Current through Register Vol. 63, No. 3, March 1, 2024
(1) Nonconformance Notice:
(a) Where required, the division shall issue
a nonconformance notice to the building official and chief executive officer
concurrently with the written report. A nonconformance notice shall be served
on the building official and chief executive officer by certified or registered
mail. A nonconformance notice shall only be issued following a review where a
municipality fails to comply with any of the general standards for the
administration and enforcement of a building inspection program contained in
these rules;
(b) Within 30 days of
receiving a nonconformance notice a municipality shall file a proposed written
correction plan with the division containing a detailed description of the
actions and timeline the municipality proposes to correct each nonconformance
noted in the final report;
(c) The
division shall:
(A) Accept or deny a proposed
correction plan within 30 days of receiving any plan;
(B) Advise a municipality in writing of the
portions of the plan which do not adequately address any nonconformance noted.
A municipality must submit a final correction plan within 30 days of receiving
the division's response to a proposed correction plan; and
(C) Advise a municipality of any matters that
require immediate attention where a review reveals an imminent risk of personal
injury or threat to health and safety.
(2) Program Revocation. The division may
revoke a municipality's authority to administer and enforce a building
inspection program or part of a program following a review if the municipality
fails to:
(a) Submit a proposed correction
plan after receiving a nonconformance notice;
(b) Submit an acceptable final correction
plan after receiving comments from the division regarding a proposed correction
plan; or
(c) Comply with the
specific correction requirements contained in an approved final correction
plan.
(3) Review of
Proposed Revocation.
(a) The administrator
may appoint a five-person panel to review a recommendation to revoke a
municipal building inspection program. The panel shall consist of two building
officials from jurisdictions similar in size to the municipality subject to the
proposed revocation, two contractors from areas similar in size and character
to the municipality subject to the proposed revocation and one person to be
determined by the administrator;
(b) The panel shall:
(A) Review the final report delivered to the
building official together with any correction plans submitted by the
municipality subject to the proposed revocation but may allow the municipality
subject to the proposed revocation to submit additional materials in response
to the proposed revocation; and
(B)
Submit final recommendations to the administrator within 45 days of its program
review.
(4)
Final Decision. The administrator shall issue a written decision revoking a
municipality's authority to administer and enforce a building inspection
program. The decision shall be based on the final report delivered to the
building official, any correction plans submitted by the municipality and
recommendations, if any, submitted by a review panel appointed by the
administrator. Judicial review of the decision will be available as provided
for in statute.
Stat. Auth.: ORS
455.030
Stats. Implemented: ORS
455.150
