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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
BUILDING CODES DIVISION

 

DIVISION 1

PROCEDURAL RULES

918-001-0000

Notice of Proposed Rules

Before the adoption, amendment or repeal of any rule in OAR chapter 918, except temporary rules adopted under ORS 183.335, the Building Codes Division shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons and organizations on the division's mailing lists established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press; and

(b) The Capitol Press Room.

Stat. Auth.: ORS 455.110
Stats. Implemented: ORS 183.335
Hist.: BCA 20-1989, f. & cert. ef. 8-1-89; BCD 26-1996, f. & cert. ef. 12-4-96: BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04

918-001-0005

Definitions

As used in OAR Chapter 918, unless the context requires otherwise:

(1) "Administrator" means the Administrator of the Building Codes Division.

(2) "Department" means the Department of Consumer and Business Services.

(3) "Division" means the Building Codes Division.

(4) "Model Rules" means the Attorney General's Model Rules of Procedure as adopted in OAR 918-001-0010.

Stat. Auth.: ORS 455.110
Stats. Implemented: ORS 192.440
Hist.: BCA 20-1989, f. & cert. ef. 8-1-89; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98

918-001-0010

Model Rules of Procedure

The Director adopts by reference the Attorney General's Model Rules for rulemaking, OAR 137-001-0005 through 137-001-0100, effective January 1, 2012.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Building Codes Division.]

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.341
Hist.: BCA 20-1989, f. & cert. ef. 8-1-89; BCA 32-1993, f. 12-14-93, cert. ef. 1-1-94; BCD 12-1994, f. & cert. ef. 4-29-94; BCD 5-1996, f. & cert. ef. 3-29-96; BCD 8-1998, f. & cert. ef. 6-2-98; BCD 21-2000, f. & cert. ef. 9-19-00; BCD 32-2002, f. 12-20-02 cert. ef. 1-1-03; BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04; BCD 2-2006, f. & cert. ef. 2-13-06; BCD 7-2008, f. & cert. ef. 3-18-08; BCD 2-2013, f. 3-1-13, cert. ef. 4-1-13

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

 

918-001-0030

Authorized Non-Attorney Representation

The following are adopted as rules of procedure for the Building Codes Division, except a board with independent rulemaking authority adopts other procedural rules for itself.

(1) A party or limited party participating in a contested case hearing in which a corporation appears may be represented by an authorized representative of the party or limited party.

(2) On or before the first appearance in a contested case hearing by an authorized representative, the authorized representative must provide the presiding officer a letter from the party or limited party that authorizes the representative to appear on behalf of the party or limited party.

(3) The presiding officer may limit an authorized representative's presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The presiding officer shall not allow an authorized representative to present any legal argument.

(4) As used in this rule:

(a) "Authorized representative" means:

(A) A member of a partnership that is a party;

(B) A limited party in the contested case;

(C) An authorized officer or regular employee of a corporation, association or organized group that is a party or limited party in the contested case; or

(D) An authorized officer or employee of a governmental authority other than a state agency, that is a party or limited party in the contested case;

(b) "Legal argument" includes any argument on:

(A) The jurisdiction of the department or board to hear the contested case;

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

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

(c) Legal argument does not include presentation of evidence, examination and cross-examination of witnesses, presentation of factual arguments, or any argument on:

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

(B) Comparison of prior actions of the Department;

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

(D) The admissibility of evidence or the correctness of procedures being followed.

(5) When an authorized representative represents a party or limited party in a hearing, the presiding officer shall advise the representative of the manner in which objections may be made and the manner in which matters may be preserved for appeal. The advice is of a procedural nature and does not change applicable law on waiver or applicable law on the duty to make timely objection. When an objection may involve a legal argument, the presiding officer shall provide a reasonable opportunity for the authorized representative to consult legal counsel and shall permit the legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.

Stat. Auth.: 1999 OL, Ch. 599
Stats. Implemented: ORS 183.457
Hist.: BCD 16-1999(Temp), f. 10-15-99, cert. ef. 10-23-99 thru 4-19-00; BCD 4-2000, f. 3-9-99, cert. ef. 4-1-00

918-001-0031

Extension of Time Limits Created in Administrative Rules

(1) The Building Codes Division may extend specified time requirements stated in ORS chapter 183 if the person seeking the extension shows good cause for failing to meet the time requirement stated by the applicable rule. A request for an extension of any time requirement must be submitted in writing within a reasonable time.

(2) Definitions. For the purposes of subsection (1) of this rule:

(a) "Good cause" exists when the person seeking the extension establishes by satisfactory evidence that the cause of the failure to meet the time requirement stated by the applicable rule was beyond his or her reasonable control.

(b) "Reasonable time" means that the person acted promptly in filing the request for extension after the cessation of the circumstances that prevented him or her from meeting the time requirement stated by the applicable rule.

Stat. Auth.: ORS 183.415
Stats. Implemented: ORS 183.415
Hist.: BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04

918-001-0036

Guidelines for Civil Penalties

(1) Scope and Authority. This rule sets guidelines for assessing a civil penalty under ORS 446.995 & 455.895.

(2) Definitions. For the purposes of this rule:

(a) “Continuing offense” or “continuing violation” means violation of a code, rule or law on one or more additional days after having been notified of the violation or ordered to correct the act, or the failure to act. A continuing violation is subject to a civil penalty each day the violation continues after notification.

(b) A “directive” includes, but is not limited to, a notice or warning, citation, order, consent decree or settlement agreement, rule, law, code requirement, or agency interpretation.

(c) “Pattern of violation” means two or more prior violations during a five-year period of any provision of ORS Chapter 446, 447, 455, 460, 479, 480, or 693, or the state building code as defined in 455.010, whether or not a penalty was assessed. A pattern of violation is calculated within a five-year period from the date of the latest violation.

(3) A licensed person or contractor who performs an act resulting in an unsafe installation or a health and safety hazard, structural or financial damage, performs or allows another to perform work requiring a license without an appropriate license, violates a previous directive, or exhibits a pattern of violation may have their license, registration or certificate conditioned, suspended, or revoked.

(4) Civil penalties may be assessed by a board, the Director, or a board’s designee acting as agent for a board. A board or the Director may take into account any appropriate factors, including previous directives, in determining the penalty amount or conditions within an order. The statutorily defined maximum penalty may only be assessed upon a finding of a pattern of violation.

(5) Civil penalties may be assessed in addition to, or in lieu of, the conditioning, suspension, or revocation of a license, certificate of competency, or similar authority issued by the Director.

(6) The Director may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

(7) If a dispute concerning the application of the state building code as defined in ORS 455.010 is appealed to a local appeals board, to a board under 455.690 or to the program chief under 455.475:

(a) A civil penalty that is being appealed may be stayed until after resolution of the appeal or interpretation. If corrections are necessary, a civil penalty may be stayed for 30 calendar days or the time frame established in the appeal or in the interpretation process.

(b) An administrative appeal will not stay civil penalties when they were assessed for failure to obtain a permit unless the appeal involves determining whether a permit was necessary.

(c) The person seeking the appeal or interpretation has the obligation to notify the Director of the appeal for the purpose of granting a stay of the civil penalty.

(8) Violations of ORS Chapters 446, 447, and 479 and 455.020(2) and 455.610, wherein defects are noted by an inspector in an element of assembly or construction, shall not be considered a violation for the purposes of this section if the violation is corrected and an inspection request made in 20 calendar days unless extended in writing by the building official.

(9) The Building Codes Division shall forward a copy of final orders to the Construction Contractors Board.

Stat. Auth.: ORS 446.995 & 455.895
Stats. Implemented: ORS 446.995 & 455.895
Hist.: BCD 35-2002, f. 12-31-02, cert. ef. 1-1-03; BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 22-2008, f. 9-30-08, cert. ef. 10-1-08; BCD 9-2010(Temp), f. & cert. ef. 7-1-10 thru 9-30-10; BCD 12-2010, f. 9-15-10, cert. ef. 10-1-10

918-001-0040

Cheating on Examinations

(1) Scope. This rule applies to:

(a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules;

(b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and

(c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews.

(2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly:

(a) Provides untrue information regarding qualifications to take the examination;

(b) Uses unauthorized notes, devices or information during an examination;

(c) Copies from another or allows another to copy during an examination;

(d) Provides answers or assistance to another;

(e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or

(f) Without authority takes or copies examination questions or answers from the examination or storage site.

(3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied.

(4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183.

(5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination.

Stat. Auth.: ORS 446.395, ORS 455.110, ORS 479.630, ORS 479.730, ORS 480.565, ORS 480.630, ORS 670.100 & ORS 693.310
Stats. Implemented: ORS 446.395, ORS 455.110, ORS 479.630, ORS 479.730, ORS 480.565, ORS 480.630, ORS 670.100 & ORS 693.310
Hist.: BCD 14-1994, f. & cert. ef. 5-24-94; BCD 26-1996, f. & cert. ef. 12-4-96; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98; BCD 16-2000, f. 8-7-00, cert. ef. 10-1-00; BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01; BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02; BCD 29-2002, f. & cert. ef.10-1-02

918-001-0045

Land Use Goal Compliance and Comprehensive Plan Compatibility Procedures

(1) Activities Affecting Land Use: The division acting under ORS 197.180 identifies the following activities as having a potential to "affect land use" as defined in OAR 660-030-0005(2):

(a) The issuance of electrical permits under OAR chapter 918, division 309 and structural permits under OAR chapter 918, division 460 for new buildings, additions and changes of building use;

(b) The issuance of sewer and water service permits for new buildings, additions and changes of building use under OAR chapter 918, division 780;

(c) The issuance of manufactured dwelling set-up permits under OAR chapter 918, division 600;

(d) The issuance of a permit for construction or addition to a manufactured dwelling park under OAR chapter 918, division 600, recreational vehicle park or organizational camp under OAR chapter 918, division 650; and

(e) The issuance of permits for plumbing utilities hook-up or electrical hook-up for manufactured dwellings except in a manufactured dwelling park constructed under a OAR chapter 918, division 600 permit.

(2) State Agency Coordination Program. The Division has adopted a State Agency Coordination Program under which it requires verification that the construction activities involved in section (1) of this rule comply with statewide land use planning goals and are compatible with the comprehensive plans and regulations of the municipality having jurisdiction over the project. Sections (3) through (7) of this rule implement the plan.

(3) Condition Precedent For Permits: Before a permit is issued for any activity mentioned in section (1) of this rule, except for an electrical or a plumbing permit, the Division requires:

(a) Acknowledgment by the city or county planning agency on the Building Codes Division permit application that the project has final land use approval; or

(b) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction's comprehensive plan and does not require specific land use approval.

(4) Plumbing Permits: A sewer and water service permit for construction involving a new building, an addition or change in the use of a building, will not be issued unless the project already has or is granted at the same time a related structural, park construction or manufactured dwelling permit.

(5) Electrical Permits: When an electrical permit, including a temporary electrical permit is used for construction involving a new building, an addition or change in the use of a building is involved:

(a) The applicant for a permit may provide the type of land use verification required in section (3) of this rule at the time the permit is obtained; or

(b) Verification must be provided to the electrical inspector prior to or not later than ten calendar days after the first inspection. The inspector will require the contractor, owner of the project or primary user of the project to provide verification, with either:

(A) A related structural, park construction or manufactured dwelling permit issued involving the same project;

(B) A written acknowledgment by the city or county planning agency that the project has final land use approval;

(C) A copy of the local land use permit or a letter from the local planning agency that the project has land use approval or is otherwise permitted under the jurisdiction's comprehensive plan and does not require specific land use approval; or

(D) Verification of approval may be communicated from the local planning agency to the inspector by telephone or facsimile so long as a letter or other written verification as required above is received by the inspector within ten calendar days of the first inspection.

(6) Manufactured Dwelling Set-Up Permits. The requirements in section (3) of this rule can be met by a person seeking a manufactured dwelling set-up permit by:

(a) Telephonic confirmation by the city or county planning agency. When this procedure is used the name and telephone number of the person that can provide the confirmation must be provided by the person seeking the permit; or

(b) A facsimile transmission of relevant documents.

(7) Any permit, including an electrical permit, may be denied by the division if the division has knowledge that:

(a) Any other permit under the jurisdiction of the division was denied;

(b) The project has not received final land use approval; or

(c) The project is not otherwise permitted under the jurisdiction's comprehensive plan.

(8) Revocation of Permits: Any permit or inspection approval issued under this rule may be revoked by the division:

(a) If the issuance was based on false, erroneous or misleading information; or

(b) In the case of an electrical inspection, if the required verification is not provided within ten calendar days following the first inspection.

Stat. Auth.: ORS 183.325 - ORS 183.410, ORS 196.180 & ORS 455.110
Stats. Implemented: ORS 197.180
Hist.: BCA 10-1990, f. 5-8-90, cert. ef. 8-1-90; BCA 2-1991, f. 1-28-91, cert. ef. 1-31-91; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98

918-001-0120

Appointment of Chiefs

The division shall appoint individuals as specialty code chief inspectors knowledgeable to carry out the provisions of ORS 455.475.

Stat. Auth.: ORS 455.475
Stats. Implemented: ORS 455.475
Hist. 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 29-2002, f. & cert. ef. 10-1-02

918-001-0130

Alternative Appeal Procedure

This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Electrical Specialty Code, the appeal process set forth in OAR 918-008-0120 shall be followed.

(1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one process to the other on the same issue. Such appeal shall:

(a) Be made within 30 days of the municipality decision; and

(b) Include the name of the person making the appeal, a written description of the appeal, the name of the authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been issued; and

(c) Be accompanied by $20 appeal fee.

(2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or designee and any other information necessary to make a decision.

(3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing.

(4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the decision of the specialty code chief to the appropriate state advisory board, the person shall:

(a) Request further appeal within 15 days after written notification of the decision of the specialty code chief; and

(b) Provide additional information as needed by the division to process the appeal.

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

Stat. Auth: ORS 455.475
Stats. Implemented: ORS 455.475
Hist.: 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 29-2002, f. & cert. ef. 10-1-02

918-001-0210

Division Mailing Lists

This rule governs procedures for placement on the various mailing lists maintained by the division and boards. The procedures in this rule are created under ORS 183.335(8) and the general rulemaking authority of the director in 455.030 and 455.100.

(1) Creation of Interested Parties Mailing Lists for Board Activities. Mailing lists are created for interested people and organizations who want to receive notices and agendas of board meetings for the following:

(a) Electrical and Elevator Board;

(b) Building Codes Structures Board;

(c) Residential and Manufactured Structures Board;

(d) State Plumbing Board;

(e) Board of Boiler Rules;

(f) Mechanical Board; and

(g) Construction Industry Energy Board.

(2) Creation of Interested Parties Mailing Lists for Rulemaking. Mailing lists are created for interested people and organizations wanting to receive notices of the division’s rulemaking activities. The mailing lists are divided into the following program areas:

(a) Electrical List. This list covers rulemaking activities of the Electrical and Elevator Board and Construction Industry Energy Board, where applicable, relating to electrical matters, including the Electrical Safety Law, the Oregon Electrical Specialty Code, and the electrical provisions of the Oregon Residential Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(b) Elevator List. This list covers the rulemaking activities of the Electrical and Elevator Board relating to elevators and the Oregon Elevator Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(c) Commercial Structures List. This list covers rulemaking activities of the Building Codes Structures Board and the Construction Industry Energy Board, where applicable, relating to commercial structures and the Oregon Structural Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(d) Mechanical List. This list covers the rulemaking activities of the Mechanical Board relating to mechanical matters and the Oregon Mechanical Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(e) Residential Structures List. This list covers rulemaking activities of the Residential and Manufactured Structures Board and the Construction Industry Energy Board, where applicable, relating to residential structures and the Oregon Residential Specialty Code.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(C) Everyone entitled to notice on the electrical and plumbing lists are also served notice when Oregon Residential Specialty Code rules are involved.

(D) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(f) Manufactured Structures and Parks List. This list covers the rulemaking activities of the Residential and Manufactured Structures Board and the Construction Industry Energy Board, where applicable, relating to manufactured dwellings, recreational vehicles, manufactured dwelling parks, recreation parks, organizational camps, and picnic parks.

(A) Building officials and members of the boards are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(g) Plumbing List. This list covers rulemaking activities of the State Plumbing Board relating to plumbing activities, including the Oregon Plumbing Specialty Code and the plumbing provisions of the Oregon Residential Specialty Code.

(A) Building officials and members of the board are automatically on this list.

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(h) Boiler List. This list covers rulemaking activities of the Board of Boiler Rules relating to boiler and pressure vessel activities and the Oregon Boiler and Pressure Vessel Specialty Code.

(A) Building officials and members of the board are automatically on this list;

(B) All municipalities with authority to administer the building code are served notice when the rulemaking involves the adoption or amendment of the code.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(i) Amusement Ride and Device List. This list includes amusement device and ride owners and amusement parks.

(A) All municipalities with authority to administer the building code are served notice when rulemaking involves the adoption or amendment of the code.

(B) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(j) General Rulemaking List. This list covers the rulemaking activities of the division that are not specific to a code or program.

(A) Building officials are automatically on this list.

(B) All municipalities with authority to administer the building code are also on this list.

(C) Interested parties requesting placement on this list per section (3) of this rule will also be served notice.

(k) Illegal Drug Manufacturing Site List. Interested parties referenced in OAR chapter 918, division 10 are automatically on this list.

(3) Mailing List Subscription. The division will add a person or organization to its interested parties mailing lists if the person or organization:

(a) Subscribes to the division’s online e-mail notification system through the division’s Web site at www.bcd.oregon.gov; or

(b) Requests in writing to receive notification materials by mail. The request must include the full name of the person or organization, a mailing address, and must indicate the board or rulemaking program mailing list the interested party would like to subscribe to.

(4) The division will send notices to those on the e-mail notification list described in (3)(a) of this rule and mail paper copies to those on the hard-copy notification list described in (3)(b) of this rule.

These notification materials are also available on the division’s Web site at <www.bcd.oregon.gov/rules.html>.

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

Stat. Auth.: ORS 455.110
Stats. Implemented: ORS 183.335
Hist.: BCA 23-1992, f. 12-24-92, cert. ef. 1-1-93; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98; BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04; BCD 9-2009, f. 12-30-09, cert. ef. 1-1-10

918-001-0240

Refunds

(1) As required by ORS 293.445 moneys received in excess of the amount legally due and payable to the division, or in which the division determines it has no legal interest, shall be refunded. However, as authorized by 293.445, for sums of $25.00 or less the division will only refund the money upon request by the person who paid the money or the person’s legal representative. Refund requests must be made within three years of the date that the money was paid to the division.

(2) “Amounts legally due and payable” includes but is not limited to, fees for license, renewal license, permit or plan review applications, regardless of whether or not application review results in the issuance of a license or permit.

Stat. Auth.: ORS 293.445
Stats. Implemented: ORS 293.445
Hist.: BCA 23-1992, f. 12-24-92, cert. ef. 1-1-93; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98; BCD 7-2001, f. 6-15-01, cert. ef. 7-1-01; BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08

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