(1) If the Department of Consumer and Business Services assumes the administration and enforcement of a building inspection program that has been surrendered or abandoned by a municipality, and immediately prior to the surrender or abandonment the municipality was charging a fee adopted under ORS 455.210 (3) that was different from the fee authorized under ORS 455.210 (1) for the same services, the department may charge the fee adopted by the municipality for the services that the department provides under the program.
(2) Fees described in subsection (1) of this section that are charged by the department:
(a) Are subject to any surcharges described under ORS 455.210, 455.220 or 455.447; and
(b) Notwithstanding ORS 455.210, are not subject to Oregon Department of Administrative Services approval.