OAR 918-020-0210
Nonconformance Notice and Program Revocation

(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.

Source: Rule 918-020-0210 — Nonconformance Notice and Program Revocation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=918-020-0210.

918–020–0010
Relationship of Delegation Rules to Statute 918–020–0015
Definitions 918–020–0020
Cooperation with Other Agencies 918–020–0070
Purpose and Scope 918–020–0080
Delegation of Building Inspection Programs 918–020–0090
Program Standards 918–020–0091
Citation Process for Licensing Violations 918–020–0094
Program Assumption for State-Administered Jurisdictions 918–020–0095
Program Assumption Procedures 918–020–0105
Renewal of Existing Programs 918–020–0180
Reporting Periods 918–020–0190
Program Review 918–020–0200
Review Procedures 918–020–0210
Nonconformance Notice and Program Revocation 918–020–0220
Fee Adoption Standards 918–020–0370
Local Amendment Requests 918–020–0380
Electric Vehicle Ready Parking 918–020–0390
Alternative Approval Process for Single-Family Dwelling Conversions 918–020–0400
Statewide Master Builder Program — Application, Scope and Purpose 918–020–0410
Statewide Master Builder Program — Definitions 918–020–0420
Statewide Master Builder Program — Training and Experience Required of an Individual 918–020–0430
Voluntary Establishment of a Master Builder Program 918–020–0440
Statewide Master Builder Program — Inspection Requirements that May Be Waived 918–020–0450
Statewide Master Builder Program — Criteria to Waive Inspections or Plan Review 918–020–0460
Statewide Master Builder Program — Verification Requirements 918–020–0470
Statewide Master Builder Program — Assumption of Responsibility 918–020–0480
Statewide Master Builder Program — Revocation of Waiver 918–020–0490
Statewide Master Builder Program — Effective Dates
Last Updated

Jun. 8, 2021

Rule 918-020-0210’s source at or​.us