ORS 455.148
Comprehensive municipal building inspection programs

  • building officials and contract building officials
  • rules
  • program duration, plan, failure, abandonment and resumption

(1)

Intentionally left blank —Ed.

(a)

A municipality that assumes the administration and enforcement of a building inspection program shall administer and enforce the program for all of 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 dwelling 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)

Accessory buildings or 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)

A building inspection program of a municipality may not include:

(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 dwelling 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; or

(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)

Intentionally left blank —Ed.

(a)

If a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint or employ a person to serve as a building official, who will administer and enforce the building inspection program. Under the circumstances described in ORS 455.202 (Definitions) (2), a municipality may for the same purpose enter into a contract with a contract building official, as defined in ORS 455.202 (Definitions). A building official or contract building official shall, in the municipality that appointed or employed the building official or that contracted with the contract building official, 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 or in a contract for a single contract building official for the purpose of administering a building inspection program within each municipality.

(b)

A contract between a municipality and a contract building official is subject to applicable provisions of ORS chapters 279A, 279B and 279C.

(4)

Intentionally left blank —Ed.

(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 the municipality is not a county, notify the county whether the municipality will continue to administer and enforce the building inspection program after expiration of the four-year period.

(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 the city will not administer the building inspection program, the county or counties within which the city is located shall administer and enforce the county program within the city in the same manner as the program is administered and enforced 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 the county will not administer and enforce a 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 a building inspection program, and permit or other fees arising from the building inspection program must 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 the expenses of the department related to administering and enforcing the building inspection program. A state employee may not be displaced as a result of using contract personnel.

(7)

The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July 1 of any year by notifying the director no later than January 1 of the same year and obtaining the director’s approval of an assumption plan as described in subsection (11)(c) of this section.

(8)

The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection (4) or (7) of this section. If the department is the governing body, the department shall have a plan on file. The plan must 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 and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS 455.457 (Licensing specialty code inspectors and plan reviewers) to perform the activities as if the activities were 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 that municipalities assume on or after January 1, 2002. Regulation under this subsection must 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)

Requiring a municipality assuming a building inspection program to submit with the notice given under subsection (7) of this section an assumption plan that includes, at a minimum:

(A)

A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years;

(B)

Demonstration of the ability and intent to provide building inspection program services for at least two years;

(C)

An estimate of proposed permit revenue and program operating expenses;

(D)

Proposed staffing levels; and

(E)

Proposed service levels;

(d)

Reviewing procedures and program operations of municipalities;

(e)

Creating standards for efficient, effective, timely and acceptable building inspection programs;

(f)

Creating standards for justifying increases in building inspection program fees adopted by a municipality;

(g)

Creating standards for determining whether a county or department building inspection program is economically impaired because of the county’s or the department’s inability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and

(h)

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 or is no longer able to administer the building inspection program; or

(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;

(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; and

(d)

Ratify or disapprove the discretionary decisions of a contract building official, as both terms are defined in ORS 455.202 (Definitions), to the extent that a municipality could ratify or disapprove the discretionary decisions of the municipality’s contract building official.

(14)

A municipality that abandons or otherwise ceases to administer and enforce a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July 1 of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection (7) of this section. [2001 c.573 §1; 2005 c.22 §328; 2007 c.487 §1; 2007 c.549 §§4,5; 2009 c.696 §§23,24; 2013 c.528 §11; 2019 c.422 §18; 2021 c.599 §8]
Note: 455.148 (Comprehensive municipal building inspection programs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 455.148 — Comprehensive municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure, abandonment and resumption, 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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