2017 ORS 455.028¹
Interagency agreements

(1) The Department of Consumer and Business Services may enter into interagency agreements with the Construction Contractors Board for the board to perform duties on behalf of the department under ORS 446.566 (Ownership document contents) to 446.646 (Department of Consumer and Business Services rules), 446.666 (Regulation of dealers, dealerships and salespersons) to 446.746 (Manufactured structure dealer criminal offenses), 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations), this chapter or ORS chapter 447, 460 or 693 regarding:

(a) Licenses, registrations and other authorizations; or

(b) The construction, reconstruction, renovation, alteration or repair of structures.

(2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance of advisory board duties by the Construction Contractors Board. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

(3) An interagency agreement under this section may provide for the board to perform all or part of the duties described in the agreement within one or more municipalities, geographic areas described in agreements under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) or state building code administrative regions established as provided under ORS 455.042 (State building code administrative regions), or on a statewide basis. The director may use an agreement under this section for the purpose of ensuring adequate staff and resources as provided under ORS 455.192 (Staffing and other resources for building code administration and enforcement). Any board employees utilized to carry out an agreement under this section shall remain employees of the board without loss of seniority or reduction in pay or benefits, but the agreement may provide for the department to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement.

(4) An interagency agreement under this section may provide for:

(a) Good faith cooperation between the board and the department to enable the board and the department to carry out their respective duties under law or under the agreement;

(b) The sharing of resources, including but not limited to the system described in ORS 455.095 (Electronic access to building code and construction-related information and services) and 455.097 (Electronic access system development and implementation), equipment, systems, processes and records, documents and other information;

(c) Using board and department information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the board administers and enforces on behalf of the department;

(d) Ensuring the security of information shared under the agreement;

(e) Purchases by the board of supplies and equipment to carry out duties on behalf of the department, subject to the department’s reimbursement of the board;

(f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and

(g) Acceptance by the board of moneys in payment of department fees, the temporary retention and transfer of fee moneys and the reimbursement of the board’s expenses under the agreement from those fee moneys.

(5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and ORS chapter 286A.

(b) Any department moneys accepted by the board as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the board. Department moneys temporarily retained by the board, regardless of where kept or deposited, are moneys of the department. The retained moneys are not subject to any appropriation to the board, any authorization for or limitation on the expenditure of moneys by the board, any restriction on the source, use or transfer of board moneys or any judgment, lien or other claim against moneys of the board. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of department moneys by the board under an interagency agreement described in this section shall be governed solely by the terms of the agreement.

(6) An interagency agreement under this section may not:

(a) Delegate the authority of the director to establish policies or to make a final determination on any matter;

(b) Allow the board to hold department fee moneys in a board account under ORS 182.470 (Depository accounts for moneys collected or received by semi-independent state agencies) that does not allow for the separate tracking and accounting of those moneys;

(c) Allow the board to hold department fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or

(d) Transfer department expenses to the board. [2015 c.110 §2]

Note: 455.028 (Interagency agreements) was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(formerly 456.750 to 456.890)

Notes of Decisions

Although state structural specialty code sets standard requiring only single wall construc­tion, home rule city was entitled to enact ordinance requiring new homes to use double wall construc­tion. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

Atty. Gen. Opinions

Authority of State Fire Marshal to adopt regula­tions, (1974) Vol 36, p 1102

1 Legislative Counsel Committee, CHAPTER 455—Building Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors455.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano455.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.