2017 ORS 455.185¹
Agreements for full, divided, mutual or joint administration and enforcement

(1) Notwithstanding ORS 455.148 (Comprehensive municipal building inspection programs), 455.150 (Selective municipal building inspection programs) and 455.153 (Municipal authority to administer specialty code or building requirements), upon request by one or more municipalities and with the consent of all affected parties, the Director of the Department of Consumer and Business Services may enter into an agreement for the Department of Consumer and Business Services to uniformly administer and enforce all or a portion of a building inspection program within a geographic area. The geographic area may be a municipality, a region comprising parts of more than one municipality or a region comprising multiple municipalities. The geographic area need not correspond to the jurisdictional boundaries of municipalities. The agreement may provide for the department to perform administration and enforcement for a specified period or for carrying out one or more particular projects.

(2) The terms of an agreement under subsection (1) of this section may specify whether the department is to utilize department resources or combine resources with one or more of the municipalities to carry out an agreement. An agreement may combine department and local government resources in any manner that the parties believe will provide for the efficient and uniform administration of the building inspection program within the geographic area, including but not limited to full, divided, mutual or joint performance of any of the administrative or enforcement functions by any of the parties to the agreement. A decision by the director regarding whether to enter into an agreement under subsection (1) of this section, and the content of any agreement that the director enters into under subsection (1) of this section, is not subject to review by the Attorney General or the Oregon Department of Administrative Services and is subject to challenge or appeal under ORS chapter 183 only for failure to comply with an express requirement created under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) to 455.198 (Fee surcharge use).

(3) An agreement under subsection (1) of this section is not an abandonment of a building inspection program for purposes of ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs).

(4) If the Department of Consumer and Business Services enters into an agreement under subsection (1) of this section, the department and a public body that offers construction-related services in the geographic area may enter into an agreement for providing access to the construction-related services on the electronic information 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). The agreement may include, but need not be limited to, provision for access that allows the electronic submission of an application to the public body for a construction-related permit. As used in this subsection, “public body” has the meaning given that term in ORS 174.109 (“Public body” defined). [2013 c.528 §5; 2015 c.170 §4]

Note: 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) to 455.200 (Policies and procedures) were added to and made a part of ORS chapter 455 by legislative action but were 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.