Or. Admin. R. 918-090-0910

Current through Register Vol. 63, No. 9, September 1, 2024

Section 918-090-0910 - Penalty Guidelines

(1) For the purposes of this rule, an employer of the licensee is defined by ORS 652.310. This includes any person who engages personal services of one or more other persons.

(2) A relative is defined by ORS 95.200. This includes relatives of both the plan reviewer and the spouse of the plan reviewer.

(3) Persons subject to the penalties set forth in ORS 455.895 include, but are not limited to, the following:

(a) An individual who performs and approves specialty code plan reviews or inspections while neither an employee of a municipality or the division, nor licensed by the division as a plan reviewer and inspector.

(b) An individual who performs and approves specialty code plan reviews or inspections for a fee or other valuable consideration while not an employee of a municipality, the division, or a business registered by the division as a plan reviewer and inspector business.

(c) An individual whether or not licensed as a plan reviewer and inspector, or other entity, purporting to perform specialty code plan reviews or inspections without being registered with the division as a plan reviewer and inspector business.

(d) A person, other than a municipality or the division, who employs or contracts with an unlicensed person to perform specialty code plan reviews or inspections.

(e) A licensed plan reviewer and inspector who performs an inspection on a simple one- or two-family dwelling for which they previously performed a plan review while acting in the capacity of a designated plan reviewer under ORS 455.465.

(f) Any individual, including municipal or division employees, who performs a plan review or inspection for a project in which the plan reviewer and inspector, or the plan reviewer and inspector's employer or relative, has any financial interest or business affiliation. Registrants and their employees, and employees of a municipality or the division may perform plan reviews or inspections of projects owned by any municipality or the State of Oregon.

(g) Any licensed specialty code plan reviewer and inspector who performs plan reviews or inspections in a specialty code area in which they do not hold a valid certification.

(h) Any licensed specialty code plan reviewer and inspector whose license has been suspended, revoked or is invalid for any other reason, who performs plan reviews or inspections.

(i) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association who personally participates in, or is an accessory to, any violation listed in these rules.

Or. Admin. R. 918-090-0910

BCD 16-2000, f. 8-4-00, cert. ef. 10-1-00; BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02; BCD 29-2002, f. & cert. ef.10-1-02

Stat. Auth: ORS 455.455 & ORS 455.895

Stats. Implemented: ORS 455.455 & ORS 455.895