Department of Consumer and Business Services, Building Codes Division, Chapter 918
Rule Caption: Exempts certain permit applications from plan review by a certified individual.
Adm. Order No.: BCD 9-2013
Filed with Sec. of State: 12-16-2013
Certified to be Effective: 1-1-14
Notice Publication Date: 10-1-2013
Rules Amended: 918-020-0090, 918-098-1010
Subject: This rule allows individuals employed by a municipality administering and enforcing a building inspection program to review and approve certain “simple permit” applications related to one- and two-family dwellings and plans made available under Senate Bill 582 (2013). These employees must utilize a division-approved checklist when reviewing a “simple permit” application. This rule does not create any new exemptions from review.
Rules Coordinator: Holly A. Tucker—(503) 378-5331
The division and every municipality that administers and enforces a building inspection program must establish and maintain the minimum standards, policies, and procedures set forth in this section.
(1) Administrative Standards. A building inspection program must:
(a) Provide adequate funds, equipment, and other resources necessary to administer and enforce the building inspection program in conformance with an approved operating plan;
(b) Document in writing the authority and responsibilities of the building official, plan reviewers, and inspectors based on an ordinance or resolution that authorizes the building official on behalf of the municipality to administer and enforce a building inspection program;
(c) Establish a local process to review appeals of technical and scientific determinations made by the building official regarding any provision of the specialty codes the municipality administers and enforces, to include a method to identify the local building official or designee and notify the aggrieved persons of the provisions of ORS 455.475;
(d) Account for all revenues collected and expenditures made relating to administration and enforcement of the building inspection program, and account for the electrical program revenues and expenditures separately when administered by the municipality.
(A) Prepare income and expense projections for each code program it will administer and enforce during the reporting period; and
(B) Describe how general administrative overhead costs and losses or surpluses, if any, will be allocated.
(e) Establish policies and procedures for the retention and retrieval of records relating to the administration and enforcement of the specialty codes it administers and enforces;
(f) Make its operating plan available to the public;
(g) Establish a process to receive public inquiries, comments, and complaints;
(h) Adopt a process to receive and respond to customers’ questions regarding permitting, plan review, and inspections;
(i) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will receive and respond to customers’ questions;
(j) Post its jurisdictional boundary, types of permits sold and hours of operation at each permit office it operates; and
(k) Identify all persons in addition to the building official to whom notices issued pursuant to these rules should be sent.
(2) Permitting Standards. A building inspection program must:
(a) Provide at least one office within its jurisdictional boundary where permits may be purchased;
(b) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will make permits available for purchase;
(c) Establish policies and procedures for receiving permit applications, determining whether permit applications are complete and notifying applicants what information, if any, is required to complete an application;
(d) Set reasonable time periods within which the municipality will:
(A) Advise permit applicants whether an application is complete or requires additional information; and
(B) Generally issue a permit after an application has been submitted and approved.
(e) Establish policies and procedure for issuing permits not requiring plan review, emergency permits, temporary permits, master permits, and minor labels;
(f) Provide a means to receive permit applications via facsimile; and
(g) Require proof of licensing, registration, and certification of any person who proposes to engage in any activity regulated by ORS chapters 446, 447, 455, 479, 693, and 701 prior to issuing any permit.
(3) Plan Review Standards. A building inspection program must:
(a) Establish policies and procedures for its plan review process to:
(A) Assure compliance with the specialty codes it is responsible for administering and enforcing, including any current interpretive rulings adopted pursuant to ORS 455.060 or 455.475;
(B) Make available checklists or other materials at each permitting office it operates that reasonably apprises persons of the information required to constitute a complete permit application or set of plans;
(C) Inform applicants within three working days of receiving an application, whether or not the application is complete and if it is for a simple residential plan. For the purposes of this rule and ORS 455.467, a “complete application” is defined by the division, taking into consideration the regional procedures in OAR chapter 918, division 50. If deemed a simple residential plan, the jurisdiction must also inform the applicant of the time period in which the plan review will generally be completed;
(D) Establish a process that includes phased permitting and deferred submittals for plan review of commercial projects for all assumed specialty codes, taking into consideration the regional procedures in OAR chapter 918, division 50. The process may not allow a project to proceed beyond the level of approval authorized by the building official. The process must:
(i) Require the building official to issue permits in accordance with the state building code as defined in ORS 455.010 provided that adequate information and detailed statements have been submitted and approved with pertinent requirements of the appropriate code. Permits may include, but not be limited to: excavation, shoring, grading and site utilities, construction of foundations, structural frame, shell, or any other part of a building or structure.
(ii) Allow deferred submittals to be permitted within each phase with the approval of the building official; and
(iii) Require the applicant to be notified of the estimated timelines for phased plan reviews and that the applicant is proceeding without assurance that a permit for the entire structure will be granted when a phased permit is issued.
(E) Verify that all plans have been stamped by a registered design professional and licensed plan reviewer where required;
(F) Verify for those architects and engineers requesting the use of alternative one and two family dwelling plan review program that all plans have been stamped by a registered professional who is also a residential plans examiner. This process must require the building official to:
(i) Establish policies and procedures in their operating plan for this process;
(ii) Waive building inspection program plan review requirements for conventional light frame construction for detached one and two family dwellings; and
(iii) Establish an appropriate fee for processing plans submitted under this rule.
(G) Establish a process for plan review if non-certified individuals review permit applications under OAR 918-098-1010.
(b) Employ or contract with a person licensed, registered, or certified to provide consultation and advice on plan reviews as deemed necessary by the building official based on the complexity and scope of its customers’ needs;
(c) Maintain a list of all persons it employs or contracts with to provide plan review services including licenses, registrations, and certifications held by each plan reviewer and evidence of compliance with all applicable statutory or professional continuing education requirements;
(d) Designate at least three licensed plan reviewers from whom the municipality will accept plan reviews when the time periods in subsection (e) of this section cannot be met; and
(e) Allow an applicant to use a plan reviewer licensed under OAR 918-090-0210 and approved by the building official when the time period for review of “simple one- or two-family dwelling plans” exceeds 10 days where the population served is less than 300,000, or 15 days where the population served is 300,000 or greater.
(4) For the purposes of these rules, “simple one- or two-family dwelling plans” must:
(a) Comply with the requirements for prescriptive construction under the Oregon Residential Specialty Code; or
(b) Comply with the Oregon Manufactured Dwelling Installation Specialty Code and the requirements in OAR chapter 918, division 500; and
(c) Be a structure of three stories or less with an enclosed total floor space of 4,500 square feet or less, inclusive of multiple stories and garage(s).
(5) “Simple one- or two-family dwelling plans” may:
(a) Include pre-engineered systems listed and approved by nationally accredited agencies in accordance with the appropriate specialty code, or by state interpretive rulings approved by the appropriate specialty board, that require no additional analysis; and
(b) Be designed by an architect or engineer and be considered a simple one- and two-family dwelling if all other criteria in this rule are met.
(6) The following are considered “simple one- or two-family dwelling plans”:
(a) Master plans approved by the division or municipality or under ORS 455.685, which require no additional analysis; and
(b) Plans that include an engineering soil report if the report allows prescriptive building construction and requires no special systems or additional analysis.
(7) A plan that does not meet the definition of “simple” in this rule is deemed “complex”. In order to provide timely customer service, a building official may accept a plan review performed by a licensed plan reviewer for a complex one- or two-family dwelling.
(8) Inspection Standards. A building inspection program must:
(a) Set reasonable time periods between 7 a.m. and 6 p.m. on days its permit office is open, weekends and holidays excluded, when it will provide inspection services or alternative inspection schedules agreed to by the municipality and permittee;
(b) Unless otherwise specified by statute or specialty code, establish reasonable time periods when inspection services will be provided following requests for inspections;
(c) Establish policies and procedures for inspection services;
(d) Leave a written copy of the inspection report on site;
(e) Make available any inspection checklists;
(f) Maintain a list of all persons it employs or contracts with to provide inspection services including licenses, registrations, and certifications held by persons performing inspection services and evidence of compliance with all applicable statutory or professional continuing education requirements;
(g) Vest the building official with authority to issue stop work orders for failure to comply with the specialty codes the municipality is responsible for administering and enforcing; and
(h) Require inspectors to perform license enforcement inspections as part of routine installation inspections.
(i) Where a municipality investigates and enforces violations under ORS 455.156 or in accordance with the municipality’s local compliance program, the municipality’s inspectors must require proof of compliance with the licensing, permitting, registration, and certification requirements of persons engaged in any activity regulated by ORS Chapters 446, 447, 455, 479, 693, and 701. Inspectors must report any violation of a licensing, permitting, registration, or certification requirement to the appropriate enforcement agency.
(9) Compliance Programs. A municipality administering a building inspection program may enact local regulations to create its own enforcement program with local procedures and penalties; utilize the division’s compliance program by submitting compliance reports to the division; elect to act as an agent of a division board pursuant to ORS 455.156; or develop a program that may include, but not be limited to, a combination thereof. A building inspection program must establish in its operating plan:
(a) Procedures to respond to public complaints regarding work performed without a license or permit or in violation of the specialty codes the municipality is responsible for administering and enforcing;
(b) Procedures requiring proof of licensure for work being performed under the state building code utilizing the approved citation process and procedures in OAR 918-020-0091.
(c) Policies and procedures to implement their compliance program;
(d) Policies and procedures regarding investigation of complaints, where the municipality chooses to investigate and enforce violations pursuant to ORS 455.156; and
(e) Policies and procedures regarding issuance of notices of proposed assessments of civil penalties, where the municipality chooses to act as an agent of a board pursuant to ORS 455.156. Penalties under such a program are subject to the limitations set in 455.156 and 455.895.
(10) Electrical Programs. Municipalities that administer and enforce an electrical program must demonstrate compliance with all applicable electrical rules adopted pursuant to ORS 479.855.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.030, 455.467, 455.469, 455.156 & 2013 OL Ch. 528
Stats. Implemented: ORS 455.150, 455.467, 455.469, 455.156 & 2013 OL Ch. 528
Hist.: BCD 9-1996, f. 7-1-96, cert. ef. 10-1-96; BCD 14-1998, f. 9-30-98, cert. ef. 10-1-98; BCD 11-2000, f. 6-23-00, cert. ef. 7-1-00; BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02; BCD 16-2002, f. & cert. ef. 7-1-02; BCD 27-2002, f. & cert. ef. 10-1-02; BCD 6-2004, f. 5-21-04, cert. ef. 7-1-04; BCD 11-2004, f. 8-13-04, cert. ef. 10-1-04; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 31-2005, f. 12-30-05, cert. ef. 1-1-06; BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10; BCD 7-2013(Temp), f. 7-26-13, cert. ef. 8-1-13 thru 12-31-13; BCD 9-2013, f. 12-16-13, cert. ef. 1-1-14
(1) Unless otherwise stated in this rule, every person who performs building official duties, building code inspections, or plan reviews must possess a valid Oregon Inspector Certification and either:
(a) A valid appropriate Oregon Code Certification for the work being performed, or
(b) A valid appropriate International Code Council certification for the work being performed and the minimum level of experience as follows:
(A) Two years of construction or inspection-related experience or its equivalent;
(B) An approved one year inspection-related education program and one year of construction or inspection-related experience;
(C) A degree from an approved two year inspection-related education program or its equivalent; or
(D) Be a registered Oregon architect, a certified Oregon professional engineer, or have a Bachelor’s or Master’s degree in architecture or civil or structural engineering.
(2) Notwithstanding section (1)(b) of this rule, a person may perform the duties of a building official with only the Oregon Inspector Certification providing it is valid and the person passes the International Code Council Certified Building Official Legal Management examination within six months of hire.
(3) Plan review certification is not required for individuals reviewing one- and two-family dwelling permit applications for the following:
(a) First floor decks attached to a dwelling that:
(A) Extend not more than 12 feet from the dwelling but not closer than three feet to a property line;
(B) Are not more than 8 feet above grade;
(C) Will not exceed a 70 PSF live load and not a combined live and dead load of 80 PSF; and
(D) Are not in excess of a 2 horizontal 1 vertical ground slope.
(b) Car ports with a single slope that:
(A) Have a rafter span extending not more than 12 feet from a dwelling;
(B) Are attached to the dwelling for the full length not to exceed 30 feet;
(C) Have a maximum overhang of two feet that is not closer than three feet to a property line; and
(D) Will not exceed a combined 80 PSF live and dead load.
(c) Patio covers that:
(A) Have a single slope roof;
(B) Have a rafter span extending not more than 12 feet from the dwelling;
(C) Are attached to the dwelling the full length not to exceed 30 feet;
(D) Have a maximum overhang of two feet that is not closer than three feet to a property line; and
(E) Will not exceed a combined 80 PSF live and dead load.
(d) Fences not greater than 8 feet in height.
(e) Garage conversions as an accessory to a one- or two-family dwelling with no new cut openings in the existing wall.
(f) Window, door, or bathroom remodels where there are no load-bearing or lateral-bracing wall penetrations.
(g) Pole or manufactured steel structures with a maximum of 3,000 square feet that:
(A) Have a maximum 14-foot eave height;
(B) Are not closer than three feet to the property line and at least 6 feet from all other buildings on the same lot; and
(C) Fully engineered, including foundation where applicable.
(h) Mechanical equipment for the purposes of determining setback requirements have been met.
(4) Plan review certification is not required for individuals reviewing permit applications for buildings or structures that have plans and specifications provided by the department or a municipality under 2013 Oregon Laws Chapter 528 (2013 SB 582 Section 4).
(5) The building official is responsible for ensuring that persons performing permit reviews under this section utilize a division-approved checklist to perform reviews.
(6) The building official may determine based on unusual features, characteristics or other complicating circumstances that a certified individual must review a permit application.
(7) Where a jurisdiction routinely performs permit reviews for a type of project determined by the building official to be similar in complexity to the types of projects listed in sections (3) and (4) of this rule, the building official may submit a checklist to the division for approval. If approved, the jurisdiction may utilize the checklist in the same manner as section (5).
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.030, 455.055, 455.110, 455.720, 455.730 & 2013 OL Ch. 528
Stats. Implemented: ORS 455.030, 455.055, 455.110, 455.720, 455.730 & 2013 OL Ch. 528
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07; BCD 6-2010, f. 5-14-10, cert. ef. 7-1-10; BCD 7-2011, f. & cert. ef. 3-11-11; BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11; BCD 7-2013(Temp), f. 7-26-13, cert. ef. 8-1-13 thru 12-31-13; BCD 9-2013, f. 12-16-13, cert. ef. 1-1-14
Rule Caption: Creates additional requirements for municipality submitting a local amendment request.
Adm. Order No.: BCD 10-2013
Filed with Sec. of State: 12-16-2013
Certified to be Effective: 1-1-14
Notice Publication Date: 11-1-2013
Rules Amended: 918-020-0370
Rules Repealed: 918-020-0370(T)
Subject: Under the current rule, the division may approve requests from municipalities for ordinances that represent local amendments to the state building code. This rule creates new provisions for a local amendment request when a municipality submits their request to the Building Codes Division.
Rules Coordinator: Holly A. Tucker—(503) 378-5331
Local Amendment Requests
(1) A local municipality may request under ORS 455.040 a local amendment relating to matters covered under the building code, by submitting to the division, in writing, a local amendment application. The application must include:
(a) The reason for the request;
(b) The name of, and contact information for, the building official responsible for submitting the request and enforcing and interpreting the local amendment if approved;
(c) A copy of the municipality’s proposed local ordinance or administrative rule; and
(d) A copy of the report required by section (2)(b) of this rule.
(2) Prior to submitting a request for a local amendment under ORS 455.040, a municipality must:
(a) Provide for a public hearing or public meeting in the manner required by applicable municipal or state law; and
(b) Submit a report to the division. The report must:
(A) Summarize comments received;
(B) Outline the impacts of the local amendment;
(C) Explain how the municipality responded to the substantive concerns and issues raised during the public input period;
(D) Identify the financial or regulatory incentives provided by the municipality to businesses or contractors impacted by the local amendment request;
(E) Estimate the fiscal impact of the local amendment.
(i) If the proposed amendment impacts residential construction, identify the additional construction cost per square foot to develop a 6,000 square foot parcel and to construct a 1,200 square foot detached single family dwelling on that parcel; or
(ii) If the proposed amendment impacts commercial construction, identify the additional construction cost per square foot to develop a 20,000 square foot parcel and to construct a 10,000 square foot B or M occupancy type. If the proposed amendment does not impact B or M occupancy structures, then the local jurisdiction shall identify the structure type and provide similar construction cost information for the impacted type of structure to the extent it applies to the above parameters.
(F) Describe the stakeholder outreach, summarize groups communicated with and the result of that communication; and
(G) Identify any other communities the municipality discussed the proposed amendment with and whether a regional solution was considered.
(3) Local amendments shall not contain a severance clause. The content of the local amendment as interpreted and approved by the division represents the terms and conditions of the approval. Where one or more provisions are deemed invalid, the entire local amendment is invalidated.
(4) Once the local amendment request is received, the division will review the request and the municipality’s proposed amendment, and either approve the proposed local amendment in whole or in part, or deny the request. The division may approve the local amendment with conditions.
(5) Once the local amendment’s provisions are approved by the division they cannot be changed. If a municipality wishes to change the provisions, they must submit a new amendment request for the division’s approval.
(6) The building official for the municipality, identified in subsection (1)(b) of this rule, requesting the local amendment will be responsible for enforcing and interpreting the amendment once it is approved.
(7) The division may, upon written request, issue a directive to the building official to ensure that the local amendment is being administered according to the terms and conditions of the approval.
(8) A local amendment may be reviewed occasionally by the division to determine if it continues to be viable.
(9) The division reserves the right to terminate approval of the local amendment based on new information, including but not limited to, changes in technology, conflicts with model codes, changes in accepted practices under the applicable model codes, and failure of the building official to uphold the terms, conditions, or any directives related to the local amendment.
Stat. Auth. ORS 455.030
Stats. Implemented: ORS 455.040
Hist.: BCD 28-2008, f. 12-31-08, cert. ef. 1-1-09; BCD 8-2013(Temp), f. 9-27-13, cert. ef. 10-1-13 thru 3-30-14; BCD 10-2013, f. 12-16-13, cert. ef. 1-1-14
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