Fee adoptions

​​​​​​​​Who may change fees?

​​The building official is responsible for fees charged by the local jurisdiction and notifying the public and the division of any fee changes.​​​​​​

Where can the requirements be found?​

ORS 455.210​ requires local programs to adopt permit and inspection fees by ordinance. The steps involved in crafting ordinances may vary from one jurisdiction to the next.

OAR 918-020-0220 identifies the fee notice and adoption requirements, and the appeals process and requirements.​

​​​​​​Once the local jurisdiction drafts a proposed fee chang​​​​e or increase ordinance, it notifies the Building Codes Division at least 45 calendar days before the adoptive date of the increase, which may be different than the effective date.​​​

​The notice must provide the following i​nformation:

• The affected specialty codes or program areas.
  ​This item can be stated broadly; i.e., Oregon Structural Specialty Code, electrical program.
• The proposed fees and the approximate percentage increase.
• ​The date of the last fee increase.
  If the program has not had a fee increase or change, this is not necessary.
• Adoptive and effec​​​​​tive dates.
  Include the date approval for the fee increase is granted by the local governing body, and the date the increases will go into effect.
• Opportunities for public comment.
  A public hearing – including the date, time, and location of the hearing, a period for written comment and where to send the comments.
• Contact information.
  ​Typically, this is the building official.
• Short description of the need for the new or changed fee.
  

Ref. OAR 918-020-0220(1)(a)​​​

After receiving the notice, the Building Codes Division posts the proposed fee notice on the website and notifies interested persons.

Note: The division does not review the notice for legal sufficiency.​

Two groups of people may challenge a local fee change or increase:
10 or more persons, or an association with 10 or more persons

The persons or association must file the appeal no later than 60 days after the director receives notice of the proposed adoption of the fee from the jurisdiction. However, if the jurisdiction failed to notify the director at least 45 days prior to adopting the fee as required under OAR 918-020-0220​(1)(a), an appeal may be filed up to one year after the adoption of the new fee.

Once the division receives a request for an appeal and determines that the request is timely, the building official must send certain information to the division as follows:

• An explanation of why the building inspection program fees are necessary at the level proposed.
• A copy of the jurisdiction's newly adopted fee schedule and, if needed, the prior fee schedule.
• Revenue and expense information.
  • The jurisdiction needs to identify their actual costs and income for 12 months and project their income and costs for the next 12 months.
  • ​The jurisdiction also needs to provide the program's reserve and ending fund balances.
• The jurisdiction's cost allocation method(s) for expenses.
• The jurisdiction shows how they relate their costs to a revenue source they collect.
• Reasons why the fee is reasonable.​
  
• Reasonableness of the proposed fees depends on several factors:
  • The jurisdiction must include information that its fees are comparable to fees charged by other programs. To show this, the jurisdiction needs to provide information on what jurisdictions of similar size and location charge for the same level of service.
  • The jurisdiction must establish that it arrived at its result through the same or similar calculation methods used by other jurisdictions.
  • A jurisdiction needs to explain that the fee itself is the same type as those charged by other jurisdictions for similar services.
  • A jurisdiction must meet the procedural requirements in statute and rule in order for a fee to be "reasonable."
• Expected changes to the jurisdiction program after the fee change.

The above information must be sent to the division within 15 days of the appeal. The division may request additional information, if needed.​​​​​