(1) A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan approvals or inspections for a prefabricated structure that is exempt under ORS § 455.312 (1).

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(2)(a) A person may not engage in plan approvals or inspections for a structure without being certified under ORS § 455.715 to 455.740 or 479.810 unless the person is providing plan approvals or inspections for a structure that is exempt under ORS § 455.312 (1).

(b) Except as provided in this paragraph, a person may not engage in the business of providing plan approvals or inspections for a structure without an approval issued by the Department of Consumer and Business Services. This paragraph does not apply to plan approval or inspection of a structure that is exempt under ORS § 455.312 (1).

(3) In accordance with any applicable provisions of ORS Chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a system for approval and regulation of businesses and persons who perform prefabricated structure plan approvals or inspections. This subsection does not authorize the director to require or regulate plan approval or inspection of a prefabricated structure that is exempt under ORS § 455.312 (1). The system shall include but not be limited to the following provisions:

(a) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of an approval.

(b) Prescribing the term of the approval and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the approval system. The charge for review and approval of a third party inspection service shall not exceed, for the original issue, $400 and for the renewal, $200.

(c) Prescribing the conditions for initial issuance, renewal and maintenance of the approval for a person certified under ORS § 455.715 to 455.740 or 479.810, including but not limited to the following provisions:

(A) Procedures and reports for plan approvals and inspections;

(B) Ethical practices and prohibitions of conflicts of interests with manufacturers of prefabricated structures and manufacturers and suppliers of parts and services;

(C) Insurance compliance requirements;

(D) Procedures for use and application of insignia of compliance; and

(E) Fees for and procedures for use and application of certification stamps.

(d) Prescribing other actions or circumstances that constitute failure to achieve or maintain approval competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a certification, permit or certificate.

(e) Prescribing the authority of the department to perform oversight monitoring including but not limited to:

(A) Right of entry and access to third party records and information;

(B) Frequency, type and extent of the oversight monitoring and inspection of third party agencies and manufacturing facilities; and

(C) Frequency and description of information to be submitted as part of the monitoring process.

(f) Prescribing fees for monitoring conducted by the department at the manufacturing plant site or at third party inspection service locations, which fees shall not exceed $60 per hour.

(4)(a) The department shall establish by rule a manufacturer compliance program to allow for plan approvals or inspections of prefabricated structures or prefabricated structure components at the facility at which the prefabrication takes place, including but not limited to the following provisions:

(A) Quality assurance programs;

(B) Procedures for use and application of insignia of compliance; and

(C) Fees for and procedures for use and application of certification stamps.

(b) A manufacturer of prefabricated structures shall provide the department with written notice at least 60 days before a manufacturer may provide for plan approval or inspection service as allowed under subsection (2) of this section.

(c) The department is not required to provide plan approval for or inspection of any prefabricated structure or prefabricated structure components unless the department has been notified in writing by the manufacturer of the prefabricated structure 180 days in advance of the proposed assumption of department inspections.

(5) A person may not rent, lease, sell, exchange, install or offer for rent, lease, sale, exchange or installation within this state a prefabricated structure constructed on or after July 1, 1991, unless it bears an insignia of compliance or certification stamp issued by the department or a third party indicating compliance with this state’s building regulations and standards for prefabricated structures. The prohibition in this subsection does not apply to a prefabricated structure described in ORS § 455.312 (1) or (2). A prefabricated structure with an insignia of compliance or certification stamp shall be acceptable to municipalities as meeting the state building code regulations. Prefabricated structures constructed prior to July 1, 1991, are subject to the building code regulations in effect at the time of original construction.

(6) The provisions of this section do not apply to employees of the Department of Consumer and Business Services and testing laboratories approved under ORS chapters 447 and 479.

(7) For purposes of this section, ‘insignia of compliance’ means the plate affixed to a structure by the Department of Consumer and Business Services or a third party to signify compliance with all state building code requirements for which the structure was inspected.

(8) Prefabricated structures or components found by the department or a third party to represent a danger to public health or safety shall be brought into compliance with building code regulations or removed from the state.

(9) All plan approvals and inspections of prefabricated structures and prefabricated components constructed at manufacturing plants outside of Oregon but intended for delivery into Oregon shall be performed by the department or conducted under ORS § 455.430. [1995 c.304 § 3; 2005 c.310 § 3; 2019 c.422 § 21]

455.705 was added to and made a part of 455.010 to 455.740 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Inspectors)