(1) Subject to ORS § 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293 and any rules adopted under ORS § 293.235 to 293.245, 293.250, 293.260 to 293.280, 293.285 and 293.293, and notwithstanding ORS Chapter 240, 276, 282, 283, 291 or 292 or other provisions of ORS Chapter 293 or the rules adopted under ORS Chapter 240, 276, 282, 283, 291 or 292, except as provided under this section the Director of the Department of Consumer and Business Services may take any action the director considers reasonable to ensure that sufficient staff and other resources are available for the administration and enforcement of the state building code. Subject to subsections (2) to (5) of this section, actions that the director may take under this section include, but are not limited to:

(a) Utilizing municipal personnel, or hiring former municipal personnel, to carry out the administrative and enforcement duties of the Department of Consumer and Business Services under an agreement described in ORS § 455.185;

(b) Employing additional Department of Consumer and Business Services staff for carrying out the administrative and enforcement duties of the department under an agreement described in ORS § 455.185; and

(c) Expending available resources to carry out department responsibilities to provide sufficient staff and other resources under an agreement described in ORS § 455.185.

(2) Subsection (1) of this section does not authorize action within a municipality administering and enforcing a building inspection program under ORS § 455.148 or 455.150 except as provided in an agreement described in ORS § 455.185 to which the municipality is a party or has consented.

(3) The utilization of municipal personnel or hiring of former municipal personnel under subsection (1)(a) of this section is subject to any applicable collective bargaining agreements and may not be used to displace any state employee. Municipal personnel whom the department utilizes under subsection (1)(a) of this section retain their status as municipal personnel for purposes of ORS § 30.260 to 30.300 while carrying out the administrative and enforcement duties of the department under an agreement.

(4) The employment of additional staff under subsection (1)(b) of this section is subject to any limitations established by the Legislative Assembly on the number of total personnel approved for the department. To the extent practicable, the director shall give preference to the use of available state employees to fulfill additional staffing requirements.

(5) The employment of additional staff under subsection (1)(b) of this section and the expenditure of available resources under subsection (1)(c) of this section must be predicated upon the availability of adequate revenue, which may include but need not be limited to revenue derived from municipal sources through an agreement described under ORS § 455.185. The use of existing revenue and available resources to carry out an agreement under ORS § 455.185 is not an addition to or amendment of the legislatively adopted budget for the department.

(6) Notwithstanding ORS § 455.230, the director may use moneys deposited in the Consumer and Business Services Fund from fees collected under this section for the purpose of paying the department’s costs of carrying out the administrative and enforcement duties of the department within any administrative region established by the director or a geographic region established by an agreement under ORS § 455.185 or for the purpose of assisting a local government to carry out an agreement under ORS § 455.185. [2013 c.528 § 7]

See note under 455.185.