OAR 918-098-4002
Flexibility after COVID-19 and the 2020 Wildfires, and in Anticipation of Future Emergencies

(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 (Scope of Work Allowed for Persons with an Oregon Inspector Certification and Oregon Code Certifications), 918-281-0020 (Electrical Specialty Code Inspector Certification), and 918-695-0400 (Rules Establishing Certification for Plumbing Inspectors), 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 (Conflict of Interest for Building Officials, Inspectors, and Plans Examiners)(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 (Licensing specialty code inspectors and plan reviewers), 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 (Purpose) 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 (Energizing of electrical installations) and OAR 918-311-0070 (Use and Content of a Written Request to Reconnect an Electrical Installation);

(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.

Source: Rule 918-098-4002 — Flexibility after COVID-19 and the 2020 Wildfires, and in Anticipation of Future Emergencies, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=918-098-4002.

918–098–1000
Purpose and Scope 918–098–1005
Definitions 918–098–1010
Certification Exemptions 918–098–1012
Scope of Work Allowed for Persons with an Oregon Inspector Certification and a Nationally Recognized Certification 918–098–1015
Scope of Work Allowed for Persons with an Oregon Inspector Certification and Oregon Code Certifications 918–098–1020
Expanded Scope of Work for Oregon A- or B-Level or Commercial Mechanical Inspectors 918–098–1025
Certification Requirements 918–098–1028
Oregon Inspector Certification Renewal Process 918–098–1100
2016 Certification Transition 918–098–1210
Residential Plumbing Inspectors 918–098–1215
Residential Electrical Inspectors 918–098–1300
Certifications Related to Manufactured Structures and Parks 918–098–1305
Manufactured Structure Installation Inspector Certification 918–098–1315
Manufactured Structure Construction Inspector Certification 918–098–1320
Park and Camp Inspector Certification 918–098–1325
Requirements for Alteration Inspection and Plan Review of Manufactured Dwellings 918–098–1330
Manufactured Structure Accessory Structure or Accessory Building Inspection 918–098–1410
Cross-Training Programs for Residential Certifications 918–098–1420
Education Program Requirements 918–098–1430
Timeline for Education Program Approval 918–098–1440
Approval of Inspector Continuing Education and Educational Programs 918–098–1450
Continuing Education Requirements 918–098–1455
High Priority Training 918–098–1460
Waiver of Continuing Education Requirements Due to Hardship or Illness 918–098–1470
Duties and Responsibilities of Certified Building Officials, Inspectors, and Plans Examiners 918–098–1475
Conflict of Interest for Building Officials, Inspectors, and Plans Examiners 918–098–1480
Additional Responsibilities for Building Officials 918–098–1500
Building Official and Inspector Sanctions Process 918–098–1505
Oregon Inspector Certification Sanctions 918–098–1510
Purpose and Scope 918–098–1520
Specialized Inspector Qualifications 918–098–1525
ORS 455.732 Inspector Certifications 918–098–1530
Training Programs 918–098–1540
Specialized Inspector Examination 918–098–1550
Specialized Inspector Certification Issuance and Expiration 918–098–1570
Specialized Plumbing Inspector Certification 918–098–1580
Specialized Electrical Inspector Certification 918–098–1590
Specialized Finals Inspector Certification 918–098–1591
Specialized Finals Inspector Certification Scope of Authority 918–098–1900
Corrective Notices — Cite-it Write-it Requirement 918–098–4002
Flexibility after COVID-19 and the 2020 Wildfires, and in Anticipation of Future Emergencies
Last Updated

Jun. 8, 2021

Rule 918-098-4002’s source at or​.us