(1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

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(2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

(3) A building official for a government that has a master builder program:

(a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

(b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

(c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

(4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

(5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS § 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

(6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government’s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 § 5]

See note under 455.800.

[Formerly 705.700; repealed by 2003 c.675 § 49]

[Formerly 705.705; 2003 c.675 § 41; 2005 c.833 § 5; renumbered 455.044 in 2005]

[Formerly 705.710; 2003 c.675 § 42; 2005 c.833 6,10; renumbered 455.046 in 2005]

[Formerly 705.715; 2003 c.675 § 43; renumbered 455.048 in 2005]

[Formerly 705.720; repealed by 2003 c.675 § 49]

PENALTIES