77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2698
Sponsored by Representative NATHANSON (at the request of
Association of Oregon Counties)
CHAPTER ................
AN ACT
Relating to the state building code; creating new provisions;
amending ORS 455.112, 455.715 and 455.735; and repealing
sections 3 and 10, chapter 593, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 455.715 to 455.740. + }
SECTION 2. { + (1) As used in this section, 'building code
administrative region' means a region established by the Director
of the Department of Consumer and Business Services under ORS
455.042 for the uniform administration of the state building
code.
(2) The authority of the director under ORS 455.720 and section
2, chapter 593, Oregon Laws 2009, to specify terms, conditions
and classifications for the certification of inspectors includes
the authority to certify an inspector to perform inspections
under multiple specialty codes or parts of a specialty code.
(3) The director may provide for an inspector who is likely to
be employed within a specific building code administrative region
to be certified to perform inspections throughout a building code
administrative region, whether within or outside of a
municipality. The director may recognize any training program
certified by the director under ORS 455.725 or section 2, chapter
593, Oregon Laws 2009, for purposes of certifying an inspector to
perform inspections throughout a building code administrative
region. This subsection does not require a municipality
administering and enforcing a building inspection program under
ORS 455.148 or 455.150 to allow an inspector certified under this
subsection who is not employed by the municipality to perform
building inspections on behalf of the municipality.
(4) In determining the appropriate experience, training or
other qualifications for an inspector under ORS 455.720 or
section 2, chapter 593, Oregon Laws 2009, the director shall
consult with the appropriate advisory boards. The factors to be
considered by the director may include, but need not be limited
to:
(a) Any factors specific to, or of particular relevance to, a
specialty code or to the types of buildings, structures, systems
or equipment in a geographic area that are inspected under the
specialty code;
(b) Staffing levels or other specific criteria for building
inspection programs established by a municipality where the
Enrolled House Bill 2698 (HB 2698-A) Page 1
inspector is likely to be employed or for building inspection
programs established by the director; and
(c) Any factors specific to, or of particular relevance to, the
building code administrative region within which the inspector is
likely to be employed.
(5) In determining the scope of certifications and
qualifications for an inspector, the director may utilize field
training equivalency, independent evaluations or other methods
the director deems appropriate. + }
SECTION 3. ORS 455.112 is amended to read:
455.112. Notwithstanding { - ORS 455.030 and 455.110 - }
{ + any other provision of this chapter + }, the Director of
the Department of Consumer and Business Services may initiate the
adoption of rules the director considers necessary to interpret,
harmonize, streamline, adjust, { + promote consistency within,
reduce confusion regarding, + } administer or enforce the state
building code { + or any requirement for a license,
registration, certification, endorsement or other authorization
to perform work related to the administration and enforcement of
the state building code + } when any provision of the state
building code { + or a requirement for authorization to perform
work + } is unclear, duplicative or in conflict with another or
when the code { + or a requirement for authorization to perform
work + }does not adequately address a project of a unique type
or scope. The director must obtain the approval of the
appropriate advisory boards prior to adopting a rule under this
section.
SECTION 4. ORS 455.715, as amended by section 6, chapter 593,
Oregon Laws 2009, is amended to read:
455.715. As used in ORS 455.715 to 455.740, unless the context
otherwise requires:
(1) 'Building official' means a person charged by a
municipality with responsibility for administration and
enforcement of the state building code in the municipality.
(2) 'Business of providing prefabricated structure plan
approvals and inspections' means an independent contractor
providing prefabricated structure plan approval or inspection
services, or both, under the following specialty codes, as
provided in ORS 455.020, 455.705 and 455.715:
(a) Structural;
(b) Mechanical;
(c) Plumbing;
(d) Electrical; and
(e) Low-rise residential dwelling.
(3) 'Inspector' means:
(a) A person, including a plans examiner, acting under the
authority and direction of a building official and charged with
the responsibility of routine enforcement of { - any specialty
code - } { + one or more specialty codes or parts of specialty
codes + }; { - or - }
(b) A person, including a plans examiner, who provides
enforcement of { - any specialty code, - } { + one or more
specialty codes or parts of specialty codes and + } who is
personally in the business of providing prefabricated structure
plan approvals or inspections or is employed by such a business
{ - . - } { + ;
(c) A specialized building inspector certified under section 2,
chapter 593, Oregon Laws 2009, who is employed by a municipality
or by the Department of Consumer and Business Services;
Enrolled House Bill 2698 (HB 2698-A) Page 2
(d) A person employed by a municipality or the department who
is certified under section 2 of this 2013 Act to perform
inspections under one or more specialty codes throughout a
building code administrative region; or
(e) A person designated by the Director of the Department of
Consumer and Business Services to ensure compliance with a
specialty code or with any requirement for a license,
registration, certification, endorsement or other authorization
to perform work related to the administration and enforcement of
the state building code. + }
SECTION 5. ORS 455.735, as amended by section 8, chapter 593,
Oregon Laws 2009, is amended to read:
455.735. (1) The Director of the Department of Consumer and
Business Services may issue certificates for building officials
and building inspectors under ORS 455.715 to 455.740.
(2) Any person desiring issuance of an initial certificate as a
building official or inspector shall make application to the
director upon such forms as the director may prescribe for such
purpose and pay an application fee.
(3) If the director requires, by rule, an applicant for a
particular certification to pass an examination prepared by a
national organization, the applicant shall pay in addition to the
fee required in subsection (2) of this section, the cost of the
examination. If the director requires an applicant for
certification to pass an examination administered by the
Department of Consumer and Business Services, the department may
charge the applicant an examination administration fee.
(4) Upon determining that the applicant is qualified under ORS
455.715 to 455.740, the director shall issue a certificate or
cause a certificate to be issued to the applicant.
(5) A certificate issued under this section shall be valid for
a term established by the department by rule. An applicant for
renewal of a certificate shall submit an application on a form
approved by the director and pay a renewal application fee.
(6) The department may adopt rules establishing certificate
renewal requirements and establishing reasonable fees under this
section.
{ + (7) The department may charge fees for participation in
training programs approved or established by the department under
ORS 455.220 or 455.715 to 455.740. + }
SECTION 6. { + Sections 3 and 10, chapter 593, Oregon Laws
2009, are repealed. + }
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Enrolled House Bill 2698 (HB 2698-A) Page 3
Passed by House April 2, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 6, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2698 (HB 2698-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2698 (HB 2698-A) Page 5