Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Purpose. The purpose of this rule is to provide greater flexibility to building
departments to meet demand and provide services without compromising safety
throughout the impacts of COVID-19 and the 2020 wildfires in the State of
Oregon, and in anticipation of future emergencies.
(2) When the Governor declares a State of
Emergency, the director may issue an order that the emergency may cause a
workforce shortage among inspectors or plans examiners, and under such an
order, notwithstanding OAR
918-098-1015,
918-281-0020, and
918-695-0400, a person with an
Oregon Inspector Certification and a code certification issued by the Building
Codes Division may perform inspections and review plans beyond the scope of
work for their code certification if both of the following conditions are met:
(a) The relevant building official determines
the person has the skills necessary to perform the specific inspection or plan
review without compromising safety; and
(b) The relevant building official authorizes
the person, in writing, to perform the inspection or plan review.
(3) If a municipality adopts an
ordinance that allows for unpaid leave, or broadened unpaid leave, due to the
COVID-19 pandemic, notwithstanding OAR
918-098-1475(1):
(a) A person with an Oregon Inspector
Certification and an Oregon Code Certification may get paid to perform or
manage work regulated by the state building code for a company engaged in
construction or property development in Oregon when employed as an inspector,
plans examiner, or building official by a municipality under ORS
455.457, if the following is met
at the time the work is performed or managed:
(A) The person is on unpaid leave from their
employment as an inspector, plans examiner, or building official, and the
unpaid leave relates to the passage of the municipality's ordinance referenced
in this section;
(B) The period of
time for the unpaid leave in paragraph (A) of this subsection is expected to
last not less than 30 consecutive days;
(C) The person does not engage in any
conflicts of interest;
(D) The
person submits written notice to the jurisdiction where they are taking their
unpaid leave to inform them of their intent to engage in outside work and
details the nature of that outside work;
(E) The jurisdiction where the person is
taking unpaid leave consents in writing to the outside work;
(F) The jurisdiction where the person is
taking unpaid leave agrees in writing that this work is not expected to create
a conflict of interest; and
(G) As
applicable, the person holds the appropriate licensure to perform or manage the
outside work.
(b) For
the purposes of subsection (a) of this section, "unpaid leave" means the person
is not receiving wages or a salary. A person may still receive benefits, such
as healthcare benefits, while on "unpaid leave."
(4) Consistent with ORS
455.020 and the discretion
granted to building officials, nothing in OAR Chapter 918 should be construed
to limit the ability of building officials to employ flexible and creative
solutions in service delivery, which may include but is not limited to:
(a) The use of virtual inspections, including
videos, pictures, and the use of drones;
(b) The use of electronic
signatures;
(c) The granting of
written requests to reconnect an electrical installation pursuant to ORS
479.570 and OAR
918-311-0070;
(d) Waiving a code requirement, modifying a
code requirement, or accepting an alternate method, so long as it would not
create an unsafe or dangerous condition regarding fire and life
safety;
(e) Entering into
agreements with other jurisdictions to provide plan reviews or
inspections;
(f) Waiving all or
part of plan review fees and inspection fees; and
(g) Accepting the use of master
plans.
(5) Section (2)
of this rule is retroactive to December 29, 2020.
Statutory/Other Authority: ORS
446.250, ORS
455.020, ORS
455.030, ORS
455.055, ORS
455.465 & ORS
455.720
Statutes/Other Implemented: ORS
446.250, ORS
455.055 & ORS
455.720
