71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2153
LC 942/HB 2153-5
HOUSE AMENDMENTS TO
HOUSE BILL 2153
By COMMITTEE ON GOVERNMENT EFFICIENCY
April 20
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert '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
appropriating money.'.
After line 3, insert:
' { + 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.'.
In line 4, delete '1' and insert '16'.
In line 6, delete 'or pursuant to law' and insert 'ORS 455.150
or 455.153'.
In line 8, delete 'shall, in the performance of normal duties'
and insert 'may, in accordance with a compliance program as
described in ORS 455.153 (2)'.
In line 13, delete '2' and insert '17'.
In lines 23 and 24, delete the boldfaced material and insert '
establishing a program intended to verify compliance with state
licensing requirements'.
In line 25, delete 'of municipal duties'.
In line 30, delete '3' and insert '18'.
On page 2, line 15, delete 'shall' and insert 'may'.
In line 20, delete 'shall' and insert 'may'.
After line 45, insert:
' (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.'.
On page 3, line 1, delete '(4)(a)' and insert '(5)(a)'.
In line 13, delete 'ORS 479.830' and insert 'section 8 of this
2001 Act'.
In line 21, delete 'ORS 447.160' and insert 'section 6 of this
2001 Act'.
After line 26, insert:
' { + 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
' (c) The duty is described by clear performance standards.
' (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
' (c) A reasonable time shall be provided to the municipality
for compliance.
' (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;
' (c) With the authorization of the Office of the Attorney
General, subpoena persons and records;
' (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;
' (c) Establishing:
' (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
' (C) Cost-based fees for special deputy evaluations;
' (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
' (C) Passes the examination required for certification as a
supervising electrician; or
' (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.
' (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 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. + } ' .
----------