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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 Pagel of 2 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 pm 8..�..8�;��; so o.aA�• Date h Pie- t�a nae adit7 City of Tigard epresentative Signature Building Codes Division and City of Tigard MOA Page 2 of 2 Building Official Initial: