DIVISION 98
CERTIFICATION RULES
918-098-1000
Purpose and Scope
(1) These rules establish minimum training, experience and certification requirements for building officials and persons who perform specialty code plan review and inspections in this state. The certification requirements for commercial plumbing and electrical inspectors are located in OAR 918-695-0400 through 918-695-0410 and 918-281-0000 through 918-281-0020.
(2) Nothing in these rules is intended to allow a person to violate statute or rule or change certification and licensing requirements set forth in statute.
(3) Nothing in these rules prevents the administrator from waiving procedural requirements in the rare circumstance where substantial compliance is impracticable.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 446.250, 455.622 & 455.720
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06,
cert. ef. 4-1-06; BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1005
Definitions
As used in OAR chapter 918, division 098, unless the context requires otherwise:
(1) "A-level Structures" means structures regulated by the Oregon Structural Specialty Code that require a state fire and life safety plan review or are required to be designed by an Oregon licensed architect or engineer pursuant to ORS chapter 671.
(2) "B-level Structures" means structures regulated by the Oregon Structural Specialty Code that do not require a state fire and life safety plan review and are not required to be designed by an Oregon licensed architect or engineer pursuant to ORS chapter 671.
(3) "Building Inspection Technology" means an approved curriculum meeting the requirements of OAR 918-098-1420.
(4) "Code-Change Course" means a continuing education course that addresses changes to specialty codes, code standards, interpretations and alternate methods or administrative rules addressing code.
(5) "Commercial" means structures regulated by the Oregon Structural Specialty Code.
(6) "Cross-Training Program" means a division approved residential, electrical or plumbing inspector on-the-job cross-training program and practical evaluation, established by the building official of a local jurisdiction, that meets the minimum training and education requirements established by the division.
(7) "Design" means professional, engineering or technical design of systems or components that requires computations, research or special knowledge.
(8) "Division" means the Building Codes Division.
(9) "Education Institution" is an institution accredited through a nationally recognized body and is usually governed by a local board and receives a state recognition.
(10) "Education Program" is a minimum two-year, or one-year focused building inspection technology program administered by an education institution.
(11) "International Code Council certification" means a certification issued by the International Code Council demonstrating that an individual has passed a specific International Code Council certification examination.
(12) "Nationally Recognized Certification Body" means a body or organization that provides formal recognition that a person possesses minimum knowledge of a recognized code.
(13) "High Priority Training" means periodic continuing education training identified by the division that addresses new technologies or specific problem areas identified by the division.
(14) "Oregon Code Certification" means a certification issued by the division for:
(a) Building Official;
(b) Fire and Life Safety Plans Examiner;
(c) A-Level Structural Plans Examiner;
(d) B-Level Structural Plans Examiner;
(e) Residential or One-and-Two Family Dwelling Plans Examiner;
(f) Residential or One-and-Two Family Dwelling Structural Inspector;
(g) A-Level Structural Inspector;
(h) A-Level Mechanical Inspector;
(i) B-Level Structural Inspector;
(j) B-Level Mechanical Inspector;
(k) Residential or One-and-Two Family Dwelling Mechanical Inspector;
(l) Electrical Specialty Code Inspector;
(m) Residential or One-and-Two Family Dwelling Electrical Inspector;
(n) Plumbing Specialty Code Inspector;
(o) Residential or One-and-Two Family Dwelling Plumbing Inspector;
(p) Limited Plumbing Inspector -- Building Sewers;
(q) Manufactured Structure Construction Inspector;
(r) Manufactured Structure Installation Inspector;
(s) Recreational Vehicle Inspector Certification; and
(t) Park and Camp Inspector.
(15) "Oregon Inspector Certification" means a certification issued by the division demonstrating that a person has passed a division-approved examination that covers Oregon laws and regulations relating to state building codes including, but not limited to, architectural barrier laws governing accessibility to buildings by disabled persons.
(16) "Practical Experience Evaluation" means a division-approved evaluation to determine if a person meets the practical experience equivalent of 50 percent of the required work experience listed in the appropriate certification categories defined in OAR 918-098-1030.
(17) "Recognized Code" means a regulatory document enforced by one or more state or local governments that prescribes minimum standards for building materials and construction methods of buildings or structures and building service equipment including plumbing, mechanical and electrical systems.
(18) "Residential Structures" means one-and two-family dwellings, townhouses and rowhouses regulated by the Oregon Residential Specialty Code, excluding apartment buildings.
(19) "Year of Experience" means 2,000 hours of documented experience.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCA 16-1992, f. & cert. ef. 8-11-92; BCD 23-1996(Temp), f.
& cert. ef. 10-21-96; BCD 8-1997, f. & cert. ef. 4-1-97;
Renumbered from 918-099-0220; BCD 15-1997, f. 9-30-97, cert. ef.
10-1-97; BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0010; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0010; BCD 4-2006, f. 3-31-06, cert. ef.
4-1-06; BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1010
Certification Requirements
(1) Unless otherwise stated in this rule, every person who performs building official duties building code inspections, or plan reviews must possess either:
(a) An Oregon Code Certification issued prior to October 1, 2005; or
(b) An Oregon Inspector Certification and an Oregon Code Certification issued after October 1, 2005; or
(c) An Oregon Inspector Certification and the current appropriate International Code Council certification for the work being performed and the minimum level of experience as follows:
(A) Two years of construction or inspection-related experience or its equivalent; or
(B) An approved one-year inspection-related education program and one year of construction or inspection-related experience; or
(C) A degree from an approved two-year inspection-related education program or its equivalent; or
(D) Be a registered Oregon architect, a certified Oregon professional engineer, or have a bachelor or master degree in architecture or civil or structural engineering.
(2) Notwithstanding section (1)(c) of this rule, a person may perform the duties of a building official with only the Oregon Inspector Certification providing the person passes the International Code Council Certified Building Official Legal Management examination within six months of hire.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720 & 455.730
Stats. Implemented: ORS 455.720 & 455.730
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06,
cert. ef. 4-1-06; BCD 18-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1012
Scope Of Work Allowed For Persons With An Oregon Inspector Certification and an International Code Council Certification
(1) Individuals meeting the experience requirement in OAR 918-098-1010 who possess a valid Oregon Inspector Certification and a current International Code Council certification may perform work based on the type of International Code Council Certification they possess.
(2) A Certified Building Official Legal/Management may oversee a jurisdictions administration and enforcement of the state building code for those specialty codes assumed by the jurisdictions pursuant to ORS 455.148 or 455.150. Building officials may not perform plan-reviews or inspections unless they possess the appropriate certification for the type of plan review or inspection being performed.
(a) Commercial Building Inspector certificate holders may conduct construction inspections for:
(A) All work regulated by the Oregon Structural Specialty Code; and
(B) Structural work on townhouse structures, rowhouse structures, and apartment buildings regulated by the Oregon Residential Specialty Code.
(b) Commercial Building Plans Examiner certificate holders may review construction plans for:
(A) Compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code, except the fire and life safety plan review provisions for structures required to receive a state fire and life safety plan review; and
(B) Fire and life safety construction on townhouse structures, rowhouse structures, and apartment buildings regulated by the Oregon Residential Specialty Code.
(c) Commercial Fire Plans Examiner certificate holders who also have the Commercial Building Plans Examiner Certificate may review construction plans for compliance with the fire and life safety plan review provisions of the Oregon Structural Specialty Code and the Oregon Fire Code.
(d) A Commercial Mechanical Inspector certificate holder may conduct construction inspections and may review construction plans for:
(A) All work regulated by the Oregon Mechanical Specialty Code; and
(B) Mechanical work on townhouse structures, rowhouse structures and apartment buildings regulated by the Oregon Residential Specialty Code.
(e) A Residential Building Inspector certificate holder may conduct construction inspections and plan reviews for:
(A) Structural work regulated by the Oregon Residential Specialty Code, except apartment buildings; and
(B) Construction work on manufactured structures and accessory buildings and structures regulated under the Oregon Manufactured Dwelling and Park Specialty Code or the Manufactured Home Construction and Safety Standards in 24 CFR, ¦ 3280 and ¦ 3282. Construction work does not include the scope of work described in OAR 918-098-1305.
(f) A Residential Mechanical Inspector certificate holder may conduct inspections and plan reviews for:
(A) Mechanical work regulated by the Oregon Residential Specialty Code, except for apartment buildings; and
(B) Mechanical work on manufactured dwelling alterations under the Oregon Manufactured Dwelling and Park Specialty Code.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720 & 455.730
Stats. Implemented: ORS 455.720 & 455.730
Hist.: BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f.
3-31-06, cert. ef. 4-1-06; BCD 13-2007, f. 12-28-07 cert. ef.
1-1-08
918-098-1015
Scope of Work for Persons Holding Oregon Code Certifications
Persons who possess a current Oregon Code Certification may perform inspections and plan reviews based on the class designated on their certificate. The classes, other than electrical and plumbing inspector classifications found in OAR 918-281-0020 and 918-695-0400, are:
(1) Building Official. Persons certified as a Building Official legal management certification may oversee jurisdictions' administration and enforcement of the state building code for those specialty codes assumed by the jurisdiction(s) pursuant to ORS 455.148 or 455.150. Building officials may not perform plan-reviews or inspections unless they possess the appropriate certification for the plan review or inspection being performed.
(2) Fire and Life Safety. Persons certified as fire and life safety plans examiners review construction plans for compliance with the fire and life safety plan review provisions of the Oregon Structural Specialty Code and the Oregon Fire Code for any structure regulated by the Oregon Structural Specialty Code.
(3) A-Level.
(a) Persons certified as A-level structural plans examiners:
(A) May review construction plans for compliance with the pro-visions of the Oregon Structural Specialty Code and Oregon Fire Code for all work regulated by the Oregon Structural Specialty Code, except the fire and life safety plan review provisions for structures required to receive a state fire and life safety plan review; and
(B) May review construction plans for work that falls within the B-level structural plans examiner classification.
(b) Persons certified as A-level structural inspectors:
(A) May conduct construction inspections of all work regulated by the Oregon Structural Specialty Code; and
(B) May conduct inspections of work that falls within the B-level structural inspector classification.
(c) Persons certified as A-level mechanical inspectors:
(A) May conduct construction inspections and may review construction plans for all work regulated by the Oregon Mechanical Specialty Code; and
(B) May conduct inspections and may review construction plans for work that falls within the B-level mechanical inspector classification.
(4) B-Level.
(a) Persons certified as B-level structural plans examiners may review construction plans for compliance with the provisions of the Oregon Structural Specialty Code and Oregon Fire Code for work regulated by the Oregon Structural Specialty Code, except:
(A) Work in structures required to receive a state fire and life safety plan review; and
(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS Chapter 671.
(b) Persons certified as B-level structural inspectors may conduct construction inspections of work regulated by the Oregon Structural Specialty Code, except:
(A) Work in structures required to receive a state fire and life safety plan review; and
(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS Chapter 671.
(c) Persons certified as B-level mechanical inspectors may conduct construction inspections of work regulated by the Oregon Mechanical Specialty Code, except:
(A) Work in structures required to receive a state fire and life safety plan review; and
(B) Work in structures required to be designed by an Oregon registered architect or certified professional engineer pursuant to ORS Chapter 671.
(d) Persons certified as B-level structural plans examiners, B-level structural inspectors or B-level mechanical inspectors:
(A) May qualify to be certified to review construction plans or conduct inspections of structures regulated by the Oregon Residential Specialty Code; and
(B) Shall not be authorized to review construction plans or conduct inspections of structures that are outside the B-level classification without first obtaining the appropriate certification.
(5) One and two family dwelling or residential.
(a) Persons certified as one and two family dwelling or residential:
(A) Structural inspectors may conduct construction inspections of structural work regulated by the Oregon Residential Specialty Code, excluding apartment buildings, and manufactured structures and manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling and Park Specialty Code or the Manufactured Home Construction and Safety Standards located in 24 CFR ¦ 3280 and ¦ 3282 but not the scope of work described in OAR 918-098-1305;
(B) Mechanical inspectors may conduct inspections of mechanical work regulated by the Oregon Residential Specialty Code, excluding apartment buildings, and manufactured dwelling alterations under the Oregon Manufactured Dwelling and Park Specialty Code;
(C) Plumbing inspectors may conduct inspections of plumbing work regulated by the Oregon Residential Specialty Code, excluding apartment buildings; and
(D) Electrical inspectors conduct inspections of electrical work regulated by the Oregon Residential Specialty Code, excluding apartment buildings.
(b) Persons certified as a one-and-two family dwelling plans examiners review construction plans for compliance with provisions of the Oregon Residential Specialty Code, excluding apartment buildings and structures under the Oregon Manufactured Dwelling and Park Specialty Code or the Manufactured Home Construction and Safety Standards located in 24 CFR ¦ 3280 and ¦ 3282.
(c) Persons certified as a one and two family dwelling or residential inspectors and plans examiners shall not be authorized to review construction plans or conduct inspections of either A-level or B-level structures without the required commercial A-level or B-level certification.
(d) See OAR 918-098-1325 for additional requirements of one and two family dwelling residential inspectors and plans examiners performing manufactured dwelling alteration inspections or plan reviews.
(e) See OAR 918-098-1330 for additional requirements of one and two family dwelling residential inspectors performing manufactured structure accessory structure or accessory building inspections.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: DC 24-1978, f. & ef. 9-1-78; DC 10-1980, f. & ef.
9-10-80; DC 4-1983, f. & ef. 1-12-83; Renumbered from
814-003-0065; BCA 16-1992, f. & cert. ef. 8-11-92; BCD 8-1997, f.
& cert. ef. 4-1-97; Renumbered from 918-099-0065; BCD 15-1997, f.
9-30-97, cert. ef. 10-1-97; BCD 16-2005(Temp), f. & cert. ef.
7-7-05 thru 12-31-05, Renumbered from 918-098-0060; BCD 24-2005, f.
9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0060; BCD 4-2006,
f. 3-31-06, cert. ef. 4-1-06; BCD 13-2007, f. 12-28-07 cert. ef.
1-1-08
918-098-1020
Expanded Scope of Work for Oregon A- or B-Level or Commercial Mechanical Inspectors
(1) Persons who possess a current and valid Oregon Code Certification as an Oregon A- or B-level Mechanical Inspector, or an Oregon Inspector Certification and an International Code Council Certification as a Commercial Mechanical Inspector, may conduct inspections of brazing or welding work related to the installation, alteration or repair of refrigeration piping systems, except as regulated by the Oregon Boiler and Pressure Vessel Program under OAR chapter 918, division 225.
(2) To perform work under section (1) of this rule, these persons must successfully complete a training program in accordance with either Section IX, "Welding and Brazing Qualification" of the ASME Boiler and Pressure Vessel Code, or AWS B2.2, "Standard for Brazing Procedure and Performance Qualification" administered by a division-approved organization.
(3) Inspector certification for refrigeration piping in residential structures is not required.
[Publications referenced are available for review at the division.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 2-2001, f. 2-2-01, cert. ef. 7-1-01; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0900;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0900; Renumbered from 918-098-1080, BCD 19-2006, f. 12-29-06,
cert. ef. 1-1-07
918-098-1025
Oregon Inspector Certification and Oregon Code Certification Application Process; Testing Procedures
(1) Unless a person is qualified to apply under section (2) of this rule, all persons who seek certification to perform the duties of a building official, inspector or plans examiner must apply for the Oregon Inspector Certification as follows:
(a) Submit a division-approved application with a payment of $22.00; and
(b) Successfully pass the Oregon Inspector Certification examination.
(2) Persons applying for an Oregon Code Certification under these rules, or under OAR 918-281-0020 and 918-695-0400 must:
(a) Submit a division-approved application demonstrating appropriate experience, as defined in chapter 918, division 281, 695, or these rules; and
(b) Pay a $22.00 fee; and
(c) Successfully pass the appropriate Oregon Code Certification exam.
(3) Applicants for an Oregon Inspector Certification who fail the examination may reapply under section (1) of this rule to retest.
(4) Applicants for an Oregon Code Certification who fail the examination may reapply under section (2) of this rule to retest. Applicants may not retake the test for 30 days after each failed attempt.
(5) If an applicant fails to take the Oregon Inspector Certification exam or the Oregon Code Certification exam within 60 days of being approved to do so, the applicant must re-apply under section (1) or (2) of this rule.
Stat. Auth.: ORS 455.720, 455.730 & 455.735
Stats. Implemented: ORS 455.720, 455.730 & 455.735
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06,
cert. ef. 4-1-06; BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1030
Practical Experience Evaluation Requirements
(1) The following evaluation process is established to determine a practical experience equivalent for the various structural and mechanical Oregon Code Certifications issued under these rules.
(2) Satisfactory completion of an approved evaluation shall be accepted by the division or a building official as compliance with 50 percent of the minimum experience requirements for the specific Oregon Code Certification. The evaluation may include, but is not limited to, a field evaluation and division-approved written examination.
(3) When a field evaluation is used, the jurisdiction with the intent to hire must;
(a) Schedule the evaluators from a list provided by the division; and
(b) Coordinate appropriate job site locations for the evaluators and applicants, when applicable.
(4) There shall be two or more division-approved evaluators, that may include a representative of the division, for each field evaluation who must:
(a) Have at least two years inspection or plan review experience with the same or higher certification in the same discipline for which the person has applied; and
(b) Not be employed by the municipality that is sponsoring the applicant.
(5) The applicant may appeal the evaluation results to the administrator and request a contested case hearing under ORS Chapter 183.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 38-2000, f. 12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp),
f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from
918-098-0065; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered
from 918-098-0065; BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1210
Residential Plumbing Inspectors
(1) A person possessing a "One and Two Family Dwelling Plumbing Inspector" certification prior to July 1, 2005, shall be considered a "Residential Plumbing Inspector" for the purpose of these rules.
(2) A person issued a residential plumbing inspector certification after October 1, 2005 must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential plumbing inspections.
(3) A residential plumbing inspector may conduct inspections for:
(a) Plumbing work regulated by the Oregon Residential Specialty Code, except for apartment buildings; and where connection to the building is not a separate plumbing system.
(b) Plumbing work on manufactured dwelling alterations and manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling and Park Specialty Code.
(4) To qualify to perform work as a residential plumbing inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education or training requirements:
(a) A current division certification as an Oregon Plumbing Specialty Code inspector; or
(b) Two years of experience designing or installing plumbing systems as a journeyman plumber or its equivalent; or
(c) 2 years of experience as a plumbing inspector in another jurisdiction inspecting plumbing systems in commercial or residential structures for compliance with a recognized code for plumbing installations; or
(d) 90 quarter hours or 60 semester hours education and training in mechanical engineering which includes designing and installing plumbing systems through a college or community college; or
(e) Current division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code and:
(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and
(B) Confirmation by the building official of the jurisdiction that employs the applicant that the applicant has completed a one and two family dwelling or residential plumbing inspector cross-training program that meets the minimum requirements established by the division.
(f) Any combination of experience designing, installing or inspecting plumbing systems totaling 3 years.
(5) Persons certified by a nationally recognized certification body to inspect plumbing systems in commercial or residential structures according to a recognized code in plumbing installations shall be granted 1 year of credit toward the experience requirements listed in subsections (4)(b) and (c) of this rule.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.622
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 38-2000, f.
12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp), f. & cert. ef.
7-7-05 thru 12-31-05, Renumbered from 918-098-0220; BCD 24-2005, f.
9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0220; BCD 4-2006,
f. 3-31-06, cert. ef. 4-1-06
918-098-1215
Residential Electrical Inspectors
(1) A person possessing a "One and Two Family Dwelling Electrical Inspector" certification prior to July 1, 2005, shall be considered a "Residential Electrical Inspector" for the purpose of these rules.
(2) A person issued a residential electrical inspector certification after October 1, 2005 must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing residential electrical inspections.
(3) Residential electrical inspectors may conduct inspections for:
(a) Electrical work regulated by the Oregon Residential Specialty Code, excluding for apartment buildings; and
(b) Electrical work on manufactured dwelling alternations and manufactured structure accessory buildings and structures under the Oregon Manufactured Dwelling and Park Specialty Code.
(4) To qualify to perform work as a residential electrical inspector, individuals must demonstrate compliance with at least one of the following minimum experience, education or training requirements:
(a) A current division certification as an Oregon Electrical Specialty Code inspector; or
(b) 2 years of Experience installing electrical systems as a limited residential journeyman electrician or a general journeyman electricians license or their respective equivalents; or
(c) 2 years of experience as an electrical inspector in another jurisdiction inspecting electrical installations in commercial or residential structures for compliance with a recognized code for electrical installations; or
(d) 90 quarter hours or 60 semester hours education and training in electrical engineering which includes designing and installing electrical systems through a college or community college; or
(e) Current division certification as a one and two family dwelling or residential inspector under one or more provisions of the Oregon Residential Specialty Code, and:
(A) 1 year of experience administering and enforcing another provision of the Oregon Residential Specialty Code; and
(B) Confirmation by the Division that an applicant has completed a one and two family dwelling or residential electrical inspector cross-training program that meets the minimum requirements established by the division.
(f) Any combination of experience or education listed in subsections (a) through (d) of this section designing, installing or inspecting electrical systems totaling 3 years.
(5) Persons certified by a nationally recognized certification body to inspect electrical installations in commercial or residential structures according to a recognized code in electrical installations may be granted 1 year of credit toward the experience requirements and may be considered as meeting some requirements of a division approved cross-training program, except the experience listed subsections (4)(b) and (c) of this rule.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.622
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 38-2000, f.
12-29-00, cert. ef. 1-1-01; BCD 16-2005(Temp), f. & cert. ef.
7-7-05 thru 12-31-05, Renumbered from 918-098-0230; BCD 24-2005, f.
9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0230; BCD 4-2006,
f. 3-31-06, cert. ef. 4-1-06
918-098-1300
Certifications Related to Manufactured Structures and Parks
References and Undertakings.
(1) Scope. The rules in OAR 918-098-1300 to 918-098-1330 relate to certifications for inspectors and plans examiners dealing with manufactured dwellings, recreational vehicles, manufactured dwelling parks, organizational camps, recreation parks and picnic parks.
(2) A person issued a manufactured structure installation inspector, recreational vehicle inspector certification, manufactured structure construction inspector, or park and camp inspector certification after October 1, 2005 must also possess a valid Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.
(3) Hiring Non-Certified Persons. The division or a jurisdiction may employ a person not meeting the minimum requirements of OAR 918-098-1305 through 918-098-1320 while the person is being trained or waiting to qualify to take the division examination. During this period the person may only perform inspections or plan reviews under the direct supervision of appropriately certified trainers. Training must be provided by an inspector or plans examiner having a minimum of three years experience in the same certification or a person approved by the board. This rule does not waive the requirements of ORS 455.730 or permit the division or jurisdiction to hire or use persons whose certifications have lapsed or been revoked.
(4) Inspectors and plans examiners of prefabricated structures do not require special certifications but shall have the appropriate certifications required for performing inspections or plan reviews under the specific specialty code being used.
(5) The following definitions apply to OAR 918-098-1300 through 918-098-1330 only. Also, see applicable definitions in OAR 918-098-1005:
(a) "Board" means the Manufactured Structures and Parks Advisory Board.
(b) "Building Construction," relating to experience qualifications, means site-built construction, prefabricated construction or manufactured structure construction.
(c) "One Year," relating to experience qualifications, means 2,000 hours of work experience, 45 or more credit hours of schooling in the quarter system or 30 or more credit hours of schooling in the semester system.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 446.250 & 455.720
Hist.: BCA 25-1990, f. & cert. ef. 10-17-90; BCD 13-1997, f.
9-18-97, cert. ef. 10-1-97; Renumbered from 918-099-0130; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0300; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0300; BCD 4-2006, f. 3-31-06, cert. ef.
4-1-06
918-098-1305
Manufactured Structure Installation Inspector Certification
(1) Scope of Activities and Authority.
(a) A manufactured structure installation inspector conducts on-site field inspections of manufactured dwelling or park trailer installations including site preparation, setbacks, drainage, stand, foundation support, earthquake bracing systems, tie-downs, under-floor enclosures, access, egress, plumbing utility connections (within 30 lineal feet of the manufactured dwelling), mechanical connections and electrical feeder assembly connections (as defined by Article 550 of the National Electrical Code), electrical fixture connections and plumbing, mechanical and electrical crossover connections for manufactured structures under ORS 446.230 and 446.240;
(b) This certification does not include inspections or plan reviews of manufactured dwelling alterations or manufactured structure accessory structures and accessory buildings. See OAR 918-098-1325 and 918-098-1330 for certification requirements.
(c) This certification can be used only in a jurisdiction that:
(A) Meets all of the requirements of this rule and OAR 918-500-0055;
(B) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;
(C) Issues permits according to ORS 446.253; and
(D) Enforces the current edition of the Oregon Manufactured Dwelling and Park Specialty Code and all referenced standards contained therein.
(2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in section (3) of this rule, make application, pay the required fees, attend a division-approved training program and pass a division-approved examination.
(3) Experience, Education and Training Requirements. An applicant must have at least one of the following:
(a) 2 years of supervisory experience in the building construction industry; or
(b) 2 years of experience in design work related to building construction; or
(c) Be a division-certified building inspector or plans examiner; or
(d) 2 years of experience as a quality assurance inspector in a manufactured structure manufacturing plant; or
(e) 2 years of experience as an Oregon licensed manufactured dwelling installer; or
(f) An associate degree or equal from a division-approved education program in a construction-related field; or
(g) Any combination of the experience and education listed in subsections (a) through (f) of this section equaling at least 2 years; or
(h) A one-year certificate of completion in building inspection technology from a division-approved education program and completion of 180 hours working under the supervision of a person with a minimum of three years experience as a certified manufactured structure installation inspector or a person approved by the board.
(4) Inspector Training and Examination. An applicant must successfully complete a division-approved manufactured structure installation inspector training program and pass a division-approved examination covering:
(a) The Oregon Manufactured Dwelling and Park Specialty Code and those standards referenced therein;
(b) ORS 446.003, 446.155 to 446.253, and 446.395 to 446.420; and
(d) OAR chapter 918, divisions 500, 515, 520, and 530.
(5) After October 1, 2005, a Manufactured Structure Installation Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.
(6) Revocation. The division is authorized to revoke this certification under ORS 446.255. Persons certified under this rule who fail to meet the minimum continuing education requirements shall be subject to revocation. If the minimum continuing education is met within 60 days from the date it was originally due, the division shall discontinue any pending revocation action based on a failure to meet minimum continuing education requirements.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 446.250, 446.255 & 455.720
Stats. Implemented: ORS 446.250, 446.255 & 455.720
Hist.: BCA 25-1990, f. & cert. ef. 10-17-90; BCD 13-1997, f.
9-18-97, cert. ef. 10-1-97; Renumbered from 918-099-0135; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0310; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0310; BCD 19-2006, f. 12-29-06, cert. ef.
1-1-07
918-098-1310
Recreational Vehicle Inspector Certification
(1) Scope of Activities and Authority. A recreational vehicle inspector conducts field, dealer lot, repair operation, alteration, visual and manufacturing plant inspections, reviews plans and provides other technical services for recreational vehicle manufacturers, dealers and owners in accordance with ORS 446.185 and 446.160(1).
(2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in section (3) of this rule, make application, pay the required fees and pass a division-approved examination.
(3) Experience, Education and Training Requirements. An applicant for certification as a recreational vehicle inspector must have at least one of the following:
(a) 2 years of experience as a supervisor in the building construction industry;
(b) 2 years of experience in design work related to building construction;
(c) 2 years of experience as a certified building inspector or plans examiner;
(d) 2 years of experience as a quality assurance inspector in a manufactured structure plant;
(e) 2 years of experience as a division-certified recreational vehicle quality assurance technician;
(f) 2 years of code-related experience as a recreational vehicle technician;
(g) An associate degree or equal from a division-approved education program in a construction-related field;
(h) Any combination of the experience and education listed in subsections (a) through (g) of this section equaling at least 2 years; or
(i) A one-year certificate of completion in building inspection technology from a division-approved education program and completion of 800-hours working under the supervision of a person with a minimum of three years experience as a certified recreational vehicle inspector or a person approved by the board.
(4) Inspector Examination. An applicant for certification as a recreational vehicle inspector must pass a division-approved examination covering the following:
(a) American National Standards Institute (ANSI) A119.2 (1999 Edition);
(b) American National Standards Institute (ANSI) A119.5 (1998 Edition);
(c) National Electrical Code (NFPA) 70 (2005 Edition);
(d) ORS 446.003 and 446.155 to 446.253; and
(e) OAR chapter 918, divisions 525 and 530.
(5) After October, 1 2005, a Recreational Vehicle Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCA 25-1990, f. & cert. ef. 10-17-90; BCD 13-1997, f.
9-18-97, cert. ef. 10-1-97; Renumbered from 918-099-0140; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0320; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0320; BCD 19-2006, f. 12-29-06, cert. ef.
1-1-07
918-098-1315
Manufactured Structure Construction Inspector Certification
(1) Scope of Activities and Authority. A manufactured structure construction inspector conducts field, dealer lot, consumer assistance, alteration, visual and manufacturing plant inspections, reviews plans and provides technical services for manufactured dwelling manufacturers, dealers and owners.
(2) Procedure for Qualification. An applicant for this certification must meet the general qualifications in section (3) of this rule, make application, pay the required fees and pass a division-approved examination.
(3) Experience, Education and Training Requirements. An applicant for certification as a manufactured structure construction inspector must have at least one of the following:
(a) 2 years of experience as a supervisor in the building construction industry;
(b) 2 years of experience in design work related to building construction;
(c) 2 years of experience as a certified building inspector or plans examiner;
(d) 2 years of experience as a quality control inspector in a manufactured structures plant;
(e) An associate degree or equal from a division-approved education program in a construction-related field; or
(f) Any combination of the experience and education listed in subsections (a) through (e) of this section equaling at least two years; or
(g) A one-year certificate of completion in building inspection technology from a division-approved education program and completion of 800-hours working under the supervision of a person with a minimum of three years experience as a certified manufactured structure construction inspector or a person approved by the board.
(4) Inspector Examination. An applicant for certification as a manufactured structure construction inspector must pass a division-approved examination covering:
(a) Oregon Manufactured Dwelling and Park Specialty Code;
(b) National Electrical Code (NFPA) 70 (2005 Edition);
(c) Manufactured Home Construction and Safety Standards Act;
(d) Public Law 93-383, Title VI;
(e) ORS 446.003 and 446.155 to 446.253;
(f) OAR chapter 918, divisions 500 and 520; and
(5) After October, 1 2005, a Manufactured Structure Construction Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 446.250 & 455.720
Stats. Implemented: ORS 446.250 & 455.720
Hist.: BCA 25-1990, f. & cert. ef. 10-17-90; BCD 13-1997, f.
9-18-97, cert. ef. 10-1-97; Renumbered from 918-099-0145; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0330; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0330; BCD 19-2006, f. 12-29-06, cert. ef.
1-1-07
918-098-1320
Park and Camp Inspector Certification
(1) Scope of Activities and Authority.
(a) A park and camp inspector conducts field inspections, reviews plans and provides other technical services for manufactured dwelling parks, recreational parks, organizational camps and picnic parks under ORS 446.066 and 446.335.
(b) This certification can be used only in a jurisdiction that:
(A) Meets all of the requirements of this rule;
(B) Complies with ORS 446.430, 455.170 and 455.680 relating to the delegation of full responsibility for permit issuance and inspections; and
(C) Issues permits, enforces the current edition of ORS Chapter 446, OAR chapter 918, divisions 600 and 650 and all referenced standards contained therein.
(2) Procedure for Qualification. An applicant for certification under this rule must meet the general qualifications in section (3) of this rule, make application, pay the required fees and pass a division-approved examination.
(3) Experience, Education and Training Requirements. An applicant for certification as a park and camp inspector must have at least one of the following:
(a) 2 years of experience as a supervisor in the building or road construction industry;
(b) 2 years of experience in design work related to building or road construction;
(c) 2 years of experience as a road construction inspector;
(d) 2 years of experience as a surveyor or landscape architect;
(e) 2 years of experience as a registered sanitarian;
(f) 2 years of experience as an Oregon licensed manufactured dwelling installer;
(g) A division certification as a building inspector or plans examiner;
(h) An associate degree or equal from a division-approved education program in a construction-related field; or
(i) Any combination of the experience and education listed in subsection (a) through (h) of this section equaling 2 years; or
(j) A one-year certificate of completion in building inspection technology from a division-approved education program and completion of 180-hours working under the supervision of a person with a minimum of three years experience as a certified park and camp inspector or a person approved by the board.
(4) Inspector Examination. An applicant for certification under this rule must pass a division-approved park and camp inspector certification examination covering:
(a) ORS 446.003 to 446.140, 446.310 to 446.350, 446.430, 455.170, and 455.680;
(b) OAR chapter 918, divisions 600 and 650; and
(c) Oregon Manufactured Dwelling and Park Specialty Code, Chapters 1, 2, 9, and 10.
(5) After October 1, 2005, a Park and Camp Inspector must also possess an Oregon Inspector Certification issued under OAR 918-098-1025 prior to performing inspections.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCA 25-1990, f. & cert. ef. 10-17-90; BCD 13-1997, f.
9-18-97, cert. ef. 10-1-97; Renumbered from 918-099-0150; BCD
16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered
from 918-098-0340; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05,
Renumbered from 918-098-0340; BCD 19-2006, f. 12-29-06, cert. ef.
1-1-07
918-098-1325
Requirements for Alteration Inspection and Plan Review of Manufactured Dwellings
(1) Scope of Work. Manufactured dwelling alteration inspec-tions and plan reviews include on-site field inspections of alterations including structural, fire and life safety, electrical, plumbing and mechanical alterations made to manufactured dwellings after the initial sale of the home to the first consumer after all the terms of the sales contract have been met. Most alteration inspections made prior to this time are the responsibility of the division and must be performed by a certified manufactured structure construction inspector. All alteration inspections made to recreational vehicles and park trailers are the responsibility of the division and must be performed by a certified recreational vehicle inspector.
(2) Certifications. Inspectors of manufactured dwelling alterations are required to be certified by ORS 446.250. The division requires that persons performing inspections or plan reviews on manufactured dwelling alterations have:
(a) The appropriate Oregon Code Certification under OAR 918-098-1015 for the Oregon Residential Specialty Code for the specific discipline being used issued prior to October 1, 2005; or
(b) An Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010; or
(f) An Oregon Code Certification issued under OAR 918-098-1210 or 918-098-1215 after October 1, 2005.
(3) The requirement in section (2) is not applicable to alteration inspections performed on manufactured homes still under the jurisdiction of the U.S. Department of Housing and Urban Development (HUD), recreational vehicles or park trailers.
(4) Authority. Inspectors and plans examiners of manufactured dwelling alterations may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling alteration program and that:
(a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;
(b) Issues permits and enforces the current edition of ORS Chapter 446 and OAR chapter 918, divisions 500 and 520;
(c) Meets the requirements of OAR 918-500-0055 for delegation; and
(d) Enforces the current edition of the Oregon Manufactured Dwelling and Park Specialty Code and all referenced standards contained therein.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 446.250 & 455.720
Stats. Implemented: ORS 446.250 & 455.720
Hist.: BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97; BCD 16-2005(Temp),
f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from
918-098-0350; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered
from 918-098-0350; BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1330
Manufactured Structure Accessory Structure or Accessory Building Inspection
(1) Scope of Work. Manufactured structure accessory struc-ture or accessory building inspections and plan reviews include on-site field inspections of installations of manufactured structure accessory structures and accessory buildings (i.e., carports, ramadas, cabanas, garages, storage sheds, awnings, decks, steps and ramps).
(2) Certifications. Inspectors of manufactured structure accessory structures and accessory buildings are required to be certified by ORS 446.250. To satisfy this mandate, the division requires that persons performing inspections or plan reviews on manufactured structure accessory structures or accessory buildings have the appropriate Oregon Code Certification under OAR 918-098-1015 or the Oregon Inspector Certification and the appropriate ICC Residential Certification as described in OAR 918-098-1010 for the Oregon Residential Specialty Code for the specific discipline being used.
(3) Authority. Inspectors of manufactured structure accessory structures and accessory buildings may only inspect or review plans in a jurisdiction that has been delegated the manufactured dwelling accessory structure and accessory building program and that:
(a) Complies with ORS 446.250 and 446.253(2) relating to the delegation of full responsibility for permit issuance and inspections;
(b) Complies with the Oregon Manufactured Dwelling and Park Specialty Code and all referenced standards contained therein;
(c) Issues permits and enforces the current edition of ORS Chapter 446 and OAR chapter 918, division 500;
(d) Meets the requirements of OAR 918-500-0055 for delegation; and
(e) Enforces of the current edition of the Oregon Manufactured Dwelling and Park Specialty Code and all referenced standards contained therein.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 446.250 & 455.720
Stats. Implemented: ORS 446.250 & 455.720
Hist.: BCD 13-1997, f. 9-18-97, cert. ef. 10-1-97; BCD 16-2005(Temp),
f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from
918-098-0360; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered
from 918-098-0360; BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1410
Cross-Training Programs for Residential Certifications
(1) A building inspection program that elects to administer, use or participate in a cross-training program for residential inspectors shall follow a division approved standardized cross-training program that can be used in any jurisdiction or submit the following information to the division:
(a) The names and copy of the certifications of the cross-training program supervisor and instructors;
(b) A description of the purpose and scope of the cross-training program;
(c) A description of the various training methods covering the Oregon Residential Specialty Code; and
(d) The method of evaluating whether a trainee has satisfactorily completed the cross-training program.
(2)The cross-training program supervisor or instructors shall:
(a) Possess an A-level or commercial certification and an Oregon Inspector certification in the program area the individual is responsible for supervising; and
(b) Shall maintain records of all trainees who participate in the residential plans examiner or inspector cross-training program.
(3) The division may monitor or inspect the records of residential cross-training programs on a periodic basis.
(4) A municipality may enroll its trainees in a division approved program sponsored by another jurisdiction or provided by a private entity or school. The jurisdiction, private entity, or school shall maintain records of all trainees who participate in the cross-training program.
(5) Cross-training programs must follow all applicable code-change cycles and the programs must be amended accordingly. Amendments shall be submitted in writing to the division for approval.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 455.622
Stats. Implemented: ORS 455.622
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 15-1997, f.
9-30-97, cert. ef. 10-1-97; BCD 38-2000, f. 12-29-00, cert. ef.
1-1-01; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05,
Renumbered from 918-098-0410; BCD 24-2005, f. 9-30-05, cert. ef.
10-1-05, Renumbered from 918-098-0410; BCD 4-2006, f. 3-31-06, cert.
ef. 4-1-06
918-098-1420
Education Program Requirements
(1) Educational institutes may submit a written application to the division for approval of their education program.
(2) Programs shall be resubmitted for review and approval every three years following initial approval.
(3) Class room and laboratory instructors shall possess an appropriate inspector certification for the specialty code area being taught.
(4) All class room and laboratory instruction shall be based on the specialty codes adopted by the division or the corresponding nationally recognized model codes.
(5) All classes shall be updated with the most recent adopted code-changes. Program amendments shall be submitted to the division for review and approval.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0420;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0420
918-098-1430
Timeline for Education Program Approval
(1) To be approved for a school year beginning in September, new education programs shall be submitted to the division by June 1 of the prior year for review.
(2) The division shall request any needed additional information by July 1.
(3) The education institution shall submit requested information by August 1.
(4) The division shall issue program approval or disapproval by October 1 for programs for the following calendar year.
(5) Updated programs based on new code adoptions or code-changes shall be submitted to the division for approval within 30 days of the effective date of the code adoption or code-change.
(6) Education programs submitted for the three-year review and re-approval shall follow the timeline in this rule.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 15-1997, f. 9-30-97, cert. ef. 10-1-97; BCD 16-2005(Temp),
f. & cert. ef. 7-7-05 thru 12-31-05, Renumbered from
918-098-0425; BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered
from 918-098-0425
918-098-1440
Approval of Inspector Continuing Education and Educational Programs
(1) Applications for approval of continuing education and educational programs must be filed at least 45 days prior to the date of the proposed class or beginning date of training. The 45-day period or any other procedural rule controlling these programs may be waived if the administrator determines there is an emergency.
(2) The application must describe the course objectives, qualifications for entry into the course, course content, materials to be used, length of class, field time if applicable, and instructor names and qualifications.
(3) Where continuing education credits are sought, the application must show the number of credits sought for the course and provide justification.
(4) Instructors approved by the division to teach code-change courses shall be granted the same number of continuing education credit hours as those attending the course.
(5) Persons or organizations requesting reimbursement from the division training funds for education programs must have a valid contract with the division or specific written approval from the division at the time of course offering.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.725
Hist.: BCA 16-1992, f. & cert. ef. 8-11-92; BCD 8-1997, f. &
cert. ef. 4-1-97; Renumbered from 918-099-0500; BCD 15-1997, f.
9-30-97, cert. ef. 10-1-97; BCD 16-2005(Temp), f. & cert. ef.
7-7-05 thru 12-31-05, Renumbered from 918-098-0430; BCD 24-2005, f.
9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0430; BCD
19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1450
Continuing Education Requirements
(1) Persons performing inspections and plan review in Oregon are required to obtain at least 16 hours of continuing education every three years, beginning January 1, 2006.
(2) At least one course during each three-year cycle must be a division-approved code-change course related to the scope of work allowed under each certification, if the code related to that specific certification changed during the cycle.
(3) In addition to the minimum hours in section (1), if a person has more than one Oregon Code Certification or ICC certification, for each certification the person must take at least one division-approved code-change course.
(4) Building officials shall be required to obtain six hours continuing education credits every other year in classes related to the duties of a building official. The classes must also include at least one division approved class covering new legislation relating to the administration and enforcement of building inspection programs within one year after the legislature adjourns.
(5) The division may periodically verify that a person is maintaining and recording their continuing education.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06,
cert. ef. 4-1-06; BCD 19-2006, f. 12-29-06, cert. ef. 1-1-07
918-098-1455
High Priority Training
In addition to the continuing education requirements in 918-098-1450, the division may require building officials, inspectors, and plans examiners to take high priority training when the division identifies new technologies or specific problem areas.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
918-098-1460
Waiver of Continuing Education Requirements Due to Hardship or Illness
The administrator may extend the period to comply with code-change continuing education requirements in case of hardship or illness. Requests for extension shall:
(1) Be in writing;
(2) Describe the nature of the hardship or illness and the reason why the applicant is unable to comply with the continuing education requirements; and
(3) State when the person will be able to complete the continuing education requirements.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCA 16-1992, f. & cert. ef. 8-11-92; BCA 33-1993, f. &
cert. ef. 12-14-93; BCD 8-1997, f. & cert. ef. 4-1-97; Renumbered
from 918-099-0630; BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru
12-31-05, Renumbered from 918-098-0470; BCD 24-2005, f. 9-30-05,
cert. ef. 10-1-05, Renumbered from 918-098-0470
918-098-1470
Duties and Responsibilities of Certified Building Officials, Inspectors, and Plans Examiners
(1) Persons who hold an Oregon Inspector Certification or an Oregon Code Certification must act in the public interest in performing their duties as a building official, inspector, or plans examiner, including but not limited to:
(a) Obtaining and maintaining any appropriate national or Oregon Code Certification prior to performing their duties;
(b) Completing all required continuing education requirements and maintaining records of completion of continuing education courses required for each national and Oregon certification sufficient to demonstrate compliance with OAR 918-098-1450;
(c) Enforcing all appropriate building code statutes, and rules adopted thereunder, including but not limited to specialty codes, including statewide code interpretations, directives, orders, or other building program requirements and allowing the use of alternate method rulings;
(d) Adhering to all applicable building code statutes and rules adopted thereunder; and
(e) Notifying the division of any changes of name or address in a manner prescribed by the division within 10 business days; and
(f) Implementing a division approved cross-training program for residential electrical inspectors, and residential plumbing inspectors under OAR 918-098-1410.
(2) After a code or code edition is adopted by the division, persons who hold an Oregon Inspector Certificate and hold the national certification for that specialty code must re-certify their national certification to the new code or code edition at the next available renewal cycle of the national certification. If an inspector re-certifies a national certification to the newest edition of the national code(s) before that code edition is adopted in Oregon, such re-certification shall be considered as a current national certification for the purposes of these rules.
(3) If an inspector fails to maintain or does not possess a current national certification, the inspector shall not perform inspections or plan review for that particular specialty code.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05; BCD 4-2006, f. 3-31-06,
cert. ef. 4-1-06
918-098-1480
Additional Responsibilities for Building Officials
In addition to the above responsibilities, all certified individuals who are performing the duties of the building official shall also:
(1) Ensure a person is properly certified under these rules and meets the minimum experience requirements prior to allowing the individual to perform plan reviews and inspections;
(2) Ensure all inspectors and plans examiners in the municipality take all required continuing education and track the continuing education in a manner prescribed by the division; and
(3) Ensure all applicable building code statutes and rules, including statewide code interpretations, directives and other building program requirements and allowing the use of statewide alternate method rulings are enforced and carried out through their certified individuals in their municipality.
Stat. Auth.: ORS 455.720
Stats. Implemented: ORS 455.720
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
918-098-1500
Building Official and Inspector Sanctions Process
(1) The division shall establish uniform procedures for the processing and resolution of complaints relating to building officials and inspectors certified pursuant to ORS 455.735. The division may condition, suspend or revoke a certification in the course of resolving a complaint.
(2) Failure to act "in the public interest in the performance of their duties" in accordance with ORS 455.740 shall include, but not be limited to:
(a) Providing or having knowledge of, false education, work experience or documentation being used to meet certification or continuing education requirements, or during the examination, using unauthorized notes, examinations or examination answers at an examination, copying from another, allowing another to copy or otherwise use unauthorized methods to gain an advantage or give another person an advantage during an examination;
(b) Failing to complete continuing education requirements;
(c) Permitting, allowing or performing plan reviews or inspections without proper certification;
(d) Engaging in a pattern that fails to enforce the specialty code, including statewide code interpretations, site-specific interpretations, directives or other building program requirements and failure to allow the use of alternate method rulings;
(e) After notification, engaging in a pattern of requiring construction or installations to exceed the requirements of the specialty codes, unless otherwise specified by the designer(s);
(f) Requiring an individual to approve structures or installations that do not comply with the specialty codes;
(g) Failing to properly perform inspections or plan reviews;
(h) Engages in unprofessional behavior; or
(i) Any other activity prejudicial to the administration and enforcement of the state building code.
(3) Applicants sanctioned under this rule may be required to wait at least one year from the date the application was denied before they may re-apply for any certification.
(4) Upon a finding of a violation of section (2) of this rule, the director may, in accordance with the requirements of ORS Chapter 183, place conditions on a certification in lieu of suspension or revocation.
(5) In determining the appropriate sanction any applicable factors shall be taken into account, including, but not limited to:
(a) Prior history of violations;
(b) Extent to which corrective action was taken; and
(c) The element of risk or danger to any person caused by the violation.
(6) Certifications of building officials, plans examiners and inspectors who do not comply with the code-change education or continuing education requirements contained in these rules shall lapse. Persons whose certifications have lapsed for failure to comply with code-change or continuing education requirements shall be required to re-apply for certification and take a division-approved examination in the same manner as a new applicant.
Stat. Auth.: ORS 455.740
Stat. Implemented.: ORS 455.740
Hist.: BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01; BCD 11-2004, f.
8-13-04, cert. ef. 10-1-04; BCD 16-2005(Temp), f. & cert. ef.
7-7-05 thru 12-31-05, Renumbered from 918-098-0500; BCD 24-2005, f.
9-30-05, cert. ef. 10-1-05, Renumbered from 918-098-0500
918-098-1600
Purpose and Scope
The provisions of OAR 918-098-1600 to 918-098-1630 establish the background qualifications and the evaluation and testing criteria to be registered as a post-earthquake structural damage inspector.
Stat. Auth.: ORS 455.100 & 455.448
Stats. Implemented: ORS 455.448 & 455.449
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0600;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0600; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06
918-098-1610
Definitions
For the purposes of OAR 918-098-1600 to 918-098-1630, the following definitions apply:
(1) "Building Inspector" as set forth in ORS 455.448 means a person registered pursuant to the provisions of OAR 918-098-1620 as either a general post-earthquake inspector or a limited post-earthquake inspector;
(2) "General Post-Earthquake Damage Inspector" means a person registered under the provisions of OAR 918-098-1620 or appointed by the director pursuant to ORS 455.448 to perform post-earthquake damage and habitability assessments on all structures; and
(3) "Limited Post-Earthquake Damage Inspector" means a person registered under the provisions of OAR 918-098-1620 or appointed by the director pursuant to ORS 455.448 to perform post-earthquake damage and habitability assessments on detached one- and two-family dwellings, rowhouses and townhouses less than three stories in height and their accessory structures less than three stories in height.
Stat. Auth.: ORS 455.100 & 455.448
Stats. Implemented: ORS 455.448 & 455.449
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0610;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0610
918-098-1620
Post Earthquake Damage Inspector Registration Requirements
All persons seeking registration as a post-earthquake inspector must complete a division application form and complete a division approved Applied Technology Council (ATC) training course within three years of application.
(1) To be registered as a general post-earthquake damage inspector, an applicant must:
(a) Be registered in any state as an architect, or be qualified by training and experience to take the Oregon examination for registration as an architect; or
(b) Be certified in the state of Oregon as an A-level, B-level structural or fire and life safety plans examiner or inspector, or be qualified to take the Oregon A-level, B-level commercial or fire and life safety plans examiner or inspector certification examination; or
(c) Possess a current ICC Commercial Building Inspector, Commercial Building Plans Examiner or Commercial Fire Plans Examiner certificate; or
(d) Be registered in any state as a certified professional engineer in civil or structural engineering, or be qualified by education and experience to take the Oregon certified professional engineer examination in civil or structural engineering, even though the applicant has not taken the Fundamentals of Engineering examination.
(2) To be registered as a limited post-earthquake damage inspector, an applicant must:
(a) Meet any of the qualifications listed in subsection (1) of this rule;
(b) Be certified in the State of Oregon as a residential structural inspector; or
(c) Be certified in the State of Oregon as a residential plans examiner; or
(d) Possess a current ICC Residential Building Inspector certificate.
Stat. Auth.: ORS 455.100 & 455.448
Stats. Implemented: ORS 455.448 & 455.449
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0620;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0620; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 19-2006,
f. 12-29-06, cert. ef. 1-1-07
918-098-1630
Post-Earthquake Damage Inspector Continuing Education Requirements
(1) Post-earthquake damage inspectors must fulfill the following continuing education requirements every three years, beginning January 1, 2007:
(a) Completion of a division-approved Applied Technology Council (ATC) training course; or
(b) Participation in at least one emergency exercise drill, or actual emergency event.
(2) The division may periodically verify compliance with these continuing education requirements.
Stat. Auth.: ORS 455.100 & 455.448
Stats. Implemented: ORS 455.448 & 455.449
Hist.: BCD 8-1997, f. & cert. ef. 4-1-97; BCD 16-2005(Temp), f.
& cert. ef. 7-7-05 thru 12-31-05, Renumbered from 918-098-0630;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05, Renumbered from
918-098-0630; BCD 4-2006, f. 3-31-06, cert. ef. 4-1-06; BCD 19-2006,
f. 12-29-06, cert. ef. 1-1-07
918-098-1900
Citation Requirement Effective January 1, 2006
In addition to any other requirements set forth in statute and rule, beginning January 1, 2006, all inspectors and plans examiners certified under Division 098, OAR 918-225-0540, 918-281-0020 918-695-0400, and ORS 460.055 issuing corrective notices at construction sites or to buildings or related appurtenances during a plan review must adequately cite the applicable specialty code sections, Oregon administrative rules, or statutes whenever a re-inspection is required as a result of the inspection or plan review.
Stat. Auth.: ORS 455.720 & 455.740
Stats. Implemented: ORS 455.720 & 455.740
Hist.: BCD 16-2005(Temp), f. & cert. ef. 7-7-05 thru 12-31-05;
BCD 24-2005, f. 9-30-05, cert. ef. 10-1-05
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