Current through Register Vol. 63, No. 9, September 1, 2024
(1) Assumption of building inspection
programs shall be approved only under ORS Chapters 455 and 479 and these rules,
for municipalities meeting the following minimum standards. Municipalities
requesting to assume new programs or additional parts of a program must provide
a full-service program as described in ORS Chapter 455. The municipality shall
prepare an assumption plan demonstrating its ability to:
(a) Administer the program for at least four
years;
(b) Maintain or improve upon
service levels presently provided to the area, including identifying proposed
staffing, service contracts and intergovernmental agreements for at least the
first two years;
(c) Operate a
program that is financially feasible for at least two years without unduly
increasing short-term and long-term costs of services to the public, in the
areas administered by the municipality. Information showing how the program
will be financially feasible shall include an estimate of anticipated revenues
and expenditures, the assumptions on which the estimates are based, and an
explanation of how losses, if any, will be funded; and
(d) Transition the program from the previous
service provider including developing a method for:
(A) Transferring responsibility for existing
buildings, open plan reviews, permits and inspections and corresponding
revenues for completion of outstanding work;
(B) Transferring any pending enforcement
actions;
(C) Informing contractors
and others of the change of inspecting jurisdictions, jurisdictional boundaries
and requirements for plan review, permits and inspections; and
(D) Transferring any affected employees
consistent with ORS 236.605.
(2) A municipality requesting to
administer and enforce a new full-service building inspection program under ORS
455.148, or part of a building
inspection program to become full-service under ORS
455.148 and
455.150 shall, by October 1:
(a) Submit a completed division program
request form describing the specialty codes the municipality intends to
administer effective July 1 of the following year, and provide the following:
(A) An assumption plan as required in ORS
455.148 and Section (1) of this
rule;
(B) An operating plan as
described in OAR 918-020-0090;
(C) A schedule, including the date, time,
place and subject matter, of any proposed meetings of public or advisory
bodies, where public comments will be received concerning their proposal to
assume a full-service program or part of a program;
(D) Evidence of compliance with the notice
and consultation requirements of this section; and
(E) When a municipality reapplies to assume
administration of a program that was previously revoked, the application shall
include an explanation of how past deficiencies were corrected and how they
will be prevented in the future, and it shall meet the requirements of ORS
455.148 and
455.150 including timelines and
full-service coverage.
(b) Consult with the jurisdiction from whom
the program will be assumed, to:
(A) Notify
them of the intent to assume the program;
(B) Discuss with them any impacts on their
existing program;
(C) Attempt to
resolve any negative impacts; and
(D) Attempt to reach agreement on the method
of providing services in the area.
(3) Upon receipt of an application for
program assumption from a municipality, the division shall, by October 15,
notify in writing all persons on the division maintained interested party
mailing list.
(4) Objections to
proposed program assumptions, including or related to, claims of economic
impairment by the division or the municipality potentially losing the program,
shall be received within 30 days of notice and shall include:
(a) An explanation of the objection to the
proposed program assumption;
(b)
Identification of the required program standard that is believed not to be met;
and
(c) When related to economic
impairment, the information provided shall include projected impact on the
existing building inspection program revenues, expenses, and staffing levels
and the ability to continue carrying out remaining portions of the affected
program.
(5) When
reviewing the objections, the division shall consider the criteria established
in ORS 455.152 and whether the
objections relate to the ability of the municipality to effectively carry out
the program and meet the required standards of applicable statutes and
rules.
(6) The municipality
requesting administration of a program shall confirm its intent to proceed with
its application and submit final information to the division by January
1.
(7) By April 1 the division
shall approve or deny the request. A request may be denied when the
municipality failed to meet any of the standards and timelines for assumption
set forth in ORS Chapters 455 and 479 and the rules adopted thereunder, or when
a claim of economic impairment is not resolved to the satisfaction of the
director.
(8) Municipalities
approved to assume programs may do so effective July 1.
(9) By September 1, the municipality shall
submit a final approved copy of all applicable ordinances and fee
schedules.
Statutory/Other Authority: ORS
455.148,
455.150,
455.152 &
479.855
Statutes/Other Implemented: ORS
455.148,
455.150,
455.152 &
479.855
