71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2153
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)
CHAPTER ................
AN ACT
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. + }
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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
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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.
(c) Temporary parks requirements adopted under ORS 446.105.
(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
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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
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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
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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
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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. + }
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{ - (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
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{ - 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:
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(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
Enrolled House Bill 2153 (HB 2153-B) Page 10
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,
Enrolled House Bill 2153 (HB 2153-B) Page 11
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 + }.
Enrolled House Bill 2153 (HB 2153-B) Page 12
(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. + }
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Passed by House April 27, 2001
Repassed by House May 22, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2001
...........................................................
President of Senate
Enrolled House Bill 2153 (HB 2153-B) Page 13
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2153 (HB 2153-B) Page 14