue building permit
455.185
Agreements for full, divided, mutual or joint administration and enforcement
455.188
Fee revenue generated under agreement
455.192
Staffing and other resources for building code administration and enforcement
455.195
Fees charged following surrender or abandonment of municipal building inspection program
455.198
Fee surcharge use
455.200
Policies and procedures
455.202
Definitions
455.204
Ratification of contract building official’s discretionary decision
455.206
Building official as public official
455.208
Requirements for continued procurement of contract building official’s services
455.210
Fees
455.220
Surcharge on building permit fees
455.230
Use of Consumer and Business Services Fund moneys
455.240
Revenues from sales of building codes publications
455.310
Single-family residence repair and maintenance exempt from codes
455.312
Exemption from code of structures for out-of-state delivery
455.315
Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities
455.320
Owner-built dwellings exempt from certain structural code provisions
455.325
Definitions for ORS 455.325 to 455.350
455.330
Counties authorized to exempt owner-built dwellings in rural areas from structural code
455.335
Rural areas to be mapped
455.340
Code requirements to which exemption may not apply
455.345
Permit, fee, plan check and inspection provisions apply
455.350
Purchaser’s remedies
455.355
Rules governing mercury thermostats
455.360
Carbon monoxide alarms
455.365
Radon mitigation standards
455.380
Department as final authority on agriculture workforce housing
455.390
Definitions for ORS 455.020, 455.390, 455.395 and 455.400
455.395
Admissibility of data or agreements as evidence
455.400
Effect of seismic rehabilitation provisions on exclusive remedy
455.405
Recreational vehicle conversion to structure
455.410
Relocated buildings
455.412
Review of state building code provisions regarding certain smoke alarms and smoke detectors
455.415
Identification badges
455.417
Provision of electric service capacity for charging electric vehicles in newly constructed buildings
455.420
Individual electric meters required in multifamily residential buildings
455.422
New construction
455.425
Low-income elderly housing multiservice rooms required
455.427
Prohibition of certain refrigerants
455.430
Reciprocity for prefabricated structures
455.440
When site soil analysis required
455.445
Indoor air quality standards for public areas and office workplaces
455.446
Tsunami inundation zone
455.447
Regulation of certain structures vulnerable to earthquakes and tsunamis
455.448
Entry and inspection of earthquake-damaged structures
455.449
Unsafe condition resulting from earthquake damage
455.450
Prohibited acts
455.453
Additional prohibitions
455.455
Building inspection and plan review
455.457
Licensing specialty code inspectors and plan reviewers
455.459
Specialty code inspection and plan review
455.461
Specialty code inspectors and plan reviewers
455.463
Specialty code inspection and plan review
455.465
Department and municipalities to designate persons licensed to conduct specialty code inspection and plan review
455.466
Rapid approval assessment for essential projects
455.467
Timelines for approval or disapproval of certain specialty code building plans
455.468
Electronic submission of application materials
455.469
Municipal building inspection program to include certain policies and ordinances
455.471
Specialty code inspection and plan review fee authority
455.473
Disposition of certain fees received by department
455.475
Appeal of decision of building official
455.477
Requirement for suit filed by licensed specialty code inspector or plan reviewer
455.479
Application to specialty inspections identified by department
455.481
Application to inspection and plan review for prefabricated structures
455.483
Electrical and plumbing code plan review
455.485
Special consideration for rural or remote areas
455.490
Legislative findings
455.492
Construction Industry Energy Board
455.496
Standards relating to energy use and energy efficiency aspects of specialty codes
455.500
Reach Code
455.505
Uniform energy conservation standards
455.511
State Building Code energy efficiency goals and standards
455.525
Rules for energy conservation and passive solar energy in structures
455.530
Authority to receive money and to contract
455.560
Definitions for ORS 455.560 to 455.580
455.565
Purpose of ORS 455.560 to 455.580
455.570
Maximum lighting standards for new public buildings
455.573
Outdoor shielded lighting fixtures
455.575
Advisory lighting standards for public buildings constructed before July 1, 1978
455.580
Status of powers of director
455.595
Energy Efficient Construction Account
455.610
Low-Rise Residential Dwelling Code
455.612
Building code standards for wildfire hazard mitigation
455.614
Mapping tool for wildfire hazard mitigation
455.616
Construction standards for small homes
455.622
Certification of inspectors
455.625
Rules for permits
455.626
Rules for accommodating technology
455.627
Minor electrical installation inspection program
455.628
Plan review exemption
455.630
Enforcement
455.640
Definitions for ORS 455.640 to 455.645
455.642
Application
455.645
Certain plans for structures of public assembly to be certified
455.675
Authorized substitutions in codes adopted by reference
455.680
Plan approval and permits for recreation or picnic park or camp
455.685
Review of plans and specifications to determine compliance
455.690
Appeal to advisory boards
455.700
Validity of certain building permits
455.705
Prefabricated structures plan approval and inspections
455.715
Definitions for ORS 455.715 to 455.740
455.720
Standards and qualifications for personnel
455.723
Specialized building inspectors
455.725
Certification of personnel training programs
455.730
Certification of personnel required
455.732
Certification of inspectors to perform duties in building code administrative regions
455.735
Issuance and renewal of certificates
455.737
Experience and training outside Oregon
455.740
Denial of certificate
455.770
Investigation of municipality, building official or inspector
455.775
Enforcement authority of director
455.800
Definitions for ORS 455.800 to 455.820
455.805
Criteria for granting of master builder status
455.810
Certificates
455.815
Establishment of master builder programs
455.820
Plan review and verification
455.895
Civil penalties
455.897
Criminal penalties
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