OAR 918-020-0220: Fee Adoption Standards

(1) In addition to the standards set forth in ORS 455.210 and 479.845, a municipality intending to adopt new or increased building inspection program fees for any specialty code administered and enforced by the municipality shall comply with all of the following standards: (a) The municipality shall notify the division of such adoptions at least 45 days prior to the adoptive date. The notification shall include a summary of the following: (A) The affected specialty code or program areas; (B) A description of the proposed building inspection program fees including the approximate percentage increase when applicable; (C) The proposed effective date; (D) The date of the last fee increase in the specialty code or program area if applicable; (E) The anticipated date, time and location of the local municipal hearing scheduled pursuant to ORS 294.160; (F) The name, phone number and title of a contact person; and (G) A narrative explaining the purpose of the proposed fee adoption. (b) Upon notification from the division that an appeal request has been received under ORS 455.210 or 479.845, the municipality shall submit further documentation to be received by the division within 15 days following notification. This documentation shall include, but not be limited to: (A) A narrative explaining why the building inspection program fees are necessary at the level proposed; (B) The municipality’s newly adopted fee schedule and, if applicable, the prior fee schedule; (C) Revenue and expense information for the building inspection program including the current fiscal year, including a minimum of 12 months actual and 12 months projected revenues and expenses; (D) An explanation of the municipality’s cost allocation method(s) for expenses; (E) An explanation of all reserve and ending fund balances; (F) A determination of whether the fee is reasonable, including an analysis of whether the fee is: (i) Comparable to fees charged by other municipalities of similar size and geographic location for the same level of service; (ii) Established through the same or similar calculation methods used by other municipalities; and (iii) The same type as those charged by other municipalities for similar services; and (G) The identification of any potential building inspection program changes that are anticipated as a result of the proposed fee. (c) The municipality shall update its operating plan within 30 days of the adoption of a new building inspection program fee schedule including sufficient information to demonstrate how the fee revenue will be used within the building inspection program and shall provide a copy of the updated operating plan to the division. (2) The division shall establish and maintain a list of all interested persons who wish to receive notice of all planned fee adoptions for building inspection programs. The division shall notify in writing all interested persons on the division’s mailing list within 15 days of receiving a municipal notice of intent to adopt building inspection program fees. (3) Upon a determination that the municipality failed to meet any of the fee adoption standards, the director may deny a fee adoption or require a municipality to rescind that portion of a local ordinance or regulation and readopt building inspection program fees. A municipality shall refund all building inspection program fees collected under the rescinded ordinance that exceed the prior building inspection program fee schedule, unless a waiver is approved by the director upon written request from the municipality. Copies of the waiver request shall be forwarded by the division to the interested parties list.