OAR 918-308-0010: Standards for Delegation

Municipalities seeking initial delegation of an electrical program under ORS chapters 455 and 479 shall meet the requirements of OAR 918-308-0010 to 918-308-0180. Administration and enforcement of the electrical program shall only be delegated under ORS 479.855 to municipalities meeting the following minimum performance standards: (1) The municipality shall be ready, willing and able to fully operate the electrical program on the effective date of delegation, July 1, except when a municipality is assuming the program from the division. (2) The municipality shall create and maintain minimum services at least each weekday, excluding holidays as defined in ORS 187.010, to include electrical administrative, enforcement, and inspection services. Minimum administrative, enforcement, and inspection services include the “Ongoing Requirements” in the Electrical Delegation Rules. (3) Operation of the program shall be financially feasible without unduly increasing short or long-term costs of electrical inspection services to the public, both in the areas delegated and, if applicable, the remaining program in the surrounding area. To be considered financially feasible, the municipality must: (a) Demonstrate that feasibility to the satisfaction of the Board by providing: (A) Projected electrical program revenue for the first two years of program operation, which is based on the program revenues collected for work in that municipality by the current service provider for the most recent four fiscal years preceding the date of application; (B) Projected electrical program activity for the first two years of program operation, which is based on the permits issued for work in that municipality by the current service provider for the four most recent fiscal years up to the date of application; (C) Projected electrical program expenses for the first two years of program operation which includes the plan review and inspection staff necessary to serve projected program activity; and (D) Any other information as requested by the Board. (b) Agree, as a condition of delegation, to indemnify the State for any and all claims related to any personal injury, death, or property damage arising from any act, omission, or error on the part of the municipality in the operation of the electrical program; (c) If contracting with a third party to provide some or all of the services of the jurisdiction’s electrical program, include a provision in its contract with the third party in which the third party agrees to indemnify the municipality and the State for any and all claims related to any personal injury, death, or property damage arising from any act, omission, or error on the part of the contractor in its work for the municipality’s electrical program; (d) Agree, as a condition of delegation, that it shall not adopt or implement any fee increases for the first two years of its initial operation term; (e) Carry a minimum of $1,500,000 per occurrence of insurance against tort liability and property damage arising out of acts, errors, and omissions in its operation of the electrical program; and (f) If contracting with a third party to provide some or all of the services of the jurisdiction’s electrical program, demonstrate that the third party carries a minimum of $1,500,000 per occurrence of insurance against tort liability and property damage arising out of the acts, errors, and omissions in its work for the municipality’s electrical program. (4) The municipality shall demonstrate its ability to carry out the proposed electrical program. (5) The requirements in the Electrical Delegation Rules are in addition to rules adopted by the department in OAR 918-020-0070 through 918-020-0220 for municipalities that apply to undertake inspection programs. When any provision of this section conflicts with or contains greater, more stringent, or more detailed requirements than another section of this division, this section shall control.