Current through Register Vol. 63, No. 12, December 1, 2024
(1) In addition to the standards set forth in
ORS 455.210 and
479.845, a municipality
intending to adopt building inspection program fees for any specialty code
administered and enforced by the municipality shall comply with all of the
following standards:
(a) The municipality
shall notify the division of such adoptions 45 days prior to the adoptive date.
The notification shall include a summary of the following:
(A) The affected specialty code or program
areas;
(B) A description of the
proposed building inspection program fees including the approximate percentage
increase when applicable;
(C) The
proposed effective date;
(D) The
date of the last fee increase in the specialty code or program area if
applicable;
(E) The anticipated
date, time and location of the local municipal hearing scheduled pursuant to
ORS 294.160;
(F) The name, phone number and title of a
contact person; and
(G) A narrative
explaining the purpose of the proposed fee adoption.
(b) Upon notification from the division that
an appeal request has been received under ORS
455.210 or
479.845, the municipality shall
submit further documentation to be received by the division within 15 days
following notification. This documentation shall include, but not be limited
to:
(A) A narrative explaining why the
building inspection program fees are necessary at the level proposed;
(B) The municipality's newly adopted fee
schedule and, if applicable, the prior fee schedule;
(C) Revenue and expense information for the
building inspection program including the current fiscal year, including a
minimum of 12 months actual and 12 months projected revenues and
expenses;
(D) An explanation of the
municipality's cost allocation method(s) for expenses;
(E) An explanation of all reserve and ending
fund balances;
(F) A determination
of whether the fee is reasonable, including an analysis of whether the fee is:
(i) Comparable to fees charged by other
municipalities of similar size and geographic location for the same level of
service;
(ii) Established through
the same or similar calculation methods used by other municipalities;
and
(iii) The same type as those
charged by other municipalities for similar services; and
(G) The identification of any potential
building inspection program changes that are anticipated as a result of the
proposed fee.
(c) The
municipality shall update its operating plan on file with the division within
30 days of the adoption of a new building inspection program fee schedule
including sufficient information for the division to determine the fee revenue
will be used within the building inspection program.
(2) The division shall establish and maintain
a list of all interested persons who wish to receive notice of all planned fee
adoptions for building inspection programs. The division shall notify in
writing all interested persons on the division's mailing list within 15 days of
receiving a municipal notice of intent to adopt building inspection program
fees.
(3) Upon a determination that
the municipality failed to meet any of the fee adoption standards, the director
may deny a fee adoption or require a municipality to rescind that portion of a
local ordinance or regulation and readopt building inspection program fees. A
municipality shall refund all building inspection program fees collected under
the rescinded ordinance that exceed the prior building inspection program fee
schedule, unless a waiver is approved by the director upon written request from
the municipality. Copies of the waiver request shall be forwarded by the
division to the interested parties list.
Statutory/Other Authority: ORS
455.030,
455.148 &
455.150
Statutes/Other Implemented: ORS
455.148,
455.150,
455.210 &
479.845
