Or. Admin. R. 918-308-0010 - Standards for Delegation
Municipalities seeking initial delegation of an electrical program under ORS chapters 455 and 479 shall meet the requirements of OAR 918-308-0010 to 918-308-0180. Administration and enforcement of the electrical program shall only be delegated under ORS 479.855 to municipalities meeting the following minimum performance standards:
(1) The municipality shall be ready, willing
and able to fully operate the electrical program on the effective date of
delegation, July 1, except when a municipality is assuming the program from the
division.
(2) The municipality
shall create and maintain minimum services at least each weekday, excluding
holidays as defined in ORS
187.010, to include electrical
administrative, enforcement, and inspection services. Minimum administrative,
enforcement, and inspection services include the "Ongoing Requirements" in the
Electrical Delegation Rules.
(3)
Operation of the program shall be financially feasible without unduly
increasing short or long-term costs of electrical inspection services to the
public, both in the areas delegated and, if applicable, the remaining program
in the surrounding area. To be considered financially feasible, the
municipality must:
(a) Demonstrate that
feasibility to the satisfaction of the Board by providing:
(A) Projected electrical program revenue for
the first two years of program operation, which is based on the program
revenues collected for work in that municipality by the current service
provider for the most recent four fiscal years preceding the date of
application;
(B) Projected
electrical program activity for the first two years of program operation, which
is based on the permits issued for work in that municipality by the current
service provider for the four most recent fiscal years up to the date of
application;
(C) Projected
electrical program expenses for the first two years of program operation which
includes the plan review and inspection staff necessary to serve projected
program activity; and
(D) Any
other information as requested by the Board.
(b) Agree, as a condition of delegation, to
indemnify the State for any and all claims related to any personal injury,
death, or property damage arising from any act, omission, or error on the part
of the municipality in the operation of the electrical program;
(c) If contracting with a third party to
provide some or all of the services of the jurisdiction's electrical program,
include a provision in its contract with the third party in which the third
party agrees to indemnify the municipality and the State for any and all claims
related to any personal injury, death, or property damage arising from any act,
omission, or error on the part of the contractor in its work for the
municipality's electrical program;
(d) Agree, as a condition of delegation, that
it shall not adopt or implement any fee increases for the first two years of
its initial operation term;
(e)
Carry a minimum of $1,500,000 per occurrence of insurance against tort
liability and property damage arising out of acts, errors, and omissions in its
operation of the electrical program; and
(f) If contracting with a third party to
provide some or all of the services of the jurisdiction's electrical program,
demonstrate that the third party carries a minimum of $1,500,000 per occurrence
of insurance against tort liability and property damage arising out of the
acts, errors, and omissions in its work for the municipality's electrical
program.
(4) The
municipality shall demonstrate its ability to carry out the proposed electrical
program.
(5) The requirements in
the Electrical Delegation Rules are in addition to rules adopted by the
department in OAR 918-020-0070 through 918-020-0220 for municipalities that
apply to undertake inspection programs. When any provision of this section
conflicts with or contains greater, more stringent, or more detailed
requirements than another section of this division, this section shall
control.
Notes
Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.855, 455.148 & 455.150
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