OAR 918-100-0110: Delegation of Special Inspection Programs

Each municipality providing industrial and commercial structural, mechanical and plumbing specialty code inspections can request delegation provided it: (1) Files a timely notice under ORS 455.148 or 455.150 covering the basic programs and serves the required parties, the state in case of a county, and county and state in case of a city; (2) Files separate requests for delegation of optional special master permit and minor label inspection programs for commercial and industrial structural, mechanical or plumbing installations with the division at the same time and with the same parties in subsection (a) of this section and includes as relevant: (a) A proposed time line and method by which the municipality shall adopt random inspections or master permit inspections or both within its jurisdiction and notify persons within its inspection boundaries; (b) A description of the inspection area to be covered and specific identification of covered facilities which cross jurisdictional lines that are included or excluded in the requested delegation: (A) If a covered facility crosses jurisdictional lines, delegation shall only be allowed if the facility is to be served by one inspecting jurisdiction for all of its inspection needs covering the program for which master permit application is sought and there is consent by the adjacent jurisdictions. The only exceptions are where a logical division of the covered facility can be made and there is no additional expense or loss of convenience to the facility or where a facility crossing jurisdictional lines is constructed after delegation of the program; (B) The request for delegation shall explain how facilities that cross jurisdictional boundaries will be inspected, and how the relevant code shall be enforced, if the facility elects to be inspected under the master permit program. Copies of agreements with surrounding jurisdictions, dispute resolution agreements or a statement there is no related facility that crosses jurisdictional lines are acceptable; (C) An explanation shall be provided regarding how fees shall be established with the facility. Copies of prototype agreements with facilities or agreements with adjacent jurisdictions are acceptable; (D) An agreement that if a disagreement arises between applicant and any adjacent jurisdiction over who should provide complete services to a facility that crosses a jurisdictional line, the division may immediately assign the facility to any jurisdiction to provide complete inspection services covering the program under which there is a disagreement. If applicant is not assigned the authority, applicant shall cooperate in allowing the assigned jurisdiction to operate in its territory and in bringing any enforcement actions necessary involving that facility. (3) Files a master permit inspection operating plan briefly describing how the programs will be administered including: (a) Local policies and procedures for operating the program; (b) The certifications of each jurisdiction plans examiner and inspector assigned to the program including the person licensed as an engineer when required by ch. 368, 2003 Oregon Laws; (c) Accounting procedures. (4) Renewal of delegation. No additional procedures are required for renewals. As long as the municipality continues to provide structural, mechanical and plumbing specialty code inspections, the renewal is automatic upon notice under ORS 455.148 or 455.150 of continuation or request.