Protection of Buildings From Fire

ORS 479.855
City and county inspection and enforcement programs

(1)

In addition to the provisions of ORS 455.010 (Definitions for ORS chapter 455) to 455.310 (Single-family residence repair and maintenance exempt from codes) and 455.410 (Relocated buildings) to 455.740 (Denial of certificate), any inspection and enforcement program established by a city or county under ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) is subject to the provisions of this section. Where the provisions of this section conflict with provisions under ORS 455.010 (Definitions for ORS chapter 455) to 455.310 (Single-family residence repair and maintenance exempt from codes) and 455.410 (Relocated buildings) to 455.740 (Denial of certificate), the provisions of this section shall control.
(2)(a) Except as otherwise provided in this section, any city or county that wishes to establish a program under ORS 455.150 (Selective municipal building inspection programs) to enforce and administer ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and 479.995 (Civil penalty for violation of ORS 479), including a program for inspection under a master permit pursuant to ORS 479.560 (Issuance of permit) (3), must first make application to the Department of Consumer and Business Services. The program for inspection under a master permit shall be delegated separately from the general electrical program authorization. The department may authorize the city or county to administer and enforce the provisions of this section and ORS 479.540 (Exemptions) and 479.560 (Issuance of permit) if it finds that the city or county can comply with the minimum standards and meet the qualifications for inspections, permit applications and other matters to assure adequate administration and enforcement of electrical inspection programs. The department may authorize the city or county to administer and enforce ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and 479.995 (Civil penalty for violation of ORS 479) if the department finds that the city or county:

(A)

Can comply with minimum standards adopted by the Electrical and Elevator Board by rule for inspections, permit applications and other matters to assure adequate administration and enforcement of ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and 479.995 (Civil penalty for violation of ORS 479).

(B)

Can conduct the electrical plan review, if required by the city or county, in a timely manner and by qualified personnel who meet the standards adopted by rule by the board.

(b)

The city or county must assume full responsibility allowed under ORS 455.010 (Definitions for ORS chapter 455) to 455.310 (Single-family residence repair and maintenance exempt from codes) and 455.410 (Relocated buildings) to 455.740 (Denial of certificate) for the enforcement, inspection and administration of the electrical safety laws under that specialty code and ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and 479.995 (Civil penalty for violation of ORS 479). This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

(3)

The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 (Comprehensive municipal building inspection programs) or 455.150 (Selective municipal building inspection programs) if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.
(4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

(b)

A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

(A)

Emergency circumstances exist; and

(B)

The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

(c)

Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

(5)

A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 §37; 1987 c.575 §1; 1991 c.368 §3; 1991 c.373 §1; 1991 c.439 §1; 1993 c.451 §3; 2001 c.573 §20]
Source

Last accessed
Mar. 11, 2023

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