71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 939
House Bill 2151
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Consumer and Business Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies exemption from licensing for persons installing
communications systems.
A BILL FOR AN ACT
Relating to exemptions from electrical safety law; amending ORS
479.540 and 479.940; and repealing ORS 479.943.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection,
no person is required to obtain a license to make an electrical
installation on property that is owned by the person or a member
of the person's immediate family if the property is not intended
for sale, exchange, lease or rent. The following apply to the
exemption established in this subsection:
(a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
(b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property. As used in
this paragraph, 'new electrical installations or substantial
alterations' does not include the replacement of an existing
garbage disposal, dishwasher or electric hot water heater with a
similar appliance of 30 amps or less, single phase, by a
landlord, landlord's agent or the employee of the landlord or
landlord's agent.
(2) No electrical contractor license is required in connection
with an electrical installation:
(a) Of meters and similar devices for measuring electricity by
a person principally engaged in the business of generating or
selling electricity in connection with the construction or
maintenance of electrical lines, wires or equipment.
(b) Of ignition or lighting systems for motor vehicles.
(c) To be made by a person on the person's property in
connection with the person's business.
(d) To be made by a public utility, telecommunications carrier
as defined in ORS 133.721 or municipality for generation,
transmission or distribution of electricity on property which it
owns or manages.
(3) No person whose sole business is generating or selling
electricity in connection with the construction or maintenance of
electrical lines, wires or equipment, is required to obtain a
license to transform, transmit or distribute electricity from its
source to the service head of the premises to be supplied
thereby.
(4)(a) No person is required to obtain a license for the repair
or replacement of light fixtures, light switches, lighting
ballast, electrical outlets or smoke alarms in a building used
for housing purposes that is owned, leased, managed or operated
by a housing authority { - and - } { + if + } the person
doing the repair or replacement is a member of the housing
authority's regular maintenance staff.
(b) No license is required for:
(A) Temporary demonstrations;
(B) A street lighting system located on a public street or in a
right of way if the system is similar to a system provided by a
public utility and the installation or maintenance, or both, is
performed by a qualified employee of a licensed electrical
contractor principally engaged in the business of installing and
maintaining such systems; or
(C) An outdoor transmission or distribution system, whether
overhead or underground, if the system is similar to a system
provided by a public utility and the installation or maintenance,
or both, is performed by a qualified employee of a licensed
electrical contractor principally engaged in the business of
installing and maintaining such systems.
(c) For the purposes of this subsection, 'qualified employee'
means an employee who has registered with or graduated from a
State of Oregon or federally approved apprenticeship course
designed for the work being performed. The supervising
electrician signature required under ORS 479.560 (1)(b) does not
apply to contractors working under this subsection.
(5) The provisions of ORS 479.510 to 479.945 do not apply { +
to + }:
(a) { - To - } Electrical products owned by, supplied to or
to be supplied to a public utility as defined in ORS 757.005
{ - or telecommunications carrier as defined in ORS 133.721 - }
;
(b) { - To - } Electrical installations made by or for such
a public utility { - or telecommunications carrier where - }
{ + if + } the electrical installations are an integral part of
the equipment or electrical products of { - such - }
{ + the + } utility; { - or - }
(c) { - To - } Any electrical generation plant owned or
operated by a municipality to the same extent as a public utility
{ - or telecommunications carrier - } under paragraphs (a) and
(b) of this subsection { + ; or
(d) Electrical products on the load side of power supplies
owned by, supplied to or to be supplied to a telecommunications
utility as defined in ORS 759.005 and installed in any area
permitted under subsection (9)(b) of this section + }.
(6) { - No - } { + A + } permit is { + not + }
required { + for the following + }:
(a) { - For the - } Repair or replacement of light fixtures,
light switches, lighting ballast, electrical outlets or smoke
alarms in a building used for housing purposes that is owned,
leased, managed or operated by a housing authority { + . + }
{ - ; or - }
(b) { - For the - } Repair, alteration or replacement of
existing electrical products or electrical installations
authorized by ORS 479.560 (3) at an industrial plant, a
commercial office building, a building that is owned, leased,
managed or operated by the state or a local government entity or
other facilities designated by the Electrical and Elevator Board
{ - when - } { + if + } the owner, operating manager or
electrical contractor of the facility meets the provisions of ORS
479.630 (1) and (2) and:
(A) Obtains a master permit for inspection under ORS 479.560
(3); or
(B) Obtains a master individual inspection permit under ORS
479.565.
{ + (c) Installation of restricted energy electrical
activities, data communications systems, telecommunications
systems, fiber-optical systems or video and audio systems unless
the systems:
(A) Are protective signaling systems;
(B) Are in a special occupancy hazardous location;
(C) Penetrate a fire-resistive wall, ceiling or floor system;
or
(D) Are cable systems that are located in a plenum or access
floor system. + }
(7) In cases of emergency in industrial plants no permit is
required in advance for electrical installation made by a person
licensed as a general supervising electrician, a general
journeyman electrician or an electrical apprentice under ORS
479.630 if an application accompanied by appropriate fee for a
permit is submitted to the Department of Consumer and Business
Services within five days after the commencement of such
electrical work.
(8) No person is required to obtain a license or permit to set
in place and connect a certified electrical product as long as
the work performed is not an electrical installation as defined
in ORS 479.530.
(9) The provisions of ORS 479.510 to 479.945 do not apply to
electrical installations involving:
(a) Communication and signal systems of railroad companies.
(b) { - Telephone terminal equipment and communications
systems including all grandfathered or registered telephone
terminal equipment and communications systems identified in the
Federal Communications Commission rules and regulations, Volume
X, part 68, and all terminal equipment and communications systems
that are utilized in conjunction with private line communications
services. - } { + Communications equipment that is under the
exclusive control of a communications public utility and that is
located outdoors or in a building space used exclusively for
communications purposes in the exercise of utility functions
unless the equipment:
(A) Is in a special occupancy hazardous location;
(B) Penetrates a fire-resistive wall, ceiling or floor system;
or
(C) Is a cable system that is located in a plenum or access
floor system. This paragraph does not exempt heating, cooling,
ventilating or pumping equipment or elevators. This paragraph
does not exempt any feeder, service, switchboard, branch circuit
panelboard or standby power generator, used in whole or in part
for general building operation purposes. + }
(c) Remote and permanent broadcast systems of radio and
television stations licensed by the Federal Communications
Commission if the systems are not part of the building's
permanent wiring.
(10)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS
455.610 to 455.630 or 479.510 to 479.945 if the board determines
that the electrical product does not present a danger to the
health and safety of the people of this state.
(b) If the board grants an exemption pursuant to subsection (1)
of this section, the board may determine that the product may be
installed by a person not licensed under ORS 479.510 to 479.945.
(11) ORS 479.760 does not apply to products described in this
subsection that comply with the minimum electrical installation
safety code. This subsection does not exempt any products used in
locations determined to be hazardous in the electrical code of
this state. The following apply to this subsection:
(a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
(A) Industrial electrical equipment that is factory wired using
separately certified components and is custom-made, limited
produced or outside the scope, as determined by the Director of
the Department of Consumer and Business Services, of the
standards and requirements of Underwriters Laboratories, Canadian
Standards Association or American National Standards Institute as
in effect on October 23, 1999.
(B) The rotating equipment portion of power generation
equipment.
(C) Testing equipment used in a laboratory or hospital.
(D) Commercial electrical air conditioning equipment.
(E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of
business for assembly on the job site if the work is composed of
parts that are certified electrical products.
(b) Notwithstanding paragraph (a) of this subsection, the board
may require any of the products described in paragraph (a) of
this subsection to be subject to the certification requirements
under ORS 479.760 if the board determines that the product or
class of products has presented a fire or life safety hazard in
use. A determination under this paragraph shall be effective as
to any such product or class of products sold or offered for sale
after the date of the determination becomes final. The board may
reinstate any exemption removed under this paragraph if the board
determines that the reasons for the removal of the exemption have
been corrected.
(12) ORS 479.760 does not apply to electrical equipment that
has been in use for one year or more and that is offered for
sale.
(13) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty
contractor license issued under ORS 479.510 to 479.945 or a
person who is the employee of such license holder and who is
listed with the board as an employee is not required to have a
journeyman license or supervising electrician's license to
perform work authorized under the person's license.
(14) No person is required to obtain a permit for work on,
alterations to or replacement of parts of electrical
installations as necessary for maintenance of existing electrical
installations on residential property owned by the person or by a
member of the person's immediate family. This subsection does not
establish an exemption for new electrical installations or
substantial alterations to existing electrical installations.
(15) No permit is required for those minor electrical
installations for which the board has authorized an installation
label.
(16) A residential home, as defined in ORS 443.580, and an
adult foster home, as defined in ORS 443.705, shall not be
considered to be a multifamily dwelling and only electrical
installation standards and safety requirements applicable to
single family dwellings apply to such homes.
(17) The permit requirements of ORS 479.550 { - and the
license requirements of ORS 479.620 - } do not apply to cable
television installations { + unless the system:
(a) Is in a special occupancy hazardous location;
(b) Penetrates a fire-resistive wall, ceiling or floor system;
or
(c) Is a cable system that is located in a plenum or access
floor system + }.
(18) The provisions of any electrical products code or rule
adopted pursuant to ORS 479.510 to 479.945 apply to cable and
such products installed as part of a cable television
installation.
(19) As used in this section { + : + } { - , - }
{ + (a) + } 'Smoke alarm' { - shall have - } { + has + }
the meaning given that term under ORS 479.250.
{ + (b) 'Special occupancy hazardous location' means a Class
1, 2 or 3, Division 1 or 2, location where fire or explosion
hazards may exist, all as described in the electrical specialty
code. + }
SECTION 2. ORS 479.940 is amended to read:
479.940. (1) { + (a) + } The licensure provisions of ORS
479.510 to 479.945 do not apply to the following activity on
Class { - II and III - } { + 2 and 3 + } systems in one and
two family dwellings:
{ - (a) - } { + (A) + } Prewiring of cable television and
telephone systems owned by the owner of the residence;
{ - (b) - } { + (B) + } Garage door openers;
{ - (c) - } { + (C) + } Vacuum systems;
{ - (d) - } { + (D) + } Audio and stereo systems;
{ - and - }
{ - (e) - } { + (E) + } HVAC { + ;
(F) Security systems that do not provide for fire protection
notification;
(G) Data communications systems; and
(H) Doorbells + }.
{ + (b) As used in this subsection, 'Class 2 and 3 systems '
means systems having Class 2 and 3 circuits as described in
electrical specialty code provisions governing remote control,
signaling and power-limited circuits. + }
(2) The provisions of subsection (1) of this section apply only
to persons or businesses licensed and in good standing with the
Construction Contractors Board.
(3)(a) The licensure provisions of ORS 479.510 to 479.945 do
not apply to restricted energy { - electric - }
{ + electrical + } activity involving landscape irrigation
control wiring and outdoor landscape lighting installed by a
business licensed under ORS 671.510 to 671.710.
(b) A business exempt from licensing under this section shall
issue an identification card to its landscape irrigation control
wiring or outdoor landscape lighting installer. The form for the
identification card shall be provided by the State Landscape
Contractors Board. The identification card shall include the name
of the installer, the name and State Landscape Contractors Board
identification number of the landscaping business and the date of
issue of the identification card. The card shall be carried by
the installer at the job site when performing the allowed
electric installations.
(4) All nonlicensure requirements of ORS 479.510 to 479.945,
including permits for and compliance with the electrical
specialty code apply to activities conducted under subsections
(1) to (3) of this section. If any person or business repeatedly
violates the permit or code compliance requirements, in addition
to any other remedy, the { + Electrical and Elevator + } Board
may suspend, condition or revoke a person's or business's right
to use this provision.
SECTION 3. { + ORS 479.943 is repealed. + }
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