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Oregon Bulletin

May 1, 2014

Department of Consumer and Business Services, Building Codes Division, Chapter 918

Rule Caption: Lay representation in division contested case hearings

Adm. Order No.: BCD 4-2014

Filed with Sec. of State: 3-24-2014

Certified to be Effective: 3-24-14

Notice Publication Date: 3-1-2014

Rules Amended: 918-001-0025

Subject: This rule expands the division’s ability to use lay representation in contested case hearings based on violation types.

Rules Coordinator: Holly A. Tucker—(503) 378-5331

918-001-0025

Division Representation by Authorized Officer or Employee at Contested Case Hearings

(1) An employee of the Building Codes Division authorized by the Administrator may appear on behalf of the division, pursuant to ORS 183.452, at the following types of contested case hearings:

(a) Civil penalty hearings;

(b) Hearings held on appeals made to the division under ORS 479.853 by persons aggrieved by a decision made upon inspection authority under ORS 455.148 to 455.150 or 479.510 to 479.860 of an electrical product or electrical installation;

(c) License and certification denial hearings under ORS 455.117 and the rules adopted thereunder, and ORS 455.125 and 455.129; and

(d) License discipline hearings under ORS 455.125 or 455.129, for cases involving conditioning of a license or certification, or suspensions of up to one year.

(2) In all other contested case hearings officers or employees of the division may appear on behalf of the division only if prior written consent is obtained from the Attorney General or Deputy Attorney General.

(3) The administrative law judge shall not allow a division representative appearing under section (1) or (2) of this rule to present legal argument as defined in this rule.

(a) “Legal Argument” includes arguments on:

(A) The jurisdiction of the division to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to a division;

(C) The application of court precedent to the facts of the particular contested case proceeding.

(b) “Legal Argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the division in handling similar situations;

(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

(4) If the administrative law judge determines that statements or objections made by the division representative appearing under section (1) or (2) involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the division representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing.

Stat. Auth.: ORS 183.450

Stats. Implemented: ORS 183.452

Hist.: BCA 12-1989(Temp), f. & cert. ef. 5-5-89; BCA 21-1989, f. 7-19-89, cert. ef. 8-1-89; BCD 26-1996, f. & cert. ef. 12-4-96; BCD 4-2014, f. & cert. ef. 3-24-14


Rule Caption: Amends certification rules to implement HB 2698 (2013)

Adm. Order No.: BCD 5-2014

Filed with Sec. of State: 4-1-2014

Certified to be Effective: 4-1-14

Notice Publication Date: 3-1-2014

Rules Adopted: 918-098-1525

Rules Amended: 918-098-1000, 918-098-1005, 918-098-1010, 918-098-1015, 918-098-1210, 918-098-1215, 918-098-1450, 918-098-1470, 918-098-1500, 918-098-1550

Rules Repealed: 918-098-1030, 918-098-1560

Subject: These rules amend the division’s certification rules for implementing House Bill 2698 (2013). These rules create greater flexibility in the certification programs by modifying some of the scopes of certification and create regional approaches to provide greater flexibility for jurisdictions which will reduce the cost of administering and enforcing the state building code. These rules also modify the requirements to become a building official and change the continuing education requirements for building officials, inspectors and plans examiners.

Rules Coordinator: Holly A. Tucker—(503) 378-5331

918-098-1000

Purpose and Scope

(1) These rules establish minimum training, experience, certification, and certification renewal requirements for building officials and persons who perform specialty code plan review and inspections in this state.

(a) The certification requirements for commercial plumbing and electrical inspectors are located in OAR 918-695-0400 through 918-695-0410 and 918-281-0000 through 918-281-0020.

(b) Plan review and inspections required under the Oregon Reach Code are to be performed by individuals certified under these rules, OAR chapter 918, division 281, or chapter 918, division 695 to conduct plan review or inspections for the specialty code under which the particular Reach Code provision is regulated.

(2) Nothing in these rules is intended to allow a person to violate statute or rule or change certification and licensing requirements set forth in statute.

(3) Nothing in these rules prevents the director from waiving procedural requirements in the rare circumstance where substantial compliance is impracticable.

(4) Nothing in these rules prevents the director from pursuing actions under ORS 455.125, 455.127, 455.129, 455.740, 455.895, or these rules.

Stat. Auth.: ORS 455.500 & 455.720

Stats. Implemented: ORS 446.250, 455.500, 455.622 & 455.720

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 20-2011(Temp), f. & cert. ef. 7-12-11 thru 12-31-11; BCD 24-2011, f. 7-26-11, cert. ef. 10-1-11; BCD 34-2011, f. 12-30-11, cert. ef. 1-1-12; BCD 1-2013(Temp), f. 2-1-13, cert. ef. 2-2-13 thru 7-31-13; Administrative correction, 8-21-13; BCD 5-2014, f. & cert. ef. 4-1-14

918-098-1005

Definitions

As used in OAR chapter 918, division 098, unless the context requires otherwise:

(1) “A-level Structures” means structures regulated by the Oregon Structural Specialty Code that require a state fire and life safety plan review or are required to be designed by an Oregon licensed architect or engineer pursuant to ORS Chapter 671.

(2) “B-level Structures” means structures regulated by the Oregon Structural Specialty Code that do not require a state fire and life safety plan review and are not required to be designed by an Oregon licensed architect or engineer pursuant to ORS Chapter 671.

(3) “Building Inspection Technology” means an approved curriculum meeting the requirements of OAR 918-098-1420.

(4) “Code-Change Course” means a continuing education course that addresses changes to specialty codes, code standards, interpretations and alternate methods or administrative rules addressing code.

(5) “Commercial” means structures regulated by the Oregon Structural Specialty Code.

(6) “Cross-Training Program” means a division approved residential, electrical or plumbing inspector on-the-job cross-training program and practical evaluation, established by the building official of a local jurisdiction, that meets the minimum training and education requirements established by the division.

(7) “Design” means professional, engineering or technical design of systems or components that requires computations, research or special knowledge.

(8) “Division” means the Building Codes Division.

(9) “Education Institution” is an institution accredited through a nationally recognized body and is usually governed by a local board and receives a state recognition.

(10) “Education Program” is a minimum two-year, or one-year focused building inspection technology program administered by an education institution.

(11) “International Code Council certification” means a certification issued by the International Code Council demonstrating that an individual has passed a specific International Code Council certification examination.

(12) “Nationally Recognized Certification Body” means a body or organization that provides formal recognition that a person possesses minimum knowledge of a recognized code.

(13) “High Priority Training” means periodic continuing education training identified by the division that addresses new technologies or specific problem areas identified by the division.

(14) “Oregon Code Certification” means a certification issued by the division for:

(a) Building Official;

(b) Fire and Life Safety Plans Examiner;

(c) A-Level Structural Plans Examiner;

(d) B-Level Structural Plans Examiner;

(e) Residential or One-and-Two Family Dwelling Plans Examiner;

(f) Residential or One-and-Two Family Dwelling Structural Inspector;

(g) A-Level Structural Inspector;

(h) A-Level Mechanical Inspector;

(i) B-Level Structural Inspector;

(j) B-Level Mechanical Inspector;

(k) Residential or One-and-Two Family Dwelling Mechanical Inspector;

(l) Electrical Specialty Code Inspector;

(m) Residential or One-and-Two Family Dwelling Electrical Inspector;

(n) Plumbing Specialty Code Inspector;

(o) Residential or One-and-Two Family Dwelling Plumbing Inspector;

(p) Limited Plumbing Inspector – Building Sewers;

(q) Manufactured Structure Construction Inspector;

(r) Manufactured Structure Installation Inspector;

(s) Recreational Vehicle Inspector Certification; and

(t) Park and Camp Inspector.

(15) “Oregon Inspector Certification” means a certification issued by the division demonstrating that a person has passed a division-approved examination that covers Oregon laws and regulations relating to state building codes including, but not limited to, architectural barrier laws governing accessibility to buildings by disabled persons.

(16) “Practical Experience Evaluation” means a division-approved process that may include, but is not limited to field training or evaluation to determine the skill and knowledge of a person by the division for the purposes of certification.

(17) “Recognized Code” means a regulatory document enforced by one or more state or local governments that prescribes minimum standards for building materials and construction methods of buildings or structures and building service equipment including plumbing, mechanical and electrical systems.

(18) “Residential Structures” means a structure regulated by the “Low-Rise Residential Dwelling Code” as defined by ORS 455.010.

(19) “Specialized Inspector” means a person authorized to enforce all or portions of the specialty codes.

(20) “Year of Experience” means 2,000 hours of documented experience.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 455.715, 455.720, 455.723 & 455.732

Stats. Implemented: ORS 455.715, 455.720, 455.723 & 455.732

Hist.: BCA 16-1992, f. & cert. ef. 8-11-92; BCD 23-1996(Temp), f. & cert. ef. 10-21-96; BCD 8-1997, f. & cert. ef. 4-1-97; Renumbered from 918-099-0220; BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97; BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0010; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0010; 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 5-2014, f. & cert. ef. 4-1-14

918-098-1010

Certification Requirements

(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 provided the person:

(a) Has a valid Oregon Inspector Certification;

(b) Passes the International Code Council Certified Building Official Legal Management examination within six months of hire; and

(c) Completes a division-approved training course for building officials within six months of hire.

(3) If a certified building official is appointed by the municipality to perform duties as a building official on or after April 1, 2014, the person must complete a division-approved training course for building officials within six months of appointment.

(4) 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.

(5) 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 ORS 455.062.

(6) The building official is responsible for ensuring that persons performing permit reviews under this section utilize a division-approved checklist to perform reviews.

(7) The building official may determine based on unusual features, characteristics or other complicating circumstances that a certified individual must review a permit application.

(8) 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 (4) and (5) 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 (6).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 455.030, 455.055, 455.062, 455.110, 455.720 & 455.730

Stats. Implemented: ORS 455.030, 455.055, 455.062, 455.110, 455.720 & 455

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; BCD 5-2014, f. & cert. ef. 4-1-14

918-098-1015

Scope of Work Allowed for Persons with an Oregon Inspector Certification and Oregon Code Certifications

Persons who possess a valid Oregon Inspector Certification and a valid Oregon Code Certification may perform inspections and plan reviews based on the class designated on their certificate. The classes, other than electrical and plumbing inspector classifications found in OAR 918-281-0020 and 918-695-0400, are:

(1) Building Official. Persons certified as an Oregon Building Official may oversee jurisdictions’ administration and enforcement of the state building code for those specialty codes assumed by the jurisdiction pursuant to ORS 455.148 or 455.150. Building officials may not perform plan reviews or inspections unless they possess the appropriate certification for the plan review or inspection being performed.

(2) Fire and Life Safety. Persons certified as fire and life safety plans examiners may review construction plans for compliance with the fire and life safety plan review provisions of the Oregon Structural Specialty Code and the Oregon Fire Code for any structure regulated by the Oregon Structural Specialty Code.

(3) A-Level.

(a) Persons certified as A-level structural plans examiners may:

(A) Review construction plans for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code for all work regulated by the Oregon Structural Specialty Code, except the fire and life safety plan review provisions for structures required to receive a state fire and life safety plan review; and

(B) Review construction plans for work that falls within the B-level structural plans examiner classification.

(b) Persons certified as A-level structural inspectors:

(A) Conduct construction inspections of all work regulated by the Oregon Structural Specialty Code; and

(B) Conduct inspections of work that falls within the B-level structural inspector classification.

(c) Persons certified as A-level mechanical inspectors may:

(A) Conduct construction inspections and may review construction plans for all work regulated by the Oregon Mechanical Specialty Code; and

(B) Conduct inspections and review construction plans for work that falls within the B-level mechanical inspector classification.

(4) B-Level.

(a) Persons certified as B-level structural plans examiners may review construction plans for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code for work regulated by the Oregon Structural Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(b) Persons certified as B-level structural inspectors may conduct construction inspections of work regulated by the Oregon Structural Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(c) Persons certified as B-level mechanical inspectors may conduct construction inspections of work regulated by the Oregon Mechanical Specialty Code, except:

(A) Work in structures required to receive a state fire and life safety plan review; and

(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS chapter 671.

(d) Persons certified as B-level structural plans examiners, B-level structural inspectors, or B-level mechanical inspectors:

(A) May qualify to be certified to review construction plans or conduct inspections of structures regulated by the Oregon Residential Specialty Code; and

(B) May not be authorized to review construction plans or conduct inspections of structures that are outside the B-level classification without first obtaining the appropriate certification.

(5) One and two family dwelling or residential.

(a) Persons certified as one and two family dwelling or residential:

(A) Structural inspectors may conduct construction inspections of structural work regulated by the Oregon Residential Specialty Code, and manufactured structures and manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code, the provisions of OAR chapter 918, division 500, or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282.

(B) Mechanical inspectors may conduct inspections for mechanical work regulated by the Oregon Residential Specialty Code, and manufactured dwellings under the Oregon Manufactured Dwelling Installation Specialty Code, and the provisions of OAR chapter 918, division 500, or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282.

(C) Plumbing inspectors may conduct inspections for:

(i) Plumbing work regulated by the Oregon Residential Specialty Code, and the Oregon Manufactured Dwelling Installation Specialty Code, or the provisions of OAR chapter 918, division 500, or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(ii) Any portion of a solar water heating system installation up to 180 gallons of storage tank capacity.

(D) Electrical inspectors may conduct inspections for:

(i) Electrical work regulated by the Oregon Residential Specialty Code, and the Oregon Manufactured Dwelling Installation Specialty Code, or the provisions of OAR chapter 918, division 500, or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(ii) Any portion of a solar PV installation up to 25 Kw.

(b) Persons certified as a one-and-two family dwelling plans examiners may review construction plans for compliance with provisions of the Oregon Residential Specialty Code, and structures under the Oregon Manufactured Dwelling Installation Specialty Code. The provisions of OAR chapter 918, division 500, or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282.

(c) Persons certified as a one and two family dwelling or residential inspectors and plans examiners may not be authorized to review construction plans or conduct inspections of either A-level or B-level structures without the required commercial A-level or B-level certification.

(d) See OAR 918-098-1325 for additional requirements of one and two family dwelling residential inspectors and plans examiners performing manufactured dwelling alteration inspections or plan reviews.

(e) See OAR 918-098-1330 for additional requirements of one and two family dwelling residential inspectors performing manufactured structure accessory structure or accessory building inspections.

(6) Specialized Solar Photo-Voltaic. Persons certified as a Specialized Solar PV inspector may conduct inspections of the structural and electrical systems for solar PV installations up to 25 Kw that follow the “prescriptive installation” provisions in section 305.4 of the Oregon Solar Installation Specialty Code.

(7) Plumbing inspectors certified under OAR 918-695-0400 may, in addition to any other authority, inspect any portion of a solar water heating system installation up to 180 gallons of storage tank capacity. This rule does not apply to limited or special plumbing inspectors.

(8) Electrical inspectors certified under OAR 918-281-0020 may, in addition to any other authority, inspect any portion of a solar PV installation up to 25 Kw.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 455.720

Stats. Implemented: ORS 455.720

Hist.: DC 24-1978, f. & ef. 9-1-78; DC 10-1980, f. & ef. 9-10-80; DC 4-1983, f. & ef. 1-12-83; Renumbered from 814-003-0065; BCA 16-1992, f. & cert. ef. 8-11-92; BCD 8-1997, f. & cert. ef. 4-1-97; Renumbered from 918-099-0065; BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0060; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0060; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 13-2007, f. 12-28-07 cert. ef. 1-1-08; BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10; 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 5-2014, f. & cert. ef. 4-1-14

918-098-1210

Residential Plumbing Inspectors

(1) A person possessing an Oregon “One and Two Family Dwelling Plumbing Inspector” certification is considered a “Residential Plumbing Inspector” for the purpose of these rules.

(2) A person issued a residential plumbing inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential plumbing inspections.

(3) A residential plumbing inspector may conduct inspections for:

(a) Plumbing work regulated by the Oregon Residential Specialty Code, and where connection to the building is not a separate plumbing system;

(b) Plumbing work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code and the provisions of OAR chapter 918, division 500 or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(c) Any portion of a solar water heating system installation up to 180 gallons of storage tank capacity.

(4) To qualify to perform work as a residential plumbing inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education, or training requirements:

(a) A valid division certification as an Oregon Plumbing Specialty Code inspector; or

(b) Two years of experience designing or installing plumbing systems as a journeyman plumber or its equivalent; or

(c) 2 years of experience as a plumbing inspector in another jurisdiction inspecting plumbing systems in commercial or residential structures for compliance with a recognized code for plumbing installations; or

(d) 90 quarter hours or 60 semester hours education and training in mechanical engineering, which includes designing and installing plumbing systems, through a college or community college; or

(e) Valid division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code, and:

(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and

(B) Confirmation by the building official of the jurisdiction that employs the applicant that the applicant has completed a one and two family dwelling or residential plumbing inspector cross-training program that meets the minimum requirements established by the division.

(f) Any combination of experience designing, installing, or inspecting plumbing systems totaling 3 years.

(5) Persons certified by a nationally recognized certification body to inspect plumbing systems in commercial or residential structures according to a recognized code in plumbing installations may be granted 1 year of credit toward the experience requirements listed in subsections (4)(b) and (c) of this rule.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 455.720

Stats. Implemented: ORS 455.622

Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0220; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0220; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10; 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 5-2014, f. & cert. ef. 4-1-14

918-098-1215

Residential Electrical Inspectors

(1) A person possessing an Oregon “One and Two Family Dwelling Electrical Inspector” certification is considered a “Residential Electrical Inspector” for the purpose of these rules.

(2) A person issued a residential electrical inspector certification must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential electrical inspections.

(3) Residential electrical inspectors may conduct inspections for:

(a) Electrical work regulated by the Oregon Residential Specialty Code;

(b) Electrical work on manufactured dwellings, manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling Installation Specialty Code and the provisions of OAR chapter 918, division 500 or the Manufactured Home Construction and Safety Standards located in 24 CFR 3280 and 3282; and

(c) Any portion of a solar PV installation up to 25 Kw.

(4) To qualify to perform work as a residential electrical inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education, or training requirements:

(a) A valid division certification as an Oregon Electrical Specialty Code inspector; or

(b) 2 years of experience installing electrical systems as a limited residential journeyman electrician or a general journeyman electricians license or their respective equivalents; or

(c) 2 years of experience as an electrical inspector in another jurisdiction inspecting electrical installations in commercial or residential structures for compliance with a recognized code for electrical installations; or

(d) 90 quarter hours or 60 semester hours education and training in electrical engineering, which includes designing and installing electrical systems, through a college or community college; or

(e) Valid division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code, and:

(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and

(B) Confirmation by the division that an applicant has completed a one and two family dwelling or residential electrical inspector cross-training program that meets the minimum requirements established by the division.

(f) Any combination of experience or education listed in subsections (a) through (d) of this section designing, installing, or inspecting electrical systems totaling 3 years.

(5) Persons certified by a nationally recognized certification body to inspect electrical installations in commercial or residential structures according to a recognized code in electrical installations may be granted 1 year of credit toward the experience requirements and may be considered as meeting some requirements of a division approved cross-training program, except the experience listed in subsections (4)(b) and (c) of this rule.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 455.720

Stats. Implemented: ORS 455.622

Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0230; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0230; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10; 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 5-2014, f. & cert. ef. 4-1-14

918-098-1450

Continuing Education Requirements

(1) When the division determines that a code change requires training for individuals to maintain their Oregon Inspector Certification they must complete division-approved continuing education.

(2) Required continuing education courses are established by the division on a periodic basis. The division will provide notification of code change classes and other required classes through the division website. Persons certified under ORS Chapter 455 must take all continuing education in a timely manner in order to remain certified.

(3) Inspectors, including plans examiners, must complete a division-approved code change course related to the scope of work allowed under each certification and all other high priority training determined necessary by the division.

(4) Persons charged by a municipality with the responsibility for administration and enforcement of the state building code as the building official must complete a division-approved course covering administration and enforcement of a building inspection program and new legislation when required. Any person in an “acting” capacity to cover building official duties must also complete this course.

(5) The division may periodically verify that a person is maintaining and recording their continuing education.

Stat. Auth.: ORS 455.715, 455.720, 455.723 & 455.732

Stats. Implemented: ORS 455.715, 455.720, 455.723 & 455.732

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 19-2006, 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 5-2014, f. & cert. ef. 4-1-14

918-098-1470

Duties and Responsibilities of Certified Building Officials, Inspectors, and Plans Examiners

(1) Persons who hold an Oregon Inspector Certification or an Oregon Code Certification must act in the public interest in performing their duties as a building official, inspector, or plans examiner, including but not limited to:

(a) Obtaining and maintaining any appropriate national or Oregon Code Certification prior to performing their duties;

(b) Not performing any inspections or plan reviews without holding the appropriate valid certification for the inspection or plan review being performed;

(c) Completing all required continuing education requirements and maintaining records of completion of continuing education courses required for each national and Oregon certification sufficient to demonstrate compliance with OAR 918-098-1450;

(d) Enforcing all appropriate building code statutes, and rules adopted thereunder, including but not limited to specialty codes, including statewide code interpretations, directives, orders, or other building program requirements and allowing the use of alternate method rulings;

(e) Assisting the division in the course of investigations. Failure to provide information upon request may be considered a violation of an order by the Director or an advisory board and may result in action taken under ORS 455.740;

(f) Adhering to all applicable building code statutes and rules adopted thereunder; and

(g) Notifying the division of any changes of name or address in a manner prescribed by the division within 10 business days; and

(h) Implementing a division approved cross-training program for residential electrical inspectors, and residential plumbing inspectors under OAR 918-098-1410.

(2) After a code or code edition is adopted by the division, persons who hold an Oregon Inspector Certificate and hold the national certification for that specialty code must re-certify their national certification to the new code or code edition at the next available renewal cycle of the national certification. If an inspector re-certifies a national certification to the newest edition of the national code(s) before that code edition is adopted in Oregon, such re-certification shall be considered as a current national certification for the purposes of these rules.

(3) If an inspector fails to maintain or does not possess a current national certification, the inspector shall not perform inspections or plan review for that particular specialty code.

Stat. Auth.: ORS 455.720

Stats. Implemented: ORS 455.720

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 5-2014, f. & cert. ef. 4-1-14

918-098-1500

Building Official and Inspector Sanctions Process

(1) Failure to act in the public interest in the performance of their duties in accordance with ORS 455.740 shall include, but not be limited to:

(a) Providing or having knowledge of, false education, work experience or documentation being used to meet certification or continuing education requirements, or during the examination, using unauthorized notes, examinations or examination answers at an examination, copying from another, allowing another to copy or otherwise use unauthorized methods to gain an advantage or give another person an advantage during an examination;

(b) Failing to complete continuing education requirements;

(c) Permitting, allowing or performing plan reviews or inspections without proper certification;

(d) Engaging in a pattern that fails to enforce the specialty code, including statewide code interpretations, site-specific interpretations, directives or other building program requirements and failure to allow the use of alternate method rulings;

(e) After notification, engaging in a pattern of requiring construction or installations to exceed the requirements of the specialty codes, unless otherwise specified by the designer(s);

(f) Requiring an individual to approve structures or installations that do not comply with the specialty codes;

(g) Failing to properly perform inspections or plan reviews;

(h) Engages in unprofessional behavior; or

(i) Any other activity prejudicial to the administration and enforcement of the state building code.

(2) Upon a finding of a violation of section (1) of this rule, the director may, in accordance with the requirements of ORS Chapter 183, place conditions on a certification in lieu of suspension or revocation.

(3) In determining the appropriate sanction any applicable factors shall be taken into account, including, but not limited to:

(a) Prior history of violations;

(b) Extent to which corrective action was taken; and

(c) The element of risk or danger to any person caused by the violation.

(4) A person sanctioned under this rule may re-apply for a certification provided the person waits the specified time period as stated below:

(a) A minimum of one year from the date an application was denied;

(b) A minimum of one year from the date a final order was signed; or

(c) A date specified in a final order.

Stat. Auth.: ORS 455.740

Stat. Implemented.: ORS 455.740

Hist.: BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01; 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, Renumbered from 918-098-0500; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0500; BCD 5-2014, f. & cert. ef. 4-1-14

918-098-1525

ORS 455.732 Inspector Certifications

(1) A building official or a person seeking a certification under ORS 455.732 must submit a request to the division. A request may include, but is not limited to:

(a) Any relevant experience or training;

(b) Any relevant licenses or certifications, including those issued by a national organization or another state; and

(c) The scope of work the person is seeking to perform.

(2) The division may, after evaluation, issue a certification outlining the scope of work the person may perform and any limitations applicable to the certification. Limitations may include types of structures, geographical area, etc.

(3) The scope of a certification issued under this rule may be expanded upon further training and evaluation by the division.

(4) Evaluations performed for the purposes of issuing a certification under this rule may be performed by a team of professionals knowledgeable in the programs covered by the certification.

(5) A person issued a certification to perform inspections or plan reviews under this rule must obtain an Oregon Inspector Certification prior to performing any work authorized under this certification.

Stat. Auth.: ORS 455.720, 455.723, 455.732 & 455.735

Stats. Implemented: ORS 455.720, 455.723, 455.732 & 455.735

Hist.: BCD 5-2014, f. & cert. ef. 4-1-14

918-098-1550

Specialized Inspector Certification Issuance and Expiration

(1) Upon receiving proof of completion of all requirements listed in these rules, the division may issue the appropriate specialized inspector certification.

(2) The scope of a certification may be tailored to an individual’s knowledge level and skill as determined by the division through an independent evaluation, but may not exceed the scope of work allowed under the rules.

(3) A person holding a valid specialized inspector certification may only perform the duties authorized under that certification provided the person is employed or remains employed by a municipality or the division.

(4) All specialized certifications remain valid provided the holder maintains a current Oregon Inspector Certification. Should the holder fail to maintain a valid Oregon Inspector Certification, all certifications, including any specialized certification issued under this rule, become invalid and the holder may not conduct any inspections until the Oregon Inspector Certification is again valid.

Stat. Auth.: ORS 455.715, 455.720, 455.723, 455.730 & 455.735

Stats. Implemented: ORS 455.715, 455.720, 455.723, 455.730 & 455.735

Hist.: BCD 10-2011(Temp), f. 4-15-11, cert. ef. 5-1-11 thru 6-30-11; BCD 15-2011, f. 6-30-11, cert. ef. 7-1-11; BCD 13-2012(Temp), f. & cert. ef. 11-7-12 thru 5-6-13; BCD 18-2012, f. 12-27-12, cert. ef. 1-1-13; BCD 5-2014, f. & cert. ef. 4-1-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

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