Oregon Administrative Rules Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION
Oregon Administrative Rules Chapter 918 — Building Codes Division: General Explanation
Purpose and Function
Chapter 918 sets out the rules governing the Department of Consumer and Business Services (DCBS), Building Codes Division in Oregon.
The Building Codes Division administers and enforces state building codes, ensuring that construction, remodeling, and related activities comply with safety, health, and structural standards.
The rules cover areas such as:
Licensing and regulation of contractors and inspectors
Standards for building permits and inspections
Procedures for handling violations and enforcement
Appeals and hearings processes related to building codes compliance
Key Roles of the Division
Protect public safety by enforcing building codes.
Issue permits and oversee inspections.
License professionals involved in construction and building safety.
Resolve disputes or violations through administrative hearings.
General Legal Principles Related to Administrative Rules and the Building Codes Division
Enforcement and Compliance
Administrative agencies like the Building Codes Division have authority to enforce their rules, including imposing penalties or requiring corrective actions for violations.
Individuals or businesses affected by enforcement actions typically have the right to notice and a hearing before penalties are imposed.
Judicial Review of Agency Actions
Courts generally give deference to administrative agencies in interpreting their rules, as long as the interpretation is reasonable.
Courts ensure agencies do not act beyond their statutory authority or violate procedural fairness.
Relevant Case Law Principles (General)
Since there isn’t specific public case law strictly about Chapter 918 without referencing statutes, here are general case law principles relevant to administrative agency rules enforcement:
1. Chevron Deference Principle (general administrative law principle)
When a statute is ambiguous, courts defer to a reasonable agency interpretation of its own rules.
Applies when reviewing the Building Codes Division’s interpretation of Chapter 918 rules.
2. Due Process in Administrative Hearings
Agencies must provide fair notice and an opportunity to be heard before imposing sanctions.
Example: In cases involving building code violations, the agency must follow procedural rules and allow appeals.
3. Scope of Agency Authority
Courts review whether the agency acted within the scope of authority granted by law and its own rules.
If the Building Codes Division enforces a rule outside Chapter 918’s scope, courts may overturn the agency’s action.
Illustrative Hypothetical Case Law Example
Suppose a contractor is cited for a building code violation under Chapter 918 rules.
The contractor challenges the citation, claiming the Division misinterpreted the applicable building code.
The court reviews the Division’s interpretation and enforcement.
If the Division’s interpretation is reasonable and the contractor received due process, the court upholds the citation.
If the Division acted beyond its authority or denied fair process, the court may reverse or remand the decision.
Summary
Oregon Administrative Rules Chapter 918 governs the Building Codes Division’s role in regulating construction, licensing, permits, inspections, and enforcement.
The Division enforces building safety through administrative procedures and hearings.
Courts generally defer to the Division’s reasonable interpretations but protect parties’ due process rights.
Judicial review ensures the Division acts within its authority and follows fair procedures.
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