2017 ORS 455.220¹
Surcharge on building permit fees
  • collection
  • deposit
  • use

(1) There is hereby imposed a surcharge in the amount of one percent of the total building permit fees or, if the applicant chooses to pay an hourly rate instead of purchasing a permit, one percent of the total hourly charges collected in connection with the construction of, or addition or alteration to, buildings and equipment or appurtenances. Up to one-half of the surcharge collected under this subsection may be used to fund the activities described in ORS 455.042 (State building code administrative regions) and 455.046 (Installation labels). The remainder of the surcharge collected under this subsection shall be used for the purpose of defraying the costs of training and other educational programs administered by the Department of Consumer and Business Services under this chapter.

(2) Permit surcharges shall be collected by each municipality and remitted to the Director of the Department of Consumer and Business Services. Each municipality having a population greater than 40,000 shall, on a monthly basis, prepare and submit to the director a report of permits and certificates issued in each class or category and fees and surcharges thereon collected during the month, together with other statistical information as required by the director concerning construction activity regulated by the parts of the state building code administered by the municipality. All other municipalities shall submit a report described in this subsection on a quarterly basis. The report shall be in a form prescribed by the director and shall be submitted, together with a remittance covering the surcharges collected, by no later than the 15th day following the month or quarter in which the surcharges are collected.

(3)(a) All surcharges and other fees prescribed by ORS 455.010 (Definitions for ORS chapter 455) to 455.240 (Revenues from sales of building codes publications) and 455.410 (Relocated buildings) to 455.740 (Denial of certificate) and payable to the department, except fees received under ORS 455.148 (Comprehensive municipal building inspection programs) (6) or 455.150 (Selective municipal building inspection programs) (6), shall be deposited by the director in the Consumer and Business Services Fund created by ORS 705.145 (Consumer and Business Services Fund).

(b) Notwithstanding subsection (1) of this section, the surcharge imposed under subsection (1) of this section for permits established under ORS 446.062 (Rules regulating parks) (3), 446.176 (Fees), 446.405 (Complaint procedure) (2), 446.430 (Delegation to county or city to administer rules regulating parks) (2) and 455.170 (Director delegation of certain duties) (2) shall be deposited in the Consumer and Business Services Fund established under ORS 705.145 (Consumer and Business Services Fund) and is continuously appropriated to the department for use as provided in ORS 446.423 (Use of moneys).

(4) Except as provided in subsection (5) of this section, the director shall administer training and other education programs under this chapter through contracts with local educational institutions, professional associations or other training providers.

(5) The director may:

(a) Arrange for the department to offer training and other education programs for building officials and building inspectors; or

(b) Arrange for local educational institutions, professional associations or other training providers to offer training and other education programs for building officials and building inspectors. A contract between the director and a training provider under this paragraph is subject to ORS 279B.235 (Condition concerning hours of labor), but is otherwise exempt from ORS chapters 279A and 279B and ORS 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency) and 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court). [Formerly 456.860; 1993 c.744 §90; 1995 c.553 §5; 1999 c.1045 §25; 1999 c.1082 §§10,10a; 2001 c.573 §10; 2001 c.710 §9; 2003 c.675 §25; 2005 c.833 §4; 2009 c.593 §4]

(formerly 456.860)

Atty. Gen. Opinions

Validity of requiring that a city collect for the state a surcharge on building fees, (1975) Vol 37, p 856

(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.