Or. Admin. R. 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.
Notes
Stat. Auth: ORS 455.455 & ORS 455.895
Stats. Implemented: ORS 455.455 & ORS 455.895
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