455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation

1,166 words·~5 min read·/or/ors-chapter-455/master-builder-programs/455-820

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455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation.

(1)A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

(2)When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

(3)A building official for a government that has a master builder program:

(a)Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

(b)May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

(c)Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph

(b)of this subsection.

(4)When revoking a waiver, a building official shall provide the master builder with a release under subsection

(2)of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

(5)A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection

(2)of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection

(3)of this section or an assumption under subsection

(2)of this section.

(6)A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government’s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 §5]

Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

Sec. 1.

(1)The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

(a)General requirements for successfully completing the pilot program.

(b)Requirements for initial certification and recertification.

(c)Content of the pilot program. At minimum, the content of the pilot program must include:

(A)A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

(B)Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

(d)Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

(A)Demonstrate substantial expertise in visual lumber grading through:

(i)A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

(ii)Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

(iii)Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

(B)Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

(2)The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

(3)An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 §1]

Sec. 2.

(1)As used in this section:

(a)“Self-graded lumber” means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

(b)“Third-party graded lumber” means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

(2)The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

(3)The process established under subsection

(2)of this section:

(a)May not establish, create or accept any new grade or design value as part of the state’s building code.

(b)Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

(c)Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

(d)Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

(4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

(b)This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 §2]

Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 §3]