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 2023
House Bill 3122
Sponsored by Representative DEVLIN (at the request of Sheet Metal
and Air Conditioning National Contractors Association, Local
16)
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.
Prohibits engaging in sheet metal work without journey level
certificate, temporary permit or training certificate. Punishes
violation by maximum of one year's imprisonment, $5,000 fine, or
both.
Requires Director of Department of Consumer and Business
Services to establish certification system for sheet metal
workers. Requires director to establish advisory board.
Establishes Sheet Metal Workers Advisory Board Account.
Appropriates moneys from General Fund to Sheet Metal Workers
Advisory Board Account for biennial expenses.
A BILL FOR AN ACT
Relating to sheet metal workers; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2001 Act, '
sheet metal work' means the manufacturing, fabricating,
assembling, handling, erecting, installing, adjusting, altering
and repairing of all metal work, and all other materials used in
lieu thereof, used for heating, ventilating, air conditioning and
exhaust systems of commercial and industrial buildings. + }
SECTION 2. { + (1) An employer may not employ a person to
perform sheet metal work unless the person holds a journey level
certificate, temporary permit or training certificate issued
under section 3 of this 2001 Act.
(2) A person may not engage in sheet metal work unless the
person holds a journey level certificate, temporary permit or
training certificate issued under section 3 of this 2001 Act.
(3) A person who holds a training certificate must be
supervised by a person who has a journey level certificate or
temporary permit issued under section 3 of this 2001 Act. + }
SECTION 3. { + In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Director of the Department of
Consumer and Business Services, by rule, shall establish a
certification system for persons who perform sheet metal work.
The system shall include but not be limited to the following
provisions:
(1) Prescribing the form and content of and the times and
procedures for submitting an application for the issuance or
renewal of a journey level certificate, temporary permit or
training certificate.
(2) Prescribing the term of the permit or certificate and the
fee for the original issue and renewal in an amount that does not
exceed the cost of administering the certification system.
(3) Prescribing the requirements for and the manner of testing
the competency of permit and certificate applicants for the
protection of the public and the safety of persons occupying
buildings where sheet metal work is performed.
(4) Prescribing the actions or circumstances that constitute
failure to achieve or maintain competency or that otherwise
constitute a danger to the public health or safety and for which
the director may refuse to issue or renew or may suspend or
revoke a journey level certificate, temporary permit or training
certificate.
(5) Establishing an advisory board to provide assistance in
developing competency standards and tests for permit and
certificate applicants and other matters regarding the
administration of sections 1 to 4 of this 2001 Act, and providing
for the payment of compensation and expenses to members of the
advisory board, in such amounts as the director considers
appropriate, from such moneys as may be available in the Sheet
Metal Workers Advisory Board Account. + }
SECTION 4. { + The Sheet Metal Workers Advisory Board Account
is established as an account in the General Fund of the State
Treasury. All moneys received by the Department of Consumer and
Business Services pursuant to sections 3 and 6 of this 2001 Act
shall be paid into the State Treasury and credited to the
account. All moneys in the account are appropriated continuously
to the Department of Consumer and Business Services to carry out
the provisions of sections 1 to 4 of this 2001 Act. + }
SECTION 5. { + Violation of section 2 of this 2001 Act is a
Class A misdemeanor. + }
SECTION 6. { + There is appropriated to the Sheet Metal
Workers Advisory Board Account, for the biennium beginning July
1, 2001, out of the General Fund, the amount of $___ for the
purpose of carrying out the provisions of sections 1 to 4 of this
2001 Act. + }
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