Oregon Administrative Rules Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION
Oregon Administrative Rules Chapter 918
Department of Consumer and Business Services, Building Codes Division
Overview
The Building Codes Division (BCD) of the Oregon Department of Consumer and Business Services is the state agency responsible for:
Developing, adopting, and enforcing Oregon’s statewide building codes.
Ensuring that buildings and structures comply with safety, energy efficiency, accessibility, and environmental standards.
Licensing and regulating building inspectors, contractors, and related professionals.
Administering permits, inspections, and certifications related to construction and building safety.
OAR Chapter 918 contains the administrative rules that implement the statutory authority granted to BCD under Oregon Revised Statutes (ORS), mainly ORS Chapter 455 and ORS Chapter 447 (building codes and contractor regulation).
Key Functions and Content of OAR Chapter 918
OAR 918 covers multiple critical areas related to building codes and construction safety:
1. Building Code Development and Adoption
Establishes procedures for adopting building codes, including amendments and updates.
BCD regularly updates Oregon’s building codes, including the Oregon Structural Specialty Code, Oregon Residential Specialty Code, and others.
Rules specify public notice, comment periods, and hearings for code changes to ensure transparency and stakeholder input.
2. Licensing and Certification
Sets requirements for licensing general contractors, specialty contractors, and subcontractors.
Regulates certification of building inspectors and plans examiners.
Defines continuing education requirements to maintain licensure and certification.
3. Permitting and Inspection
Rules for the issuance of building permits.
Procedures for inspections, including timelines, required inspections, and documentation.
Enforcement of compliance, including stop work orders, fines, and penalties for violations.
4. Complaint and Disciplinary Procedures
Procedures for handling complaints against licensed contractors or inspectors.
Investigation and hearing processes.
Sanctions that can be imposed, from fines to license revocation.
5. Specialty Codes and Standards
Incorporates national codes by reference (e.g., International Building Code).
Sets energy efficiency standards consistent with Oregon’s energy policies.
Includes accessibility standards aligned with the Americans with Disabilities Act (ADA).
Legal Framework
The Building Codes Division’s authority comes primarily from:
ORS Chapter 455 — Building Codes
ORS Chapter 447 — Contractor Regulation
Other statutes related to occupational licensing and consumer protection.
The division’s administrative rules in OAR 918 ensure compliance with these laws while providing detailed procedural and substantive requirements for the construction industry in Oregon.
Relevant Oregon Case Law
Case law interpreting OAR Chapter 918 or the Building Codes Division’s authority mainly revolves around administrative law principles, licensing disputes, and enforcement actions. Here are some key cases and legal concepts:
1. Deference to Agency Interpretation
In Rubenstein v. State Board of Accountancy, 319 Or 508 (1994), the Oregon Supreme Court held that courts generally defer to an agency’s interpretation of statutes and rules it administers unless the interpretation is unreasonable.
Application:
Courts typically defer to the Building Codes Division’s interpretation of building codes and licensing rules in OAR 918 unless clearly erroneous.
2. Due Process in Disciplinary Actions
In Palmer v. State Board of Parole, 310 Or 41 (1990), the court emphasized that administrative agencies must provide fair notice and opportunity to be heard before imposing disciplinary sanctions.
Relevance:
Contractors or inspectors facing discipline under OAR 918 are entitled to due process protections, including hearings and appeals.
3. Scope of Agency Authority
In State ex rel Juv. Dept. v. Myers, 132 Or App 144 (1994), the court discussed the limits of administrative agency authority, stressing that agencies cannot exceed the powers granted by statute.
Implication:
The Building Codes Division must act within the scope of authority delegated by the legislature under ORS Chapters 447 and 455; rules beyond this scope can be invalidated.
4. Enforcement and Penalty Authority
In Bliss v. Department of Agriculture, 311 Or 426 (1991), the court upheld an agency’s power to impose penalties for regulatory violations when supported by statutory authority and proper procedures.
Relevance:
The BCD can impose penalties and stop-work orders for violations of building codes per OAR 918 rules, provided procedural safeguards are followed.
Summary
OAR Chapter 918 governs Oregon’s Building Codes Division’s administrative rules.
It regulates building codes adoption, licensing of contractors and inspectors, permitting, inspections, and enforcement.
The Division’s authority flows from Oregon statutes regulating building safety and contractor licensing.
Oregon courts give deference to the Division’s interpretations but require procedural fairness and adherence to statutory limits.
Enforcement actions under OAR 918 must comply with due process, including fair notice and hearings.
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