Bill Text: OR HB2064 | 2013 | Regular Session | Introduced
Bill Title: Relating to the amusement industry.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2064 Detail]
Download: Oregon-2013-HB2064-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1965
House Bill 2064
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on General
Government and Consumer Protection)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Reduces Department of Consumer and Business Services' role in
regulating amusement rides, amusement devices and rental
amusement devices.
Requires person engaging in occupation of inspecting amusement
rides, amusement devices or rental amusement devices to meet and
maintain professional qualifications established by department by
rule. Changes timing requirement for mandatory annual inspection
of ride or device by insurance carrier.
Imposes strict liability on owner of amusement ride, amusement
device or rental amusement device for damages caused by operation
of ride or device that is contrary to statute, rules or insurer
restrictions or conditions.
Makes violation of department rules regulating amusement rides,
amusement devices or rental amusement devices punishable by
maximum penalty of $2,500 fine, six months' imprisonment, or
both.
A BILL FOR AN ACT
Relating to the amusement industry; creating new provisions;
amending ORS 455.010, 455.022, 455.148, 455.150, 455.230,
460.035, 460.310, 460.340, 460.990 and 705.145; and repealing
ORS 460.320, 460.330, 460.345, 460.350, 460.352, 460.355,
460.360 and 460.370.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2013 Act are added to
and made a part of ORS 460.310 to 460.370. + }
SECTION 2. { + A person who engages in the occupation of
inspecting amusement rides, amusement devices or rental amusement
devices must meet and maintain professional qualifications as
established by the Department of Consumer and Business Services
by rule. The qualifications established by the department may
include, but need not be limited to, active certification of the
person as an inspector by an amusement industry organization. + }
SECTION 3. { + (1) An owner of an amusement ride, amusement
device or rental amusement device may not operate, or allow
another to operate, the ride or device without first having
obtained insurance from a company authorized to transact
insurance in this state or an eligible surplus lines insurer as
defined in ORS 735.405. The insurance policy must insure the
public and all persons riding or otherwise in contact with the
ride or device against loss or injury, in an amount not less than
$1 million per occurrence and an aggregate total of not less than
$2 million.
(2) An owner of an amusement ride, amusement device or rental
amusement device may not allow the ride or device to be in
service unless the ride or device has been inspected by an
amusement ride inspector on or after the preceding December 15.
The inspector must be employed, or otherwise be authorized to
inspect the ride or device, by the insurance carrier insuring the
ride or device. The inspector shall note any restrictions and
conditions that, in the inspector's judgment, should be imposed
upon the operation of the ride or device to protect human life
and property. In addition, the inspector shall indicate whether
the ride or device:
(a) Meets the insurance carrier's standards;
(b) Meets safety standards approved by the American Society for
Testing and Materials; and
(c) Is assembled and operated in compliance with the manual
supplied by the manufacturer of the ride or device.
(3) If an insurance carrier notifies the insured that the
insurance carrier will no longer insure an amusement ride,
amusement device or rental amusement device, or that insurance on
a ride or device is no longer in force, the owner shall
immediately remove the ride or device from service. The owner may
not return the ride or device to service unless the ride or
device is inspected and insurance coverage for the ride or device
is obtained as required by subsection (1) of this section.
(4) An owner shall keep records demonstrating that the owner
has complied with insurance coverage and annual inspection
requirements for the amusement ride, amusement device or rental
amusement device. The owner shall make the records available for
public inspection during reasonable business hours. The owner
shall provide copies of the records to the Department of Consumer
and Business Services upon request of the department. + }
SECTION 4. { + (1) The Department of Consumer and Business
Services may adopt rules for the administration and enforcement
of ORS 460.310 to 460.370. In adopting rules under this section,
the department shall consider:
(a) Safety standards followed, proposed or approved by
responsible members of the amusement ride industry and by the
American Society for Testing and Materials.
(b) The practicability of following the standards under
consideration, if adopted.
(c) Technological advances in the amusement ride industry.
(d) The probability, extent and gravity of the injury to the
public or property that would result from failure to follow the
standards under consideration.
(2) Rules adopted under subsection (1) of this section may
include rules to:
(a) Subject a game, device or associated structure otherwise
excluded under ORS 460.310 (1)(b), or any other item commercially
used to convey persons for purposes of amusement, to regulation
as an amusement device;
(b) Exempt a structure, contrivance or combination of
structures and contrivances described in ORS 460.310 (1)(a) from
regulation as an amusement device;
(c) Subject a device, structure or equipment not described in
ORS 460.310 (8), or any other item that is commercially rented
and used to convey people for amusement purposes, to regulation
as a rental amusement device; or
(d) Exempt a device, structure or equipment described in ORS
460.310 (8) from regulation as a rental amusement device.
(3) The owner of equipment described in ORS 460.310 (2)(a)(B)
is not a common carrier. Subject to ORS 30.970 to 30.990, the
owner of the equipment must exercise the highest degree of care
to ensure the safety of persons using the equipment. If the
department finds that the United States Forest Service or other
agency of government has jurisdiction over, and regulates and
provides inspection of, equipment described in ORS 460.310
(2)(a)(B) under safety standards adopted by the service or other
agency that are not lower than standards adopted by the
department by rule, the department may not apply the department's
standards to the equipment. + }
SECTION 5. { + (1) An owner of an amusement ride, amusement
device or rental amusement device is strictly liable for damages
caused by the ride or device being operated in a manner that
violates:
(a) A provision of ORS 460.310 to 460.370;
(b) A rule adopted under ORS 460.310 to 460.370; or
(c) A restriction or condition on operation of the ride or
device that is imposed by the insurance carrier to protect human
life and property.
(2) Subsection (1) of this section does not apply to damages
caused by a rental amusement device due to tampering or
alteration by the renter. This subsection does not affect any
other basis or standard for imposing liability on a rental
amusement device owner. + }
SECTION 6. ORS 460.310 is amended to read:
460.310. As used in ORS 460.310 to 460.370, unless the context
requires otherwise:
(1) 'Amusement { - devices' - } { + device,' except as
provided in section 4 (2) of this 2013 Act:
(a) + } Means a structure, electrical or mechanical contrivance
or combination { - thereof which - } { + of structures or
contrivances that + } is intended to supply revenue to the owner
{ - or operator - } of the device by providing or offering to
provide amusement, pleasures, thrills or excitement at carnivals,
fairs or amusement parks.
{ - ' Amusement device' - }
{ + (b) + } Does not { - include - } { + mean + } games,
concessions and associated structures.
(2) 'Amusement ride' { + :
(a) Except as provided in this subsection, + } means
{ - any - } { + a + } vehicle, boat or other mechanical device
{ - except 'water slides ' moving - } { + used to convey one
or more individuals for amusement, entertainment, diversion or
recreation + }upon or within a flow perimeter or structure,
along cables, rails or ground, through the air by centrifugal
force or otherwise, or across water, { - that is used to convey
one or more individuals for amusement, entertainment, diversion
or recreation. The term 'amusement ride' includes, but is not
limited to - } { + such as the following + }:
{ - (a) - } { + (A) + } { - Rides - } { + A ride + }
commonly known as { - Ferris wheels, carousels, parachute
towers, bungee jumping, tunnels of love and roller coasters - }
{ + a Ferris wheel, carousel, parachute tower, bungee jump,
tunnel of love or roller coaster + }.
{ - (b) - } { + (B) + } Equipment generally associated with
winter sports activities, such as { - ski lifts, ski tows,
j-bars, t-bars, ski mobiles, chair lifts and aerial tramways - }
{ + a ski lift, ski tow, j-bar, t-bar, ski mobile, chair lift
or aerial tramway + }.
{ - (c) - } { + (C) A crane, lifting device or other type
of + } equipment not originally designed to be used as an
amusement ride, { - such as cranes or other lifting devices,
when used as part of an amusement ride or device - } { + if
used for amusement ride purposes or in conjunction with an
amusement device or rental amusement device + }.
{ + (D) Model railroad equipment.
(b) Does not mean:
(A) A water slide, a go-cart, playground equipment or a
coin-operated ride; or
(B) A privately owned ride located on private property, if the
ride is open only to selectively admitted or specifically invited
individuals who do not pay a fee or other charge for access to or
use of the ride. + }
(3) 'Amusement ride inspector' means an employee or
representative of a casualty insurance company or companies who
is qualified and regularly employed { + by + } or otherwise
authorized by the insurance company to inspect amusement
rides { + , amusement devices + } and { + rental amusement
+ }devices for safety.
(4) 'Department' means the Department of Consumer and Business
Services.
(5) 'Director' means the Director of the Department of Consumer
and Business Services.
{ + (6) 'Inflatable device or structure' means an
air-supported amusement attraction that:
(a) Incorporates a structure and mechanical system; and
(b) Uses a high-strength fabric or film that achieves strength,
shape and stability by tensioning from internal air pressure.
(7) 'Owner' means:
(a) A proprietor, managing partner, corporate officer or other
person having directional control over a business, partnership,
corporation or other entity engaged in the amusement ride,
amusement device or rental amusement device industry;
(b) A lessee of an amusement ride or amusement device; or
(c) A lessor of a rental amusement device.
(8) 'Rental amusement device,' except as provided in section 4
(2) of this 2013 Act, means an inflatable device or structure or
a portable rock wall, and any equipment associated with the
device, structure or wall, that the owner makes available for
rental by consumers. + }
{ - (6) - } { + (9) + } 'Water slide' means a recreational
device designed to provide a descending ride on a flowing water
film into a splash down pool at the base of the slide.
SECTION 7. ORS 460.310, as amended by section 6 of this 2013
Act, is amended to read:
460.310. As used in ORS 460.310 to 460.370, unless the context
requires otherwise:
(1) 'Amusement device,' except as provided in section 4 (2) of
this 2013 Act:
(a) Means a structure, electrical or mechanical contrivance or
combination of structures or contrivances that is intended to
supply revenue to the owner of the device by providing or
offering to provide amusement, pleasures, thrills or excitement
at carnivals, fairs or amusement parks.
(b) Does not mean games, concessions and associated structures.
(2) 'Amusement ride':
(a) Except as provided in this subsection, means a vehicle,
boat or other mechanical device used to convey one or more
individuals for amusement, entertainment, diversion or recreation
upon or within a flow perimeter or structure, along cables, rails
or ground, through the air by centrifugal force or otherwise, or
across water, such as the following:
(A) A ride commonly known as a Ferris wheel, carousel,
parachute tower, bungee jump, tunnel of love or roller coaster.
(B) Equipment generally associated with winter sports
activities, such as a ski lift, ski tow, j-bar, t-bar, ski
mobile, chair lift or aerial tramway.
(C) A crane, lifting device or other type of equipment not
originally designed to be used as an amusement ride, if used for
amusement ride purposes or in conjunction with an amusement
device or rental amusement device.
(D) Model railroad equipment.
(b) Does not mean:
(A) A water slide, a go-cart, playground equipment or a
coin-operated ride; or
(B) A privately owned ride located on private property, if the
ride is open only to selectively admitted or specifically invited
individuals who do not pay a fee or other charge for access to or
use of the ride.
(3) 'Amusement ride inspector' means an employee or
representative of a casualty insurance company or companies who
is qualified { + as described in section 2 of this 2013 Act
+ }and regularly employed by or otherwise authorized by the
insurance company to inspect amusement rides, amusement devices
and rental amusement devices for safety.
(4) 'Department' means the Department of Consumer and Business
Services.
(5) 'Director' means the Director of the Department of Consumer
and Business Services.
(6) 'Inflatable device or structure' means an air-supported
amusement attraction that:
(a) Incorporates a structure and mechanical system; and
(b) Uses a high-strength fabric or film that achieves strength,
shape and stability by tensioning from internal air pressure.
(7) 'Owner' means:
(a) A proprietor, managing partner, corporate officer or other
person having directional control over a business, partnership,
corporation or other entity engaged in the amusement ride,
amusement device or rental amusement device industry;
(b) A lessee of an amusement ride or amusement device; or
(c) A lessor of a rental amusement device.
(8) 'Rental amusement device,' except as provided in section 4
(2) of this 2013 Act, means an inflatable device or structure or
a portable rock wall, and any equipment associated with the
device, structure or wall, that the owner makes available for
rental by consumers.
(9) 'Water slide' means a recreational device designed to
provide a descending ride on a flowing water film into a splash
down pool at the base of the slide.
SECTION 8. ORS 460.340 is amended to read:
460.340. { + (1) + } { - Permits issued under ORS 460.330
are valid until - } { + An annual inspection performed under
section 3 of this 2013 Act becomes invalid if + } the amusement
ride { + , amusement device + } or { + rental amusement
+ }device is materially rebuilt or materially modified so as to
change the original action of the { - said amusement - } ride
or device { + . The owner of a ride or device described in this
subsection must obtain a new inspection prior to returning the
ride or device to service. + } { - , but in no case for longer
than one year after the date of issuance as follows: - }
{ - (1) If an amusement ride or device is altered so as to
change the original action of the said amusement ride or device,
such amusement ride or device shall be subject to a new
inspection and shall apply for a new permit under ORS
460.330. - }
(2) If an amusement ride { + , amusement device + } or
{ + rental amusement + }device is moved and installed in
another place but is not altered so as to change the original
action of the { - said amusement ride or device, no new permit
shall be required; provided, however, a permit has been issued
previously under ORS 460.330 and has not been operative for
longer than a one-year period - } { + ride or device, the
movement and installation does not invalidate the annual
inspection performed on the ride or device + }.
SECTION 9. ORS 460.990 is amended to read:
460.990. (1) Violation of any of the provisions of ORS 460.005
to 460.175 is a Class C misdemeanor.
(2) Violation of any { + of the + }provisions of ORS 460.310
to 460.370 { + or rules adopted under ORS 460.310 to 460.370
+ }is a Class B misdemeanor.
SECTION 10. ORS 455.010 is amended to read:
455.010. As used in this chapter, unless the context requires
otherwise:
(1)(a) 'Advisory board' means the board with responsibility for
assisting in the adoption, amendment or administration of a
specialty code, specifically:
(A) The Building Codes Structures Board established under ORS
455.132;
(B) The Electrical and Elevator Board established under ORS
455.138;
(C) The State Plumbing Board established under ORS 693.115;
(D) The Board of Boiler Rules established under ORS 480.535;
(E) The Residential and Manufactured Structures Board
established under ORS 455.135;
(F) The Mechanical Board established under ORS 455.140; or
(G) The Construction Industry Energy Board established under
ORS 455.492.
(b) 'Appropriate advisory board' means the advisory board that
has jurisdiction over a particular code, standard, license,
certification or matter.
(2) 'Department' means the Department of Consumer and Business
Services.
(3) 'Director' means the Director of the Department of Consumer
and Business Services.
(4) 'Low-Rise Residential Dwelling Code' means the adopted
specialty code prescribing standards for the construction of
residential dwellings that are three stories or less above grade
and have an exterior door for each dwelling unit, but are not
facilities or homes described in ORS 443.400 or transient
lodging.
(5) 'Municipality' means a city, county or other unit of local
government otherwise authorized by law to administer a building
code.
(6) 'Prefabricated structure' means a building or subassembly
that has been in whole or substantial part manufactured or
assembled using closed construction at an off-site location to be
wholly or partially assembled on-site. ' Prefabricated
structure' does not include a manufactured dwelling, recreational
structure or recreational vehicle, as those terms are defined in
ORS 446.003.
(7) 'Specialty code' means a code of regulations adopted under
ORS 446.062, 446.185, 447.020 (2), 455.020 (2), 455.496, 455.610,
455.680, 460.085, { - 460.360, - } 479.730 (1) or 480.545 { +
or section 4 of this 2013 Act + }, but does not include
regulations adopted by the State Fire Marshal pursuant to ORS
chapter 476 or ORS 479.015 to 479.200 and 479.210 to 479.220.
(8) 'State building code' means the combined specialty codes.
(9) 'Structural code' means the specialty code prescribing
structural standards for building construction.
(10) 'Unsafe condition' means a condition caused by earthquake
which is determined by the department or any representative of
the department to be dangerous to life and property. 'Unsafe
condition' includes but is not limited to:
(a) Any portion, member or appurtenance of a building that has
become detached or dislodged or appears likely to fail or
collapse and thereby injure persons or damage property; or
(b) Any portion, of a building or structure that has been
damaged by earthquake, or by fire or explosion resulting from an
earthquake, to the extent that the structural strength or
stability of the building is substantially less than it was prior
to the earthquake.
SECTION 11. ORS 455.022 is amended to read:
455.022. All moneys deposited to the Consumer and Business
Services Fund that are derived pursuant to ORS 455.240 { - or
460.370 - } , or from state building code or specialty code
program fees for which the amounts are established by Department
of Consumer and Business Services rule pursuant to ORS 455.020
(2), are continuously appropriated to the department for carrying
out any of the duties, functions and powers of the department
under ORS 455.240 { - or 460.310 to 460.370 - } or under a
program for which a fee amount is established by department rule
pursuant to ORS 455.020 (2), without regard to the source of the
moneys.
SECTION 12. ORS 455.148 is amended to read:
455.148. (1)(a) A municipality that assumes the administration
and enforcement of a building inspection program shall administer
and enforce the program for all of the following:
(A) The state building code, as defined in ORS 455.010, except
as set forth in paragraph (b) of this subsection.
(B) Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230.
(C) Manufactured dwelling parks and mobile home parks under ORS
chapter 446.
(D) Park and camp programs regulated under ORS 455.680.
(E) Tourist facilities regulated under ORS 446.310 to 446.350.
(F) Manufactured dwelling alterations regulated under ORS
446.155.
(G) Manufactured structure accessory buildings and structures
under ORS 446.253.
(H) Boilers and pressure vessels described in rules adopted
under ORS 480.525 (5).
(b) A building inspection program of a municipality may not
include:
(A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 except those described in rules adopted under ORS 480.525
(5);
(B) Elevator programs under ORS 460.005 to 460.175;
(C) Amusement ride { + , amusement device or rental amusement
device + } regulation under ORS 460.310 to 460.370;
(D) Prefabricated structure regulation under ORS chapter 455;
(E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
(F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
or
(G) Review of plans and specifications as provided in ORS
455.685.
(2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
(3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program, who shall be known
as the building official. A building official shall, in the
municipality for which appointed, attend to all aspects of code
enforcement, including the issuance of all building permits. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building
inspection program within their communities.
(4)(a) By January 1 of the year preceding the expiration of the
four-year period described in subsection (2) of this section, the
governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if the
municipality is not a county, notify the county whether the
municipality will continue to administer and enforce the building
inspection program after expiration of the four-year period.
(b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
(5) If a city does not notify the director, or notifies the
director that it will not administer the building inspection
program, the county or counties in which the city is located
shall administer and enforce the county program within the city
in the same manner as the program is administered and enforced
outside the city, except as provided by subsection (6) of this
section.
(6) If a county does not notify the director, or notifies the
director that it will not administer and enforce a building
inspection program, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce a building
inspection program, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying the expenses thereof. A state employee may not be
displaced as a result of using contract personnel.
(7) The governing body of a municipality may commence
responsibility for the administration and enforcement of a
building inspection program beginning July 1 of any year by
notifying the director no later than January 1 of the same year
and obtaining the director's approval of an assumption plan as
described in subsection (11)(c) of this section.
(8) The department shall adopt rules to require the governing
body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan
with the notice required under subsection (4) or (7) of this
section. If the department is the governing body, the department
shall have a plan on file. The plan must specify how cooperation
with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction
phases of buildings or structures.
(9) A municipality that administers and enforces a building
inspection program pursuant to this section shall recognize and
accept the performances of state building code activities by
businesses and persons authorized under ORS 455.457 to perform
the activities as if the activities were performed by the
municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
(10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
(11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
that municipalities assume on or after January 1, 2002.
Regulation under this subsection shall include but not be limited
to:
(a) Creating building inspection program application and
amendment requirements and procedures;
(b) Granting or denying applications for building inspection
program authority and amendments;
(c) Requiring a municipality assuming a building inspection
program to submit with the notice given under subsection (7) of
this section an assumption plan that includes, at a minimum:
(A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
(B) Demonstration of the ability and intent to provide building
inspection program services for at least two years;
(C) An estimate of proposed permit revenue and program
operating expenses;
(D) Proposed staffing levels; and
(E) Proposed service levels;
(d) Reviewing procedures and program operations of
municipalities;
(e) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
(f) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
(g) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program
throughout a county, if another municipality is allowed to
provide a building inspection program within the same county; and
(h) Enforcing the requirements of this section.
(12) The department may assume administration of a building
inspection program:
(a) During the pendency of activities under ORS 455.770;
(b) If a municipality abandons or is no longer able to
administer the building inspection program; and
(c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
(13) A municipality that abandons or otherwise ceases to
administer a building inspection program that the municipality
assumed under this section may not resume the administration or
enforcement of the program for at least two years. The
municipality may resume the administration and enforcement of the
abandoned program only on July 1 of an odd-numbered year. Prior
to resuming the administration and enforcement of the program,
the municipality must follow the notification procedure set forth
in subsection (7) of this section.
SECTION 13. ORS 455.150 is amended to read:
455.150. (1) Except as provided in subsection (14) of this
section, a municipality that assumes the administration and
enforcement of a building inspection program prior to January 1,
2002, may administer and enforce all or part of a building
inspection program. A building inspection program:
(a) Is a program that includes the following:
(A) The state building code, as defined in ORS 455.010, except
as set forth in paragraph (b) of this subsection.
(B) Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230.
(C) Manufactured dwelling parks and mobile home parks under ORS
chapter 446.
(D) Park and camp programs regulated under ORS 455.680.
(E) Tourist facilities regulated under ORS 446.310 to 446.350.
(F) Manufactured dwelling alterations regulated under ORS
446.155.
(G) Manufactured structure accessory buildings and structures
under ORS 446.253.
(H) Boilers and pressure vessels described in rules adopted
under ORS 480.525 (5).
(b) Is not a program that includes:
(A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 except those described in rules adopted under ORS 480.525
(5);
(B) Elevator programs under ORS 460.005 to 460.175;
(C) Amusement ride { + , amusement device or rental amusement
device + } regulation under ORS 460.310 to 460.370;
(D) Prefabricated structure regulation under ORS chapter 455;
(E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
(F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
and
(G) Review of plans and specifications as provided in ORS
455.685.
(2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
(3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program or parts thereof, who
shall be known as the building official. A building official
shall, in the municipality for which appointed, attend to all
aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the
appointment of a single building official for the purpose of
administering a building inspection program within their
communities.
(4)(a) By January 1 of the year preceding the expiration of the
four-year period described in subsection (2) of this section, the
governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if not a
county, notify the county whether the municipality will continue
to administer the building inspection program, or parts thereof,
after expiration of the four-year period. If parts of a building
inspection program are to be administered and enforced by a
municipality, the parts shall correspond to a classification
designated by the director as reasonable divisions of work.
(b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
(5) If a city does not notify the director, or notifies the
director that it will not administer certain specialty codes or
parts thereof under the building inspection program, the county
or counties in which the city is located shall administer and
enforce those codes or parts thereof within the city in the same
manner as it administers and enforces them outside the city,
except as provided by subsection (6) of this section.
(6) If a county does not notify the director, or notifies the
director that it will not administer and enforce certain
specialty codes or parts thereof under the building inspection
program, the director shall contract with a municipality or other
person or use such state employees or state agencies as are
necessary to administer and enforce those codes or parts thereof,
and permit or other fees arising therefrom shall be paid into the
Consumer and Business Services Fund created by ORS 705.145 and
credited to the account responsible for paying such expenses. A
state employee may not be displaced as a result of using contract
personnel.
(7) If a municipality administering a building inspection
program under this section seeks to administer additional parts
of a program, the municipality must comply with ORS 455.148,
including the requirement that the municipality administer and
enforce all aspects of the building inspection program.
Thereafter, the municipality is subject to ORS 455.148 and ceases
to be subject to this section.
(8) The department shall adopt rules to require the governing
body of each municipality to submit a written plan with the
notice required under subsection (4) of this section. If the
department is the governing body, the department shall have a
plan on file. The plan shall specify how cooperation with the
State Fire Marshal or a designee of the State Fire Marshal will
be achieved and how a uniform fire code will be considered in the
review process of the design and construction phases of buildings
or structures.
(9) A municipality that administers a code for which persons or
businesses are authorized under ORS 455.457 to perform activities
shall recognize and accept those activities as if performed by
the municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
(10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
(11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
of municipalities assumed prior to January 1, 2002. Regulation
under this subsection shall include but not be limited to:
(a) Creating building inspection program application and
amendment requirements and procedures;
(b) Granting or denying applications for building inspection
program authority and amendments;
(c) Reviewing procedures and program operations of
municipalities;
(d) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
(e) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
(f) Creating standards for determining 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 a county, if another municipality
is allowed to provide a building inspection program or part of a
program within the same county; and
(g) Enforcing the requirements of this section.
(12) The department may assume administration of a building
inspection program:
(a) During the pendency of activities under ORS 455.770;
(b) If a municipality abandons any part of the building
inspection program or is no longer able to administer the
building inspection program; and
(c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
(13) If a municipality abandons or otherwise ceases to
administer all or part of a building inspection program described
in this section, the municipality may not resume the
administration and enforcement of the abandoned program or part
of a program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program or
part of a program only on July 1 of an odd-numbered year. To
resume the administration and enforcement of the abandoned
program or part of a program, the municipality must comply with
ORS 455.148, including the requirement that the municipality
administer and enforce all aspects of the building inspection
program. Thereafter, the municipality is subject to ORS 455.148
and ceases to be subject to this section.
(14) A municipality that administers and enforces a building
inspection program under this section shall include in the
program the inspection of boilers and pressure vessels described
in subsection (1)(a)(H) of this section.
SECTION 14. ORS 455.230 is amended to read:
455.230. (1) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under this chapter, ORS 447.010 to 447.156,
447.992, 460.005 to 460.175, { - 460.310 to 460.370, - }
479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS chapter
693 hereby are appropriated continuously for and shall be used by
the director for the purpose of carrying out the duties and
responsibilities imposed upon the department under this chapter,
ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156,
447.992, 460.005 to 460.175, { - 460.310 to 460.370, - }
479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS
chapter 693.
(2) Except as otherwise provided by law, all moneys
appropriated or credited to the Consumer and Business Services
Fund and received under ORS 446.003 to 446.200, 446.210, 446.225
to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to
446.756 and 455.220 (1) hereby are appropriated continuously for
and shall be used by the director for the purpose of carrying out
the duties and responsibilities imposed upon the department under
ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to
446.420, 446.566 to 446.646 and 446.661 to 446.756, and education
and training programs pertaining thereto.
SECTION 15. ORS 460.035 is amended to read:
460.035. (1) Fees are not required under ORS 460.005 to 460.175
to install, alter, repair, operate or maintain an elevator:
(a) Under the supervision of the United States Government.
(b) That is a nonpower-driven lifting device.
(c) Located in a private residence, except for initial
installation.
(2) The owner or user of an elevator described in subsection
(1) of this section may request that the Department of Consumer
and Business Services inspect the elevator. If the department
performs the inspection, the department, notwithstanding
subsection (1) of this section, may collect the appropriate fee
for performing the inspection.
(3) Pipes installed in an elevator hoistway prior to July 1,
1961, that do not convey gases or liquids that would endanger
life if discharged into the hoistway need not be removed.
(4) ORS 460.005 to 460.175 do not apply to:
(a) Belt, bucket, scoop, roller or similar type material
conveyors.
(b) Hoists for raising or lowering materials and that are
provided with unguided hooks, slings and similar means for
attachment to the materials.
(c) Material hoists used only to raise and lower building
material in buildings under construction.
(d) Stackers that serve one floor only.
(e) Window-washing scaffolds.
(f) Nonpower-driven lifting devices.
(g) Amusement rides { + , amusement devices or rental amusement
devices + }.
(h) Mine elevators.
(i) Elevators under the supervision of the United States
Government.
(j) Elevators located in private residences, except for initial
installation permits and installation inspections.
(k) Other elevators and equipment as provided by the department
by rule.
SECTION 16. ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund to
be known as the Consumer and Business Services Fund, separate and
distinct from the General Fund. All moneys collected or received
by the Department of Consumer and Business Services, except
moneys collected pursuant to ORS 735.612 and those moneys
required to be paid into the Workers' Benefit Fund, shall be paid
into the State Treasury and credited to the Consumer and Business
Services Fund. Moneys in the fund may be invested in the same
manner as other state moneys and any interest earned shall be
credited to the fund.
(2) The department shall keep a record of all moneys deposited
in the Consumer and Business Services Fund that shall indicate,
by separate account, the source from which the moneys are
derived, the interest earned and the activity or program against
which any withdrawal is charged.
(3) If moneys credited to any one account are withdrawn,
transferred or otherwise used for purposes other than the program
or activity for which the account is established, interest shall
accrue on the amount withdrawn from the date of withdrawal and
until such funds are restored.
(4) Moneys in the fund are continuously appropriated to the
department for its administrative expenses and for its expenses
in carrying out its functions and duties under any provision of
law.
(5) Except as provided in ORS 705.165, it is the intention of
the Legislative Assembly that the performance of the various
duties and functions of the department in connection with each of
its programs shall be financed by the fees, assessments and
charges established and collected in connection with those
programs.
(6) There is created by transfer from the Consumer and Business
Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or
orders issued by the director or the Workers' Compensation Board
and drawn upon the State Treasury, to carry on the duties and
functions of the department and the board. All checks or orders
paid from the revolving account shall be reimbursed by a warrant
drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary
record.
(7) For the purposes of ORS chapter 656, the revolving account
created pursuant to subsection (6) of this section may also be
used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS
chapter 656.
(8) Notwithstanding subsections (2), (3) and (5) of this
section and except as provided in ORS 455.220 (1), the moneys
derived pursuant to ORS 446.003 to 446.200, 446.210, 446.225 to
446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to
446.756 and 455.220 (1) and deposited to the fund, interest
earned on those moneys and withdrawals of moneys for activities
or programs under ORS 446.003 to 446.200, 446.210, 446.225 to
446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to
446.756, or education and training programs pertaining thereto,
must be assigned to a single account within the fund.
(9) Notwithstanding subsections (2), (3) and (5) of this
section, the moneys derived pursuant to ORS 455.240 { - or
460.370 - } or from state building code or specialty code program
fees for which the amount is established by department rule
pursuant to ORS 455.020 (2) and deposited to the fund, interest
earned on those moneys and withdrawals of moneys for activities
or programs described under ORS 455.240 or 446.566 to 446.646,
446.661 to 446.756 and 460.310 to 460.370, structural or
mechanical specialty code programs or activities for which a fee
is collected under ORS 455.020 (2), or programs described under
subsection (10) of this section that provide training and
education for persons employed in producing, selling, installing,
delivering or inspecting manufactured structures or manufactured
dwelling parks or recreation parks, must be assigned to a single
account within the fund.
(10) Notwithstanding ORS 279.835 to 279.855 and ORS chapters
279A and 279B, the department may, after consultation with the
appropriate specialty code advisory boards established under ORS
455.132, 455.135, 455.138, 480.535 and 693.115, contract for
public or private parties to develop or provide training and
education programs relating to the state building code and
associated licensing or certification programs.
SECTION 17. { + ORS 460.320, 460.330, 460.345, 460.350,
460.352, 460.355, 460.360 and 460.370 are repealed. + }
SECTION 18. { + The Department of Consumer and Business
Services shall adopt initial rules establishing professional
qualifications as described in section 2 of this 2013 Act in time
for the rules to become effective no later than July 1, 2014. + }
SECTION 19. { + (1) Section 2 of this 2013 Act applies to
persons engaging in the inspection of amusement rides, amusement
devices or rental amusement devices on or after January 1, 2015.
(2) Section 5 of this 2013 Act applies to damages caused by the
operation of an amusement ride, amusement device or rental
amusement device on or after the effective date of this 2013
Act. + }
SECTION 20. { + The amendments to ORS 460.310 by section 7 of
this 2013 Act become operative on January 1, 2015. + }
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