71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3611
Sponsored by Representative GARDNER (at the request of
International Brotherhood of Electrical Workers)
CHAPTER ................
AN ACT
Relating to persons working on industrial electrical equipment;
amending ORS 479.540 and 479.853.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection,
{ - no - } { + a + } person is { + not + } required to
obtain a license to make an electrical installation on property
that is owned by the person or a member of the person's immediate
family if the property is not intended for sale, exchange, lease
or rent. The following apply to the exemption established in this
subsection:
(a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
(b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property. As used in
this paragraph, 'new electrical installations or substantial
alterations' does not include the replacement of an existing
garbage disposal, dishwasher or electric hot water heater with a
similar appliance of 30 amps or less, single phase, by a
landlord, landlord's agent or the employee of the landlord or
landlord's agent.
(2) { - No - } { + An + } electrical contractor license is
{ + not + } required in connection with an electrical
installation:
(a) Of meters and similar devices for measuring electricity by
a person principally engaged in the business of generating or
selling electricity in connection with the construction or
maintenance of electrical lines, wires or equipment.
(b) Of ignition or lighting systems for motor vehicles.
(c) To be made by a person on the person's property in
connection with the person's business.
(d) To be made by a public utility, telecommunications carrier
as defined in ORS 133.721 or municipality for generation,
Enrolled House Bill 3611 (HB 3611-A) Page 1
transmission or distribution of electricity on property which it
owns or manages.
(3) { - No - } { + A + } person whose sole business is
generating or selling electricity in connection with the
construction or maintenance of electrical lines, wires or
equipment, is { + not + } required to obtain a license to
transform, transmit or distribute electricity from its source to
the service head of the premises to be supplied thereby.
(4)(a) { - No - } { + A + } person is { + not + } required
to obtain a license for the repair or replacement of light
fixtures, light switches, lighting ballast, electrical outlets or
smoke alarms in a building used for housing purposes that is
owned, leased, managed or operated by a housing authority and the
person doing the repair or replacement is a member of the housing
authority's regular maintenance staff.
(b) { - No - } { + A + } license is { + not + } required
for:
(A) Temporary demonstrations;
(B) A street lighting system located on a public street or in a
right of way if the system is similar to a system provided by a
public utility and the installation or maintenance, or both, is
performed by a qualified employee of a licensed electrical
contractor principally engaged in the business of installing and
maintaining such systems; or
(C) An outdoor transmission or distribution system, whether
overhead or underground, if the system is similar to a system
provided by a public utility and the installation or maintenance,
or both, is performed by a qualified employee of a licensed
electrical contractor principally engaged in the business of
installing and maintaining such systems.
(c) For the purposes of this subsection, 'qualified employee'
means an employee who has registered with or graduated from a
State of Oregon or federally approved apprenticeship course
designed for the work being performed. The supervising
electrician signature required under ORS 479.560 (1)(b) does not
apply to contractors working under this subsection.
(5) The provisions of ORS 479.510 to 479.945 do not apply:
(a) To electrical products owned by, supplied to or to be
supplied to a public utility as defined in ORS 757.005 or
telecommunications carrier as defined in ORS 133.721;
(b) To electrical installations made by or for such a public
utility or telecommunications carrier where the electrical
installations are an integral part of the equipment or electrical
products of such utility; or
(c) To any electrical generation plant owned or operated by a
municipality to the same extent as a public utility or
telecommunications carrier under paragraphs (a) and (b) of this
subsection.
(6) { - No - } { + A + } permit is { + not + } required:
(a) For the repair or replacement of light fixtures, light
switches, lighting ballast, electrical outlets or smoke alarms in
a building used for housing purposes that is owned, leased,
managed or operated by a housing authority; or
(b) For the repair, alteration or replacement of existing
electrical products or electrical installations authorized by ORS
479.560 (3) at an industrial plant, a commercial office building,
a building that is owned, leased, managed or operated by the
state or a local government entity or other facilities designated
by the Electrical and Elevator Board when the owner, operating
Enrolled House Bill 3611 (HB 3611-A) Page 2
manager or electrical contractor of the facility meets the
provisions of ORS 479.630 (1) and (2) and:
(A) Obtains a master permit for inspection under ORS 479.560
(3); or
(B) Obtains a master individual inspection permit under ORS
479.565.
(7) In cases of emergency in industrial plants { + , + }
{ - no - } { + a + } permit is { + not + } required in
advance for electrical installation made by a person licensed as
a general supervising electrician, a general journeyman
electrician or an electrical apprentice under ORS 479.630 if an
application accompanied by appropriate fee for a permit is
submitted to the Department of Consumer and Business Services
within five days after the commencement of such electrical work.
{ + (8)(a) A license or permit is not required for the
installation or assembly of industrial electrical equipment by
the duly authorized agents of the factory, vendor or owner.
(b) The license and permit exemptions of this subsection do not
apply to activity in an area where industrial electrical
equipment is installed in or enters a hazardous location or
penetrates or enters a fire rated assembly or plenum rated
assembly.
(c) As used in this subsection:
(A) 'Duly authorized agents' means individuals trained by the
factory or a vendor or by experience and who are knowledgeable in
the operation, maintenance, repair and installation of industrial
electrical equipment.
(B) 'Installation or assembly' means the reassembly at a job
site of equipment that is wired and assembled at the factory and
then disassembled for shipping purposes or of existing equipment
that is relocated. 'Installation or assembly' does not include
work involving field fabricated assemblies or any other
electrical product that is not an original part of the industrial
electrical equipment. 'Installation or assembly' does not include
the connection of industrial electrical equipment to a power
source. + }
{ - (8) - } { + (9) + } { - No - } { + A + } person is
{ + not + } required to obtain a license or permit to set in
place and connect a certified electrical product as long as the
work performed is not an electrical installation as defined in
ORS 479.530.
{ - (9) - } { + (10) + } The provisions of ORS 479.510 to
479.945 do not apply to electrical installations involving:
(a) Communication and signal systems of railroad companies.
(b) Telephone terminal equipment and communications systems
including all grandfathered or registered telephone terminal
equipment and communications systems identified in the Federal
Communications Commission rules and regulations, Volume X, part
68, and all terminal equipment and communications systems that
are utilized in conjunction with private line communications
services.
(c) Remote and permanent broadcast systems of radio and
television stations licensed by the Federal Communications
Commission if the systems are not part of the building's
permanent wiring.
{ - (10)(a) - } { + (11)(a) + } The board may grant partial
or complete exemptions by rule for any electrical product from
any of the provisions of ORS 455.610 to 455.630 or 479.510 to
479.945 if the board determines that the electrical product does
Enrolled House Bill 3611 (HB 3611-A) Page 3
not present a danger to the health and safety of the people of
this state.
(b) If the board grants an exemption pursuant to subsection (1)
of this section, the board may determine that the product may be
installed by a person not licensed under ORS 479.510 to 479.945.
{ - (11) - } { + (12) + } ORS 479.760 does not apply to
products described in this subsection that comply with the
minimum electrical installation safety code. This subsection does
not exempt any products used in locations determined to be
hazardous in the electrical code of this state. The following
apply to this subsection:
(a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
(A) Industrial electrical equipment that is factory wired using
separately certified components and is custom-made, limited
produced or outside the scope, as determined by the Director of
the Department of Consumer and Business Services, of the
standards and requirements of Underwriters Laboratories, Canadian
Standards Association or American National Standards Institute as
in effect on October 23, 1999.
(B) The rotating equipment portion of power generation
equipment.
(C) Testing equipment used in a laboratory or hospital.
(D) Commercial electrical air conditioning equipment.
(E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of
business for assembly on the job site if the work is composed of
parts that are certified electrical products.
(b) Notwithstanding paragraph (a) of this subsection, the board
may require any of the products described in paragraph (a) of
this subsection to be subject to the certification requirements
under ORS 479.760 if the board determines that the product or
class of products has presented a fire or life safety hazard in
use. A determination under this paragraph shall be effective as
to any such product or class of products sold or offered for sale
after the date of the determination becomes final. The board may
reinstate any exemption removed under this paragraph if the board
determines that the reasons for the removal of the exemption have
been corrected.
{ - (12) - } { + (13) + } ORS 479.760 does not apply to
electrical equipment that has been in use for one year or more
and that is offered for sale.
{ - (13) - } { + (14) + } A person who holds a limited
maintenance specialty contractor license or a limited pump
installation specialty contractor license issued under ORS
479.510 to 479.945 or a person who is the employee of such
license holder and who is listed with the board as an employee is
not required to have a journeyman license or supervising
electrician's license to perform work authorized under the
person's license.
{ - (14) - } { + (15) + } { - No - } { + A + } person
is { + not + } required to obtain a permit for work on,
alterations to or replacement of parts of electrical
installations as necessary for maintenance of existing electrical
installations on residential property owned by the person or by a
member of the person's immediate family. This subsection does not
establish an exemption for new electrical installations or
substantial alterations to existing electrical installations.
Enrolled House Bill 3611 (HB 3611-A) Page 4
{ - (15) - } { + (16) + } { - No - } { + A + } permit
is { + not + } required for those minor electrical installations
for which the board has authorized an installation label.
{ - (16) - } { + (17) + } A residential home, as defined in
ORS 443.580, and an adult foster home, as defined in ORS 443.705,
{ - shall not be considered to be - } { + is not + } a
multifamily dwelling and only electrical installation standards
and safety requirements applicable to single family dwellings
apply to such homes.
{ - (17) - } { + (18) + } The permit requirements of ORS
479.550 and the license requirements of ORS 479.620 do not apply
to cable television installations.
{ - (18) - } { + (19) + } The provisions of any electrical
products code or rule adopted pursuant to ORS 479.510 to 479.945
apply to cable and such products installed as part of a cable
television installation.
{ - (19) - } { + (20) + } As used in this section, 'smoke
alarm' shall have the meaning given that term under ORS 479.250.
SECTION 2. ORS 479.853 is amended to read:
479.853. If any person is aggrieved by a decision made upon
inspection under authority of ORS 455.150 or 479.510 to 479.945
of an electrical product or electrical inspection, the person may
appeal the decision. The following apply to an appeal under this
section:
(1) An appeal under this section shall be subject to ORS
183.310 to 183.550.
(2) An appeal under this section shall be made first to the
chief electrical inspector of the Department of Consumer and
Business Services. The decision of the department chief inspector
may be appealed to the Electrical and Elevator Board. The
decision of the Electrical and Elevator Board may only be
appealed to the Director of the Department of Consumer and
Business Services if codes in addition to the electrical code are
at issue.
(3) If the Electrical and Elevator Board determines that a
decision by the chief electrical inspector is a major code
interpretation, then the inspector shall distribute the decision
in writing to all public and private electrical inspection
authorities in the state. The decision shall be distributed
within 60 days after the board's determination, and there shall
be no charge for the distribution of the decision. As used in
this subsection, a 'major code interpretation' means a code
interpretation decision that affects or may affect more than one
job site or more than one inspection jurisdiction.
(4) If an appeal is made under this section, an inspection
authority shall extend the electrical plan review deadline by the
number of days it takes for a final decision to be issued for the
appeal.
(5) Unless the department determines that the electrical
product or electrical installation presents an immediate fire or
life safety hazard, a person may operate an electrical product or
electrical installation that is the subject of an appeal under
this section until the appeal process is complete. If the
department determines that an immediate fire or life safety
hazard exists and the product or installation may not be operated
during appeal, the department shall provide the person with a
written report detailing the problems found by the department. If
a determination is made under this subsection that products
described in ORS 479.540 { - (11) - } { + (12) + } may not be
operated during appeal, that determination may be appealed
Enrolled House Bill 3611 (HB 3611-A) Page 5
immediately under the procedure established in subsection (2) of
this section without first completing any appeal procedure
established by a city or county.
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Passed by House May 29, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 19, 2001
...........................................................
President of Senate
Enrolled House Bill 3611 (HB 3611-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3611 (HB 3611-A) Page 7