OAR 918-674-0840: Temporary rule language in effect until 12/27/2026. Conflict of Interest and Collusion

(1) A prefabricated third-party agency and its agents must be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any supplier or manufacturer of prefabricated buildings with whom it has contracted to perform plan review or inspection services. This prohibition must include, but not be limited to, the following: (a) A prefabricated third-party agency and its owners, directors, management personnel, architects, engineers, plans examiners or inspectors may not hold stock or have any ownership or managerial affiliation with any supplier, dealer, distributor or manufacturer of prefabricated buildings; (b) A prefabricated third-party agency may not promote any manufacturer of prefabricated buildings or a manufacturer’s product; (c) The employment status of any prefabricated third-party agency personnel must be free of influence or control by any dealer, distributor, supplier or manufacturer of prefabricated buildings; (d) A prefabricated third-party agency may not review or approve plans or inspect any work that was produced or participated in whole or in part by a member of the prefabricated third-party agency’s staff or by a member of the staff of any affiliated organization; (e) When a prefabricated third-party agency contracts with a supplier or manufacturer of prefabricated buildings to perform plan review or inspection services, it must, within ten days of signing, provide a statement to the division that it is free of any conflicts of interest, affiliation, influence, collusion, control or fraud in connection with the supplier or manufacturer; and (f) A prefabricated third-party agency may not perform or participate in design or engineering services for the same prefabricated building manufacturer(s) with which it has contracted to perform plan review or inspection services. (2) Manufacturers of prefabricated buildings must be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any certified prefabricated third-party agency with whom it has contracted to perform plan review or inspection services. This prohibition must include, but not be limited to: (a) A manufacturer and its owners, directors, management personnel, architects or engineers may not hold stock or have any ownership or managerial affiliation with any certified prefabricated third-party agency; (b) The employment status of any supplier or manufacturing personnel must be free of influence or control by any prefabricated third-party agency; (c) No employee or officer of a supplier or manufacturer may perform consulting or engineering services for the same prefabricated third-party agency with whom it has contracted to perform plan review or inspection services.