Current through Register Vol. 63, No. 3, March 1, 2024
(1) A third-party agency and its agents shall
be free of any conflicts of interest, affiliation, influence, collusion,
control or fraud involving any supplier or manufacturer of prefabricated
structures with whom it has contracted to perform plan review or inspection
services. This prohibition shall include, but not be limited to, the following:
(a) A third-party agency and its owners,
directors, management personnel, architects, engineers, plans examiners or
inspectors shall not hold stock or have any ownership or managerial affiliation
with any supplier, dealer, distributor or manufacturer of prefabricated
structures;
(b) A third-party
agency shall not promote any prefabricated structure, manufacturer or
product;
(c) The employment status
of any third-party agency personnel shall be free of influence or control by
any dealer, distributor, supplier or manufacturer of prefabricated
structures;
(d) A third-party
agency shall not review or approve plans or inspect any work which was produced
or participated in whole or in part by a member of the third-party agency's
staff or by a member of the staff of any affiliated organization;
(e) When a third-party agency contracts with
a supplier or manufacturer of prefabricated structures to perform plan review
or inspection services, it shall, within ten days of signing, provide a
statement to the Division that it is free of any conflicts of interest,
affiliation, influence, collusion, control or fraud in connection with the
supplier or manufacturer; and
(f) A
third-party agency shall not perform or participate in design or engineering
services for the same prefabricated structure manufacturer(s) with which it has
contracted to perform plan review or inspection services.
(2) Suppliers or manufacturers of
prefabricated structures shall be free of any conflicts of interest,
affiliation, influence, collusion, control or fraud involving any certified
third-party agency with whom it has contracted to perform plan review or
inspection services. This prohibition shall include, but not be limited to:
(a) A supplier or manufacturer and its
owners, directors, management personnel, architects or engineers shall not hold
stock or have any ownership or managerial affiliation with any certified
third-party agency;
(b) The
employment status of any supplier or manufacturing personnel shall be free of
influence or control by any certified third-party agency;
(c) No employee or officer of a supplier or
manufacturer shall perform consulting or engineering services for the same
third-party agency with whom it has contracted to perform plan review or
inspection services.
Stat. Auth.: ORS
455.705
Stats. Implemented: ORS
455.705
