Department of Consumer and Business Services - Delegated Building Inspection Program ~ Memorandum of Agreement
Relating to Delegated Building Inspection Program
I. Parties:
This agreement is made and entered into by the Building Codes Division (hereinafter the
"Division"), through the Department of Consumer and Business Services, and City of Tigard
building inspection program.
II.Pu ose:
In accordance with the authority granted by Oregon Revised Statute(ORS) 455.020 and Oregon
Laws 2013, chapter 528, this Memorandum of Agreement(MOA)sets forth the roles and
responsibilities of City of Tigard operating a municipal building inspection program as
referenced in ORS chapter 455.
III. Background:
The Department is authorized to:
1. Promulgate a state building code to govern the construction, reconstruction, alteration and
repair of buildings.The state building code establishes uniform performance standards
providing reasonable safeguards for health, safety,welfare, comfort and security for the
residents of this state; and
2. Delegate authority to a municipality to operate all or any portion of a building inspection
program for a reporting period. A reporting period means a four-year period during which a
municipality administers and enforces a building inspection program pursuant to an approved
operating plan.
IV. Afreement:
City of Tigard building inspection program agrees to the following minimum standards,policies
and procedures while operating a building inspection program during the current reporting
period:
1. Administrative Standards. Program must provide adequate funds, equipment and other
resources needed to administer and enforce the program consistent with the inspection and
permit requirements of the state building code.
2. Electrical Program.A building inspection program with an electrical program must comply
with all applicable electrical rules for the inspection and enforcement of electrical programs.
3. Fees. Program must follow the uniform fee methodology for building permit and inspection
fees. Program must only use fees collected for the administration and enforcement of the
building inspection program. Electrical permit fees must only be used for the administration
and enforcement of the electrical program. To avoid division enforcement action, program
must collect and remit surcharges(with permit log) to the division no later than the 15`h day
following the month or quarter for which the surcharges are required to be collected
according ORS 455.220.
4. Appeals. Program must have policy to allow an applicant for building permit to appeal
decision made by building official. Program must also allow an applicant for a building
permit to file a written appeal of a decision of the building official directly to the division on
any matter relating to the administration and enforcement of ORS Chapter 455.
Building Codes Division and City of Tigard MOA
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Building Official Initial:
5. Operating Plan. Program must amend operating plan within 30 days when changes occur
and provide amended operating plan to the division. Changes include a change of building
official.
6. Staff. Program must have appropriately certified staff for inspections.
7. Enforcement.Program must not enforce any standard in conflict with the state building
code.
8. Documentation. Program must respond timely to division data requests on any matter
relating to the administration and enforcement of ORS Chapter 455.
V. Indemnity:
To the extent permitted by Article XI,sections 9 and 10 of the Oregon Constitution, and within
the limits of liability established in the Oregon Tort Claims Act, City of Tigard shall defend,
indemnify and save the division, its officers, agents, and employees harmless from any and all
claims, actions, costs or damages caused by City of Tigard.
VI. Term of the Agreement:
This agreement will become effective upon signature of all parties and will remain in effect until
the end of the municipality's current reporting period unless the municipality abandons or ceases
to administer the building inspection program or the division assumes administration of the
program under activities related to ORS 455.770. Failure to comply with any provision of this
agreement may be considered a breach of this contract thereby impacting the municipality's
continued administration of the building inspection program.
VII. Si natures:
Both parties, by the signatures below,hereby acknowledge that they have read this agreement,
understand it and agree to be bound by its terns and conditions.
Buildina Codes Division City of Tigard
Date Date
Please prt building official name
Mar S. Long, or
Building Codes Divisi
-- Building OYricial Signature
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Pie- t�a nae adit7
City of Tigard epresentative Signature
Building Codes Division and City of Tigard MOA
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Building Official Initial: