News Updates - April 11, 2012

3462 Specialized Finals Inspector training begins

The Specialized Finals Inspector Certification (SFI) course began on Monday, April 2, through Chemeketa Community College's eLearn system. Participants will have eight weeks to complete the online class. The SFI course trains inspectors who currently hold an Oregon Inspector Certification (OIC) and at least one residential or commercial inspector certification to perform final one- and two-family dwelling inspections in other disciplines. The SFI certification is designed to allow a single inspector to perform all final inspections on a one- or two-family residence. The scope of the certification is limited to those items that have been previously inspected and approved or where no previous inspection is required and the item is otherwise ready for a final inspection.

The online class is the first stage of the four components of the training. There is also a two-day live class, 40 supervised inspections, and an exam. The division is currently working to schedule the two-day live class. For the field work component, a single jobsite may count toward multiple inspections. For example, a final inspection consisting of structural, mechanical, electrical, and plumbing components would count toward four inspections. The class began April 2, but it is not too late to register; there are a few openings still available. The total cost is $200. The fee includes the course and the examination. If you have questions or need more information, contact Aeron Teverbaugh at 503-373-1354 or aeron.teverbaugh@state.or.us or Tiffani Alexander at 503-373-1248 or tiffani.k.alexander@state.or.us.

Public swimming pools, hot tubs, spas, and the 2010 ADA update

The federal adoption of the 2010 ADA update provides an excellent opportunity to provide clarification regarding the overall regulation of public swimming pools, hot tubs, and spas in the state of Oregon. In short, the oversight of these features rests with the Oregon Department of Human Services (DHS).

DHS regulatory oversight is derived through Oregon Revised Statue 448.011, which states in part: "... construction, issuance of permits, design, construction, size, shape, purification equipment, piping, operation, sanitation and accident prevention for public swimming pools, public spa pools, public wading pools, and bathhouses."

As such, any rules pertaining to swimming pools, public spa pools, public wading pools, and bathhouses established by DHS take precedent over any similar rules or codes promulgated by BCD with the exception of the Oregon Electrical Safety Law.

The previously adopted OSSC Chapter 11 included a general provision in section 1108.4.4 that required certain levels of accessibility to these features. Because DHS is charged with the oversight, BCD's recent adoption of the 2009 International Building Code accessibility updates did not include any accessibility provisions for those features.

DHS reports that accessibility for pools, hot tubs, and spas must be in accordance with the federally adopted 2010 ADA Standards. This standard is available from the U.S. Department of Justice.

With regard to "barriers" for swimming pools, hot tubs, and spas installed in or on the lot of a one- and two-family dwelling, see Appendix G of the One- and Two-Family Residential Specialty Code (Dwelling Code). For all other swimming pools, consult DHS.

If you have specific questions about the regulation of public swimming pools, hot tubs, and spas, contact Stephen Keifer from DHS at 971-673-0448 or stephen.b.keifer@state.or.us.

Cigar bar ventilation - Oregon Indoor Clean Air Act

The Oregon Indoor Clean Air Act (ICAA) was amended by House Bill 2726 on June 30, 2011. Under the amended law, in order to allow cigar smoking indoors, a cigar bar must have "a ventilation system that exhausts smoke from the business in accordance with the state building code standards for the occupancy classification in use." [ORS 433.835(1)(h)] Specifically, compliance with the Oregon Mechanical Specialty Code (OMSC) is mandated.

To demonstrate compliance with the ventilation requirements of OMSC Table 403.3 for "Smoking Lounges," documentation must be submitted by the owner to the Oregon Health Authority (OHA) for each cigar bar. [OAR 333-015-0066(1)(c) and (4)(a)]

There are two ways for owners to fulfill the documentation requirement:

(1) If [Cigar Bar Name]'s current "certificate of occupancy" indicates that it has been approved as a smoking lounge, a copy of the certificate of occupancy can be submitted to the OHA.

(2) If [Cigar Bar Name]'s certificate of occupancy does not indicate that that it has been approved as a smoking lounge, the owner must obtain documentation from the local building authority indicating that [Cigar Bar Name] meets the minimum ventilation standards set for "smoking lounge" in the OMSC. Owners would then send this documentation and the certificate of occupancy to OHA.

While the Oregon Health Authority does not anticipate much activity in this regard, local jurisdictions may be receiving requests to provide such documentation. This may be as simple as providing a brief statement of verification or, if facilities are not in compliance, requiring permits and inspections.

For more information, contact Structural Program Chief, Richard Rogers at 503-378-4472 or richard.rogers@state.or.us.

Fee change procedures

As jurisdictions gear up for new budget years, they should be aware of the requirements for notice of fee changes. In addition to statutes that require cities and counties to notify individuals of budgeting meetings, ORS 455.210 requires that jurisdictions give notice to the Building Codes Division of any change in fees. Under rules adopted by the division, a city or county must provide notice to the division 45 days before the fee is adopted. It is not the effective date of the fees that triggers the notice requirement. If you have any questions about the notification process, contact Aeron Teverbaugh at 503-373-1354 or aeron.teverbaugh@state.or.us.

Program assumptions update

The division has issued final decisions in two proposed building inspection program assumptions. The director granted a provisional approval for Aurora to administer the building inspection program. Aurora will have until July 1, 2013, to make changes to its operating plan and join other ePermitting jurisdictions. The director has denied Manzanita's proposed assumption of the electrical inspection program. The director's decision is based on unresolved claims of economic impairment to Tillamook County, which currently administers the electrical program for the region.

Another change in the program administration was announced for the City of Echo. Echo notified the Building Codes Division on March 23 that it was returning administration of its building inspection program. Plan review and inspection services for the city will be handled through the Building Codes Division's Pendleton office. If you have questions about permitting, contact the Pendleton office coordinator, Cindy Boyd, at 541-276-7814 or at cynthia.v.boyd@state.or.us. If you have questions about the assumption process, contact Aeron Teverbaugh at 503-373-1354 or aeron.teverbaugh@state.or.us.

Enforcement successful sting operation

BCD enforcement officers Brent Griffiths, Matt Rodriquez, Tom Nicolai, and Tony Guidone conducted a sting operation in Lebanon in late February 2012. The operation concentrated on individuals advertising on Craigslist to perform electrical and plumbing work in the Lebanon area. Two individuals are facing charges of violations of state law as a result of the operation.

Although the individuals did not perform any actual plumbing or electrical work, advertising to do this kind of work violates the following Oregon Revised Statutes:

ORS 479.620(1) a person may not without an electrical contractor's license, engage in the business of making electrical installations, advertise as or otherwise purport to be licensed to make electrical installations or purport to be acting as a business that makes electrical installations.

ORS 447.040(1) a person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license.

These operations are successful in targeting unlicensed individuals who are otherwise able to remain anonymous by not including any identifying information in their advertisements. Without verification of an individual's identity, it is difficult for the division to take any substantive action.

The division intends to continue these sting operations and is looking for vacant houses to use. If you know of a location that can be used, or are aware of potential targets for a sting, call BCD's lead enforcement officer, Brent Griffiths, at 503-508-5673.

Recreational Vehicle Code mid-cycle amendment

The division has adopted a rule amending the 2011 National Electrical Code (NEC) Article 551.42 allowing a sixth circuit to be used on a 30-ampere power supply assembly installed in a recreational vehicle.

The issue was brought to our attention by the Recreational Vehicle Industry Association (RVIA), which is a national trade association representing nearly 300 manufacturers and component suppliers producing approximately 98 percent of all RVs manufactured in the United States.

This amendment continues an ongoing effort between U.S. and Canadian code writers to better harmonize RV code requirements between the two countries. This benefits RV manufacturers because they can build a single unit capable of being sold in either country without having to modify the unit's electrical system. Since this exception will not result in an additional load to the electrical system, safety issues will not be a concern.

For more information, contact Recreational Vehicle Inspector Monte Taylor at 503-373-7542 or monte.l.taylor@state.or.us.

Chris Huntington promoted to deputy administrator

BCD Administrator Mark Long announced last month that Chris Huntington accepted the position of deputy administrator. Chris has been serving in this role off and on since last summer, demonstrating his commitment to the division and his ability to serve in this capacity. The appointment brings to a close the acting and temporary assignments for this position over the past several years. Chris will continue to assist in the policy section over the next several weeks until the management position is permanently filled.

Before BCD, Chris gained extensive education and work experience that prepared him for his career in public service. He graduated from college with a degree in communications/public relations, spent a few years as a senior copywriter for a fitness marketing firm, earned a law degree from Willamette University, and worked for Department of Justice and the Oregon Legislature while in law school.

He came to BCD in 2005 as a policy analyst for three years before serving as manager of the policy section for the past four.

"My experience with BCD provides a valuable understanding of the background and culture of the organization. BCD has numerous programs and an intricate network of diverse stakeholder relationships," Chris said.

Chris said his experience allows him to "hit the ground running" to help Administrator Mark Long and staff members to carry forward the division's mission. His critical thinking and problem-solving skills combined with his organizational and management skills have been invaluable to the mission of BCD. We are all eager to see his experience and skills help lead us into a prosperous future together. Congratulations, Chris!

Enforcement

Summary of enforcement cases presented
to the Electrical & Elevator Board
Summary report: These cases were resolved by the division's enforcement section without going to a contested case hearing. No action was required by the Electrical and Elevator Board.