The ongoing saga over what a local building code program may delegate to third party contractors continues.  Purportedly based on an Oregon Department of Justice (DOJ) legal opinion, on April 23, 2018, the Building Codes Division (BCD) adopted temporary rules, without any notice to affected parties, that require certain local building code officials to be public employees, among other things.  Many local government attorneys disagree with the DOJ legal opinion, as well as the authority for the temporary rules.  A court challenge was being planned.  However, the temporary rules also caused an uproar among many elected officials and state legislators, especially in light of the likelihood that implementation of the temporary rules would significantly exacerbate the already strained situation in Oregon with regard to home construction and affordable housing.  On May 14, 2018, the Director of the Department of Consumer and Business Services (DCBS) directed the Administrator of BCD to withdraw the temporary rules and replace them with arguably less onerous rules, for now.  On May 18, 2018, BCD notified affected parties by letter of the withdrawal of the April 23, 2018 rules, and their replacement with a new set of rules.  Conversations are ongoing with regard to how elected officials, legislators, and local governments should respond to the new temporary rules, as well as potential legislative fixes for 2019.

Contributed by: Rob Bovett | AOC Legal Counsel