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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 866

OR 2021 R Appeals, Building code reform, Deadlines, Third-party review

Provided by Furman

Summary

  • Permits municipality or Department of Consumer and Business Services (DCBS) to contract with a person to administer and enforce building inspection programs and act as building official (BO) under specified conditions.
    • Defines “discretionary decision” as waiving a plan review, inspection, or code provision; or allowing alternative material, design, or method of construction.
    • Defines “contract building official” as an owner, manager or employee of a person that the Director of the Department of Consumer and Business Services has licensed to perform specialty code inspections and plan reviews, and that engages in the business of providing services to one or more municipalities to which the director has delegated a building inspection program.
    • Requires municipality procuring contract BO service to:
      • 1) designate qualified municipal employee to review and ratify or disapprove all contract BO’s discretionary decisions;
        • 2) establish or otherwise have specified access to a local review board to which permit applicants may appeal contract BO’s discretionary decisions; and
        • 3) obtain and publish an independent financial audit of the building inspection program at least once every two years.
    • Allows municipalities to validate discretionary decisions of contract BOs taken prior to effective date of measure and requires any action to challenge discretionary decision of contract BO to be commenced by December 31, 2024.

Provided by lawmakers

Bill Title

Relating to building code enforcement.

Related resources

Enacted Legislation Related Posts

Research and analysis from the Furman Center on this and related housing policy topics.