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 940
House Bill 2152
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.
Renames limited journeyman limited energy electrician's license
as Class A limited energy journeyman electrician's license.
Replaces restricted energy electrician's license and indorsements
with Class B restricted energy electrician's license.
A BILL FOR AN ACT
Relating to restricted energy electrician licensing; creating new
provisions; amending ORS 479.840, 479.870, 479.905, 479.910,
479.915, 479.930, 479.940 and 479.945; and repealing ORS
479.920.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 479.840 is amended to read:
479.840. Upon receipt of the following fee, the Department of
Consumer and Business Services shall issue or renew a license or
permit applied for under ORS 479.510 to 479.945:
(1) $125 for an electrical contractor license for each place of
business operated by the applicant.
(2) $125 for a limited energy contractor or limited sign
contractor license.
(3) $25 for a pump specialty contractor or limited maintenance
specialty contractor license.
(4) $150 for an elevator contractor license.
(5) $100 for a license for a:
(a) General journeyman electrician;
(b) General supervising electrician;
(c) Limited supervising industrial electrician;
(d) Limited supervising manufacturing plant electrician;
(e) Limited journeyman industrial electrician;
(f) Limited maintenance industrial electrician;
(g) Limited maintenance manufactured dwelling or recreational
vehicle electrician;
(h) Limited journeyman manufacturing plant electrician; or
(i) Limited journeyman railroad electrician.
(6) $50 for a license for a:
(a) Limited elevator journeyman;
(b) { - Limited journeyman - } { + Class A + } limited
energy { + journeyman + } electrician;
(c) Limited journeyman sign electrician;
(d) Limited journeyman sign service electrician;
(e) Limited journeyman stage electrician; and
(f) Limited building maintenance electrician.
(7) The Electrical and Elevator Board shall set uniform permit
fees, by rule, not to exceed the cost of administration.
(8) $10 for the right to take the written qualifying
examination.
(9) The fees provided for in this section shall not apply to
persons paying inspection fees under the terms of ORS 479.560 (3)
or 479.630 (10).
(10) Each electrical contractor may furnish to the department a
corporate surety bond to be approved by the department, an
irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or a cash bond under procedures approved
by the department, in the sum of $2,000 guaranteeing the payment
of all fees provided for under ORS 479.510 to 479.945. Before
commencing any electrical job an electrical contractor who has a
current bond or letter of credit under this subsection may apply
to the department for a working permit which shall cost an amount
established by the department by rule. The working permit shall
authorize the electrical contractor to commence work. The total
of all fees due for permits for each job, and the time such fees
are payable, shall be determined by the department by
administrative rule under ORS 479.730. The contractor shall keep
the bond or letter of credit in force at all times. Any
cancellation or revocation of the bond or letter of credit shall
revoke and suspend the license issued to the principal until such
time as a new bond or letter of credit shall be filed and
approved. The department may bring an action against the surety
named in the bond or the letter of credit issuer with or without
joining in such action the principal named in the bond or letter
of credit.
SECTION 2. ORS 479.870 is amended to read:
479.870. (1) The Electrical and Elevator Board shall provide by
rule for a statewide uniform method of calculating permit fees
and a standardized permit application format.
(2) Notwithstanding the provisions of subsection (1) of this
section, the board shall provide by rule for a separate
restricted energy electrical { + activity + } permit and the
conditions that apply to the permit.
(3) The board shall adopt rules setting standards for timely
review, personnel to conduct review and other plan review
requirements.
SECTION 3. ORS 479.905 is amended to read:
479.905. For the purposes of ORS 479.870 { - (1) and (2) - }
and 479.905 to 479.945, except where the context requires
otherwise:
(1) 'HVAC' means thermostat and associated control wiring of
heating, ventilation, air conditioning and refrigeration systems.
'HVAC' does not include boiler controls.
{ - (2) 'In the trade' means business activity in the sale,
installation, alteration, replacement, maintenance or repair of
electrical products for which an indorsement is created, provided
however, the mere offer and sale of an electrical product does
not constitute being in the trade. - }
{ + (2) 'Protective signaling' includes fire alarm, nurse
call and security installations. + }
(3) 'Restricted energy { - electric - } { + electrical + }
activity ' means installation, alteration, maintenance,
replacement or repair of electrical wiring and electrical
products that do not exceed 100 volt-amperes in Class 2 and Class
3 installations, or that do not exceed 300 volt-amperes for
landscape low voltage lighting systems that are cord connected to
a ground fault circuit interrupter receptacle, under the
electrical specialty code and the One and Two Family Dwelling
Code.
{ - (4) 'Instrumentation indorsement' means restricted energy
electrical activity and the connection and disconnection of
existing power supply to and from an instrument if the activity
takes place in an industrial plant under the supervision of a
limited supervising electrician or person of higher qualification
under ORS 479.510 to 479.945. - }
{ - (5) 'Protective signaling' includes security, access
control and closed circuit television. - }
SECTION 4. ORS 479.910 is amended to read:
479.910. (1) Upon payment of an examination and license or
renewal fee, the Department of Consumer and Business Services
shall issue a { + Class B + } restricted energy electrician's
license to a person who qualifies under ORS 479.915. A person
licensed under
{ - ORS 479.915 - } { + this section + } may perform
restricted energy electrical activity { - in the area for which
the licensee has obtained an indorsement as provided in ORS
479.920 - } { + except protective signaling as defined in ORS
479.905 + }.
(2) A person licensed under { - ORS 479.915 - } { + this
section + } shall comply with the permit and code compliance
requirements under ORS 479.510 to 479.945.
(3) The examination and license fee, and the renewal fee, for a
{ + Class B + } restricted energy electrician's license are the
same as those set forth in ORS 479.840 (6)(b) for a { + Class
A + } limited energy { + journeyman + } electrician's license.
(4) The continuing education requirement shall not exceed eight
hours of classes every three years on changes to the electrical
code.
SECTION 5. ORS 479.915 is amended to read:
479.915. (1) An applicant { + for a Class B restricted energy
electrician's license + } shall:
(a) Submit proof satisfactory to the Electrical and Elevator
Board that the person has completed at least two years of
experience as an apprentice or the equivalent in restricted
energy electrical activity; and
(b) Pass a written examination approved by the board and
administered by the Department of Consumer and Business Services.
(2) Notwithstanding { - the provisions of - } { + ORS
479.910 and + } subsection (1) of this section, { + the
department shall issue + } a special { + Class B + }restricted
energy electrician's license { - with an indorsement for
special installation shall be issued - } { + to a person + }
for a particular activity or series of identified activities if
{ - a - } { + the + } person demonstrates to the satisfaction
of the board that such issuance is necessary because of:
(a) The extremely specialized nature of the activity;
(b) The specialized training of the person regarding the
product and its activity; and
(c) The unavailability of a person licensed under ORS 479.910
to work on the product.
(3) The board shall determine the adequacy of any training
program for qualification under the requirements of ORS 479.910
{ - , - } { + and + } 479.930 and this section.
SECTION 6. { + ORS 479.930 is added to and made a part of ORS
479.905 to 479.945. + }
SECTION 7. ORS 479.930 is amended to read:
479.930. { - (1) Notwithstanding the provision of ORS
479.915, a person shall be granted a restricted energy
electrician's license with appropriate indorsement if, prior to
June 30, 1995, the person: - }
{ - (a) Submits proof satisfactory to the board that prior to
January 1, 1994, the person received training as required by the
board in restricted energy electrical activity, including areas
described in ORS 479.945 (1); and - }
{ - (b) Had completed at least two years' experience in the
trade. - }
{ + (1) Notwithstanding ORS 479.915, the Department of
Consumer and Business Services shall issue a Class B restricted
energy electrician's license to a person if:
(a) Prior to January 1, 2002, the person receives training as
required by the Electrical and Elevator Board in restricted
energy electrical activity, including areas described in ORS
479.945 (1); and
(b) Prior to June 30, 2003, the person:
(A) Submits satisfactory proof of training to the board; and
(B) Completes at least two years' experience. + }
(2) A person who qualifies for licensure { - and
indorsement - } under subsection (1) of this section { - shall
meet the following requirements - } { + must, + } prior to
December 31, { - 1996 - } { + 2004 + }:
(a) { - Attendance in - } { + Attend + } at least
{ - eight - } { + 40 + } hours of restricted energy electrical
{ + activity + } training as required by the board; and
(b) { - Passage of - } { + Pass + } the examination under
ORS 479.915 (1)(b).
{ + (3) Notwithstanding ORS 479.910, the department shall
issue a Class A limited energy journeyman electrician's license
to a person holding a valid restricted energy electrician's
license issued under ORS 479.910 (1999 Edition) prior to the
effective date of this 2001 Act with the indorsement of fire
alarm installation, nurse call or protective signaling if, prior
to June 30, 2003, the person:
(a) Completes at least two years' experience;
(b) Attends at least 40 hours of limited energy electrical
training as required by rule of the board; and
(c) Passes a written examination approved by the board and
administered by the department. + }
SECTION 8. ORS 479.940 is amended to read:
479.940. (1) The licensure provisions of ORS 479.510 to 479.945
do not apply to the following activity on Class II and III
systems in one and two family dwellings:
(a) Prewiring of cable television and telephone systems owned
by the owner of the residence;
(b) Garage door openers;
(c) Vacuum systems;
(d) Audio and stereo systems; and
(e) HVAC.
(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 9. ORS 479.945 is amended to read:
479.945. A restricted energy contractor's license is created
for persons engaged in HVAC and such other categories as
established by the Electrical and Elevator Board by rule:
(1) A person licensed as a restricted energy contractor under
this section and the person's employees may install, alter,
maintain, replace or repair electrical wiring and electrical
products that are within the scope of the contractor's license
issued under this section. A person covered by this subsection
does not have to obtain a license under ORS 479.910.
(2) The license issued under this section shall limit the scope
of activities that the licensee and licensee's employees may
engage in and in no instance shall the scope of the license
exceed that of a { + Class B + } restricted energy
{ - electrical licensee - } { + electrician + }.
(3) An applicant for licensing under this section shall provide
proof satisfactory to the board that the person has experience of
the type of work covered by the license indorsement and shall pay
the fees required by ORS 479.840 (2) for a limited energy
contractor.
(4) A restricted energy contractor licensee under this section
shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this
section;
(b) Issue an identification card to each employee working under
the provisions of this section and identify the contractor, date
of issue, contractor's identification number with the board and
the Construction Contractors Board; and
(c) Maintain with the board a current form of identification
card used by the contractor.
(5) A person holding a limited maintenance specialty
contractor's license under ORS 479.630 (12) who also registers
under this section shall comply with the identification card
requirements of subsection (4) of this section, but need not file
a separate list of employees unless the work under the
contractor's license is done by different employees.
(6) If any restricted energy contractor repeatedly violates the
requirements of this section, the board may, in addition to any
other remedies, suspend, revoke or condition the contractor's
license.
SECTION 10. { + ORS 479.920 is repealed. + }
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