Bill Text: OR HB3145 | 2013 | Regular Session | Introduced
Bill Title: Relating to application of the state building code to capital construction projects; declaring an emergency.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3145 Detail]
Download: Oregon-2013-HB3145-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 3282
House Bill 3145
Sponsored by COMMITTEE ON BUSINESS AND LABOR
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.
Makes legislative findings regarding merits of state agency
administration and enforcement of state building code for capital
construction projects receiving state-supplied funding. Reserves
administration and enforcement of state building code for capital
construction projects receiving or expected to receive more than
$1 million in state-supplied funding to Director of Department of
Consumer and Business Services. Applies to projects for which
building permit is sought on or after January 1, 2014.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to application of the state building code to capital
construction projects; creating new provisions; amending ORS
455.148 and 455.150; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2013 Act are added to
and made a part of ORS chapter 455. + }
SECTION 2. { + (1) As used in this section, 'capital
construction project' and 'state-supplied funding' have the
meaning given those terms in section 3 of this 2013 Act.
(2) The Legislative Assembly finds and declares:
(a) The state has a compelling interest in the effective
management of state-supplied funding provided for capital
construction projects;
(b) It is in the best interest of the state to ensure that
capital construction projects receiving state-supplied funding
proceed in a timely and efficient manner;
(c) It is appropriate that state government should oversee
capital construction projects that rely upon state financial
resources;
(d) The efficient coordination of capital construction project
requirements between multiple state agencies is best achieved at
the state level;
(e) Predictable administration of the state building code saves
time in carrying out capital construction projects and better
ensures the effective management of state-supplied funding; and
(f) A comprehensive and cost-efficient approach to state
building code administration should exist for use in state-funded
capital construction projects. + }
SECTION 3. { + (1) As used in this section:
(a) 'Capital construction project' means the erection, repair,
alteration, remodeling or demolition of any building or structure
that has an expected useful life in excess of one year.
(b) 'State-supplied funding' means funding provided from any
account or fund of the State Treasury, funding received by the
state from any public or private source as a gift, grant or
donation, proceeds from any tax, fee or charge imposed by or
authorized by the state, proceeds from bonds issued by a state
agency or moneys obtained by the issuance of any obligation
secured by the credit of the state.
(2) The Director of the Department of Consumer and Business
Services shall administer and enforce the state building code for
all capital construction projects that receive, or may reasonably
be expected to receive, more than $1 million in state-supplied
funding.
(3) The director may take all actions the director considers
necessary or expedient to ensure that a capital construction
project described in subsection (2) of this section proceeds in a
timely, consistent and efficient manner under the applicable
conditions and circumstances, including but not limited to:
(a) Notwithstanding ORS 455.148 (1)(b)(H) and 455.150
(1)(b)(H), entering into partnership agreements with public
bodies as defined in ORS 174.109;
(b) Adopting rules and establishing policies and procedures for
carrying out the duties, functions and powers of the director
under this section;
(c) Developing site-specific dispute resolution and
interpretations and rulings regarding state building code
requirements;
(d) Expediting the coordination of plan review, permitting and
inspection services; and
(e)(A) Establishing fees for services provided by the director;
or
(B) Utilizing other available sources of moneys to cover the
costs of providing plan review, permitting and inspection
services. + }
SECTION 4. 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 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 { - . - } { + ; or
(H) The administration or enforcement of state building code
provisions for a capital construction project described in
section 3 of this 2013 Act. + }
(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 5. 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 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 { - . - } { + ; and
(H) The administration or enforcement of state building code
provisions for a capital construction project described in
section 3 of this 2013 Act. + }
(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 6. { + Section 3 of this 2013 Act and the amendments
to ORS 455.148 and 455.150 by sections 4 and 5 of this 2013 Act
apply to capital construction projects for which a building
permit application is filed on or after January 1, 2014. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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