Bill Text: OR SB609 | 2013 | Regular Session | Introduced
Bill Title: Relating to persons responsible for ensuring compliance with the state building code.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB609 Detail]
Download: Oregon-2013-SB609-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 3512
Senate Bill 609
Sponsored by Senator CLOSE
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.
Changes requirements for obtaining certification as building
official or building inspector.
A BILL FOR AN ACT
Relating to persons responsible for ensuring compliance with the
state building code; creating new provisions; and amending ORS
455.720, 455.725, 455.737 and 455.740 and section 2, chapter
593, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 455.720 is amended to read:
455.720. (1) In accordance with applicable provisions of ORS
chapter 183, to promote effective and uniform enforcement of the
state building code by improving the competence of building
officials and inspectors, the Director of the Department of
Consumer and Business Services, with the advice of the advisory
boards, shall:
(a) Establish for building officials and inspectors reasonable
minimum { + licensing, certification or + } training and
experience standards, including but not limited to courses or
subjects for instruction, facilities for instruction,
qualification of instructors and methods of instruction.
{ - The standards shall include provisions for determining a
practical experience equivalent. - }
(b) Establish a procedure to be used by municipalities to
determine whether a person meets minimum standards { - or has
minimum training - } to be appointed or employed as a building
official or inspector. { - The procedure shall allow for a
field examination of a person to determine if the person meets
the practical experience equivalent of a minimum standard. - }
(c) Subject to such terms, conditions and classifications as
the director may impose, certify building officials as being
qualified, and revoke such certifications in the manner provided
in ORS 455.740.
(d) Require an applicant for a certificate as a building
official or inspector to demonstrate knowledge of the laws
governing accessibility to buildings by persons with disabilities
by passing an examination prescribed by the director.
{ + (2) The minimum standards for certifying building
officials and inspectors under subsection (1) of this section
shall include, but need not be limited to, requirements that
inspections, administration and enforcement:
(a) Under the Electrical Safety Law be performed by a person
licensed in this state as a general journeyman electrician.
(b) Under the plumbing specialty code be performed by a person
licensed in this state as a journeyman plumber.
(c) Under the structural code be performed by a person
registered in this state as an architect or engineer or by a
person having four years or more of key employee experience as
described in ORS 701.050 (2) and (3).
(d) Under a specialty code that is not described in paragraphs
(a) to (c) of this subsection be performed by a person who has
completed a training course approved under ORS 455.725 pertaining
to that specialty code. + }
{ - (2) - } { + (3) + } The director shall maintain and,
upon request of municipalities, furnish information on applicants
for appointment or employment as building officials or
inspectors.
{ - (3) - } { + (4) + } Pursuant to ORS chapter 183, the
director shall adopt rules necessary to carry out the
certification programs provided by subsection (1) of this
section.
{ - (4) - } { + (5) + } The director, by rule, may require
evidence of completion of continuing education covering any
certification created under this section as a condition of
maintaining the certification. Nothing in this subsection shall
prohibit the director from delegating any of this power to a
municipality.
{ - (5) - } { + (6) + } The director, with the advice of
the appropriate advisory boards, may adopt rules for certifying
inspectors as being qualified to enforce one or more particular
specialty codes, subject to { + subsection (2) of this section
and + } any terms, conditions and classifications the director
may impose, and for revoking those certifications in the manner
provided in ORS 455.740.
SECTION 2. ORS 455.725 is amended to read:
455.725. (1) Upon application, the Director of the Department
of Consumer and Business Services or an authorized representative
shall examine and evaluate any program or facility established by
a municipality or educational institution for the training of
building officials, inspectors and specialty code inspectors and
plan reviewers licensed under ORS 455.457.
(2) If the director finds that a training program is qualified
under the minimum requirements established pursuant to ORS
455.720, the director shall, in writing, certify the training
program as being qualified for such a period of time and upon
such conditions as the director may prescribe. { + Except as
provided in ORS 455.720 (2), + } an individual complies with any
minimum requirement for building officials or inspectors
established pursuant to ORS 455.720 when the individual
satisfactorily completes a training program certified under this
section.
SECTION 3. ORS 455.737 is amended to read:
455.737. (1) Notwithstanding ORS 455.720 (1), the Director of
the Department of Consumer and Business Services, by rule, shall
adopt criteria for review of the experience and training in
building inspection and building plan review acquired by a person
outside the State of Oregon. The criteria shall be adopted in a
manner that facilitates review of a person's qualifications by a
local building official. { + The criteria shall require that the
person possess licensing, certification or training and
experience that is substantially equivalent to the licensing,
certification or training and experience required under ORS
455.720 to qualify an applicant for certification under ORS
455.735. + }
(2)(a) A local building official who wishes to employ a person
who is not certified under ORS 455.735 as an inspector shall
submit the person's qualifications to the director. The director
shall review the stated qualifications against the criteria
adopted under subsection (1) of this section, including
verification of experience and training. The director shall
respond to the local building official in writing within 10
working days of receiving the applicant's qualifications, stating
whether the person meets the applicable criteria.
(b) Upon application and payment of the required fee, the
director shall allow a person whose qualifications meet the
criteria adopted under subsection (1) of this section to sit for
any examination necessary for the required certification.
SECTION 4. ORS 455.740 is amended to read:
455.740. (1) Subject to ORS chapter 183, the Director of the
Department of Consumer and Business Services may deny, condition,
suspend, revoke or refuse to renew a certificate of a building
official or inspector if the director finds that the building
official or inspector has:
(a) Consistently failed to act in the public interest in the
performance of duties;
(b) Failed to complete the continuing education requirements as
required under ORS 455.720 { - (4) - } { + (5) + };
(c) Provided false information to the department; or
(d) Committed an act described in ORS 455.125 or 455.129.
(2) In any revocation proceeding under this section, the
municipality that employs the building official or inspector
shall be entitled to appear as a party in interest, either for or
against the revocation.
(3) When a certification is suspended or revoked under this
section, the director may also suspend, deny or place conditions
on that person's right to reapply for certification under ORS
455.735 for a period not to exceed 12 months.
(4) This section does not limit or otherwise affect the
authority of a municipality to dismiss or suspend a building
official or inspector at the discretion of the municipality.
(5) Notwithstanding the requirements of subsections (1) to (4)
of this section, the director may adopt rules that:
(a) Allow certifications to be placed on inactive status; and
(b) Extend continuing education compliance requirements in case
of illness or hardship.
SECTION 5. Section 2, chapter 593, Oregon Laws 2009, is amended
to read:
{ + Sec. 2. + } (1) The Director of the Department of
Consumer and Business Services, with the advice of the
appropriate advisory boards, may adopt rules establishing one or
more programs to train, qualify and certify an individual as a
specialized building inspector authorized to enforce portions of
specialty codes. Notwithstanding ORS 455.720 (1) and 455.725,
the rules may include, but need not be limited to, rules that
establish:
(a) Work experience, training and other qualifications for
program participation;
(b) Content and presentation requirements for training
programs;
(c) Methods for verifying the qualification of the individual
to enforce portions of specialty codes as a specialized building
inspector certified under this section;
(d) The portions of various specialty codes that each program
will enable a qualifying individual to enforce and any terms,
conditions or classifications applicable for that enforcement;
and
(e) Requirements the director believes reasonable for the
administration and enforcement of this section.
(2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725,
479.530, 479.810 and 479.855, the director may issue or cause to
be issued a certificate as a specialized building inspector to an
individual who successfully completes an approved training
program and satisfies qualification verification under this
section.
(3) An individual certified as a specialized building inspector
under this section may conduct inspections and enforce portions
of specialty codes under ORS 479.510 to 479.945 and 479.950 and
this chapter and ORS chapters 446, 447 and 693 as identified by
the director. The enforcement of portions of specialty codes by a
specialized building inspector is subject to any terms,
conditions or classifications applicable to that enforcement
established { + under subsection (4) of this section or + } by
the director by rule.
{ + (4) An individual certified as a specialized building
inspector under this section:
(a) Who conducts any inspection or enforcement under the
Electrical Safety Law must work under the supervision of a person
licensed in this state as a general journeyman electrician.
(b) Who conducts any inspection or enforcement under the
plumbing specialty code must work under the supervision of a
person licensed in this state as a journeyman plumber.
(c) Who conducts any inspection or enforcement under the
structural code must work under the supervision of a person
registered in this state as an architect or engineer or by a
person having four years or more of key employee experience as
described in ORS 701.050 (2) and (3).
(d) Who conducts any inspection or enforcement under a
specialty code that is not described in paragraphs (a) to (c) of
this section must work under the supervision of a person who has
completed a training course approved under ORS 455.725 pertaining
to that specialty code. + }
SECTION 6. { + (1) The amendments to ORS 455.720, 455.725 and
455.737 by sections 1 to 3 of this 2013 Act apply to persons
filing applications on or after the effective date of this 2013
Act for the issuance of initial certifications under ORS 455.735
as building officials or inspectors.
(2) The amendments to section 2, chapter 593, Oregon Laws 2009,
by section 5 of this 2013 Act apply to specialized building
inspectors performing work for which the inspector became
certified on or after the effective date of this 2013 Act. + }
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