Chapter 432 Oregon Laws 1999

Session Law

AN ACT

SB 287

Relating to building permit fees; amending ORS 455.210; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 455.210 is amended to read:

455.210. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees shall not exceed 130 percent of the fee schedule printed in the "Uniform Building Code," 1979 Edition, and in the "Uniform Mechanical Code," 1979 Edition, both published by the International Conference of Building Officials. Fees shall not be effective until approved by the Oregon Department of Administrative Services.

(2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

(3)(a) A municipality may, for the types of permits described in subsection (1) of this section, adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of the structural code, mechanical code or One and Two Family Dwelling Code for which the municipality has assumed responsibility under ORS 455.150.

(b) Ten or more persons or an association with 10 or more members may, within 30 days of the adoption of a fee under paragraph (a) of this subsection, appeal the fee to the Director of the Department of Consumer and Business Services. Within 60 days of the receipt of the appeal, the director shall, after notice to affected parties and hearing, review the municipality's costs of administering and enforcing the specialty code or codes referred to in paragraph (a) of this subsection and approve the fee if the director feels it is necessary and reasonable. If the director does not approve the fee upon appeal, the fee shall not be effective. The appeal process provided in this paragraph shall not apply to fees that have been submitted for a vote and approved by a majority of the electors voting on the question.

(c) Fees collected by a municipality under this subsection shall be used only for the administration and enforcement of the specialty code or codes referred to in paragraph (a) of this subsection for which they were adopted.

(4) Notwithstanding any other provision of ORS 455.010 to 455.315 and 455.410 to 455.740, for the purpose of partially defraying state administrative costs, there is hereby imposed a surcharge in the amount of [two] four percent of the total permit fees collected. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(5) Notwithstanding any other provisions of ORS 455.010 to 455.315 and 455.410 to 455.740, for the purpose of partially defraying state inspection costs, there is hereby imposed a surcharge in the amount of two percent of the total permit fees collected. Municipalities shall collect and remit to the director as provided in ORS 455.220.

(6) The director shall adopt administrative rules to allow reduced fees for review of plans which have been previously reviewed.

SECTION 2. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 1, 1999

Filed in the office of Secretary of State July 2, 1999

Effective date July 1, 1999

__________