OAR 918-440-0520: Statewide Mechanical Minor Label Inspection Program

(1) The statewide mechanical minor label inspection program goes into effect on July 1, 2024. This program does not supersede a local jurisdiction’s mechanical minor label program in any way. (2) Minor labels issued under this rule will be administered by using the definitions in OAR 918-100-0010, the fees in 918-100-0030, and the process described in section (12) of this rule. (3) The scope of work allowed under this program does not include any new construction except as allowed under subsection (d), (e), and (f) of this section. The scope of work allowed under this program is limited to the following: (a) Moving or replacing ductwork not involving fire dampers or penetrations of firewalls, fire assemblies or floors; (b) Relocating grilles and air distribution inlets or outlets; (c) Replacing existing heating, cooling, and ventilation equipment, including minor alterations of fuel piping or appliance connectors downstream of an appliance shutoff valve; (d) Adding a central air conditioning unit to existing ductwork in one- and two-family dwellings; (e) Installing new mini-split heat pumps in one- and two-family dwellings; and (f) Installing a mechanical exhaust fan for radon mitigation systems in one- and two-family dwellings. (4) Minor mechanical installations do not include: (a) Mechanical replacements where the fuel type changes; (b) Replacement of fuel burning equipment which requires replacement of the existing venting system; or (c) Replacement of commercial systems or equipment that: (A) Exceeds 2,000 cubic feet per minute of air movement capability; (B) Weighs more than 400 pounds, except packaged rooftop equipment up to 5-ton cooling capacity being replaced with packaged rooftop equipment not exceeding the existing unit’s cooling capacity; or (C) Exceeds 5-ton cooling capacity. (5) Unused minor labels issued under this rule shall expire one year after they are purchased. (6) Work performed under the mechanical minor label program shall be to the current Oregon Mechanical Specialty Code or the current Oregon Residential Specialty Code, as applicable. (7) Only one mechanical minor label shall be used on any single project per job site. For the purpose of this rule, a job site means work at the same address. (8) A minor label is only required when the work otherwise requires a permit. No new permit requirements are created by this rule. (9) The following people may purchase and use state mechanical minor labels: (a) For commercial and industrial mechanical minor labels, the contractor doing the work, who holds a Construction Contractors Board license. (b) For residential mechanical minor labels, a contractor licensed by the Construction Contractors Board. (10) A contractor performing work under a minor label must still comply with all applicable licensing requirements for the work performed. (11) A person performing work under a minor label may elect to have this work inspected virtually. To have the work inspected virtually, the work must be documented with images, and those images must be uploaded to the division’s mechanical minor label software system. (12) The local jurisdiction where the minor label is used shall be the inspecting jurisdiction. If pictures of the work performed under the minor label have been uploaded to the division’s mechanical minor label software system, then inspections shall be conducted remotely through that system. If pictures of the work performed under the minor label have not been uploaded, or if the uploaded pictures are insufficient to complete a virtual inspection, then inspections shall be conducted using the minor label process in OAR 918-100-0060. (a) The division shall assign the initial inspection of a minor label lot to the local jurisdiction at the start of the calendar month. The local jurisdiction shall perform the assigned minor label inspection before the end of the calendar month in which the inspection was assigned. If the local jurisdiction fails to perform an assigned inspection within the calendar month that it was assigned, then the division shall perform the inspection. (b) No less than 10 percent of each minor label lot shall be inspected either by the local jurisdiction or by the division. The inspection shall verify the minor installation. (c) If any minor label inspections beyond the initial inspection in a lot are required, the additional inspections will be performed in accordance with OAR 918-100-0060. (d) The division shall compensate each inspecting jurisdiction $75 per inspection for the first minor label installation inspected by the local jurisdiction in a lot. If the first minor label installation fails the inspection, the division shall perform an inspection on a second minor label from the same lot. If the second minor label fails the division’s inspection, then the division shall inspect a third minor label of the same lot. (e) If any minor label fails an inspection, then the contractor that purchased the minor label is required to pay the local jurisdiction for an on-site inspection of the same work at the local jurisdiction’s hourly inspection rate. (f) The division shall, upon notice of three failed inspections in the same lot of labels, notify the contractor and the jurisdictions affected by the remaining labels in the same lot. Each jurisdiction shall then notify the contractor that a permit is necessary for each of the remaining installations within the jurisdiction in the same lot of labels, and work shall follow the normal permit and inspection procedures for that jurisdiction.