OAR 918-098-1500: Building Official and Inspector Sanctions Process

(1) Failure to act in the public interest in the performance of their duties in accordance with ORS 455.740 shall include, but not be limited to: (a) Providing or having knowledge of, false education, work experience or documentation being used to meet certification or continuing education requirements, or during the examination, using unauthorized notes, examinations or examination answers at an examination, copying from another, allowing another to copy or otherwise use unauthorized methods to gain an advantage or give another person an advantage during an examination; (b) Failing to complete continuing education requirements; (c) Permitting, allowing or performing plan reviews or inspections without proper certification; (d) Engaging in a pattern that fails to enforce the specialty code, including statewide code interpretations, site-specific interpretations, directives or other building program requirements and failure to allow the use of alternate method rulings; (e) After notification, engaging in a pattern of requiring construction or installations to exceed the requirements of the specialty codes, unless otherwise specified by the designer(s); (f) Requiring an individual to approve structures or installations that do not comply with the specialty codes; (g) Failing to properly perform inspections or plan reviews; (h) Engages in unprofessional behavior; or (i) Any other activity prejudicial to the administration and enforcement of the state building code. (2) Upon a finding of a violation of section (1) of this rule, the director may, in accordance with the requirements of ORS Chapter 183, place conditions on a certification in lieu of suspension or revocation. (3) In determining the appropriate sanction any applicable factors shall be taken into account, including, but not limited to: (a) Prior history of violations; (b) Extent to which corrective action was taken; and (c) The element of risk or danger to any person caused by the violation. (4) A person sanctioned under this rule may re-apply for a certification provided the person waits the specified time period as stated below: (a) A minimum of one year from the date an application was denied; (b) A minimum of one year from the date a final order was signed; or (c) A date specified in a final order.