1. (1) OAR chapter 918, division 020 interprets and applies ORS 455.148 to 455.210 and 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866). ORS 455.148 and 455.150 provide that municipalities that administer and enforce building inspection programs may do so for a period of up to four years before a renewal is required. A building inspection program is limited to the administration and enforcement of those specialty code programs assumed by a municipality under ORS 455.148, 455.150 and 479.855. ORS 455.148 and 455.150 authorize the department to adopt rules to adjust time periods for administration of building inspection programs to allow for variations in the needs of the department and participants. ORS 455.148 and 455.150 and 2021 Oregon Laws Ch. 599, Sec. 2 (Enrolled SB 866) authorize the department to adopt rules regulating municipal administration and enforcement of building inspection programs including, but not limited to:

   1. (a) Creating building inspection program application and amendment requirements and procedures;
   2. (b) Granting or denying applications for building inspection program authority and amendments;
   3. (c) Reviewing procedures and program operations of municipalities;
   4. (d) Creating standards for efficient, effective, timely and acceptable building inspection programs;
   5. (e) Creating standards for justifying building inspection program fees adopted by a municipality; and
   6. (f) Creating standards to determine whether a county or department building inspection program is economically impaired in its ability to reasonably continue providing the program or part of the program throughout the county, if another municipality is allowed to provide a building inspection program or part of a building inspection program within the same county; and
   7. (g) Creating standards related to qualified employees and the use of contract building officials.
2. (2) The purpose of these rules is to encourage municipalities to assume responsibility for the administration and enforcement of building inspection programs to the fullest possible extent. Each municipality is responsible for developing an independent operating plan that describes the manner in which the municipality will administer and enforce its building inspection program. Municipalities are encouraged to develop operating plans that meet the identified needs of their individual communities. The intent of the division is to cooperate with municipalities to obtain and maintain authority to administer and enforce efficient, effective, timely and acceptable building inspection programs.
3. (3) For the purpose of OAR chapter 918, division 020, "reporting period" means a four-year period during which a municipality administers and enforces a building inspection program pursuant to an operating plan, or a period of less than four-years as described under OAR 918-020-0180.

Statutory/Other Authority

ORS 455.030 & 2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866)

Statutes/Other Implemented

2021 Oregon Laws Ch. 599, Sections 2, 4 and 5 (Enrolled SB 866), ORS 455.150, ORS 455.210 & ORS 455.148

History

BCD 12-2021, amend filed 11/18/2021, effective 01/01/2022
BCD 29-2002, f. & cert. ef.10-1-02
BCD 16-2002, f. & cert. ef. 7-1-02
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
BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98
BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96