Chapter 411 Oregon Laws 2001

AN ACT

HB 2153

Relating to regulation of building activities; creating new provisions; amending ORS 446.062, 446.405, 446.410, 455.080, 455.153, 455.156, 455.770, 455.775, 455.895, 479.295, 479.730, 479.810, 479.835, 479.850, 479.990, 693.025 and 693.165; repealing ORS 446.270, 446.415, 447.160, 479.830, 480.665 and 693.190 and section 5, chapter 220, Oregon Laws 2001 (Enrolled House Bill 2665); and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2001 Act is added to and made a part of ORS 446.225 to 446.285.

SECTION 2. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or orders issued for the administration or enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 3. Section 4 of this 2001 Act is added to and made a part of ORS 446.395 to 446.420.

SECTION 4. The Department of Consumer and Business Services may impose a civil penalty for a violation of ORS 446.395 to 446.420 or rules adopted for the administration and enforcement of those sections. The department shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 5. Section 6 of this 2001 Act is added to and made a part of ORS 447.010 to 447.160.

SECTION 6. The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.160 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 7. Section 8 of this 2001 Act is added to and made a part of ORS 479.510 to 479.945.

SECTION 8. The Electrical and Elevator Board may impose a civil penalty for a violation of ORS 479.510 to 479.945 or rules adopted for the administration or enforcement of ORS 479.510 to 479.945. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 9. Section 10 of this 2001 Act is added to and made a part of ORS 480.510 to 480.665.

SECTION 10. The Board of Boiler Rules may impose a civil penalty for a violation of ORS 480.510 to 480.665 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 11. Section 12 of this 2001 Act is added to and made a part of ORS chapter 693.

SECTION 12. The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

SECTION 13. ORS 446.062 is amended to read:

446.062. (1)(a) The Director of the Department of Consumer and Business Services shall issue rules under ORS 183.310 to 183.550 to regulate mobile home or manufactured dwelling parks. These rules shall conform to ORS 446.090 to 446.140.

(b) Any water system serving a mobile home or manufactured dwelling park is subject to ORS 448.115 to 448.285 and the rules adopted pursuant thereto.

(2) Mobile home or manufactured dwelling parks are subject to ORS 446.003, 446.055, 446.072 to 446.100, 446.140[, 446.270,] and section 2 of this 2001 Act and the state building code, as defined in ORS 455.010, and the rules adopted thereunder by the director under ORS 183.310 to 183.550.

(3) The Department of Consumer and Business Services shall review plans and inspect construction of mobile home or manufactured dwelling parks to insure compliance with subsection (2) of this section. The director shall adopt rules under ORS 183.310 to 183.550 to provide a schedule for plan review fees and construction inspection fees.

(4) A person shall not construct a new mobile home or manufactured dwelling park or add lots to an existing mobile home or manufactured dwelling park without approval by the department.

SECTION 14. ORS 446.405 is amended to read:

446.405. (1) If a manufactured dwelling or cabana is not installed in accordance with the rules adopted under ORS 446.003[,] and 446.395 to 446.420 [and 455.230], the owner of the manufactured dwelling or cabana, at the time of installation, may, within one year of the completion date of such installation, file a written complaint with the Director of the Department of Consumer and Business Services. The director shall provide a copy of the complaint to the installer and shall also notify the dealer, if any, that arranged for such installation and may then investigate the complaint. If it is determined by the director that the installation fails to comply with licensure requirements as provided by ORS 446.003[,] and 446.395 to 446.420 [and 455.230] or the installation rules adopted by the director, the director shall provide notice of such failure to the installer and shall order the installer to bring the installation into compliance within 30 days of date of notice.

(2) The director shall establish, by rule, fees and a procedure for inspection of manufactured dwellings and cabanas to carry out the provisions of this section.

(3) If the installer fails to bring the installation into compliance as ordered, the director may suspend or revoke the installer’s license.

(4) If the installer fails to bring the installation into compliance, the director shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003[,] and 446.395 to 446.420 [and 455.230] and the rules adopted pursuant thereto. The dealer is responsible to bring only those installation activities into compliance which the dealer arranged. The dealer shall have 30 days from the date of the order to bring the installation into compliance. If the dealer fails to bring the installation into compliance within 30 days of the date of the order, the dealer shall be subject to civil penalties as provided by [ORS 446.415] section 4 of this 2001 Act.

(5) Hearings, penalties and appeals resulting from violation of this section shall be carried out in conformance with ORS 183.325 to 183.497 and this section.

SECTION 15. ORS 446.410 is amended to read:

446.410. Fees [and civil penalties] collected by the Department of Consumer and Business Services pursuant to ORS 446.003[,] and 446.395 to 446.420 [and 455.230] shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and shall be used and continuously appropriated for the administration and enforcement of ORS 446.003[,] and 446.395 to 446.420 [and 455.230] and the rules adopted pursuant thereto.

SECTION 16. ORS 455.080 is amended to read:

455.080. Notwithstanding ORS 455.630 (2), any inspector, including a specialty code inspector licensed under ORS 455.457, authorized by [or pursuant to law] ORS 455.150 or 455.153 to determine compliance with the requirements of the state building code or any specialty code under this chapter [is authorized, in the performance of normal duties] may, in accordance with a compliance program as described in ORS 455.153 (2), [to] require any person who is engaged in any activity regulated by [ORS chapter 693 or 701, ORS 447.010 to 447.160 or 479.510 to 479.945] the state building code to demonstrate proof of compliance with the applicable licensing, registration or certification requirements of [those statute sections] ORS chapters 446, 447, 455, 460, 479, 480, 693 and 701.

SECTION 17. ORS 455.153 is amended to read:

455.153. (1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer:

(a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945.

(b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062.

(d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230.

(e) Park or camp requirements adopted under ORS 455.680.

(2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Manufactured Structures and Parks Advisory Board, or the Electrical and Elevator Board to impose civil penalties for violations committed within municipalities.

SECTION 18. ORS 455.156 is amended to read:

455.156. (1) Notwithstanding any other provision of this chapter, ORS chapter 693 or ORS 447.010 to 447.160, 479.510 to 479.945 or 479.990, the Department of Consumer and Business Services shall carry out the provisions of this section.

[(2) All municipalities that establish a plumbing, electrical or one and two family dwelling inspection program under ORS 455.150 may:]

[(a) Investigate and enforce violations of ORS 479.550 (1) and 479.620 on behalf of the Electrical and Elevator Board as provided in this section;]

[(b) Investigate and enforce violations of ORS 447.030, 447.040, 693.030 and 693.040 as provided in paragraph (c) of this subsection; and]

[(c) Issue notices of proposed assessment of civil penalties for violations of the statutes covered in paragraphs (a) and (b) of this subsection as agents of the respective boards following procedures adopted under subsection (3) of this section.]

(2)(a) A municipality that establishes a plumbing inspection program under ORS 455.150 covering installations under the plumbing specialty code or One and Two Family Dwelling Code may act on behalf of the State Plumbing Board to investigate violations of and enforce ORS 447.030, 447.040, 693.030 and 693.040 and to issue notices of proposed assessment of civil penalties for those violations.

(b) A municipality that establishes an electrical inspection program under ORS 455.150 covering installations under the electrical specialty code or One and Two Family Dwelling Code may act on behalf of the Electrical and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and 479.620 and to issue notices of proposed assessment of civil penalties for those violations.

(3) The department shall establish:

(a) Procedures, forms and standards to carry out the provisions of this section, including but not limited to creating preprinted notices of proposed assessment of penalties that can be completed and served by municipal inspectors;

(b) A program to provide that all of the moneys recovered by the department, less collection expenses, be paid to the municipality that initiated the charges when a person charged with a violation as provided in subsection (2)[(a) or (b)] of this section agrees to the entry of an assessment of civil penalty or does not ask for a hearing, and an order assessing a penalty is entered against the person;

(c) A program to provide a division of the moneys recovered by the department with the municipality that initiated the charges, when a person charged with a violation as provided in subsection (2)[(a) or (b)] of this section requests a hearing and is assessed a penalty. One-half of the amounts recovered shall be paid to the municipality. The department shall keep an amount equal to its costs of processing the proceeding and collection expenses out of the remaining one-half and remit the balance, if any, to the municipality; and

(d) A program [for contracting with municipalities that allows] to require municipalities to investigate violations of the department’s permit requirements for plumbing installations and services under the plumbing specialty code and for plumbing and electrical installations and services under the One and Two Family Dwelling Code, and to:

(A) Initiate notices of proposed assessment of civil penalties as agents of the boards designated in subsection (2) of this section; and

(B) Pay the agents of the boards out of net civil penalty recoveries as if the recoveries were under paragraphs (b) and (c) of this subsection.

(4) The assessment of a civil penalty under this section by a municipality is subject to the amount limitations set forth in ORS 455.895.

[(4)(a)] (5)(a) It shall be a defense for any person charged with a penalty for violation of a building inspection program permit requirement covering plumbing installations under the plumbing specialty code, electrical permit requirements under ORS 479.550 or plumbing or electrical requirements under the One and Two Family Dwelling Code that the person was previously penalized for the same occurrence.

(b) A building inspection program permit requirement is a requirement contained in a specialty code or municipal ordinance or rule requiring a permit before the particular installations covered by the codes are commenced.

(c) A penalty for the same occurrence includes a combination of two or more of the following that are based on the same plumbing or electrical installation:

(A)(i) An investigative or other fee added to an electrical permit fee when a permit was obtained after the electrical installation was started;

(ii) A civil penalty pursuant to [ORS 479.830] section 8 of this 2001 Act for violation of ORS 479.550 for failure to obtain an electrical permit;

(iii) A civil penalty pursuant to ORS 455.895 for failure to obtain an electrical permit under the One and Two Family Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or the One and Two Family Dwelling Code without a permit; or

(B)(i) An investigative or other fee added to a plumbing permit fee when a permit was obtained after the plumbing installation was started;

(ii) A civil penalty pursuant to [ORS 447.160] section 6 of this 2001 Act for failure to obtain a plumbing permit as required under the plumbing specialty code;

(iii) A civil penalty pursuant to ORS 455.895 for failure to obtain a plumbing permit under the One and Two Family Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or the One and Two Family Dwelling Code without a permit.

SECTION 19. ORS 455.770 is amended to read:

455.770. (1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479] and [480] 693, with respect to municipalities, building officials and inspectors, if the director has reason to believe that there is a failure to enforce or a violation of any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.665 and this chapter or ORS chapter [446,] 447, 460 or [479] 693 or any rule adopted thereunder, the director may:

(a) Examine building code activities of the municipality;

(b) Take sworn testimony; and

(c) With the authorization of the Office of the Attorney General, subpoena persons and records to obtain testimony on official actions that were taken or omitted or to obtain documents otherwise subject to public inspection under ORS 192.410 to 192.505.

(2) The investigative authority authorized in subsection (1) of this section covers the violation or omission by a municipality related to enforcement of codes or administrative rules, certification of inspectors or financial transactions dealing with permit fees and surcharges under any of the following circumstances when:

(a) The duties are clearly established by law, rule or agreement;

(b) The duty involves procedures for which the means and methods are clearly established by law, rule or agreement; or

(3) Prior to starting an investigation under subsection (1) of this section, the director shall notify the municipality in writing setting forth the allegation and the rules or statutes pertaining to the allegation and give the municipality 30 days to respond to the allegation. If the municipality does not satisfy the director’s concerns, the director may then commence an investigation.

(4) If the Department of Consumer and Business Services directs corrective action the following shall be done:

(a) The corrective action shall be in writing and served on the building official and the chief executive officers of all municipalities affected;

(b) The corrective action shall identify the facts and law relied upon for the required action; and

(5) The director may revoke any authority of the municipality to administer any part of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480.665 and this chapter or ORS chapter [446,] 447, 460 or [479] 693 or any rule adopted thereunder if the director determines after a hearing conducted under ORS 183.413 to 183.497 that:

(a) All of the requirements of this section and ORS [455.770,] 455.775 and 455.895 were met; and

(b) The municipality did not comply with the corrective action required.

(6) Nothing in ORS 455.775 [or 455.895] shall be construed to grant any authority over a municipality or inspector employed by a municipality.

SECTION 20. ORS 455.775 is amended to read:

455.775. In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:

(1) Except where inconsistent with other provisions of law, the director may enforce the provisions of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479, 480] and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may:

(a) Make an investigation;

(b) Take sworn testimony;

(d) Order corrective action; and

(e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.

(2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479, 480] and 693 and any rule adopted thereunder, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation.

(3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479, 480] and 693 and any rule adopted thereunder, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479, 480] and 693 and any rule adopted thereunder. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

[(4) The provisions of subsection (1)(c) of this section apply only to testimony and documents related to enforcement of the building codes.]

[(5) A provision allowing a board to assess a penalty in this chapter or ORS chapter 446, 447, 460, 479, 480 or 693 shall take precedence over any provision allowing for a penalty in ORS 455.770, 455.775 and 455.895.]

SECTION 21. ORS 455.895 is amended to read:

455.895. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under sections 6 and 12 of this 2001 Act. Amounts recovered under this paragraph are subject to ORS 693.165.

(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under section 8 of this 2001 Act. Amounts recovered under this paragraph are subject to ORS 479.850.

(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under section 10 of this 2001 Act. Amounts recovered under this paragraph shall be deposited to the General Fund.

[(1)] (2) The Director of the Department of Consumer and Business Services, in consultation with the appropriate board, if any, may impose a civil penalty against any person who violates any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.665 and this chapter and ORS chapters [446,] 447, 460[, 479] and [480] 693 or any rule adopted [thereunder.] or order issued for the administration and enforcement of those provisions. Except as provided in subsections (3) and (8) of this section, a civil penalty imposed under this [subsection shall] section must be in an amount determined by the appropriate board or the director of not more than [$1,000] $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued thereunder, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

(4) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The Department of Consumer and Business Services, by rule, shall define what constitutes a pattern of violations. Except as provided in subsection (1) of this section, moneys received from any civil penalty under this [subsection shall be disposed of according to ORS 455.230 to be used] section are appropriated continuously for and shall be used by the director for enforcement [of ORS chapters 446, 447, 460, 479 and 480] and administration of provisions and rules described in subsection (2) of this section.

[(2) The director, in consultation with the appropriate board, may impose a civil penalty against any person who violates any provision of ORS 455.455 or 455.459 or any rule adopted thereunder. A civil penalty imposed under this subsection shall be in an amount determined by the director of not more than $2,000 for each offense or, in the case of repeated offenses, not more than $2,000 for each day of the offense. Moneys received from any civil penalty under this subsection shall be deposited in the appropriate specialty code account under this chapter or ORS 479.510 to 479.945 to be used for enforcement of ORS 455.455 to 455.463, 455.471 and 455.473.]

[(3)] (5) Civil penalties under this section shall be imposed as provided in ORS 183.090.

[(4)] (6) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director or the appropriate board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

[(5)] (7) 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 [of ORS 455.455 or 455.459] by the partnership, association or corporation[,] of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in [subsections (2) and (6) of] this section.

[(6)] (8) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates [ORS 455.455 or 455.459] a provision or rule described in subsection (2) of this section may be required by the director or the appropriate board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director[, which] or board that shall not exceed five times the amount by which such person profited in any transaction that violates [ORS 455.455 or 455.459] a provision or rule described in subsection (2) of this section.

SECTION 22. ORS 479.295 is amended to read:

479.295. Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule:

(1) Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.300; and

(2) Standards for the implementation of ORS 479.250 to 479.300 and 479.990 [(6)] (5).

SECTION 23. ORS 479.730 is amended to read:

479.730. In compliance with ORS 183.310 to 183.550 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules:

(1) Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations.

(2) Establishing, altering or revoking minimum safety standards for design and construction of electrical products to be sold or disposed of in this state. Standards established under this subsection may include the certification of electrical products that a testing laboratory approved by the board under ORS 479.760 has tested and found to be safe within the minimum safety standards established under this section.

(3) Relating to the procedure for certifying and decertifying electrical products to be sold or disposed of in this state. The Department of Consumer and Business Services, with the approval of the board, may limit the type of electrical products it accepts for certification under ORS 479.760 (2)(a).

(4) Prescribing times, places and circumstances that permits shall be exhibited for inspection.

(5) Governing the internal organization and procedure for administering and enforcing ORS 479.510 to 479.945 [and 479.990 (5)].

(6) Establishing, altering, approving or revoking minimum standards for electrical training programs.

(7)(a) Establishing which electrical products may be field evaluated by a field evaluation firm rather than certified;

(b) Establishing cost-based fees, requirements and procedures for approving, maintaining and suspending or revoking approvals of field evaluation firms;

(A) Requirements and procedures for the field evaluation of electrical products;

(B) Requirements and procedures for issuing field evaluation labels for the electrical products evaluated by field evaluation firms, testing laboratories and special deputies; and

(d) Establishing requirements and procedures for preparation of reports regarding installation safety issued by field evaluation firms;

(e) Establishing when an inspecting jurisdiction may require a report from a field evaluation firm; and

(f) Establishing other requirements necessary to carry out this subsection and subsection (8) of this section.

(8) Establishing a program to authorize special deputies to conduct field inspections provided for under subsection (7) of this section.

(9) Establishing a program for cities and counties that administer and enforce the electrical specialty code to conduct field inspections of industrial electrical equipment identified under ORS 479.760 (3).

SECTION 24. ORS 479.810 is amended to read:

479.810. (1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 [and 479.990 (5)]. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. The board shall assist the director in reviewing determinations made by the staff involving electrical installations or products and to assist in formulating rules under ORS 479.730.

(2) The director, in consultation with the board, shall appoint a representative of the department’s staff of electrical inspectors who shall serve ex officio as secretary of the board. This person shall be known as the Chief Electrical Inspector.

(3) The director shall certify a person as an electrical inspector if:

(a) The person:

(A) Completes a general journeyman electrical apprenticeship program in Oregon;

(B) Has two years’ experience as a licensed electrician in Oregon; and

(b) For a person with experience outside the State of Oregon, the person:

(A)(i) Has five years’ experience in commercial or industrial electrical inspection; and

(ii) Passes the examination required for certification as a general supervising electrician; or

(B) Has six years of out-of-state experience as an electrician and passes the examination required for certification as a general supervising electrician.

(4) The board may, by rule, allow certification of persons as electrical inspectors with experience or training that does not meet the requirements specified in subsection (3) of this section.

(5) Rules adopted under this section shall provide for the recognition of equivalent experience acquired by a person outside the State of Oregon.

(6) An examination taken for purposes of applying for certification as an electrical inspector under this section shall not be valid for use in an application to become licensed as a supervising electrician.

SECTION 25. ORS 479.835 is amended to read:

479.835. (1) Any person who purchases an electrical product sold or disposed of in violation of ORS 479.610 may recover from a person violating ORS 479.610 an amount equal to the purchase price of the electrical product if the purchaser returns the electrical product within 90 days from the date of purchase.

(2) Any person may complain to the Electrical and Elevator Board in writing of any violation of ORS 479.610. The board shall consider the complaint at the next regular meeting of the board and may make a determination under [ORS 479.830] section 8 of this 2001 Act. The board may authorize an investigation necessary to complete its duties under this subsection.

SECTION 26. ORS 479.850 is amended to read:

479.850. All receipts from civil penalties, fees, charges, costs and expenses provided for in ORS 455.895 (1)(b), 479.510 to 479.945 and 479.990 when collected shall be:

(1) Paid into the Consumer and Business Services Fund created by ORS 705.145; and

(2) Used only for the enforcement and administration of ORS 479.510 to 479.945.

SECTION 27. ORS 479.990 is amended to read:

479.990. (1) Violation of any provision of ORS 479.020 to 479.130 or 479.160, or failure, neglect or refusal to comply with any requirements in these sections or rules adopted thereunder, is punishable by a civil penalty of not more than $50. Each day’s violation of or failure to comply with these provisions shall be deemed a separate violation.

(2) Violation of any provision of ORS 479.130 or rules adopted thereunder is punishable by a civil penalty of not more than $50. Each day’s violation shall be deemed a separate violation.

(3) Violation of ORS 479.150 or rules adopted thereunder is punishable by a civil penalty of not less than $10 nor more than $100. Each day of failure to comply with the provisions of ORS 479.150 or rules adopted thereunder shall be deemed a separate violation.

(4) Any owner or occupant of any building or premises who fails to comply with any order provided for in ORS 479.170 and not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, shall be punished by a civil penalty of not more than $500 for each violation. All penalties, fees or forfeitures collected under the provisions of this subsection shall be paid into the State Treasury.

[(5) Violation of any provision of ORS 479.510 to 479.945 or rules adopted thereunder is punishable by a civil penalty of not less than $100 nor more than $5,000.]

[(6)] (5) Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300 or rules adopted thereunder is punishable by a civil penalty imposed by the State Fire Marshal in an amount not to exceed $250.

[(7)] (6) Civil penalties under this section shall be imposed as provided in ORS 183.090.

SECTION 28. ORS 479.990, as amended by section 7, chapter 647, Oregon Laws 1997, and section 15, chapter 307, Oregon Laws 1999, is amended to read:

479.990. (1) Violation of any provision of ORS 479.020 to 479.130 or 479.160 or rules adopted thereunder, or failure, neglect or refusal to comply with any requirements in these sections, is punishable by a civil penalty of not more than $50. Each day’s violation of or failure to comply with these provisions shall be deemed a separate violation.

(2) Violation of any provision of ORS 479.130 or rules adopted thereunder is punishable by a civil penalty of not more than $50. Each day’s violation shall be deemed a separate violation.

[(5) Violation of any provision of ORS 479.510 to 479.945 or rules adopted thereunder is punishable by a civil penalty of not less than $100 nor more than $5,000.]

[(6)] (5) Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300, or rules adopted thereunder, is punishable by a civil penalty imposed by the State Fire Marshal in an amount not to exceed $250.

[(7)] (6) Civil penalties under this section shall be imposed as provided in ORS 183.090.

SECTION 29. ORS 693.025 is amended to read:

693.025. (1) A utility company, energy service provider or water supplier whose employees install low-flow showerheads or faucet aerators shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the company, provider or water supplier and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

(2) A person who contracts with a utility company, energy service provider or water supplier to perform the functions described in subsection (1) of this section shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the contractor and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

(3) The amount of the liability insurance required under subsections (1) and (2) of this section shall be in the amount of not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

(4) A person who performs, or who contracts to have performed, a service described in subsection (1) of this section may not perform any additional service for which a license is required under this chapter unless the person is licensed under this chapter to perform the additional service. A person not licensed under this chapter who performs services that are not described in subsection (1) of this section for which a license is required under this chapter is subject to civil penalty under [ORS 693.190] section 12 of this 2001 Act.

(5) Every utility company, energy service provider or water supplier shall include in any contract for the performance of a service described in subsection (1) of this section a statement that, under penalty of [ORS 693.190] section 12 of this 2001 Act, the contractor may not perform any service for which a license is required under this chapter, except installation of low-flow showerheads or faucet aerators, unless the contractor is licensed under this chapter to perform that service.

SECTION 30. ORS 693.165 is amended to read:

693.165. All moneys received by the Department of Consumer and Business Services or the State Plumbing Board under ORS 447.010 to 447.160 and 455.895 (1)(a) and this chapter shall be paid into the Consumer and Business Services Fund created by ORS 705.145. Such moneys shall be used only for the administration and enforcement of ORS 447.010 to 447.160 and this chapter.

SECTION 31. ORS 446.270, 446.415, 447.160, 479.830, 480.665 and 693.190 are repealed.

SECTION 32. If House Bill 2665 becomes law, section 5, chapter 220, Oregon Laws 2001 (Enrolled House Bill 2665) (amending ORS 446.270), is repealed.

Approved by the Governor June 18, 2001

Filed in the office of Secretary of State June 18, 2001

Effective date January 1, 2002

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