OAR 918-020-0095: Program Assumption Procedures

(1) Assumption of building inspection programs shall be approved only under ORS Chapters 455 and 479 and these rules, for municipalities meeting the following minimum standards. Municipalities requesting to assume new programs or additional parts of a program must provide a full-service program as described in ORS Chapter 455. The municipality shall prepare an assumption plan demonstrating its ability to: (a) Administer the program for at least four years; (b) Maintain or improve upon service levels presently provided to the area, including identifying proposed staffing, service contracts and intergovernmental agreements for at least the first two years; (c) Operate a program that is financially feasible for at least two years without unduly increasing short-term and long-term costs of services to the public, in the areas administered by the municipality. Information showing how the program will be financially feasible shall include an estimate of anticipated revenues and expenditures, the assumptions on which the estimates are based, and an explanation of how losses, if any, will be funded; and (d) Transition the program from the previous service provider including developing a method for: (A) Transferring responsibility for existing buildings, open plan reviews, permits and inspections and corresponding revenues for completion of outstanding work; (B) Transferring any pending enforcement actions; (C) Informing contractors and others of the change of inspecting jurisdictions, jurisdictional boundaries and requirements for plan review, permits and inspections; and (D) Transferring any affected employees consistent with ORS 236.605. (e) Appoint or employ a person to serve as the building official pursuant to OAR 918-020-0090(1)(n) and either ORS 455.148(3) or 455.150(3). (2) A municipality requesting to administer and enforce a new full-service building inspection program under ORS 455.148, or part of a building inspection program to become full-service under ORS 455.148 and 455.150 shall, by October 1: (a) Submit a completed division program administration form, which is available on the division’s website, describing the specialty codes the municipality intends to administer effective July 1 of the following year, and provide the following: (A) An assumption plan as required in ORS 455.148 and Section (1) of this rule; (B) An operating plan as described in OAR 918-020-0090; (C) A schedule, including the date, time, place and subject matter, of any proposed meetings of public or advisory bodies, where public comments will be received concerning their proposal to assume a full-service program or part of a program; (D) Evidence of compliance with the notice and consultation requirements of this section; and (E) When a municipality reapplies to assume administration of a program that was previously revoked, the application shall include an explanation of how past deficiencies were corrected and how they will be prevented in the future, and it shall meet the requirements of ORS 455.148 and 455.150 including timelines and full-service coverage. (b) Consult with the jurisdiction from whom the program will be assumed, to: (A) Notify them of the intent to assume the program; (B) Discuss with them any impacts on their existing program; (C) Attempt to resolve any negative impacts; and (D) Attempt to reach agreement on the method of providing services in the area. (3) Upon receipt of an application for program assumption from a municipality, the division shall, by October 15, notify in writing all persons on the division maintained interested party mailing list. (4) Objections to proposed program assumptions, including or related to, claims of economic impairment by the division or the municipality potentially losing the program, shall be received within 30 days of notice and shall include: (a) An explanation of the objection to the proposed program assumption; (b) Identification of the required program standard that is believed not to be met; and (c) When related to economic impairment, the information provided shall include projected impact on the existing building inspection program revenues, expenses, and staffing levels and the ability to continue carrying out remaining portions of the affected program. (5) When reviewing the objections, the division shall consider the criteria established in ORS 455.152 and whether the objections relate to the ability of the municipality to effectively carry out the program and meet the required standards of applicable statutes and rules. (6) The municipality requesting administration of a program shall confirm its intent to proceed with its application and submit final information to the division by January 1. (7) By April 1 the division shall approve or deny the request. A request may be denied when the municipality failed to meet any of the standards and timelines for assumption set forth in ORS Chapters 455 and 479 and the rules adopted thereunder, or when a claim of economic impairment is not resolved to the satisfaction of the director. (8) Municipalities approved to assume programs may do so effective July 1. (9) By September 1, the municipality shall submit a final approved copy of all applicable ordinances and fee schedules.