2017 ORS 455.192¹
Staffing and other resources for building code administration and enforcement

(1) Subject to ORS 293.235 (“State agency” defined for ORS 293.240 and 293.245) to 293.245 (Subsequent collection of debt written off under ORS 293.240), 293.250 (Collections Unit), 293.260 (Collection of moneys and property due to state) to 293.280 (Application of ORS 293.265 to 293.275), 293.285 (Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments) and 293.293 (Funds held in trust by court) and any rules adopted under ORS 293.235 (“State agency” defined for ORS 293.240 and 293.245) to 293.245 (Subsequent collection of debt written off under ORS 293.240), 293.250 (Collections Unit), 293.260 (Collection of moneys and property due to state) to 293.280 (Application of ORS 293.265 to 293.275), 293.285 (Transfers between funds, accounts or appropriations authorized for certain interagency and intergovernmental payments) and 293.293 (Funds held in trust by court), and notwithstanding ORS chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS chapter 293 or the rules adopted under ORS chapter 240, 276, 282, 283, 291 or 292, except as provided under this section the Director of the Department of Consumer and Business Services may take any action the director considers reasonable to ensure that sufficient staff and other resources are available for the administration and enforcement of the state building code. Subject to subsections (2) to (5) of this section, actions that the director may take under this section include, but are not limited to:

(a) Utilizing municipal personnel, or hiring former municipal personnel, to carry out the administrative and enforcement duties of the Department of Consumer and Business Services under an agreement described in ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement);

(b) Employing additional Department of Consumer and Business Services staff for carrying out the administrative and enforcement duties of the department under an agreement described in ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement); and

(c) Expending available resources to carry out department responsibilities to provide sufficient staff and other resources under an agreement described in ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement).

(2) Subsection (1) of this section does not authorize action within a municipality administering and enforcing a building inspection program under ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) except as provided in an agreement described in ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) to which the municipality is a party or has consented.

(3) The utilization of municipal personnel or hiring of former municipal personnel under subsection (1)(a) of this section is subject to any applicable collective bargaining agreements and may not be used to displace any state employee. Municipal personnel whom the department utilizes under subsection (1)(a) of this section retain their status as municipal personnel for purposes of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) while carrying out the administrative and enforcement duties of the department under an agreement.

(4) The employment of additional staff under subsection (1)(b) of this section is subject to any limitations established by the Legislative Assembly on the number of total personnel approved for the department. To the extent practicable, the director shall give preference to the use of available state employees to fulfill additional staffing requirements.

(5) The employment of additional staff under subsection (1)(b) of this section and the expenditure of available resources under subsection (1)(c) of this section must be predicated upon the availability of adequate revenue, which may include but need not be limited to revenue derived from municipal sources through an agreement described under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement). The use of existing revenue and available resources to carry out an agreement under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) is not an addition to or amendment of the legislatively adopted budget for the department.

(6) Notwithstanding ORS 455.230 (Use of Consumer and Business Services Fund moneys), the director may use moneys deposited in the Consumer and Business Services Fund from fees collected under this section for the purpose of paying the department’s costs of carrying out the administrative and enforcement duties of the department within any administrative region established by the director or a geographic region established by an agreement under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement) or for the purpose of assisting a local government to carry out an agreement under ORS 455.185 (Agreements for full, divided, mutual or joint administration and enforcement). [2013 c.528 §7]

Note: See note under 455.185 (Agreements for full, divided, mutual or joint administration and enforcement).

(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.