This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Electrical Specialty Code, the appeal process set forth in OAR 918-008-0120 shall be followed.

1. (1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one process to the other on the same issue. Such appeal shall:

   1. (a) Be made within 30 days of the municipality decision; and
   2. (b) Include the name of the person making the appeal, a written description of the appeal, the name of the authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been issued; and
   3. (c) Be accompanied by $20 appeal fee.
2. (2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or designee and any other information necessary to make a decision.
3. (3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing.

4. (4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the decision of the specialty code chief to the appropriate state advisory board, the person shall:

   1. (a) Request further appeal within 15 days after written notification of the decision of the specialty code chief; and

   2. (b) Provide additional information as needed by the division to process the appeal.

      [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 455.475

Statutes/Other Implemented

ORS 455.475

History

BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00