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 3457
House Bill 3833
Sponsored by Representative BUTLER
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.
Removes Department of Consumer and Business Services authority
over state building code. Establishes Construction Contractors
Board, State Landscape Contractors Board, Appraiser Certification
and Licensure Board, Building Codes Structures Board, Board of
Boiler Rules, Electrical and Elevator Board, Manufactured
Structures and Parks Board and State Plumbing Board as
semi-independent state agencies. Renames Manufactured Structures
and Parks Advisory Board to Manufactured Structures and Parks
Board.
A BILL FOR AN ACT
Relating to semi-independent state agencies; creating new
provisions; amending ORS 90.100, 182.451, 182.470, 182.472,
183.457, 197.314, 215.236, 421.645, 446.003, 446.005, 446.062,
446.066, 446.072, 446.076, 446.095, 446.100, 446.105, 446.155,
446.160, 446.170, 446.176, 446.180, 446.185, 446.210, 446.225,
446.230, 446.240, 446.245, 446.250, 446.252, 446.253, 446.255,
446.260, 446.265, 446.270, 446.280, 446.285, 446.395, 446.400,
446.405, 446.410, 446.415, 446.420, 446.430, 447.010, 447.020,
447.026, 447.072, 447.076, 447.080, 447.091, 447.095, 447.097,
447.100, 447.118, 447.124, 447.140, 447.145, 447.152, 447.160,
447.210, 447.220, 447.230, 447.231, 447.233, 447.247, 447.250,
447.260, 447.270, 447.275, 455.010, 455.020, 455.030, 455.040,
455.060, 455.070, 455.085, 455.100, 455.110, 455.132, 455.138,
455.144, 455.150, 455.153, 455.156, 455.160, 455.170, 455.190,
455.210, 455.220, 455.310, 455.345, 455.380, 455.412, 455.420,
455.425, 455.430, 455.445, 455.447, 455.448, 455.449, 455.450,
455.457, 455.461, 455.463, 455.465, 455.467, 455.471, 455.475,
455.479, 455.525, 455.560, 455.570, 455.575, 455.610, 455.622,
455.625, 455.627, 455.630, 455.680, 455.685, 455.690, 455.705,
455.720, 455.725, 455.735, 455.737, 455.740, 455.770, 455.775,
455.895, 456.579, 460.005, 460.024, 460.035, 460.045, 460.048,
460.055, 460.057, 460.075, 460.085, 460.125, 460.135, 460.145,
460.155, 460.165, 460.175, 479.155, 479.520, 479.530, 479.540,
479.560, 479.630, 479.635, 479.650, 479.660, 479.730, 479.740,
479.760, 479.770, 479.810, 479.820, 479.830, 479.840, 479.845,
479.853, 479.854, 479.855, 479.910, 479.915, 479.945, 480.515,
480.530, 480.535, 480.540, 480.545, 480.565, 480.570, 480.585,
480.595, 480.600, 480.605, 480.610, 480.630, 480.647, 480.665,
670.605, 671.570, 671.630, 671.650, 671.660, 671.720, 674.010,
674.305, 674.330, 674.340, 674.850, 674.990, 693.010, 693.025,
693.050, 693.115, 693.135, 693.165, 693.190, 701.013, 701.060,
701.130, 701.205, 701.215, 701.350, 701.515, 701.992, 705.145
and 705.705 and section 8, chapter 1082, Oregon Laws 1999;
repealing ORS 455.230, 455.240, 455.473, 455.580, 455.700,
479.850, 480.607, 480.615, 670.380, 701.255, 701.285 and
705.720 and section 10, chapter 1045, Oregon Laws 1999; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
{ +
EFFECT ON CONTRACTS, DEBTS, PENALTIES AND + }
{ +
OTHER LEGAL TRANSACTIONS + }
SECTION 1. { + (1) The establishment of the Construction
Contractors Board, the State Landscape Contractors Board, the
Appraiser Certification and Licensure Board, the Building Codes
Structures Board, the Board of Boiler Rules, the Electrical and
Elevator Board, the Manufactured Structures and Parks Board and
the State Plumbing Board as semi-independent state agencies under
the amendments to ORS 182.451, 446.280, 455.132, 455.138,
480.535, 671.630, 674.305, 693.115 and 701.205 by sections 8, 12,
20, 27, 70, 102, 145, 186 and 216 of this 2001 Act does not act
to cancel, suspend or prevent:
(a) Any lawful debt owing by or to the Construction Contractors
Board, the State Landscape Contractors Board, the Appraiser
Certification and Licensure Board, the Building Codes Structures
Board, the Board of Boiler Rules, the Electrical and Elevator
Board, the Manufactured Structures and Parks Advisory Board or
the State Plumbing Board;
(b) Any fine, penalty, tax or obligation;
(c) Any contract or other obligation; or
(d) Any action taken by or on behalf of the Construction
Contractors Board in the administration and enforcement of ORS
chapter 701, the State Landscape Contractors Board in the
administration and enforcement of ORS 671.510 to 671.710, 671.720
or 671.990 (2), the Appraiser Certification and Licensure Board
in the administration and enforcement of ORS chapter 674 or the
Director of the Department of Consumer and Business Services, the
Department of Consumer and Business Services, or a specialty code
board or advisory board reporting to the director or the
department, in the administration and enforcement of ORS 460.0005
to 460.175, 480.510 to 480.665 or ORS chapters 446, 447, 455, 479
and 693.
(2) The amendments to ORS 182.451, 446.005 to 446.175, 480.510
to 480.665, 670.605 and 671.510 to 671.710 and ORS chapters 446,
447, 455, 479, 674, 693 and 701 by sections 8, 10 to 16, 18 to
24, 26 to 55, 57 to 98, 99 to 140, 142 to 157 and 159 to 220 of
this 2001 Act do not cancel, suspend, invalidate or prevent
enforcement of any rule adopted pursuant to ORS 460.005 to
460.175, 480.510 to 480.665, 670.605 or 670.510 to 671.720 or ORS
chapters 446, 447, 455, 479, 674, 693 or 701 prior to the
operative date of the amendments to 460.005 to 460.175, 480.510
to 480.665, 670.605 and 671.510 to 671.720 and ORS chapters 446,
447, 455, 479, 674, 693 and 701 by sections 10 to 16, 18 to 24,
26 to 55, 57 to 98, 99 to 140, 142 to 157 and 159 to 220 of this
2001 Act. Any rule adopted pursuant to ORS 460.005 to 460.175,
480.510 to 480.665, 670.605 or 671.510 to 671.720 or ORS chapters
446, 447, 455, 479, 674, 693 or 701 in effect on the operative
date of the amendments to ORS 182.471, 460.005 to 460.175,
480.510 to 480.665, 670.605 and 671.510 to 671.720 and ORS
chapters 446, 447, 455, 479, 674, 693 and 701 by sections 8, 10
to 16, 18 to 24, 26 to 55, 57 to 98, 99 to 140, 142 to 157 and
159 to 220 of this 2001 Act continues in full force and effect
and is applicable for purposes of enforcing the statutes to which
those rules apply unless later superseded by a rule adopted by
the appropriate board. + }
{ +
FEES + }
SECTION 2. { + Notwithstanding ORS 182.466 (4) and the
amendments to ORS 182.451, 460.005 to 460.175, 480.510 to
480.665, 670.605 and 671.510 to 671.720 and ORS chapters 446,
447, 455, 479, 674, 693 and 701 by sections 8, 10 to 16, 18 to
24, 26 to 55, 57 to 98, 99 to 140, 142 to 157 and 159 to 220 of
this 2001 Act, the fee structures utilized by the Construction
Contractors Board, the State Landscape Contractors Board, the
Appraiser Certification and Licensure Board, the Director of the
Department of Consumer and Business Services, the Department of
Consumer and Business Services, or a specialty code board or
advisory board reporting to the director or the department
immediately prior to the operative date of the amendments to ORS
182.451, 460.005 to 460.175, 480.510 to 480.665, 670.605 and
671.510 to 671.720 and ORS chapters 446, 447, 455, 479, 674, 693
and 701 by sections 10 to 16, 18 to 24, 26 to 55, 57 to 98, 99 to
140, 142 to 157 and 159 to 220 of this 2001 Act continue in full
force and effect until superseded by a fee structure adopted by
the appropriate board on or after the operative date of the
amendments to ORS ORS 182.451, 460.005 to 460.175, 480.510 to
480.665, 670.605 and 671.510 to 671.720 and ORS chapters 446,
447, 455, 479, 674, 693 and 701 by sections 8, 10 to 16, 18 to
24, 26 to 55, 57 to 98, 99 to 140, 142 to 157 and 159 to 220 of
this 2001 Act. + }
{ +
EMPLOYEES + }
SECTION 3. { + (1) Notwithstanding ORS 182.468 (3), except as
provided in this subsection, the Construction Contractors Board
the State Landscape Contractors Board and the Appraiser
Certification and Licensure Board shall continue to employ all
classified employees employed by the boards immediately prior to
the operative date of the amendments to ORS 182.451, 671.630,
674.305 and 701.205 by sections 8, 12, 20 and 27 of this 2001
Act, subject to state personnel laws and collective bargaining
agreements. The Construction Contractors Board and the State
Landscape Contractors Board may agree on transfers of classified
employees who are jointly utilized by the boards immediately
prior to the operative date of the amendments to ORS 182.451,
671.630 and 701.205 by sections 8, 20 and 12 of this 2001 Act,
subject to state personnel laws and collective bargaining
agreements.
(2) Notwithstanding ORS 182.468 (3), except as provided in this
subsection classified employees of the Department of Consumer and
Business Services employed in the administration and enforcement
of the state building code, including any specialty code
administered, enforced, developed or approved by the Building
Codes Structures Board, the Board of Boiler Rules, the Electrical
and Elevator Board, the Manufactured Structures and Parks
Advisory Board and the State Plumbing Board immediately prior to
the operative date of the amendments to ORS 182.451, 460.005 to
460.175, 480.510 to 480.665 and ORS chapters 446, 447, 455, 470
and 693 by sections 32 to 55, 57 to 98, 99 to 140, 142 to 157 and
159 to 220 of this 2001 Act shall continue as classified
employees of the Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures and Parks Board and the State Plumbing Board, subject
to state personnel laws and collective bargaining agreements. The
Director of the Department of Consumer and Business Services
shall consult with the boards to determine the appropriate
transfer of employees.
(3) Notwithstanding ORS 182.468 (3), the Construction
Contractors Board, the State Landscape Contractors Board, the
Appraiser Certification and Licensure Board, the Director of the
Department of Consumer and Business Services, the Department of
Consumer and Business Services, the Building Codes Structures
Board, the Board of Boiler Rules, the Electrical and Elevator
Board, the Manufactured Structures and Parks Board and the State
Plumbing Board are bound by any collective bargaining agreement
entered into by this state on behalf of the director, department
or boards on, before or after the operative date of the
amendments to ORS 182.451, 460.005 to 460.175 and 480.510 to
480.665 and ORS chapters 446, 447, 455, 470 and 693 by sections
32 to 55, 57 to 98, 99 to 140, 142 to 157 and 159 to 220 of this
2001 Act.
(4) The establishment of the Construction Contractors Board,
the State Landscape Contractors Board, the Appraiser
Certification and Licensure Board, the Director of the Department
of Consumer and Business Services, the Department of Consumer and
Business Services, the Building Codes Structures Board, the Board
of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board and the State Plumbing
Board as semi-independent state agencies under ORS 182.451,
446.280, 455.132, 455.138, 480.535, 671.630, 674.305, 693.115 and
701.205 by sections 8, 12, 20, 27, 70, 102, 145, 186 and 216 of
this 2001 Act does not affect the status of any collective
bargaining unit as the appropriate bargaining unit for
Construction Contractors Board, State Landscape Contractors
Board, Appraiser Certification and Licensure Board or Department
of Consumer and Business Services employees. + }
{ +
SUPPLIES, RECORDS, FACILITIES, ETC. + }
SECTION 4. { + (1) Supplies, materials, equipment, records,
books, papers and facilities controlled by the Construction
Contractors Board, the State Landscape Contractors Board and the
Appraiser Certification and Licensure Board immediately prior to
the operative date of the amendments to ORS 182.451, 671.630,
674.305 and 701.205 by sections 8, 12, 20 and 27 of this 2001 Act
continue to be under the control of the board having control
immediately prior to the operative date of the amendments to ORS
182.451, 671.630, 674.305 and 701.205 by sections 8, 12, 20 and
27 of this 2001 Act.
(2) Supplies, materials, equipment, records, books, papers and
facilities controlled by the Department of Consumer and Business
Services and not by the Building Codes Structures Board, the
Board of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Advisory Board or the State
Plumbing Board immediately prior to the operative date of the
amendments to ORS 182.451, 446.280, 455.132, 455.138, 480.535 and
693.115 by sections 8, 70, 102, 145, 186 and 216 of this 2001 Act
and used by the department primarily for the administration and
enforcement of the state building code, including specialty
codes, shall, to the extent practicable, be transferred to the
control of the Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures and Parks Board and the State Plumbing Board as
determined by the Director of the Department of Consumer and
Business Services and the boards to be appropriate.
(3) Supplies, materials, equipment, records, books, papers and
facilities of the Department of Consumer and Business Services
controlled by the Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures and Parks Advisory Board or the State Plumbing Board
immediately prior to the operative date of the amendments to ORS
182.451, 446.280, 455.132, 455.138, 480.535 and 693.115 by
sections 8, 70, 102, 145, 186 and 216 of this 2001 Act shall
continue to be under the control of the board having control
immediately prior to the operative date of the amendments to ORS
182.451, 446.280, 455.132, 455.138, 480.535 and 693.115 by
sections 8, 70, 102, 145, 186 and 216 of this 2001 Act. + }
{ +
BUDGETS + }
SECTION 5. { + (1) Notwithstanding ORS 182.462 and 183.335
(6), for the period beginning on the operative date of the
amendments to ORS 182.451, 671.630, 674.305 and 701.205 by
sections 8, 12, 20 and 27 of this 2001 Act and ending on June 30,
2003, or for any portion of that period, the Construction
Contractors Board, the State Landscape Contractors Board and the
Appraiser Certification and Licensure Board may adopt budgets by
temporary rule under ORS 183.335 (5). For the period beginning on
the operative date of the amendments to ORS 182.451, 671.630,
674.305 and 701.205 by sections 8, 12, 20 and 27 of this 2001 Act
and ending on the earlier of June 30, 2003, or the date that a
board adopts a budget under this subsection, board operations
continue to be governed by the expenditure classifications and
amounts established in the legislatively approved budget of the
board for the biennium ending June 30, 2003.
(2) Notwithstanding ORS 182.462 and 183.335 (6), for the period
beginning on the operative date of the amendments to ORS 182.451,
446.280, 455.132, 455.138, 480.535 and 693.115 by sections 8, 70,
102, 145, 186 and 216 of this 2001 Act and ending on June 30,
2003, or for any portion of that period, the Building Codes
Structures Board, the Board of Boiler Rules, the Electrical and
Elevator Board, the Manufactured Structures and Parks Board and
the State Plumbing Board may adopt budgets by temporary rule
under ORS 183.335 (5). For the period beginning on the operative
date of the amendments to ORS 182.451, 446.280, 455.132, 455.138,
480.535 and 693.115 by sections 8, 70, 102, 145, 186 and 216 of
this 2001 Act and ending on the earlier of June 30, 2003, or the
date that a board adopts a budget under this subsection, board
operations continue to be governed by the expenditure
classifications and amounts established in the legislatively
approved budget of the Department of Consumer and Business
Services for the biennium ending June 30, 2003, pertaining to the
administration and enforcement of the state building code,
including specialty codes. + }
{ +
ACCOUNT BALANCE TRANSFERS + }
SECTION 6. { + (1) Except as the Construction Contractors
Board may otherwise provide pursuant to ORS 182.462 (5) with
regard to moneys retained by the board pursuant to ORS 701.255,
the unexpended balance of any General Fund accounts established
on behalf of the Construction Contractors Board, including but
not limited to any account established for the deposit of moneys
retained by the board pursuant to ORS 701.255, fees deposited
pursuant to ORS 670.335 and ORS chapter 701 and any appropriation
to the board for the biennium ending June 30, 2003, remaining
unexpended on the operative date of this section shall be
transferred to the account established by the board pursuant to
ORS 182.470.
(2) Except as the State Landscape Contractors Board may
otherwise provide pursuant to ORS 182.462 (5) with regard to
moneys retained by the board pursuant to ORS 671.720, the
unexpended balance of any General Fund accounts established on
behalf of the State Landscape Contractors Board, including but
not limited to any account established for the deposit of moneys
retained by the board pursuant to ORS 671.720, fees deposited
pursuant to ORS 670.335 and 671.510 to 671.720 and any
appropriation to the board for the biennium ending June 30, 2003,
remaining unexpended on the operative date of this section shall
be transferred to the account established by the board pursuant
to ORS 182.470.
(3) The unexpended balance of the Appraiser Account established
in the Consumer and Business Services Fund, other than the
Federal Registry Fund described in ORS 674.340 (2), and remaining
unexpended on the operative date of this section shall be
transferred to the account established by the Appraiser
Certification and Licensure Board pursuant to ORS 182.470.
(4) The balance of moneys deposited to the Consumer and
Business Services Fund pursuant to ORS 460.175 and 479.850, or to
the account described in ORS 455.150 (6) for administering the
state building code pursuant to ORS 455.150 other than from
specialty codes described in ORS 460.006 to 460.175 and 480.510
to 480.665 and ORS chapters 446, 447, 479 and 693, and remaining
unexpended on the operative date of this section shall be
transferred to the account established by the Building Codes
Structures Board pursuant to ORS 182.470. Except as the Building
Codes Structures Board may otherwise provide pursuant to ORS
182.462 (5), all moneys deposited to the Consumer and Business
Services Fund from civil penalties imposed pursuant to ORS
455.845 for violations of ORS chapter 460 or 479 or rules adopted
thereunder shall be deposited to the account established by the
board pursuant to ORS 182.470. Unless otherwise expressly
provided, the moneys deposited in the account pursuant to this
section are available for any lawful use by the board.
(5) The balance of moneys deposited to the Consumer and
Business Services Fund pursuant to ORS 480.610, or to the account
described in ORS 455.150 (6) for administering the specialty code
described in ORS 480.510 to 480.665, and remaining unexpended on
the operative date of this section shall be transferred to the
account established by the Board of Boiler Rules pursuant to ORS
182.470. Except as the Board of Boiler Rules may otherwise
provide pursuant to ORS 182.462 (5), all moneys deposited to the
Consumer and Business Services Fund from civil penalties imposed
pursuant to ORS 455.895 for violations of ORS 480.510 to 480.665
or rules adopted thereunder shall be deposited to the account
established by the board pursuant to ORS 182.470. Unless
otherwise expressly provided, the moneys deposited in the account
pursuant to this section are available for any lawful use by the
board.
(6) The balance of moneys deposited to the Consumer and
Business Services Fund pursuant to ORS 460.175 and 479.850, or to
the account described in ORS 455.150 (6) for administering the
specialty code described in ORS 460.005 to 460.175 or ORS chapter
479, and remaining unexpended on the operative date of this
section shall be transferred to the account established by the
Electrical and Elevator Board pursuant to ORS 182.470. Except as
the Electrical and Elevator Board may otherwise provide pursuant
to ORS 182.462 (5), all moneys deposited to the Consumer and
Business Services Fund from civil penalties imposed pursuant to
ORS 455.845 for violations of ORS 460.005 to 460.175 and ORS
chapter 479 or rules adopted thereunder shall be deposited to the
account established by the board pursuant to ORS 182.470. Unless
otherwise expressly provided, the moneys deposited in the account
pursuant to this section are available for any lawful use by the
board.
(7) The balance of moneys deposited to the Consumer and
Business Services Fund pursuant to ORS 446.0076, 446.155 to
446.200, 446.410 or ORS 455.230, or to the account described in
ORS 455.150 (6) for administering the specialty codes described
in ORS chapter 446, and remaining unexpended on the operative
date of this section shall be transferred to the account
established by the Manufactured Structures and Parks Board
pursuant to ORS 182.470. Except as the Manufactured Structures
and Parks Board may otherwise provide pursuant to ORS 182.462
(5), all moneys deposited to the Consumer and Business Services
Fund from civil penalties imposed pursuant to ORS 446.270,
446.405, 446.410, 446.415 and 455.895 for violation of ORS
chapter 446 or rules adopted thereunder shall be deposited to the
account established by the board pursuant to ORS 182.470. Unless
otherwise expressly provided, the moneys deposited in the account
pursuant to this section are available for any lawful use by the
board.
(8) The balance of moneys deposited to the Consumer and
Business Services Fund pursuant to ORS 693.165, or to the account
described in ORS 455.150 (6) for administering the specialty code
described in ORS chapters 447 and 693, and remaining unexpended
on the operative date of this section shall be transferred to the
account established by the State Plumbing Board pursuant to ORS
182.470. Except as the State Plumbing Board may otherwise provide
pursuant to ORS 182.462 (5), all moneys deposited to the Consumer
and Business Services Fund from civil penalties imposed pursuant
to ORS 447.160, 693.025 and 693.190, or pursuant to ORS 455.895
for violations of ORS chapters 447 and 693 or rules adopted
thereunder, shall be deposited to the account established by the
board pursuant to ORS 182.470. Unless otherwise expressly
provided, the moneys deposited in the account pursuant to this
section are available for any lawful use by the board.
(9) On the operative date of the repeal of ORS 705.720 by
section 233 of this 2001 Act, the State Treasurer shall pay to
the Tri-County Building Industry Service Board the unexpended
balance of the Tri-County Building Industry Service Center
Account. + }
{ +
NAME CHANGE + }
SECTION 7. { + (1) The amendments to ORS 446.280 by section
186 of this 2001 Act are intended to change the name of the
Manufactured Structures and Parks Advisory Board to the
Manufactured Structures and Parks Board.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Manufactured
Structures and Parks Advisory Board, wherever they occur in
Oregon Revised Statutes, other words designating the Manufactured
Structures and Parks Board. + }
SECTION 8. ORS 182.451 is amended to read:
182.451. { + (1) + } { - On October 31, 1999, - } The
following boards are transferred from the Health Division of the
Department of Human Services and are established as
semi-independent state agencies that are subject to ORS 182.456
to 182.472:
{ - (1) - } { + (a) + } The State Board of Massage
Therapists.
{ - (2) - } { + (b) + } The Physical Therapist Licensing
Board.
{ + (2) The Construction Contractors Board is established as
a semi-independent state agency that is subject to ORS 182.456 to
182.472.
(3) The State Landscape Contractors Board is established as a
semi-independent state agency that is subject to ORS 182.456 to
182.472.
(4) The Appraiser Certification and Licensure Board is
established as a semi-independent state agency that is subject to
ORS 182.456 to 182.472.
(5) The Building Codes Structures Board is established as a
semi-independent state agency that is subject to ORS 182.456 to
182.472.
(6) The Board of Boiler Rules is established as a
semi-independent state agency that is subject to ORS 182.456 to
182.472.
(7) The Electrical and Elevator Board is established as a
semi-independent state agency that is subject to ORS 182.456 to
182.472.
(8) The Manufactured Structures and Parks Board is established
as a semi-independent state agency that is subject to ORS 182.456
to 182.472.
(9) The State Plumbing Board is established as a
semi-independent state agency that is subject to ORS 182.456 to
182.472. + }
SECTION 9. ORS 182.470 is amended to read:
182.470. (1) Notwithstanding ORS 670.335, except where
otherwise specifically provided by statute pursuant to ORS
182.462 (5), all moneys collected or received by a board, placed
to the credit of that board and remaining unexpended and
unobligated on
{ - October 31, 1999 - } { + the date that the board is
established as a semi-independent state agency + }, and all
moneys collected or received by a board after { - October 31,
1999, shall - } { + the date that the board is established as a
semi-independent state agency, must + } be deposited into an
account established by that board in a depository bank insured by
the Federal Deposit Insurance Corporation. In a manner consistent
with the requirements of ORS chapter 295, the chairperson,
president or administrator of a board shall ensure that
sufficient collateral secures any amount of funds on deposit that
exceeds the limits of the Federal Deposit Insurance Corporation's
coverage. All moneys in the account are continuously appropriated
to the board making the deposit for the purpose of carrying out
the functions of the board.
(2) Subject to the approval of the chairperson, president or
administrator, a board may invest moneys collected or received by
the board. Investments made by a board are:
(a) Limited to investments described in ORS 294.035;
(b) Subject to the investment maturity date limitations
described in ORS 294.135; and
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(3) Interest earned from any accounts invested under subsection
(2) of this section shall be made available to a board in a
manner consistent with the board's annual budget.
(4) Subject to the approval of the chairperson, president or
administrator, all necessary board expenses shall be paid from
the moneys collected or earned by a board.
(5) As used in this section, 'depository bank' has the meaning
given that term in ORS 295.005.
{ +
CONSTRUCTION CONTRACTORS BOARD + }
SECTION 10. ORS 701.060 is amended to read:
701.060. (1) Any contractor licensed under this chapter may at
any time apply for a license in another category. The
Construction Contractors Board may charge a transfer fee
{ - not to exceed $20 - } for each additional license.
(2) If a contractor applies for a license pursuant to
subsection (1) of this section all construction, alteration,
improvement, moving over public highways, roads or streets,
demolition or repair performed by that contractor on buildings of
all types shall be subject to the provisions of this chapter and
to regulation by the board. Such licensure shall be exclusive as
provided in ORS 701.055 (10).
SECTION 11. ORS 701.130 is amended to read:
701.130. (1) { - Before July 1 of each year, - } The
Construction Contractors Board shall determine the amount of the
fee an applicant must pay for a contractor license or renewal of
contractor license under ORS 701.125. { - The fees shall be
subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and shall be within the budget authorized by
the Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section shall not exceed the cost of administering the regulatory
program of the board pertaining to the purpose for which the fee
or charge is established, as authorized by the Legislative
Assembly within the board's budget, as the budget may be modified
by the Emergency Board. - }
(2) The amount of the fee determined by the board under
subsection (1) of this section shall be effective as set by rule.
SECTION 12. ORS 701.205 is amended to read:
701.205. (1) The Construction Contractors Board { - is
established, consisting - } { + shall operate as a
semi-independent state agency subject to ORS 182.456 to 182.472.
The board consists + } of nine members appointed by the Governor
subject to confirmation by the Senate in the manner provided by
law. Three of the members shall be contractors who primarily work
on residential structures, including one contractor engaged in
the business of remodeling, two shall be public members and one
shall be an elected representative of governing bodies of local
government. Two of the members shall be general contractors who
primarily work on nonresidential structures, and one shall be a
specialty contractor who primarily works on nonresidential
structures or a limited contractor. One member who is a
contractor may be certified as a home inspector.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment immediately effective for
the unexpired term.
(3) In order to be eligible for board membership, the six
contractor members of the board shall be licensed under this
chapter and shall maintain their licenses in good order during
their term of office.
SECTION 13. ORS 701.215 is amended to read:
701.215. (1) The Construction Contractors Board shall select
from among its members a chairperson, a vice chairperson and such
other officers for such terms and with such duties and powers
necessary for the performance of their duties as the board
determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
{ - (3) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. - }
{ - (4) - } { + (3) + } The chairperson of the board shall
be a member of any committee created by the board.
SECTION 14. ORS 701.350 is amended to read:
701.350. (1) An individual { - shall - } { + may + } not
undertake, offer to undertake or submit a bid to do work as a
home inspector unless the individual is certified as a home
inspector under this section by the Construction Contractors
Board and is an owner of, or employed by, a business that is
licensed by the board.
(2) A business entity { - shall - } { + may + } not
undertake, offer to undertake or submit a bid to do work as a
home inspector unless the business entity is licensed by the
Construction Contractors Board under this chapter and has an
owner or an employee who is certified as a home inspector under
this section.
(3) The Construction Contractors Board shall adopt education,
training and examination requirements for certification of home
inspectors.
(4) The Construction Contractors Board by rule shall adopt
procedures for the issuance, renewal and revocation of home
inspector certification.
(5) The board by rule may adopt fees necessary for the
administration of this section { + . + } { - , which fees shall
not exceed the following: - }
{ - (a) $50 for application; - }
{ - (b) $50 for examination; and - }
{ - (c) $75 for annual license renewal. - }
SECTION 15. ORS 701.515 is amended to read:
701.515. (1) { - In accordance with any applicable provisions
of ORS 183.310 to 183.550, - } The Construction Contractors
Board by rule shall establish a system to license persons and
individuals in lead-based paint disciplines required to be
licensed under ORS 701.510. Such licensing shall include
disciplines and requirements described in 40 CFR 745.225. Such a
system shall include but not be limited to provisions:
(a) Prescribing the form and content of the times and
procedures for submitting applications for license issuance or
renewal.
(b) Prescribing the fees for original issuance and renewal of
the license in amounts that do not exceed the cost of
administering the program.
(c) Prescribing those actions or circumstances that constitute
failure to achieve or maintain licensing requirements, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
license.
(2) { - In accordance with any applicable provisions of ORS
183.310 to 183.550, - } The Construction Contractors Board by
rule shall establish a system to register businesses that employ
persons or individuals in lead-based paint disciplines required
to be licensed under ORS 701.510. Such registration shall include
the requirements described in 40 CFR 745.226. Such a system shall
include but not be limited to provisions:
(a) Prescribing the form and content of the times and
procedures for submitting applications for registration or
renewal.
(b) Prescribing the fees for original registration and renewal
of the registration in amounts that do not exceed the cost of
administering the program.
(c) Prescribing those actions or circumstances that constitute
failure to achieve or maintain licensing requirements, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
license.
(3) The Construction Contractors Board may impose { - the
following licensing - } fees { - : - }
{ - (a) - } { + for licensing as a + } lead abatement
contractor, { - up to $50 per year; - }
{ - (b) - } lead inspection contractor, { - up to $50 per
year; - }
{ - (c) - } lead supervisor or lead contractor, { - up to
$50 per year; - }
{ - (d) - } lead inspector or assessor { - , up to $50 per
year; - } and
{ - (e) - } lead worker { - , up to $25 per year - } .
SECTION 16. ORS 701.992 is amended to read:
701.992. (1) Except as provided in subsection { - (4) - }
{ + (3) + } of this section, any person who violates any
provision of this chapter or any rule adopted thereunder shall
forfeit and pay { - into the General Fund of the State
Treasury - } a civil penalty in an amount determined by the
Construction Contractors Board of not more than $5,000 for each
offense.
{ - (2) Civil penalties under this section shall be imposed
as provided in ORS 183.090. - }
{ - (3) - } { + (2) + } The provisions of this section are
in addition to and not in lieu of any other penalty or sanction
provided by law.
{ - (4) - } { + (3) + } Penalties shall be imposed for
violation of ORS 701.135 (1)(h) on both the person to whom the
contract is awarded and the person who awards the contract as
follows:
(a) A fine not less than $500 nor more than $1,000 for the
first offense;
(b) A fine not less than $1,000 nor more than $2,000 for the
second offense;
(c) Suspension of the person's license for six months for a
third offense; and
(d) Revocation of the person's license for three years for a
fourth offense.
{ - (5) - } { + (4) + } The board shall provide by rule a
process and criteria that must be met for restoration of a
license that has been revoked.
{ - (6) - } { + (5) + } If at any time following
restoration of a license of a person who has violated ORS 701.135
(1)(h), the person is found to have again violated ORS 701.135
(1)(h), the person's license shall be permanently revoked.
{ + (6) Except as the board may otherwise provide pursuant to
ORS 182.462 (5), moneys collected from civil penalties imposed
under this section shall be deposited to the account established
by the board pursuant to ORS 182.470. Moneys deposited to the
account are continuously appropriated to the board for the
administration and enforcement of this chapter and ORS 182.456 to
182.472. + }
SECTION 17. { + ORS 701.255 and 701.285 are repealed. + }
{ +
STATE LANDSCAPE CONTRACTORS BOARD + }
SECTION 18. ORS 670.605 is amended to read:
670.605. In accordance with ORS 183.310 to 183.550, those
agencies responsible for the administration of { + ORS 671.510
to 671.710 and + } ORS chapters 316, 656, 657 and 701 { - , - }
jointly shall adopt rules to carry out the provisions of ORS
670.600.
SECTION 19. ORS 671.570 is amended to read:
671.570. Each person applying for a landscape contractor's
license shall pay to the State Landscape Contractors Board the
fee required by ORS 671.650 and:
(1) Pass an examination, which shall be offered at least once
each six months by the board to determine the fitness of the
applicant for licensing and have:
(a) Within 10 years before the day the application for a
license is made, at least:
(A) Twenty-four months of employment with a landscape
contractor; or
(B) Twelve months of employment with a landscape contractor and
one full year of training in an area related to landscaping at an
accredited school or college; or
(b) Proven to the satisfaction of the board by test and
experience that the applicant is qualified.
(2) Be employed by a landscaping business if performing
landscaping work.
(3) Pay a nonrefundable examination fee { - not to exceed
$50 - } .
SECTION 20. ORS 671.630 is amended to read:
671.630. { - (1) - } The State Landscape Contractors Board
{ - is established - } { + shall operate as a semi-independent
state agency subject to ORS 182.456 to 182.472 for purposes of
carrying out the provisions of ORS 671.510 to 671.710, 671.720
and 671.990 (2) + }. The board shall consist of seven members
appointed by the Governor { + . + } { - , who - } { + The
Governor + } shall make appointments { + to the board + } from
all segments of the landscape contracting industry { + . + }
{ - , - } At least two
{ - of whom shall - } { + board members must + } be public
members.
{ - (2) The function of the board established by this
section, in addition to the functions prescribed by law, shall be
to counsel and advise the Governor in the administration and
enforcement of ORS 671.510 to 671.710. - }
SECTION 21. ORS 671.650 is amended to read:
671.650. (1) The { + State Landscape Contractors Board shall
establish fees, including but not limited to + }annual landscape
contractor's license fees { + and annual landscaping business
license fees. + } { - shall be established by the State
Landscape Contractors Board and shall not exceed $50. - }
{ - (2) The annual landscaping business fee shall not exceed
$125. - }
{ - (3) - } { + (2) + } The license fee for an out-of-state
landscaping business operating in Oregon { - shall - } { +
must + } be the same as for an Oregon landscaping business
{ - as provided in subsection (2) of this section - } .
SECTION 22. ORS 671.660 is amended to read:
671.660. (1) The fee for renewal of a license issued under ORS
671.510 to 671.710 shall be paid annually on or before the last
day of the month of the anniversary of issuance.
(2) A person who has been previously licensed under ORS 671.510
to 671.710 and whose license has expired { - shall - } { +
may + } not be issued another license except upon written
application to the State Landscape Contractors Board with the
required annual fee
{ - plus a penalty fee not to exceed $25 - } . { + The board
may require the person to also pay a penalty fee. + }
(3) If a license lapses for two years or more, the individual
or business must reapply as for initial issuance of the license.
(4) When a business renews its license { - it - } { + the
business + } must submit the names of all employees who are
licensed { + landscape + } contractors.
(5) When a person renews a landscape { - contractor - }
{ + contractor's + } license, the person must submit the name of
the employer if the person is currently performing landscaping
work.
SECTION 23. ORS 671.720 is amended to read:
671.720. (1) Except as provided in subsection (4) of this
section, { - any - } { + a + } person who violates any
provision of ORS 671.510 to 671.710 or { - any - } { + a + }
rule adopted { - thereunder - } { + pursuant to subsection
(5) of this section or ORS 670.310, 670.605 or 671.670 + } shall
forfeit and pay { - into the General Fund of the State
Treasury - } { + to the State Landscape Contractors Board + }a
civil penalty in an amount determined by the { - State
Landscape Contractors - } board of not more than $2,000 for each
offense. { - The board may retain 20 percent of the funds
collected under this section which shall be continuously
appropriated for the board's costs of collection of civil
penalties. - } { + Notwithstanding ORS 670.335, except as the
board may otherwise provide under ORS 182.462 (5), the board
shall deposit moneys received as fees or civil penalties into the
account created by the board pursuant to ORS 182.470. + }
(2) { + The board shall impose + } civil penalties under this
section
{ - shall be imposed - } as provided in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
(4) { + The board shall impose + }penalties { - shall be
imposed - } { + and sanctions + } for violation of ORS 671.610
(6) on both the person to whom the contract is awarded and the
person who awards the contract as follows:
(a) A { - fine - } { + civil penalty of + } not less than
$500 nor more than $1,000 for the first offense;
(b) A { - fine - } { + civil penalty + } not less than
$1,000 nor more than $2,000 for the second offense;
(c) Suspension of license for six months for a third offense;
and
(d) Revocation of license for three years for a fourth offense.
(5) The board shall provide by rule a process and criteria that
must be met for restoration of a license that has been revoked.
(6) If at any time following restoration of { - the license
of a person who has violated ORS 671.610 (6) - } { + a license
revoked under subsection (4)(d) of this section + }, the person
is again found to have violated ORS 671.610 (6), { + the board
shall revoke + } the person's license { - shall be - }
permanently { - revoked - } .
SECTION 24. ORS 701.013 is amended to read:
701.013. It is the intent of the Legislative Assembly to reduce
the number of city business licenses that construction
contractors and landscape contractors are required to obtain in
order to conduct business in the Portland metropolitan area. It
is the purpose of this section and ORS 701.015 to enable
construction contractors and landscape contractors to secure from
the metropolitan service district one business license that will
permit the conduct of business by such contractors in cities in
which the contractors perform a limited amount of work and in
which they do not have a principal place of business.
Furthermore, it is also the intent of the Legislative Assembly
that this section and ORS 701.015 apply only to contractors
engaged in the building trades and crafts and to landscape
contractors without regard to any subsequent expansion of the
jurisdiction of the Construction Contractors Board { + or State
Landscape Contractors Board + }over other trades and crafts. It
is declared to be the policy of this state that, to the maximum
extent possible consistent with the requirements of this section
and ORS 701.015, the cities within the boundaries of the
metropolitan service district be allowed to control the
imposition of business license taxes and to maintain the level of
revenues obtained from those taxes. The amount and trends of
revenue produced or distributed to each city is intended to
reflect the construction business activity within the
participating cities.
SECTION 25. { + ORS 671.605 and 671.617 are added to and made
a part of ORS 671.510 to 671.710. + }
{ +
APPRAISER CERTIFICATION AND LICENSURE BOARD + }
SECTION 26. ORS 674.010 is amended to read:
674.010. For purposes of this chapter:
(1) 'Appraisal Foundation' means the Appraisal Foundation
established on November 30, 1987, as a not-for-profit corporation
under the laws of Illinois.
(2) 'Appraisal Subcommittee' means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council
established pursuant to the federal Act.
(3) 'Appraiser assistant' means an individual who has been
registered as an appraiser assistant under ORS 674.310.
(4) 'Board' means the Appraiser Certification and Licensure
Board established under ORS 674.305.
{ - (5) 'Department' means the Department of Consumer and
Business Services. - }
{ - (6) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (7) - } { + (5) + } 'Federal Act' means Title XI of the
Federal Financial Institutions Reform, Recovery and Enforcement
Act of 1989 (12 U.S.C. 3310 et seq.).
{ - (8) - } { + (6) + } 'Federal financial institution
regulatory agency ' means:
(a) The Board of Governors of the Federal Reserve System;
(b) The Federal Deposit Insurance Corporation;
(c) The Office of the Comptroller of the Currency;
(d) The Office of Thrift Supervision; or
(e) The National Credit Union Administration.
{ - (9) - } { + (7) + } 'Federally related transaction'
means any real estate-related financial transaction that:
(a) A federal financial institution regulatory agency or the
Resolution Trust Corporation engages in, contracts for or
regulates; and
(b) Requires the services of an appraiser.
{ - (10) - } { + (8) + } 'Financial institution' means an
insured depository institution as defined in section 3 of the
Federal Deposit Insurance Act or an insured credit union as
defined in section 101 of the Federal Credit Union Act.
{ - (11) - } { + (9) + } 'Mortgage banker' has the meaning
given that term in ORS 59.840.
{ - (12) - } { + (10) + } 'Professional real estate
activity' has the meaning given that term in ORS 696.010.
{ - (13) - } { + (11) + } 'Real estate appraisal activity'
means the activity described in ORS 674.100.
{ - (14) - } { + (12) + } 'Real estate-related financial
transaction ' means any transaction involving:
(a) The sale, lease, purchase, investment in or exchange of
real property, including interests in real property, or the
financing thereof;
(b) The refinancing of real property or interests in real
property; and
(c) The use of real property or interests in real property as
security for a loan or investment, including mortgage-backed
securities.
{ - (15) - } { + (13) + } 'State certified appraiser' means
an individual who has been certified as a state certified
appraiser under ORS 674.310.
{ - (16) 'State licensed appraiser' means an individual who
has been licensed as a state licensed appraiser under ORS
674.310. - }
{ - (17) - } { + (14) + } 'State certified residential
appraiser' means an individual who has been certified as a state
certified residential appraiser under ORS 674.310.
{ + (15) 'State licensed appraiser' means an individual who
has been licensed as a state licensed appraiser under ORS
674.310. + }
SECTION 27. ORS 674.305 is amended to read:
674.305. (1) { - There is created in the Department of
Consumer and Business Services an - } { + The + } Appraiser
Certification and Licensure Board { - consisting of 10 members,
nine of whom are voting - } { + shall operate as a
semi-independent state agency subject to ORS 182.456 to 182.472.
The board consists of nine + } members who are residents of this
state appointed by the Governor.
(2) The board shall be composed of:
(a) Four appraisers certified under ORS 674.310;
(b) One appraiser licensed under ORS 674.310;
(c) Two individuals who are employed by a financial institution
or a mortgage banker or one individual from each;
(d) Two individuals who are public members and who:
(A) Are not engaged in professional real estate activity;
(B) Are not state certified or state licensed appraisers;
(C) Are not employed by financial institutions or mortgage
bankers; and
(D) Do not have a direct financial interest in any person who
is required, or whose employees or agents are required, to be
state licensed or state certified appraisers { + . + } { - ;
and - }
{ - (e) The Director of the Department of Consumer and
Business Services, or a designated representative, who shall
serve as a nonvoting member of the board. - }
(3) The term of office of each member is four years with two
terms maximum, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term. { - No individual shall be appointed to serve more than
two consecutive terms on the board. - }
{ - (4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. - }
{ - (5) - } { + (4) + } The board shall select one of its
members as chairperson and another as vice chairperson, for such
terms and with duties and powers necessary for the performance of
the functions of such offices as the board determines.
{ - (6) - } { + (5) + } A majority of the members of the
board constitutes a quorum for the transaction of business.
{ - (7) - } { + (6) + } The board shall meet at least once
every three months at a place, day and hour determined by the
board. The board also shall meet at other times and places
specified by the call of the chairperson or of a majority of the
members of the board.
{ - (8) - } { + (7) + } In accordance with applicable
provisions of ORS 183.310 to 183.550, the board shall adopt rules
necessary for the administration of this chapter.
{ - (9) - } { + (8) + } The appointment of the board is
subject to confirmation by the Senate in the manner prescribed in
ORS 171.562 and 171.565.
{ - (10) The director shall appoint an administrator subject
to the approval of the board who shall be in the unclassified
service and fix the compensation of such officer. - }
SECTION 28. ORS 674.330 is amended to read:
674.330. (1) The Appraiser Certification and Licensure Board
shall collect from each state certified appraiser and each state
licensed appraiser an annual registry fee as required by the
federal Act and in an amount determined by the Appraisal
Subcommittee. All annual registry fees collected by the board
under this subsection shall be { - remitted - } { + deposited
with the State Treasury and credited to the Federal Registry Fund
in the Consumer and Business Services Fund. The Department of
Consumer and Business Services shall remit the moneys + } to the
Federal Financial Institutions Examination Council in accordance
with the federal Act.
(2) Except as provided in subsection (1) of this section and in
addition to any fees required by subsection (1) of this section,
the board shall establish by rule the amounts for fees to be
charged and collected under this chapter. { - The amounts for
fees established by the board under this section shall not exceed
the costs of administering the programs and the following maximum
amounts for fees: - }
{ - (a) For each certification or licensure examination
administered under ORS 674.310, the actual costs of the board to
purchase the examination. - }
{ - (b) For each certificate or license awarded or issued
under ORS 674.310, $350. - }
{ - (c) For each renewal of a certificate or license awarded
or issued under ORS 674.310, $300. - }
{ - (d) For each duplicate certificate or license, where the
original license is lost or destroyed and affidavit made thereof,
$10. - }
{ - (e) For the renewal of an inactive certificate or
license, $50. - }
{ - (f) For the reactivation of an inactive certificate or
license, $60. - }
{ - (g) For late renewal, in addition to the renewal fee,
$50. - }
{ - (h) For a temporary registration provided for under ORS
674.120, $100. - }
{ - (i) For each application, $75. - }
{ - (j) For inactive status, $200. - }
{ - (k) For each walk-in examination, $15. - }
{ - (L) For each appraiser assistant registration, $75. - }
{ - (m) For each appraiser assistant renewal, $75. - }
SECTION 29. ORS 674.340 is amended to read:
674.340. (1) { - The Appraiser Account is established as an
account in the Consumer and Business Services Fund created by ORS
705.145. - } { + Except as provided in ORS 674.330 (1) and
subsection (2) of this section, + } all moneys, fees and charges
collected or received by the Appraiser Certification and
Licensure Board pursuant to ORS 674.330 shall be paid into
{ - the Consumer and Business Services Fund created by ORS
705.145 and credited to - } the account { + established by the
board pursuant to ORS 182.470 + }. All moneys in the account are
appropriated continuously to the
{ - Department of Consumer and Business Services - } { +
board for use under ORS 182.456 to 182.472 and + }to carry out
the duties { - which - } { + of + } the board { - is
charged with administering - } { + under this chapter + }.
(2) The Federal Registry Fund is established { - in the
Appraiser Account - } in the Consumer and Business Services
Fund. { + Notwithstanding ORS 182.470, + } proceeds received
under ORS 674.330 (1) shall be deposited in the Federal Registry
Fund { - of the Appraiser Account - } in the Consumer and
Business Services Fund. The moneys in the Federal Registry Fund
shall be used solely as set forth in ORS 674.330 (1).
SECTION 30. ORS 674.850 is amended to read:
674.850. (1) Any person who violates any provision of ORS
674.130 to 674.150, 674.310 and 674.330, or any rule or final
order of the Appraiser Certification and Licensure Board or any
final judgment or decree made by any court upon application of
the board, may be required to forfeit and pay { - to the
General Fund of the State Treasury - } a civil penalty in an
amount determined by the board of not more than $500 for each
offense. Each violation shall be deemed a separate offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other enforcement provision contained in ORS
674.130 to 674.150, 674.310 and 674.330.
(4) The remedies provided in subsections (1) to (3) of this
section are in addition to and not exclusive of any other
remedies provided by law.
{ + (5) Except as the board may otherwise provide pursuant to
ORS 183.462 (5), moneys collected from civil penalties imposed
under this section shall be deposited to the account established
by the board pursuant to ORS 182.470 and are continuously
appropriated to the board for use pursuant to ORS 182.456 to
182.472 and the administration and enforcement of this
chapter. + }
SECTION 31. ORS 674.990 is amended to read:
674.990. (1) Violation of ORS 674.100 (1) is a Class A
misdemeanor.
(2) Any officer, director or 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 674.100 (1) by the partnership, association or
corporation, is subject to the penalties prescribed in subsection
(1) of this section.
(3) Any person who violates ORS 674.100 (1) may be required by
the Appraiser Certification and Licensure Board to forfeit and
pay { - to the General Fund of the State Treasury - } a civil
penalty in an amount determined by the board of:
(a) Not less than $100 nor more than $500 for the first offense
of uncertified or unlicensed real estate appraisal activity; and
(b) Not less than $500 nor more than $1,000 for the second and
subsequent offenses of uncertified or unlicensed real estate
appraisal activity.
(4) In addition to the civil penalties set forth in subsection
(3) of this section, any person who violates ORS 674.100 (1) may
be required by the board to forfeit and pay { - to the General
Fund of the State Treasury - } a civil penalty in an amount
determined by the board but not to exceed the amount by which
such person profited in any transaction that violates ORS 674.100
(1).
(5) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of
penalty is not paid within 10 days after the order becomes final,
the order may be recorded with the county clerk in any county of
this state. The clerk shall thereupon record the name of the
person incurring the penalty and the amount of the penalty in the
County Clerk Lien Record.
(6) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(7) The civil penalty provisions of subsections (3) and (4) of
this section are in addition to and not in lieu of the criminal
penalties for unlicensed real estate appraisal activity in
subsections (1) and (2) of this section.
{ + (8) Except as the board may otherwise provide pursuant to
ORS 183.462 (5), moneys collected from civil penalties imposed
under this section shall be deposited to the account established
by the board pursuant to ORS 182.470 and are continuously
appropriated to the board for use under ORS 182.456 to 182.472
and the administration and enforcement of this chapter. + }
{ +
BUILDING CODE BOARDS, GENERALLY + }
SECTION 32. ORS 455.010 is amended to read:
455.010. As used in this chapter, unless the context requires
otherwise:
(1) { - (a) - } ' { - Advisory - } Board' means the board
with responsibility for { - assisting in - } the adoption,
amendment or administration of a specialty code, specifically:
{ - (A) - } { + (a) + } The Building Codes Structures Board
established under ORS 455.132;
{ - (B) - } { + (b) + } The Electrical and Elevator Board
established under ORS 455.138;
{ - (C) - } { + (c) + } The State Plumbing Board
established under ORS 693.115;
{ - (D) - } { + (d) + } The Manufactured Structures and
Parks { - Advisory - } Board established under ORS 446.280; or
{ - (E) - } { + (e) + } The Board of Boiler Rules
established under ORS 480.535.
{ - (b) 'Appropriate advisory board' means the advisory board
that has jurisdiction over a particular code, standard, license,
certification or matter. - }
{ - (2) 'Department' means the Department of Consumer and
Business Services. - }
{ - (3) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (4) - } { + (2) + } 'Municipality' means a city, county
or other unit of local government otherwise authorized by law to
administer a building code.
{ - (5) - } { + (3) + } 'One and Two Family Dwelling Code'
means the adopted specialty code prescribing standards for the
construction of one and two family dwellings.
{ - (6) - } { + (4) + } 'Prefabricated structure' means a
building or subassembly which has been in whole or substantial
part manufactured or assembled using closed construction at an
off-site location to be wholly or partially assembled on-site;
but does not include a manufactured structure.
{ - (7) - } { + (5) + } 'Specialty code' means a code of
regulations adopted under ORS 446.062, 446.185, 447.020 (2),
455.020 (2), 455.610, 455.680, 460.085, 460.360, 479.730 (1) or
480.545; but does not include regulations adopted by the State
Fire Marshal pursuant to ORS chapter 476 or ORS 479.010 to
479.200 and 479.210 to 479.220.
{ - (8) - } { + (6) + } 'State building code' means the
combined specialty codes.
{ - (9) - } { + (7) + } 'Structural code' means the
specialty code prescribing structural standards for building
construction.
{ - (10) - } { + (8) + } 'Unsafe condition' means a
condition caused by earthquake { - which - } { + that + } is
determined by { - the department or any representative of the
department - } { + a board + } to be dangerous to life and
property. 'Unsafe condition' includes but is not limited to:
(a) Any portion, member or appurtenance of a building that has
become detached or dislodged or appears likely to fail or
collapse and thereby injure persons or damage property; or
(b) Any portion, of a building or structure that has been
damaged by earthquake, or by fire or explosion resulting from an
earthquake, to the extent that the structural strength or
stability of the building is substantially less than it was prior
to the earthquake.
SECTION 33. ORS 455.020 is amended to read:
455.020. (1) This chapter is enacted to enable the
{ - Director of the Department of Consumer and Business
Services - } { + Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures Board and Parks Board and the State Plumbing Board + }
to promulgate a state building code to govern the construction,
reconstruction, alteration and repair of buildings and other
structures and the installation of mechanical devices and
equipment therein, and to require the correction of unsafe
conditions caused by earthquakes in existing buildings. The state
building code shall establish uniform performance standards
providing reasonable safeguards for health, safety, welfare,
comfort and security of the residents of this state who are
occupants and users of buildings, and will provide for the use of
modern methods, devices, materials, techniques and practicable
maximum energy conservation.
(2) The regulations adopted pursuant to this chapter shall
include structural standards; standards for the installation and
use of mechanical, heating and ventilating devices and equipment;
and standards for prefabricated structures { - ; and shall,
subject to ORS 455.210, prescribe reasonable fees for the
issuance of building permits and similar documents, inspections
and plan review services by the Department of Consumer and
Business Services - } .
(3) This chapter does not affect the statutory jurisdiction and
authority of the Workers' Compensation Board, under ORS chapter
654, to promulgate occupational safety and health standards
relating to places of employment, and to administer and enforce
all state laws, regulations, rules, standards and lawful orders
requiring places of employment to be safe and healthful.
(4) This chapter and any specialty code does not limit the
authority of a municipality to enact regulations providing for
local administration of the state building code; local appeal
boards; fees and other charges; abatement of nuisances and
dangerous buildings; enforcement through penalties, stop-work
orders or other means; or minimum health, sanitation and safety
standards for governing the use of structures for housing, except
where the power of municipalities to enact any such regulations
is expressly withheld or otherwise provided for by statute.
Pursuant to the regulation of dangerous buildings, a municipality
may adopt seismic rehabilitation plans that provide for phased
completion of repairs that are designed to provide improved life
safety but that may be less than the standards for new buildings.
SECTION 34. ORS 455.030 is amended to read:
455.030. { - (1) Except as otherwise provided by this
section, the Director of the Department of Consumer and Business
Services shall be subject to ORS 183.310 to 183.550 in the
adoption, amendment or repeal of regulations authorized by, and
in the issuance of orders in contested cases arising under, this
chapter. - }
{ - (2) - } { + (1) + }(a) In addition to the notice
requirements of ORS 183.335, notice of a public hearing on
adoption, amendment or repeal of a specialty code shall be given
to the governing bodies of all municipalities and the notice
shall state that copies of the proposed action may be obtained
from the { - Department of Consumer and Business Services - }
{ + board administering that specialty code + }.
(b) The notice of proposed rule change shall include a finding
by the { - advisory - } board { + administering the specialty
code + } that the added cost, if any, is necessary to the health
and safety of the occupants or the public or necessary to
conserve scarce resources.
(c) The { - director - } { + Building Codes Structures
Board + } shall maintain a roster of individuals who wish to be
notified of any changes to or interpretations of the One and Two
Family Dwelling Code. Subscribers to the list may be charged a
reasonable amount necessary to defray the cost of maintaining the
list and advising the subscribers of changes in the code.
{ - (3) - } { + (2) + } { - The director shall not be - }
{ + A board is not + } required to publish or distribute
{ - those - } { + the + } parts of a specialty code of
regulations adopted by reference. However, { - the director - }
{ + a board + } shall publish with a specialty code and
annually thereafter a list of places where copies of
{ - those - } { + the + } parts of the specialty code adopted
by reference may be obtained together with the approximate cost
thereof. { - The director shall file one copy of the rule with
the Secretary of State. - } All standards referred to in any
specialty code or any of the modifications thereto need not be so
filed. All standards and specialty codes referred to in the
specialty code shall be kept on file and available for inspection
in the offices of the { - department - } { + board
administering the specialty code + }.
{ - (4) - } { + (3) + } Any interested person may propose
amendments to the state building code { + . + } { - , which - }
Proposed amendments may be either applicable to all
municipalities or, { - where - } { + if + } it is alleged and
established that conditions exist within a municipality or some
municipalities that are not generally found within other
municipalities, amendments may be restricted in application to
such municipalities. Amendments proposed to the state building
code under this subsection shall be in conformity with the policy
and purpose prescribed by ORS 455.020. The justification and the
particular circumstances requiring the proposed amendments shall
be fully stated in the proposal. The { - director - } { +
Building Codes Structures Board + } shall submit all proposed
amendments { + affecting a specialty code + } to the appropriate
{ - advisory - } board. The board shall review { - and report
its recommendations to the director on - } the amendments within
180 days after the date of submission by the
{ - director - } { + Building Codes Structures Board + }.
{ - (5) - } { + (4) + } { - The director, with the
approval of the advisory board, may adopt or modify and adopt any
amendments proposed to the director under subsection (4) of this
section. The director - } { + A board + } shall, within 30 days
after { - the date of receipt of - } { + receiving + } the
{ - recommendations of the advisory board - } { + proposed
amendments + }, notify the person proposing the amendments of the
adoption, modification and adoption or denial of the proposed
amendments. Upon adoption, a copy of each amendment shall be
distributed to the governing bodies of all municipalities
affected thereby.
{ - (6) - } { + (5) + } { - The director - } { + A
board + } shall from time to time make or cause to be made
investigations, or may accept authenticated reports from
authoritative sources, concerning new materials or modes of
construction intended for use in the construction of buildings or
structures, or intended for use in other activity regulated by
the state building code, and shall, where necessary, propose
amendments to the code setting forth the conditions under which
the materials or modes may be used, in accordance with the
standards and procedures of this chapter.
SECTION 35. ORS 455.040 is amended to read:
455.040. { - (1) - } The state building code shall be
applicable and uniform throughout this state and in all
municipalities { + . + } { - , and no - } { + A + }
municipality { - shall - } { + may not + } enact or enforce
any ordinance, rule or regulation relating to the same matters
encompassed by the state building code but { - which - } { +
that + } provides different requirements unless authorized by the
{ - Director of the Department of Consumer and Business
Services - } { + appropriate board + }. { - The
director's - } { + A board's + } authorization { - shall not
be considered - } { + is not + } an amendment to the state
building code under ORS 455.030.
{ - The director - } { + boards + } shall encourage
experimentation, innovation and cost effectiveness by
municipalities in the adoption of ordinances, rules or
regulations { - which conflict with - } { + that provide
different requirements than + } the state building code.
{ - (2) Subsection (1) of this section is operative: - }
{ - (a) With regard to the state structural code, July 1,
1974. - }
{ - (b) With regard to the state mechanical, heating and
ventilating code, on the effective date of such code as
determined under ORS 183.355. - }
{ - (c) With regard to each specialty code not named by
paragraphs (a) and (b) of this subsection, on the effective date,
as determined under ORS 183.355, of the first amendments to such
code adopted pursuant to this chapter. - }
SECTION 36. ORS 455.060 is amended to read:
455.060. (1) Any person who desires to use or furnish any
material, design or method of construction or installation in the
state, or any building official, may request the { - Director
of the Department of Consumer and Business Services - } { +
board administering the affected specialty code + } to issue a
ruling with respect to the acceptability of any material, design
or method of construction about which there is a question under
any provision of the state building code. Requests shall be in
writing and, if made by anyone other than a building official,
shall be made and the ruling issued prior to the use or attempted
use of such questioned material, design or method.
(2) In making rulings, the { - director shall obtain the
approval of the appropriate advisory - } board { - as to
technical and scientific facts and - } shall consider the
standards and interpretations published by the body that
promulgated any nationally recognized model code adopted as a
specialty code of this state.
(3) A copy of the ruling issued by the { - director - } { +
board + } shall be certified to the person making the request.
Additional copies shall be transmitted to all building officials
in the state. The
{ - director - } { + board + } shall keep a permanent record
of all such rulings, and shall furnish copies thereof to any
interested person upon payment of such fees as the
{ - director - } { + board + } may prescribe.
(4) A building official or inspector shall approve the use of
any material, design or method of construction approved by
{ - the director - } { + a board + } pursuant to this section
if the requirements of all other local ordinances are satisfied.
SECTION 37. ORS 455.070 is amended to read:
455.070. Any person may report a suspected violation of the
state building code { - , which - } { + that + } poses an
imminent threat to public health or safety { - , - } to the
local building official or, where the code is state-administered,
to the { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board or to a board administering
an affected specialty code + }. { + The Building Codes
Structures Board shall forward a complaint alleging violation of
a specialty code to the appropriate board. + } The complaint
shall be in writing and submitted under rules adopted by the
{ - department - } { + Building Codes Structures Board + }.
The rules { - of the department - } { + adopted by the
Building Codes Structures Board for submitting complaints + }
shall provide for the disposition of frivolous or harassing
complaints by requiring detailed descriptions of the alleged
violation and reference to the code sections allegedly violated.
A copy of the complaint shall be given by the municipality or
agency to the contractor, building owner and subcontractor, if
any, involved in the project alleged to be in violation. The
municipality or agency may charge the complainant for the
necessary costs of supplying, copying and distributing the
complaint form. If, after five working days, no remedial action
has taken place, the complainant has standing to appeal the
matter to the appeals board of the municipality, where one is
established, or directly to the applicable state
{ - advisory - } board where there is no local appeals board.
The municipal appeals board or state { - advisory - } board
shall reach a final decision within 14 days of the complainant's
appeal. A municipal appeals board decision shall then be subject
to appeal to a state
{ - advisory - } board under ORS 455.690 { + . + } { - ,
provided that - } The state
{ - advisory - } board shall reach a final determination
within 14 days of notice of an appeal. A record of the written
complaint and the findings of the appeals and { - advisory - }
boards may be introduced into evidence in any judicial proceeding
for damages brought against the complainant by any person
suffering damages as a result of the complaint.
SECTION 38. ORS 455.150 is amended to read:
455.150. (1) A municipality may administer all or part of a
building inspection program. A building inspection program:
(a) Is a program that includes:
(A) The state building code as defined in ORS 455.010, except
as set forth in paragraph (b) of this subsection;
(B) Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230;
(C) Manufactured dwelling parks and mobile home parks under ORS
chapter 446;
(D) Park and camp programs regulated under ORS 455.680;
(E) Tourist facilities regulated under ORS 446.310 to 446.350;
(F) Manufactured dwelling alterations regulated under ORS
446.155; and
(G) Manufactured structure accessory buildings and structures
under ORS 446.253.
(b) Is not a program that includes:
(A) Boiler and pressure vessel programs under ORS 480.510 to
480.665;
(B) Elevator programs under ORS 460.005 to 460.175;
(C) Amusement ride regulation under ORS 460.310 to 460.410;
(D) Prefabricated structure regulation under ORS chapter 455;
(E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
(F) Licensing and certification and adoption of statewide codes
and standards under ORS chapter 446, 447, 455, 479 or 693; and
(G) Review of plans and specifications as provided in ORS
455.685.
(2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The { - Department of Consumer and Business
Services - } { + Building Codes Structures Board + } shall
adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the { - department - } { + specialty boards + } and { +
program + } participants.
(3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program or parts thereof, who
shall be known as the building official. A building official
shall, in the municipality for which appointed, attend to all
aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the
appointment of a single building official for the purpose of
administering a building inspection program within their
communities.
(4)(a) By January 1 of the first year of each period of
administration as provided in subsection (2) of this section, the
governing body of each municipality shall notify the
{ - Director of the Department of Consumer and Business
Services - } { + Building Codes Structures Board + } and if not
a county, notify the county of the building inspection program or
parts thereof that it will administer and enforce beginning July
1 of that year. { + The Building Codes Structures Board shall
send notice to the boards administering and enforcing specialty
codes affected by the building inspection program. + } If parts
of a building inspection program are to be administered and
enforced by a municipality, the parts shall correspond to a
classification designated by the
{ - director - } { + affected specialty code board + } as
reasonable divisions of work.
(b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the { - director - } { + Building
Codes Structures Board + } and the municipality and, if the
municipality is not a county, the county may by agreement extend
that date to no later than March 1.
(5) If a city does not notify the { - director - } { +
board + }, or notifies the { - director - } { + board + }
that it will not administer certain specialty codes or parts
thereof, the county or counties in which the city is located
shall administer and enforce those codes or parts thereof within
the city in the same manner as it administers and enforces them
outside the city, except as provided by subsection (6) of this
section.
(6) If a county does not notify the { - director - } { +
board + }, or notifies the { - director - } { + board + }
that it will not administer and enforce certain specialty codes
or parts thereof, the { - director - } { + board shall notify
the board administering and enforcing that specialty code. The
specialty code board + } shall contract with a municipality or
other person or use such { - state employees or state
agencies - } { + specialty board employees + } as are necessary
to administer and enforce those codes or parts thereof, and
permit or other fees arising therefrom shall be paid { - into
the Consumer and Business Services Fund created by ORS 705.145
and credited to the account responsible for paying such
expenses - } { + to the specialty board and deposited to the
account established by the specialty board pursuant to ORS
182.470 + }. { - No state employee shall be displaced as a
result of using contract personnel. - }
(7) The governing body of a municipality may change its
building code administration and enforcement responsibility
beginning July 1 of any year by notifying the { - director - }
{ + Building Codes Structures Board + } by January 1 of such
year of the change to be made. Upon such change, responsibility
shall be fixed as provided by subsections (5) and (6) of this
section.
(8) The { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board + } shall adopt rules to
require the governing body of each municipality to submit a
written plan with the notice required under subsection (4) of
this section. If the
{ - department - } { + board + } is the governing body, the
{ - department - } { + board + } shall have a plan on file.
The plan shall specify how cooperation with the State Fire
Marshal or a designee of the State Fire Marshal will be achieved
and how a uniform fire code will be considered in the review
process of the design and construction phases of buildings or
structures.
(9) A municipality that administers a code for which persons or
businesses are authorized under ORS 455.457 to perform activities
shall recognize and accept those activities as if performed by
the municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
(10) { - The department - } { + A board + } or { - a - }
municipality that accepts an inspection or plan review as
required by this section by a person licensed under ORS 455.457
{ - shall have - } { + has + } no responsibility or liability
for the activities of the licensee.
(11) In addition to the requirements of ORS 455.100 and
455.110, { + to the extent that authority is not expressly
reserved to a specialty board, + } the { - Director of the
Department of Consumer and Business Services - } { + Building
Codes Structures Board + } shall regulate building inspection
programs of municipalities. Regulation shall include but not be
limited to:
(a) Creating building inspection program application and
amendment requirements and procedures;
(b) Granting or denying applications for building inspection
program authority and amendments;
(c) Reviewing procedures and program operations of
municipalities;
(d) Creating standards for efficient, effective timely and
acceptable building inspection programs;
(e) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
(f) Creating standards for determining whether a county or
{ - department - } { + board + } building inspection program
is economically impaired in its ability to reasonably continue
providing the program or part of the program throughout a county,
if another municipality is allowed to provide a building
inspection program or part of a program within the same county;
and
(g) Enforcing the requirements of this section.
(12) The { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board, Board of Boiler Rules,
Electrical and Elevator Board, Manufactured Structures and Parks
Board and State Plumbing Board, as appropriate, + }may assume
temporary administration of { + those parts of + } a building
inspection program { + subject to a code administered and
enforced by the board + }:
(a) During the pendency of activities under ORS 455.770;
(b) If a municipality abandons any part of the building
inspection program or is no longer able to administer the
building inspection program; and
(c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
SECTION 39. 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 all 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 Board of Boiler Rules, the
Elevator and Electrical Board, the Manufactured Structures and
Parks Board or + } the State Plumbing Board { - , the
Manufactured Structures and Parks Advisory Board, or the
Electrical and Elevator Board - } to impose civil penalties for
violations committed within municipalities.
SECTION 40. ORS 455.160 is amended to read:
455.160. (1) The municipality that is responsible for state
building code administration and enforcement in a municipality
pursuant to ORS 455.150, or { - the Department of Consumer and
Business Services if the department is - } { + the Building
Codes Structures Board, the Board of Boiler Rules, the Electrical
and Elevator Board, the Manufactured Structures and Parks Board
and the State Plumbing Board to the extent the boards are
+ }responsible for state building code administration and
enforcement pursuant to ORS 455.150, { - shall - } { +
may + } not engage in a pattern of conduct of failing to provide
timely inspections or plan reviews without reasonable cause.
(2) Any person adversely affected by a pattern of conduct
prohibited in subsection (1) of this section may serve the
municipality or the { - department - } { + appropriate
board + } with a written demand to provide timely inspections or
plan reviews.
(3) If a municipality, within five days of receipt of the
demand, fails to provide timely inspections or plan reviews
without reasonable cause, the person who served the demand may
seek to compel the inspections or plan reviews through a writ of
mandamus pursuant to ORS 34.105 to 34.240. If the court finds
that the municipality has engaged in a pattern of conduct of
failing to provide timely inspections or plan reviews without
reasonable cause, it may direct the municipality to provide
timely inspections or plan reviews or to transfer the
administration and enforcement of the code in question under
procedures outlined in ORS 455.150 (5) and (6).
(4) If { - the department - } { + a board + }, within five
days of receipt of the demand, fails to provide timely
inspections or plan reviews without reasonable cause, the person
who served the demand may seek to compel the inspections or plan
reviews through a writ of mandamus pursuant to ORS 34.105 to
34.240. If the court finds that the { - department - } { +
board + } has engaged in a pattern of conduct of failing to
provide timely inspections or plan reviews without reasonable
cause, it may direct the { - department - } { + board + } to
provide timely inspections or plan reviews or to transfer the
administration and enforcement of the code in question to an
appropriate municipality, if the municipality accepts the
responsibility.
SECTION 41. ORS 455.190 is amended to read:
455.190. (1)(a) { - Under ORS 183.325 to 183.410,
notwithstanding any other laws or rules to the contrary, the
Department of Consumer and Business Services, with the
concurrence of the appropriate board, - } { + The Building
Codes Structures Board, the Board of Boiler Rules and the State
Plumbing Board + } shall establish:
(A) Qualifications and standards for special alternative
inspection programs for commercial or industrial installations
for other than new construction; and
(B) Delegation of special alternative inspection programs
except as provided in subsections (3) and (5) of this section.
(b) Special alternative inspection programs established under
this section apply to inspections under the structural,
mechanical and plumbing specialty codes. For an installation
under a structural, mechanical or plumbing master permit in
commercial, industrial and government buildings, new construction
does not include maintenance and repair work, interior tenant
remodeling projects, accessibility upgrades or changes of
occupancy, provided the local building official determines a new
or proposed use is no more hazardous than the existing use and
any proposed alterations may be satisfactorily reviewed and
inspected under a master permit program.
(2) For purposes of this section, special alternative
inspection programs include:
(a) A program of random inspections of minor installations; and
(b) A master permit program under which installations are
periodically inspected.
(3) A municipality authorized under ORS 455.150 to administer a
building inspection program that employs a person licensed as an
engineer and certified to perform structural plan reviews may
make application to the { - department - } { + Building Codes
Structures Board + } to establish a structural { + permit
program + } or { + to the Board of Boiler Rules to develop a + }
mechanical master permit program. The
{ - department - } { + appropriate board + } may authorize
the municipality to administer and enforce the provisions of this
section if { - it - } { + the board + } finds that the
municipality provides inspections carried out under master permit
programs and can comply with minimum standards and meet the
qualifications adopted under subsection (1) of this section for
inspections, permit applications and other matters to ensure
adequate administration and enforcement of the structural,
mechanical or plumbing special alternative inspection programs.
(4) Notwithstanding the provisions of ORS 455.160, a
municipality that is authorized to administer and enforce a
special alternative inspection program may, in exercising that
authority, waive plan review and related fees of an installation
carried out under structural, mechanical, plumbing and electrical
master permits.
(5) Any municipality that provides plumbing inspections under
the plumbing specialty code shall provide a program of random
inspection of minor installations and a master permit program. If
the municipality does not elect to provide a plumbing master
permit program as provided in subsection (1) of this section, the
municipality shall, on request of the owner, operating manager or
plumbing contractor of a commercial or industrial facility that
would otherwise qualify for a master permit program, issue a
master individual inspection permit, provide plumbing inspection
before any installation is covered or placed into service and
charge for the inspection at the municipality's hourly plumbing
inspection rate under the plumbing specialty code.
SECTION 42. ORS 455.210 is amended to read:
455.210. { - (1) Fees shall be prescribed as required by ORS
455.020 for plan review and permits issued by the Department of
Consumer and Business Services for the construction,
reconstruction, alteration and repair of prefabricated structures
and of buildings and other structures and the installation of
mechanical heating and ventilating devices and equipment. The
fees shall not exceed 130 percent of the fee schedule printed in
the ' Uniform Building Code,' 1979 Edition, and in the 'Uniform
Mechanical Code,' 1979 Edition, both published by the
International Conference of Building Officials. Fees shall not be
effective until approved by the Oregon Department of
Administrative Services. - }
{ - (2) Notwithstanding subsection (1) of this section, the
maximum fee the Director of the Department of Consumer and
Business Services may prescribe for a limited plan review for
fire and life safety as required under ORS 479.155 shall be 40
percent of the prescribed permit fee. - }
{ - (3) - } { + (1) + }(a) A municipality may adopt by
ordinance or regulation such fees as may be necessary and
reasonable to provide for the administration and enforcement of
any specialty code or codes for which the municipality has
assumed responsibility under ORS 455.150.
(b) Ten or more persons or an association with 10 or more
members may, within 30 days of the adoption of a fee under
paragraph (a) of this subsection, appeal the fee to the
{ - Director of the Department of Consumer and Business
Services - } { + specialty code board administering and
enforcing the code to which the fee pertains + }. Within 60 days
of the receipt of the appeal, the
{ - director - } { + board + } shall, after notice to
affected parties and hearing, review the municipality's costs of
administering and enforcing the specialty code { - or codes
referred to in paragraph (a) of this subsection - } and approve
the fee if the { - director feels it - } { + board finds that
the fee + } is necessary and reasonable. If the
{ - director - } { + board + } does not approve the fee upon
appeal, the fee
{ - shall not be - } { + is not + } effective. The appeal
process provided in this paragraph { - shall - } { + does + }
not apply to fees that have been submitted for a vote and
approved by a majority of the electors voting on the question.
(c) Fees collected by a municipality under this subsection
shall be used for the administration and enforcement of a
building inspection program for which the municipality has
assumed responsibility under ORS 455.150.
{ - (4) - } { + (2) + } Notwithstanding any other provision
of ORS 455.010 to 455.315 and 455.410 to 455.740, { - for the
purpose of partially defraying state administrative costs, - }
there is hereby imposed a surcharge in the amount of
{ - four - } { + eight + } percent of the total permit fees
and hourly charges collected when an applicant chooses to pay an
hourly rate instead of purchasing a permit. Municipalities shall
collect and remit to the { - director - } { + Oregon
Department of Administrative Services + } as provided in ORS
455.220.
{ - (5) Notwithstanding any other provisions of ORS 455.010
to 455.315 and 455.410 to 455.740, for the purpose of partially
defraying state inspection costs, there is hereby imposed a
surcharge in the amount of two percent of the total permit fees
and hourly charges collected when an applicant chooses to pay an
hourly rate instead of purchasing a permit. Municipalities shall
collect and remit to the director as provided in ORS 455.220. - }
{ - (6) Notwithstanding any other provision of ORS 455.010 to
455.315 and 455.410 to 455.740 and in addition to the surcharges
imposed under subsections (4) and (5) of this section, for the
purpose of partially defraying administration and operation costs
of the Tri-County Building Industry Service Center, there is
hereby imposed a surcharge not to exceed one percent of the total
permit fees collected in Clackamas, Multnomah and Washington
Counties. Municipalities shall collect and remit surcharges to
the director as provided in ORS 455.220 - } .
{ - (7) - } { + (3) + } The { - director - } { +
board + } shall adopt administrative rules to allow reduced fees
for review of plans that have been previously reviewed.
SECTION 43. ORS 455.220 is amended to read:
455.220. { - (1) For the purpose of defraying the costs of
training and other educational programs administered by the
Department of Consumer and Business Services under this chapter
there is hereby imposed a surcharge in the amount of one percent
of the total building permit fees and hourly charges collected
when an applicant chooses to pay an hourly rate instead of
purchasing a permit in connection with the construction of, or
addition or alteration to, buildings and equipment or
appurtenances. - }
{ - (2) - } { + (1) + } Permit surcharges shall be
collected by each municipality and remitted to the { - Director
of the Department of Consumer and Business Services - } { +
Oregon Department of Administrative Services + }. Each
municipality having a population greater than 40,000 shall, on a
monthly basis, prepare and submit to the { - director - } { +
department + } a report of permits and certificates issued in
each class or category and fees and surcharges thereon collected
during the month, together with other statistical information as
required by the { - director - } { + department + }
concerning construction activity regulated by the parts of the
state building code administered by the municipality. All other
municipalities shall submit such a report on a quarterly basis.
The report { - , - } { - which - } shall be in a form
prescribed by the { - director, shall be - } { + department
and + } submitted, together with a remittance covering the
surcharges collected, by no later than the 15th day following the
month or quarter in which the surcharges are collected.
{ - (3)(a) - } { + (2) + } Except as provided in subsection
{ - (4) - } { + (3) + } of this section, all surcharges
{ - and other fees - } prescribed by ORS
{ - 455.010 to 455.240 and 455.410 to 455.740 and payable to
the department, except fees received under ORS 455.150 (6), - }
{ + 455.210 + } shall be deposited { - by the director in the
Consumer and Business Services Fund created by ORS 705.145 - }
{ + in the Oregon Department of Administrative Services
Operating Fund. Moneys deposited to the fund are continuously
appropriated to the department for distribution to municipalities
that lack adequate funding for the purpose of subsidizing
municipality building inspection programs. The department shall
establish a needs-based distribution formula by rule + }.
{ - (b) Notwithstanding subsection (4)(a) of this section,
the training surcharge imposed under subsection (1) of this
section for permits established under ORS 446.062 (3), 446.176,
446.405 (2), 446.430 (2) and 455.170 (2) shall be deposited in
the Manufactured Structures and Parks Education Account of the
Consumer and Business Services Fund established under ORS
705.145. - }
{ - (4)(a) From the amount appropriated biennially to the
department from the account created under ORS 705.145 for the
purpose of defraying the costs of training and other educational
programs under subsection (1) of this section, the director shall
transfer to the Tri-County Building Industry Service Center
Account established under ORS 705.720 an amount not to exceed
one-half of the biennial appropriation. - }
{ - (b) The director shall deposit funds received under ORS
455.210 (6) in the Tri-County Building Industry Service Center
Account established under ORS 705.720. - }
{ - (5) The director shall administer training and other
education programs under this chapter through contracts with
local educational institutions, professional associations or
other training providers. - }
SECTION 44. ORS 455.450 is amended to read:
455.450. A person { - shall - } { + may + } not:
(1) Violate or procure, aid or abet in the violation of any
final order concerning the application of a provision of the
state building code in a particular case made by the
{ - Director of the Department of Consumer and Business
Services, an advisory board, - } { + Building Codes Structures
Board, the Board of Boiler Rules, the Electrical and Elevator
Board, the Manufactured Structures and Parks Board, the State
Plumbing Board, + } a state administrative officer or any local
appeals board, building official or inspector.
(2) Engage in or procure, aid or abet any other person to
engage in any conduct or activity for which a permit,
certificate, label or other formal authorization is required by
any specialty code or other regulation promulgated pursuant to
this chapter without first having obtained such permit,
certificate, label or other formal authorization.
SECTION 45. ORS 455.457 is amended to read:
455.457. { - 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 - } { + The Building
Codes Structures Board, the Board of Boiler Rules, the Electrical
and Elevator Board, the Manufactured Structures and Parks Board
and the State Plumbing Board + } shall { + each + } establish a
licensing system for persons that perform specialty code
inspections or plan reviews { + under the specialty code
administered by that board + } and for businesses that employ
persons that perform specialty code inspections or plan reviews.
Such a 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 license.
(2) Prescribing the terms of the licenses and the fees for the
original issue and { + for + } renewal { - in amounts that do
not exceed the cost to the Department of Consumer and Business
Services of administering the licensing system - } .
(3) Prescribing the requirements for and the manner of testing
the competency of applicants for the protection of the public
health and safety.
(4) Prescribing the amounts and conditions of bonds and
liability insurance.
(5) Setting forth those actions or circumstances that
constitute failure to achieve or maintain licensing competency or
that otherwise constitute a danger to the public health or safety
and for which the { - director - } { + the board + } may
refuse to issue or renew or may suspend or revoke a license or
impose a civil penalty.
SECTION 46. ORS 455.461 is amended to read:
455.461. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Code Structures Board,
the Board of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board and the State Plumbing
Board + }, by rule, shall { + each + } develop quality control
procedures for the activities of specialty code inspectors, plan
reviewers and businesses that employ specialty code inspectors
and plan reviewers licensed under ORS 455.457. These procedures
shall include but are not limited to random sampling of the work
of such persons and businesses.
(2) { - The Director of the Department of Consumer and
Business Services - } { + Each of the boards listed in
subsection (1) of this section + } shall appoint by rule a chief
inspector for { - each - } { + the + } specialty code
{ - under this chapter - } { + administered and enforced by
that board + }.
SECTION 47. ORS 455.463 is amended to read:
455.463. (1) In addition to any other authority and power
granted to the { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board, the
Electrical and Elevator Board and the State Plumbing Board + }
under this chapter and ORS chapters 447 and 479, with respect to
specialty code inspectors, plan reviewers and businesses that
employ specialty code inspectors and plan reviewers licensed
under ORS 455.457, if
{ - the director - } { + a board + } has reason to believe
that there is a failure to enforce or there is a violation of any
provision of this chapter or ORS chapters 447 and 479 or any rule
adopted thereunder, the { - director - } { + appropriate
board + } may:
(a) Examine building code activities of specialty code
inspectors, plan reviewers and businesses that employ specialty
code inspectors and plan reviewers;
(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 by subsection (1) of
this section covers violations or omissions by specialty code
inspectors, plan reviewers and businesses that employ specialty
code inspectors and plan reviewers licensed under ORS 455.457
related to enforcement of codes or administrative rules,
licensing of inspectors or financial transactions.
SECTION 48. ORS 455.465 is amended to read:
455.465. (1) In administering a building inspection program,
the { - Department of Consumer and Business Services - } { +
Building Codes Structures Board, the Board of Boiler Rules, the
Electrical and Elevator Board, the Manufactured Structures and
Parks Board and the State Plumbing Board + } or a municipality
shall:
(a) Designate at least three persons licensed under ORS 455.457
from whom the { - department - } { + board + } or
municipality will accept plan reviews; or
(b) Contract with a person licensed under ORS 455.457 and may
include as a term of the contract a process for collection of
plan review fees.
(2) For plan reviews conducted under subsection (1) of this
section, the { - department - } { + board + } or a
municipality may:
(a) Establish the process for collecting fees from a person
licensed under ORS 455.457; and
(b) Collect an administrative fee as provided in ORS 455.210.
(3) The provisions of ORS 279.005 to 279.111 do not apply to a
personal services contract between the { - department - } { +
board + } or a municipality and a person licensed under ORS
455.457.
SECTION 49. ORS 455.471 is amended to read:
455.471. (1) { + The Building Codes Structures Board, the
Board of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board and the State Plumbing
Board or a municipality may not establish + } fee amounts
{ - shall not be established by the Director of the Department
of Consumer and Business Services or any municipality - } for
fees charged by persons licensed under ORS 455.457.
(2) Fees charged by a person licensed under ORS 455.457 shall
include a surcharge equal to the percentage { - amounts - }
{ + amount + } established for municipalities under ORS 455.210
(4) { + . + } { - and (5) and 455.220 (1). The surcharges shall
be remitted quarterly to the department to partially defray the
department's administration, inspection and training costs
incurred pursuant to ORS 455.455, 455.457, 455.461 and 455.463.
Funds received by the department under this section shall be
deposited in the Consumer and Business Services Fund created by
ORS 705.145. - }
SECTION 50. ORS 455.475 is amended to read:
455.475. A person aggrieved by a decision made by a building
official under authority established pursuant to ORS 455.150 or
455.467 may appeal the decision. The following apply to an appeal
under this section:
(1) An appeal under this section shall be made first to the
appropriate specialty code chief inspector { - of the
Department of Consumer and Business Services - } . The decision
of the { - department - } chief inspector may be appealed to
the appropriate { - advisory - } { + specialty code + }
board. { - The decision of the advisory board may only be
appealed to the Director of the Department of Consumer and
Business Services if codes in addition to the applicable
specialty code are at issue. - }
(2) If the appropriate { - advisory - } { + specialty
code + } board determines that a decision by the
{ - department - } chief inspector is a major code
interpretation, then the inspector shall distribute the decision
in writing to all applicable specialty code public and private
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.
(3) If an appeal is made under this section, an inspection
authority shall extend the plan review deadline by the number of
days it takes for a final decision to be issued for the appeal.
SECTION 51. ORS 455.479 is amended to read:
455.479. { - Nothing in - } ORS 455.455 to 455.477 and
455.897 and section 10, chapter 1045, Oregon Laws 1999,
{ - applies - } { + do not apply + } to special inspections as
described in each specialty code { - as adopted by the Director
of the Department of Consumer and Business Services - } .
SECTION 52. ORS 455.690 is amended to read:
455.690. Any person aggrieved by the final decision of a
municipal appeals board or a { - subordinate officer of the
Department of Consumer and Business Services - } { + specialty
code chief inspector + } as to the application of any provision
of a specialty code may, within 30 days after the date of the
decision, appeal to the appropriate { - advisory - } { +
specialty code + } board. The appellant shall submit a fee
{ - of $20, payable to the department, - } { + as required by
the board + } with the request for appeal. The final decision of
the involved municipality or { - state officer - } { + chief
inspector + } shall be subject to review and final determination
by the appropriate { - advisory - } board as to technical and
scientific determinations related to the application of the
specialty code involved.
SECTION 53. 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 this chapter and ORS chapters 446, 447,
460, 479 and 480 - } { + Building Codes Structures Board, the
Electrical and Elevator Board, the Manufactured Structures and
Parks Board and the State Plumbing Board + }, with respect to
municipalities, building officials and inspectors, if { - the
director - } { + a specialty code board + } has reason to
believe that there is a failure to enforce or a violation of any
provision of this chapter or ORS chapter 446, 447, 460 or
479 { + administered and enforced by that board + } or any rule
adopted thereunder, the { - director - } { + board + } 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 - } { + board + } 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 - } { +
board's + } concerns, the { - director - } { + board + } may
then commence an investigation.
(4) If the { - Department of Consumer and Business
Services - } { + board + } 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 - } { + board + } may revoke any
authority of the municipality to administer any part of this
chapter or ORS chapter 446, 447, 460 or 479 { + administered and
enforced by the board + } or any rule adopted thereunder if the
{ - director - } { + board + } determines after a hearing
conducted under ORS 183.413 to 183.497 that:
(a) All of the requirements of 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 - } { +
and + } 455.895 { - shall be construed to - } { + do not + }
grant any authority over a municipality or inspector employed by
a municipality.
SECTION 54. 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 - } { + Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures and Parks Board and the State Plumbing Board + } under
this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:
(1) { - Except where inconsistent with other provisions of
law, the director - } { + A board + } may enforce the
provisions of this chapter and ORS chapters 446, 447, 460, 479,
480 and 693 { + that are within the jurisdiction of that
board + } against any person regardless of whether a permit,
certificate, license or other indicia of authority has been
issued. The { - director - } { + board + } 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 - } { + a board + } has reason to
believe that any person has been engaged, or is engaging, or is
about to engage in any violation of { + a provision of + } this
chapter and ORS chapters 446, 447, 460, 479, 480 and 693
{ - and - } { + within the jurisdiction of that board or + }
any rule adopted thereunder, the { - director - } { +
board + } 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 this chapter and ORS chapters 446, 447, 460, 479,
480 and 693 and any rule adopted thereunder, the director - }
{ + or + } may 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 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) - } { + (3) + } 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 55. ORS 455.895 is amended to read:
455.895. (1) The { - Director of the Department of Consumer
and Business Services, in consultation with the appropriate
board, - } { + Building Codes Structures Board, the Board of
Boiler Rules, the Electrical and Elevator Board, the Manufactured
Structures and Parks Board and the State Plumbing Board + } may
impose a civil penalty against any person who violates any
provision of this chapter { - and - } { + or + } ORS chapters
446, 447, 460, 479 and 480 { + that is within the jurisdiction
of the board + } or any rule adopted thereunder. A civil penalty
imposed under this subsection shall be in an amount determined by
the { - director - } { + board + } of not more than $1,000
for each offense or, in the case of a continuing offense, not
more than $1,000 for each day of the offense. Moneys received
from any civil penalty under this subsection shall be
{ - disposed of according to ORS 455.230 to be used for
enforcement of ORS chapters 446, 447, 460, 479 and 480 - } { +
deposited to the account established by the board pursuant to ORS
182.470 + }.
(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 - } { +
board + } 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 - } { + account established by
the appropriate board pursuant to ORS 182.470 + }.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(4) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the
{ - director - } { + 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) 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, is subject to the penalties
prescribed in subsections (2) and (6) of this section.
(6) In addition to the civil penalty set forth in subsection
(2) of this section, any person who violates ORS 455.455 or
455.459 may be required by the { - director - } { + board + }
to forfeit and pay
{ - to the General Fund of the State Treasury - } a civil
penalty in an amount determined by the { - director, which
shall - } { + board, + } not { + to + } exceed five times the
amount by which such person profited in any transaction that
violates ORS 455.455 or 455.459.
SECTION 56. { + ORS 455.230, 455.240, 455.473, 455.580 and
455.700 are repealed. + }
{ +
BUILDING CODES STRUCTURES BOARD + }
SECTION 57. ORS 447.210 is amended to read:
447.210. As used in ORS 447.210 to 447.280, unless the context
requires otherwise:
(1) 'Affected buildings' includes any place of public
accommodations and commercial facilities designed, constructed
and altered in compliance with the accessibility standards
established by the Americans with Disabilities Act. 'Affected
buildings ' also includes any government building that is subject
to Title II of the Americans with Disabilities Act. 'Affected
buildings ' also includes private entities, private membership
clubs and churches that have more than one floor level and more
than 4,000 square feet in ground area or that are more than 20
feet in height, measured from the top surface of the lowest
flooring to the highest interior overhead finish of the building.
(2) 'Americans with Disabilities Act' means the Americans with
Disabilities Act of 1990 found at 42 U.S.C. section 12101 et seq.
(3) 'Architectural barriers' are physical design features that
restrict the full use of affected buildings and their related
facilities by persons with disabilities.
{ + (4) 'Board' means the Building Codes Structures
Board. + }
{ - (4) - } { + (5) + } 'Commercial facilities' includes
nonresidential facilities, such as office buildings, factories
and warehouses, whose operations affect commerce.
{ - (5) - } { + (6) + } 'Covered multifamily dwellings'
means buildings consisting of four or more dwelling units if such
buildings have one or more elevators, and ground floor dwelling
units in other buildings consisting of four or more dwelling
units. Dwelling units within a single structure separated by
firewalls do not constitute separate buildings.
{ - (6) 'Department' means the Department of Consumer and
Business Services. - }
{ - (7) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (8) - } { + (7) + } 'Fair Housing Act' means the Fair
Housing Act of 1968, as amended in 1988, found at 42 U.S.C.
section 3604 et seq.
{ - (9) - } { + (8) + } 'Municipality' means a city, county
or other unit of local government otherwise authorized by law to
enact building codes.
{ - (10) - } { + (9) + } 'Private entities' means privately
owned entities offering examinations or courses related to
applications, licensing, certification or credentials for
secondary or post-secondary education, professional or trade
purposes.
{ - (11) - } { + (10) + } 'Public accommodations' means a
facility whose operations affect commerce and fall within at
least one of the following categories:
(a) Places of lodging not including owner-occupied
establishments renting fewer than six rooms;
(b) Establishments serving food or drink;
(c) Places of exhibition or entertainment;
(d) Places of public gathering;
(e) Sales or rental establishments;
(f) Service establishments;
(g) Public transportation terminals, depots or stations;
(h) Places of public display or collection;
(i) Places of recreation;
(j) Places of education;
(k) Social service center establishments; and
(L) Places of exercise or recreation.
{ - (12) - } { + (11) + } 'Related facilities' means
building site improvements including, but not limited to, parking
lots, passageways, roads or any other real or personal property
located on the site.
{ - (13) - } { + (12) + } 'Structural code' means the
specialty code defined in ORS 455.010.
SECTION 58. ORS 447.220 is amended to read:
447.220. It is the purpose of ORS 447.210 to 447.280 to make
affected buildings, including but not limited to commercial
facilities, public accommodations, private entities, private
membership clubs and churches, in the state accessible to and
usable by persons with disabilities, as provided in the Americans
with Disabilities Act, and to make covered multifamily dwellings
in the state accessible to and usable by all persons with
disabilities, as provided in the Fair Housing Act. In requiring
that buildings and facilities be usable by persons with
disabilities, it is not the intention of the Legislative Assembly
to require that items of personal convenience such as rest rooms,
telephones and drinking fountains be provided for members of the
public who have disabilities if they are not otherwise provided
for members of the public who do not have disabilities. However,
pursuant to the Americans with Disabilities Act, the
{ - Director of the Department of Consumer and Business
Services - } { + Building Codes Structures Board + } may
provide greater protection to individuals with disabilities by
adopting more stringent standards than prescribed by the
Americans with Disabilities Act.
SECTION 59. ORS 447.230 is amended to read:
447.230. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } shall, pursuant to ORS 183.310 to 183.550 and 455.030,
establish standards and specifications in the structural code
necessary to eliminate architectural barriers to entry to and use
of affected buildings and their related facilities by persons who
have disabilities.
(2) The { - director - } { + board + } shall, to assist in
the identification of architectural barriers and in the
development of the standards and specifications referred to in
subsection (1) of this section, be assisted by the Oregon
Disabilities Commission or its designee.
SECTION 60. ORS 447.231 is amended to read:
447.231. { - (1) - } Notwithstanding { - any other
provision of law and - } the authority { - of any board within
the Department of Consumer and Business Services, the Director of
the Department of Consumer and Business Services - } { +
granted to other boards administering and enforcing specialty
building codes, the Building Codes Structures Board + } shall
adopt rules to conform the state building code to the Americans
with Disabilities Act and the Fair Housing Act and the
regulations adopted thereunder. In addition, the
{ - director - } { + board + } shall adopt rules to conform
the state building code to the provisions of ORS 447.210 to
447.280, to the extent { - to which - } { + that + } any
statute is stricter than the Americans with Disabilities Act or
the Fair Housing Act.
{ - (2) Notwithstanding any other provision of law and the
authority of any board within the department, the director shall
review the state building code, and those provisions not affirmed
by the director by September 30, 1994, shall not be implemented
or enforced and have no legal effect. - }
SECTION 61. ORS 447.233 is amended to read:
447.233. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } shall include in the state building code, as defined in
ORS 455.010, a requirement that the number of accessible parking
spaces specified in subsection (2) of this section be provided
for affected buildings subject to the state building code and
that the spaces be signed as required by subsection (2) of this
section. Spaces may also be marked in a manner specified in the
state building code.
(2)(a) The number of accessible parking spaces shall be:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Required
Total Parking Minimum Number
In Lot of Accessible Spaces
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
501 t1,000 2 percent of total
1,001 anover 20 plus 1 for each
100 over 1,000
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(b) In addition, one in every eight accessible spaces, but not
less than one, shall be van accessible. A van accessible parking
space shall be at least nine feet wide and shall have an adjacent
access aisle that is at least eight feet wide.
(c) Accessible parking spaces shall be at least nine feet wide
and shall have an adjacent access aisle that is at least six feet
wide.
(d) The access aisle shall be located on the passenger side of
the parking space except that two adjacent accessible parking
spaces may share a common access aisle.
(e) A sign shall be posted for each accessible parking
space. The sign shall be clearly visible to a person parking in
the space, shall be marked with the International Symbol of
Access and shall indicate that the spaces are reserved for
persons with disabled person parking permits. Van accessible
parking spaces shall have an additional sign marked 'Van
Accessible' mounted below the sign.
(f) Accessible parking spaces and signs shall be designed in
compliance with the standards set forth by the Oregon
Transportation Commission in consultation with the Oregon
Disabilities Commission.
(3) { - No - } { + A + } ramp or obstacle may { + not + }
extend into the parking space or the aisle, and curb cuts and
ramps may not be situated in such a way that they could be
blocked by a legally parked vehicle.
(4) Parking spaces required by this section shall be maintained
so as to meet the requirements of this section at all times and
to meet the standards established by the state building code.
(5) The { - director - } { + board + } is authorized to
inspect parking spaces and facilities and buildings subject to
the provisions of this section, and to do whatever is necessary
to enforce the requirements, including the maintenance
requirements, of this section. Municipalities and counties may
administer and enforce the requirements of this section in the
manner provided under ORS 455.150 for administration and
enforcement of specialty codes. All plans for parking spaces
subject to the provisions of this section must be approved by the
{ - director - } { + board + } prior to the creation of the
spaces.
(6) Requirements adopted under this section { - shall - }
{ + do + } not apply to long-term parking facilities at the
Portland International Airport.
(7) Any reported violation of this section shall be
investigated by the administrative authority. The administrative
authority shall make a final decision and order correction, if
necessary, within 30 days of notification. Any aggrieved person
may appeal within 30 days of the decision by the administrative
authority to the appropriate municipal appeals board or, at the
option of the local jurisdiction, directly to the Building Codes
Structures Board established under ORS 455.132. The appeal shall
be acted upon within 60 days of filing. The decision of the
municipal appeals board may be appealed to the board. The board
shall act on the appeal within 60 days of filing. All appeals to
the board shall be filed in accordance with ORS 455.690.
SECTION 62. ORS 447.247 is amended to read:
447.247. (1) Elevators are required:
(a) In all shopping centers, shopping malls, professional
offices of health care providers and government buildings that
are covered by Title II of the Americans with Disabilities Act;
(b) In all other commercial facilities, private entities and
places of public accommodation covered by Title III of the
Americans with Disabilities Act that have more than one floor
level and more than 3,000 square feet in ground area or that are
more than 20 feet in height, measured from the top surface of the
lowest flooring to the highest interior overhead finish of the
building; and
(c) In all private membership clubs and churches that have more
than one floor level and more than 4,000 square feet in ground
area or that are more than 20 feet in height, measured from the
top surface of the lowest flooring to the highest interior
overhead finish of the building.
(2) The { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board + } may by rule create
exceptions to the requirements of this section if this section
would require an elevator in a building that would not be
required to have an elevator under the provisions of the
Americans with Disabilities Act or the Fair Housing Act.
SECTION 63. ORS 447.250 is amended to read:
447.250. (1) { - When - } { + If + } a person or
governmental entity undertaking the construction, renovation,
alteration or modification of an affected building or
{ - its - } { + an affected building's + } related facilities
determines that a particular standard or specification exceeds
the standards or specifications imposed by the Americans with
Disabilities Act and the Fair Housing Act, and that full
compliance with the standard or specification is impractical in
that it would defeat the purpose of the project proposed or in
process, { - it - } { + the person or entity + } may apply to
the appeals board having jurisdiction over the project for a
waiver or modification of such standard or specification, setting
forth the reasons for its determination and a proposal for the
work complying with the particular standard or specification to
the maximum extent that it considers practical.
(2)(a) For projects involving a state correctional facility as
defined in ORS 421.005 (2), or a local correctional facility, as
defined in ORS 169.005 (3), the appeals board referred to in
subsection (1) of this section is the Building Codes Structures
Board established under ORS 455.132.
(b) For all other projects, the appeals board referred to in
subsection (1) of this section is the appeals board established
under ORS 455.020 (4) by the municipality having jurisdiction
over the project.
(3) The appeals board shall thereupon investigate the
application. The board in its investigation shall be required to
seek the advice of the Oregon Disabilities Commission or its
designee in dealing with architectural barrier waivers. If the
appeals board finds that the proposal submitted with the
application would constitute a substantial compliance with, or an
acceptable alternative to, the particular standard or
specification in view of the objectives of ORS 447.210 to
447.280, the waiver shall be granted. If the board finds
otherwise, the application shall be promptly denied with notice
to the requesting person or governmental entity of the denial.
(4) The findings of the appeals board shall include the
estimated building costs and the additional cost of construction
to conform to the requirements of ORS 447.210 to 447.280 over the
cost of a nonconforming feature or any other special reason or
circumstance that, in the judgment of the board, justifies the
decision.
{ - (5) Any person aggrieved by the final decision of an
appeals board may within 30 days of the decision appeal to the
Director of the Department of Consumer and Business Services. In
the case where no appeals board has been created the director
shall have original jurisdiction of an application for a waiver.
The applicant for a waiver or an appeal shall submit a fee of $20
payable to the director with the request for waiver or appeal. In
determining an appeal or an original application, the procedures
and standards of subsections (1) to (4) of this section shall
apply to the director. - }
SECTION 64. ORS 447.260 is amended to read:
447.260. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } may promulgate rules reasonably necessary to implement
and enforce ORS 447.210 to 447.280 as part of the structural code
including, but not limited to, rules authorizing the
{ - director - } { + board + } to waive or modify any
standards and specifications with respect to work on affected
buildings and { - their - } related facilities { - where - }
{ + if + } the { - director - } { + board + } determines,
with respect to emergency or temporary construction, that
compliance with such standards or specifications would not be
necessary to fulfill the objectives of ORS 447.210 to 447.280 or
would be impractical.
(2) The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall by rule establish criteria for determining the lowest
flooring of a building for the purposes of the definition of
'affected buildings' provided by ORS 447.210 and for the purposes
of ORS 447.247.
SECTION 65. ORS 447.270 is amended to read:
447.270. The { - Director of the Department of Consumer and
Business Services or the designated representative of the
director - } { + Building Codes Structures Board + } shall
cooperate with and receive the assistance of all persons, all
appropriate elective or appointive public officials and all state
or governmental agencies in carrying out the responsibilities of
the { - director - } { + board + } under ORS 447.210 to
447.280.
SECTION 66. ORS 447.275 is amended to read:
447.275. Architects, engineers or other persons designing
buildings; contractors and other persons erecting buildings;
building officials, plans examiners, inspectors, the
{ - Director of the Department of Consumer and Business
Services - } { + Building Codes Structures Board + }, the State
Fire Marshal, State Fire Marshal deputies, municipal fire
marshals or municipal deputies inspecting buildings; or a
municipal appeals board shall be relieved of any personal or
financial liability from persons suffering injury or death or
those persons' heirs as the result of exiting deficiencies during
emergencies resulting from access for persons with disabilities
required by ORS 447.210 to 447.280 or standards adopted under
them.
SECTION 67. ORS 455.085 is amended to read:
455.085. (1) In addition to the requirements of ORS 455.110
(2), the { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall, upon receipt of adequate funds under subsection (2) of
this section, publish all state building code provisions relating
to the design, construction, prefabrication, equipment or
appliance installation, quality of materials, use and occupancy
location and repair of detached one or two family dwellings, not
more than three stories in height, in two separate publications.
One publication shall contain the applicable provisions of the
specialty code adopted under ORS 479.730 (1) and the other
publication shall contain the remaining applicable provisions of
the state building code. The text of the publications made under
this section shall be readable at the ninth grade level of
reading, as determined by the
{ - director - } { + board + } under one or more standard
recognized readability formulas, including, but not limited to,
the Flesch, Fry or Dale Chall tests.
(2) The publications under subsection (1) of this section shall
be paid for by funds donated by interested citizens, who shall be
made aware of the project by the { - Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
through public service announcements and other nominal-cost
advertising. Funds shall be collected until sufficient funds are
available to conduct the publication. Refunds shall be made to
the donors if sufficient funds are not collected.
SECTION 68. ORS 455.100 is amended to read:
455.100. The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall have general supervision over the administration of the
state building code regulations, { - including the plumbing,
elevator, electrical, manufactured structures, boiler, amusement
ride, structural; mechanical, heating and ventilating; one and
two family dwelling; and prefabricated structures codes - } { +
except to the extent that authority over specialty codes is given
to the Board of Boiler Rules, the Electrical and Elevator Board,
the Manufactured Structures and Parks Board and the State
Plumbing Board + }.
SECTION 69. ORS 455.110 is amended to read:
455.110. { - Except as otherwise provided by ORS chapters
446, 447, 460, 476, ORS 479.010 to 479.220, 479.510 to 479.945,
479.990 and ORS chapter 480: - }
(1) The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall coordinate and generally supervise the adoption,
administration and enforcement of the state building code { + to
the extent that a subject addressed by the code is not
exclusively within the scope of a specialty code administered by
the Board of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board or the State Plumbing
Board + }.
(2) The { - director with the approval of the appropriate
advisory boards - } { + Building Codes Structures Board
+ }shall adopt and publish the { - specialty codes,
including - } codes of regulations as authorized by ORS 455.020
(2) providing standards for the construction, reconstruction,
alteration and repair of buildings and other structures and the
installation of mechanical devices and equipment therein,
governing matters of materials, design and construction, fire
protection in one-family and two-family dwellings, health,
sanitation, safety and maximum energy conservation. { + In
developing a One and Two Family Dwelling Code or other building
code that concerns multiple specialty areas, the Building Codes
Structures Board shall consult with the Board of Boiler Rules,
the Electrical and Elevator Board, the Manufactured Structures
and Parks Board or the State Plumbing Board to ensure consistency
between the codes adopted by the Building Codes Structures Board
and the other boards. + }
(3) The { - director with the approval of the appropriate
advisory boards - } { + Building Codes Structures Board + } may
amend such codes from time to time. The codes of regulations and
any amendment thereof shall conform in so far as practicable to
model building codes generally accepted and in use throughout the
United States. { - If there is no nationally recognized model
code, consideration shall be given to the existing specialty
codes presently in use in this state. - } Such model codes with
modifications considered necessary { - and specialty codes - }
may be adopted by reference. The codes so promulgated and any
amendments thereof shall be based on the application of
scientific principles, approved tests and professional judgment
and, to the extent that it is practical to do so, the codes shall
be promulgated in terms of desired results instead of the means
of achieving such results, avoiding wherever possible the
incorporation of specifications of particular methods or
materials. To that end the codes shall encourage the use of new
methods, new materials and maximum energy conservation.
SECTION 70. ORS 455.132 is amended to read:
455.132. (1) { - There is established in the Department of
Consumer and Business Services a - } { + The + } Building Codes
Structures Board { + shall operate as a semi-independent state
agency. The board shall consist + } { - consisting - } of 15
members.
(2) The Building Codes Structures Board shall { - assist the
Director of the Department of Consumer and Business Services in
administering - } { + administer + } the structural,
mechanical, one- and two-family dwellings, prefabricated
structures and energy programs described in this chapter and the
accessibility to persons with physical disabilities program
described in ORS 447.210 to 447.280.
(3) The board shall consist of a representative selected from
individuals recommended by the Oregon Disabilities Commission and
members broadly representative of the industries and professions
involved in the development and construction of buildings and
energy conservation, including:
(a) An architect;
(b) A homebuilder;
(c) An energy supplier;
(d) A representative of a recognized environmental group;
(e) A prefabricated structure builder;
(f) A representative of a fire protection agency;
(g) A remodeler;
(h) A low income housing representative;
(i) An engineer;
(j) A building official;
(k) An owner or manager of more than two rental housing units;
(L) An owner or manager of a commercial office building; and
(m) Two public members who do not receive compensation from any
interest described in paragraphs (a) to (L) of this subsection.
SECTION 71. ORS 455.144 is amended to read:
455.144. (1) The { - boards - } { + Building Codes
Structures Board + }
{ - described in ORS 455.132 and 455.138 - } shall be
organized and governed as described in this section.
(2)(a) The term of office of each member is four years and no
member shall be eligible for appointment to more than two full
terms of office. The Governor shall appoint the members of each
board and the board members shall serve at the pleasure of the
Governor.
(b) Before the expiration of the term of a member, the Governor
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
{ - (3) A member of each board is entitled to compensation
and expenses as provided in ORS 292.495. - }
{ - (4) - } { + (3) + } A board shall select one of its
members as chairperson and another as vice chairperson, for such
terms and with duties and powers necessary for the performance of
the functions of such office as the board determines.
{ - (5) - } { + (4) + } A majority of the members of a
board constitutes a quorum for the transaction of business.
{ - (6) - } { + (5) + } Each board shall meet at least once
every three months at a place, day and hour determined by the
board. A board shall also meet at other times and places
specified by the call of its chairperson or of a majority of the
members of the board.
{ - (7) In accordance with applicable provisions of ORS
183.310 to 183.550, the Director of the Department of Consumer
and Business Services may adopt rules necessary for the
administration of the laws that the department is charged with
administering. - }
{ - (8) - } { + (6) + } The Governor may remove a board
member for good cause. 'Good cause' for removal of a member
includes, but is not limited to, three unexcused absences during
any 12-month period from a regularly scheduled board meeting.
{ - (9) - } { + (7) + } The appointment of a member of a
board is subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution.
SECTION 72. ORS 455.310 is amended to read:
455.310. (1) { - It is not the purpose of - } This chapter
{ - to - } { + does not + } require that permits be obtained
or fees be paid for repairs and maintenance { - which - } { +
that + } do not violate the intent of the structural and fire and
life safety specialty provisions of the State of Oregon
Structural Specialty Code and the One and Two Family Dwelling
Code, adopted pursuant to ORS 455.020 and 455.610, ORS chapter
476, ORS 479.010 to 479.200 and 479.210 to 479.220, when such
repair or maintenance is done on a single-family residence, or a
private garage, carport or storage shed that is accessory to a
single-family residence.
(2) Items designated by the { - Director of the Department of
Consumer and Business Services, with the advice of the - }
Building Codes Structures Board shall be exempt from permits and
fees required under this chapter. The { - director - } { +
board + } shall { - , pursuant to ORS 183.310 to 183.550, - }
develop and maintain an applicable list of { - such - } exempt
items, { - which - } { + that + } shall include, but not be
limited to, concrete slabs, driveways, sidewalks, masonry repair,
porches, patio covers, painting, interior wall, floor or ceiling
covering, nonbearing partitions, shelving, cabinet work, gutters,
downspouts, small accessory buildings, door and window
replacements, replacement or repair of siding and replacement or
repair of roofing. In making the list of exempt items, the
{ - director - } { + board + } shall further define the items
on the list contained in this subsection so that no item
{ - which - } { + that + } adversely affects the structural
integrity of the dwelling shall be on the list.
SECTION 73. ORS 455.380 is amended to read:
455.380. (1) Notwithstanding the provisions of ORS 455.150, the
{ - Department of Consumer and Business Services - } { +
Building Codes Structures Board, in consultation with the Board
of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board and the State Plumbing
Board, as appropriate, + }is the final authority in
interpretation, execution and enforcement of state and municipal
administration of building codes and rules with respect to
construction of seasonal farmworker housing as defined in ORS
197.675.
(2) The { - department - } { + board + } shall provide for
a statewide uniform application and method of calculating permit
fees for seasonal farmworker housing as defined in ORS 197.675.
(3) The { - department - } { + board + } shall adopt rules
to carry out the provisions of subsections (1) and (2) of this
section. { - Rules relating to subsection (2) of this section
shall be adopted on or before December 31, 1989. - }
SECTION 74. ORS 455.412 is amended to read:
455.412. (1) The { - Department of Consumer and Business
Services - } { + Building Codes Structures Board + } shall
amend the state building code as necessary for the purpose of
reducing the frequency of false alarms from smoke alarms and
smoke detectors. Rules adopted under this section shall be
designed to address smoke alarms and smoke detectors in single
family and multifamily dwellings, hotels and lodging houses and
{ - shall - } { + do + } not apply to recreational vehicles,
commercial vehicles, railroad equipment, aircraft, marine vessels
and manufactured dwellings.
(2) As used in this section, 'smoke alarm' and 'smoke detector'
shall have the meanings provided in ORS 479.250.
SECTION 75. ORS 455.420 is amended to read:
455.420. (1) Each individual dwelling unit in a multifamily
residential building constructed after October 4, 1977, shall
have installed a separate, individual electrical meter for each
such dwelling unit except where a building inspector certified
under ORS 455.715 to 455.740 determines that pursuant to
standards adopted by the { - Director of the Department of
Consumer and Business Services - } { + Building Codes
Structures Board that + } the installation of a single, central
electrical meter for all the dwelling units in such building
would facilitate an overall reduction in electrical consumption
by such units.
(2) For the purpose of carrying out the provisions of
subsection (1) of this section, { - the director, based on
recommendations of - } the Building Codes Structures Board
{ - , - } shall adopt by rule standards for determining whether
the installation of a single electrical meter for all dwelling
units in a multifamily residential building facilitates an
overall reduction in electrical consumption by such units.
SECTION 76. ORS 455.425 is amended to read:
455.425. (1) Any low-income housing for the elderly on which
construction begins after January 1, 1978, and which is financed
in whole or in part by federal or state funds shall contain a
multiservice room adequate in size to seat all of the tenants.
(2) The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall adopt rules { - , in accordance with the applicable
provisions of ORS 183.310 to 183.550, - } establishing standards
and specifications for low-income elderly housing multiservice
rooms required under subsection (1) of this section. In
development of standards and specifications, the
{ - director - } { + board + } may take into account any
standards or specifications established pursuant to any federal
program under which the construction of such housing is funded.
(3) No housing described in subsection (1) of this section that
contains 20 or fewer units is required to provide a multiservice
room.
SECTION 77. ORS 455.430 is amended to read:
455.430. If the { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } determines that the standards for prefabricated
structures prescribed by statute, rule or regulation of another
state are at least equal to the regulations prescribed under this
chapter, and that such standards are actually enforced by such
other state, the { - director - } { + board + } may provide
by regulation that prefabricated structures approved by such
other state shall be deemed to have been approved by the
{ - director - } { + board + }.
SECTION 78. ORS 455.447 is amended to read:
455.447. (1) As used in this section, unless the context
requires otherwise:
(a) 'Essential facility' means:
(A) Hospitals and other medical facilities having surgery and
emergency treatment areas;
(B) Fire and police stations;
(C) Tanks or other structures containing, housing or supporting
water or fire-suppression materials or equipment required for the
protection of essential or hazardous facilities or special
occupancy structures;
(D) Emergency vehicle shelters and garages;
(E) Structures and equipment in emergency-preparedness centers;
(F) Standby power generating equipment for essential
facilities; and
(G) Structures and equipment in government communication
centers and other facilities required for emergency response.
(b) 'Hazardous facility' means structures housing, supporting
or containing sufficient quantities of toxic or explosive
substances to be of danger to the safety of the public if
released.
(c) 'Major structure' means a building over six stories in
height with an aggregate floor area of 60,000 square feet or
more, every building over 10 stories in height and parking
structures as determined by Department of Consumer and Business
Services rule.
(d) 'Seismic hazard' means a geologic condition that is a
potential danger to life and property which includes but is not
limited to earthquake, landslide, liquefaction, tsunami
inundation, fault displacement, and subsidence.
(e) 'Special occupancy structure' means:
(A) Covered structures whose primary occupancy is public
assembly with a capacity greater than 300 persons;
(B) Buildings with a capacity greater than 250 individuals for
every public, private or parochial school through secondary level
or child care centers;
(C) Buildings for colleges or adult education schools with a
capacity greater than 500 persons;
(D) Medical facilities with 50 or more resident, incapacitated
patients not included in subparagraphs (A) to (C) of this
paragraph;
(E) Jails and detention facilities; and
(F) All structures and occupancies with a capacity greater than
5,000 persons.
(2) The { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board + } shall consult with the
Seismic Safety Policy Advisory Commission and the State
Department of Geology and Mineral Industries prior to adopting
rules. Thereafter, the { - Department of Consumer and Business
Services - } { + board + } may adopt rules { - as set forth
in ORS 183.325 to 183.410 - } to amend the state building code
to:
(a) Require new building sites for essential facilities,
hazardous facilities, major structures and special occupancy
structures to be evaluated on a site specific basis for
vulnerability to seismic geologic hazards.
(b) Require a program for the installation of strong motions
accelerographs in or near selected major buildings.
(c) Provide for the review of geologic and engineering reports
for seismic design of new buildings of large size, high occupancy
or critical use.
(d) Provide for filing of noninterpretive seismic data from
site evaluation in a manner accessible to the public.
(3) For the purpose of defraying the cost of applying the
regulations in subsection (2) of this section, there is hereby
imposed a surcharge in the amount of one percent of the total
fees collected under the structural and mechanical specialty
codes for essential facilities, hazardous facilities, major
structures and special occupancy structures { + . + } { - ,
which - } { + The + } fees shall be retained by the
jurisdiction enforcing the particular specialty code as provided
in ORS 455.150.
(4) Developers of new essential facilities, hazardous
facilities and major structures described in subsection
(1)(a)(E), (b) and (c) of this section and new special occupancy
structures described in subsection (1)(e)(A), (D) and (F) of this
section that are located in an identified tsunami inundation zone
shall consult with the State Department of Geology and Mineral
Industries for assistance in determining the impact of possible
tsunamis on the proposed development and for assistance in
preparing methods to mitigate risk at the site of a potential
tsunami. Consultation shall take place prior to submittal of
design plans to the building official for final approval.
SECTION 79. ORS 455.448 is amended to read:
455.448. (1) For the purposes of enforcement of this chapter
the building inspector or any person appointed by the
{ - Department of Consumer and Business Services - } { +
Building Codes Structures Board + }, after showing official
identification and, if necessary, a warrant issued to the
building owner or agent of the owner under subsection (2) of this
section, may:
(a) Enter, at reasonable times, any property that is known to
be damaged, or for which there are reasonable grounds to believe
that the structure has been damaged, as a result of an
earthquake.
(b) Inspect, at reasonable times, within reasonable limits and
in a reasonable manner property that is known to be damaged, or
for which there are reasonable grounds to believe that the
structure has been damaged, as a result of an earthquake.
(2) If entry is refused, the building inspector or any duly
appointed representative of the { - Department of Consumer and
Business Services - } { + board + } may appear before any
magistrate empowered to issue warrants and request such
magistrate to issue an inspection warrant, directing it to any
peace officer, as defined in ORS 161.015 to enter the described
property to remove any person or obstacle and assist the building
inspector or representative of the { - department - } { +
board + } inspecting the property in any way necessary to
complete the inspection.
SECTION 80. ORS 455.449 is amended to read:
455.449. (1) All buildings or portions thereof { - which - }
{ + that + } are determined after inspection by a building
inspector or a representative of the { - Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } to be in unsafe condition as a result of earthquake
damage may be declared to be a public nuisance and shall be
abated by repair, rehabilitation, demolition or removal in
accordance with the procedure specified by rules adopted by the
{ - agency - } { + board + }.
(2) Any building declared to be in unsafe condition under
subsection (1) of this section shall be made to comply with one
of the following:
(a) The building shall be repaired in accordance with the
current building code or other current code applicable to the
type of substandard conditions requiring repair;
(b) The building shall be demolished if the owner of the
building consents; or
(c) The building may be vacated, secured and maintained against
entry if the building does not constitute an immediate danger to
the life, limb, property or safety of the public.
(3) If the building or structure is in such condition as to
make it immediately dangerous to the life, limb, property or
safety of the public or its occupants, the { - Department of
Consumer and Business Services - } { + Building Codes
Structures Board + } or { + a + } representative of the
{ - department - } { + board + } shall order it to be vacated.
(4) If the structure, in whole or in part, is listed on or is
eligible for listing on the National Register of Historic Places,
established and maintained under the National Historic
Preservation Act of 1966 (P.L. 89-665), or if the National
Register of Historic Places ceases accepting nominations, is
approved for listing on an Oregon register of historic places, or
is a locally designated landmark protected by ordinance against
demolition without due process, alternative compliance with the
provisions of subsection (2)(a) and (c) of this section shall be
allowed if the repaired or rehabilitated building is no more
hazardous than it would be if repaired or rehabilitated in
accordance with (2)(a) of this section.
SECTION 81. ORS 455.467 is amended to read:
455.467. (1) Except as provided in subsection (2) of this
section, for specialty code plan reviews of simple one and two
family dwellings, the { - Department of Consumer and Business
Services - } { + Building Codes Structures Board in
consultation with the Board of Boiler Rules, the Electrical and
Elevator Board, the Manufactured Structures and Parks Board and
the State Plumbing Board + }or a municipality that administers a
building inspection program under ORS 455.150 shall approve or
disapprove the specialty code building plan:
(a) For a jurisdiction with a population that is less than
300,000, within 10 business days of receiving a complete
application, or shall implement the process described in ORS
455.465.
(b) For a jurisdiction with a population that is 300,000 or
more, within 15 business days of receiving a complete
application, or shall implement the process described in ORS
455.465.
(2) The 10-day and 15-day requirements in subsection (1) of
this section do not apply if:
(a) The plan requires approval by federal, state or local
agencies outside the jurisdiction of the issuing agency;
(b) The plan is for a complex structure that requires
additional review as determined by the department or
municipality; or
(c) Based on conditions that exist in the affected
municipality, the { - Director of the Department of Consumer
and Business Services - } { + board + } authorizes a different
plan review schedule as described in a building inspection
program submitted under ORS 455.150.
(3) For specialty code plan reviews of commercial structures, a
municipality shall include in its building inspection program
submitted under ORS 455.150 a process for plan review services.
The municipality shall include in its program detailed reasons
supporting the proposed plan review process.
(4) A municipality that repeatedly fails to meet the plan
review period described in this section or otherwise authorized
in its building inspection program submitted under ORS 455.150
shall be considered to be engaging in a pattern of conduct of
failing to provide timely plan reviews under ORS 455.160.
SECTION 82. ORS 455.525 is amended to read:
455.525. (1) In the manner provided in ORS 183.310 to 183.550
for the adoption of rules and after consideration of available
technology and costs, the Building Codes Structures Board shall
establish basic and uniform performance standards to provide
maximum energy conservation and use of passive solar energy in
the design, construction, reconstruction, alteration and repair
of buildings and other structures. Such standards shall be
{ - submitted to the Director of the Department of Consumer and
Business Services for proposed inclusion - } { + included + }
in the state building code as provided by ORS 455.030
{ - (4) - } .
(2) Any testing requirements adopted under subsection (1) of
this section do not apply to fenestration products that are for
use within residential structures if the fenestration products
are:
(a) Used in the creation of sunrooms and solariums and
constructed with a minimum of a one-half inch space between the
panes; or
(b) Fenestration products used as skylights that constitute no
more than 10 percent of the total glazing used in any dwelling
unit.
(3) The board { - and the director - } shall
{ - jointly - } adopt by rule default thermal performance
values for residential fenestration products that are produced in
low volume. Any testing requirements adopted under subsection (1)
of this section or ORS 455.020 or 455.030 do not apply to
residential fenestration products that are produced in low
volume.
(4) Fenestration products manufactured for use as skylights
that are subject to the provisions of subsection (1) of this
section and have frames that are wood, thermal break aluminum or
aluminum with vinyl shall be deemed to meet any performance
standards included in the state building code when the following
glazing configurations are used:
(a) A minimum one-half inch space between the panes and low-e
(emissivity) glass; or
(b) Triple-layered acrylic.
(5) Regulations relating to the use and conservation of energy
adopted pursuant to ORS 455.020 (2) shall be reviewed by the
board.
SECTION 83. ORS 455.560 is amended to read:
455.560. As used in ORS 455.560 to 455.580, unless the context
requires otherwise:
{ - (1) 'Department' means the Department of Consumer and
Business Services. - }
{ - (2) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (3) - } { + (1) + } 'Person' means an individual,
partnership, joint venture, private or public corporation,
association, firm, public service company, political subdivision,
municipal corporation, government agency, people's utility
district, or any other entity, public or private, however
organized.
{ - (4) - } { + (2) + } 'Public buildings' means any
building, including outdoor area adjacent thereto, which is open
to the public during normal business hours, except exempted
buildings. Each of the following is a public building within the
meaning of ORS 455.560 to 455.580, unless it or any portion
thereof is exempted by rule or order pursuant to ORS 455.570 (2),
(3) and (4):
(a) Any building { - which - } { + that + } provides
facilities or shelter for public assembly, or { - which - }
{ + that + } is used for educational, office or institutional
purposes;
(b) Any inn, hotel, motel, sports arena, supermarket,
transportation terminal, retail store, restaurant, or other
commercial establishment { - which - } { + that + } provides
services or retails merchandise;
(c) Any portion of an industrial plant building used primarily
as office space; or
(d) Any building owned by the state or political subdivision
thereof, including libraries, museums, schools, hospitals,
auditoriums, sports arenas and university buildings.
SECTION 84. ORS 455.570 is amended to read:
455.570. (1) { - After consultation with - } The Building
Codes Structures Board { + , after consultation with + }
{ - and - } the Office of Energy, { - the Director of the
Department of Consumer and Business Services, as provided in this
chapter, - } shall establish maximum lighting standards for
public buildings constructed on or after July 1, 1978. Such
standards may distinguish between type of design, the uses to
which buildings are put, location, age or any other applicable
classification.
(2) Such standards shall allow for:
(a) Differences in lighting levels within public buildings for
special areas and uses, including but not limited to hospital,
drafting room, and advertising display, and for other areas and
activities requiring special illumination.
(b) The interaction between lighting and heating systems.
(c) Occupational safety and health standards.
(3) The { - director - } { + board + } may by rule or order
exempt from the maximum lighting standards, new public buildings
or portions thereof that:
(a) Are of insufficient size to warrant maximum lighting
standard regulations;
(b) Should be allowed a specific period of time before
compliance with maximum lighting standards is required;
(c) Are difficult or impractical to regulate based upon
location;
(d) Are not open to the public during normal business hours;
(e) Are impractical to regulate, based upon unique design; or
(f) Would not be benefited by regulation, based upon the
insignificant amount of energy possible to conserve.
(4) Any person subject to ORS 455.560 to 455.580 may apply to
the { - director - } { + board + } for an exemption under
this section.
SECTION 85. ORS 455.575 is amended to read:
455.575. { - After consultation with - } The Building Codes
Structures Board { + , after consultation with + } { - and - }
the Office of Energy, { - the Director of the Department of
Consumer and Business Services, as provided in ORS 183.310 to
183.550, - } shall establish advisory maximum lighting standards
for public buildings constructed before July 1, 1978, based on
the factors set forth in ORS 455.570.
SECTION 86. ORS 455.610 is amended to read:
455.610. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures Board,
in consultation with the Board of Boiler Rules, the Electrical
and Elevator Board, the Manufactured Structures and Parks Board
and the State Plumbing Board, + }shall adopt, and amend as
necessary, a One and Two Family Dwelling Code based upon
nationally recognized codes as adopted in Oregon.
(2) Changes or amendments to the code adopted under subsection
(1) of this section may be made when:
(a) Required by geographic or climatic conditions unique to
Oregon;
(b) Necessary to be compatible with other statutory provisions;
(c) Changes to the national codes are adopted in Oregon; or
(d) Necessary to authorize the use of building materials and
techniques that are consistent with nationally recognized
standards and building practices.
(3) The energy conservation provisions adopted in the One and
Two Family Dwelling Code shall also be adopted in the State of
Oregon Structural Specialty Code.
(4) The water conservation provisions for toilets, urinals,
shower heads and interior faucets adopted in the One and Two
Family Dwelling Code shall be the same as those adopted under ORS
447.020 to meet the requirements of ORS 447.145.
(5) The code shall be adopted and amended as provided by ORS
455.030 and 455.110.
{ - (6) The Building Codes Structures Board is the only
appropriate board to advise the director on the adoption of or
amendments to the One and Two Family Dwelling Code adopted under
this section. Amendments shall be reviewed by the other
appropriate specialty boards. - }
{ - (7) Amendments to the One and Two Family Dwelling Code
shall be included in the other appropriate specialty codes. - }
SECTION 87. ORS 455.622 is amended to read:
455.622. Notwithstanding ORS 447.020, 455.715 to 455.740,
479.810 { - (3) - } or 479.855, the { - Department of
Consumer and Business Services - } { + Building Codes
Structures Board + } shall adopt education, training and
examination requirements that allow certification of inspectors
to perform inspections under one or more aspects of the One and
Two Family Dwelling Code adopted under ORS 455.610 to 455.630.
SECTION 88. ORS 455.625 is amended to read:
455.625. The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board + }
shall, by rule, adopt:
(1) A list of information required for one and two family
building permits; and
(2) A priority schedule for one and two family dwelling
inspections and plan review requirements.
SECTION 89. ORS 455.627 is amended to read:
455.627. The { - Department of Consumer and Business
Services - } { + Building Codes Structures Board + }, in
consultation with the
{ - appropriate advisory board as defined in ORS 455.010 - }
{ + Electrical and Elevator Board + }, shall adopt rules to
create a mandatory random inspection program for minor electrical
installations made by electrical contractors in one and two
family dwellings.
SECTION 90. ORS 455.630 is amended to read:
455.630. (1) The One and Two Family Dwelling Code shall be
enforced by inspectors and building officials qualified pursuant
to ORS 455.715 to 455.740.
(2) Notwithstanding subsection (1) of this section, enforcement
of electrical specialty code, permit and licensing provisions
shall be under the sole authority of the Electrical and Elevator
Board { - in the Department of Consumer and Business
Services - } .
SECTION 91. ORS 455.685 is amended to read:
455.685. The { - Director of the Department of Consumer and
Business Services - } { + Building Codes Structures Board, in
consultation with the Board of Boiler Rules, the Electrical and
Elevator Board, the Manufactured Structures and Parks Board and
the State Plumbing Board, + } may, upon an application setting
forth a set of plans and specifications that will be utilized in
one or more municipalities to acquire building permits, review
and approve the application for the construction or erection of
any building or structure if such set of plans meets the
requirements of the state building code. All costs incurred by
the { - director - } { + board + } by virtue of the
examination of such a set of plans and specifications shall be
paid by the applicant. The plans and specifications or any plans
and specifications required to be submitted to a state agency
shall be submitted to the { - director who - } { + board. The
board + } shall examine the instruments and if necessary
distribute them to the appropriate { + specialty code boards
and + } state agencies for scrutiny regarding adequacy as to fire
safety, life safety and all other appropriate features. The { +
specialty code boards + } state agencies shall examine and
promptly return the plans and specifications together with their
certified statement as to the adequacy of the instruments
regarding that { + board or + } agency's area of concern. The
applicant shall submit the plans and specifications to a local
building official prior to application for a building permit. The
local building official shall review the plan for those features
required by local ordinance or by any site-specific, geographic,
geologic or climatic code requirements. A local building official
shall issue a building permit upon application and presentation
to the local building official of such a set of plans and
specifications bearing the approval of the { - director - }
{ + board + } if the requirements of all other local ordinances
are satisfied. The { - director - } { + board + } or local
building official may assess such fees as necessary to recover
the reasonable costs incurred to ensure the compliance of the
plans and specifications with the state building code.
{ + NOTE: + } Section 92 was deleted. Subsequent sections
were not renumbered.
SECTION 93. ORS 455.705 is amended to read:
455.705. (1) { - No - } { + A + } manufacturer of
prefabricated structures or manufacturer of prefabricated
structure components may { + not + } contract with a
municipality or a person who does not have an approval issued
under subsection (2) of this section to perform prefabricated
structure plan approvals or inspections.
(2)(a) { - No - } { + A + } person may { + not + } engage
in prefabricated structure plan approvals or inspections without
being certified under ORS 455.715 to 455.740 or 479.810
{ - (3) - } .
(b) { - No - } { + A + } person may { + not + } engage in
the business of providing prefabricated structure plan approvals
or inspections without an approval issued by the { - Department
of Consumer and Business Services - } { + Building Codes
Structures Board + }.
(3) { - In accordance with any applicable provisions of ORS
183.310 to 183.550, - } The { - Director of the Department of
Consumer and Business Services - } { + board + } shall
establish by rule a system for approval and regulation of
businesses and persons who perform prefabricated structure plan
approvals or inspections. Such a system shall include but not be
limited to the following provisions:
(a) Prescribing the form and content of and the times and
procedures for submitting an application for the issuance or
renewal of an approval.
(b) Prescribing the term of the approval and the fee for the
original issue and renewal in an amount that does not exceed the
cost of administering the approval system. { - The charge for
review and approval of a third party inspection service shall not
exceed, for the original issue, $400 and for the renewal,
$200. - }
(c) Prescribing the conditions for initial issuance, renewal
and maintenance of the approval, including but not limited to the
following provisions:
(A) Procedures and reports for plan approvals and inspections;
(B) Ethical practices and prohibitions of conflicts of
interests with manufacturers of prefabricated structures and
manufacturers and suppliers of parts and services;
(C) Insurance compliance requirements;
(D) Procedures for use and application of insignia of
compliance; and
(E) Fees for and procedures for use and application of
certification stamps.
(d) Prescribing other actions or circumstances that constitute
failure to achieve or maintain approval competency or that
otherwise constitute a danger to the public health or safety and
for which the { - director - } { + board + } may refuse to
issue or renew or may suspend or revoke a certification, permit
or certificate.
(e) Prescribing the authority of the { - department - } { +
board + } to perform oversight monitoring including but not
limited to:
(A) Right of entry and access to third party records and
information;
(B) Frequency, type and extent of the oversight monitoring and
inspection of third party agencies and manufacturing facilities;
and
(C) Frequency and description of information to be submitted as
part of the monitoring process.
(f) Prescribing fees for monitoring conducted by the department
at the manufacturing plant site or at third party inspection
service locations { - , which fees shall not exceed $60 per
hour - } .
(4)(a) The { - department - } { + board + } shall establish
by rule a manufacturer compliance program to allow for plan
approvals or inspections of prefabricated structures or
prefabricated structure components at the facility at which the
prefabrication takes place, including but not limited to the
following provisions:
(A) Quality assurance programs;
(B) Procedures for use and application of insignia of
compliance; and
(C) Fees for and procedures for use and application of
certification stamps.
(b) A manufacturer of prefabricated structures shall provide
the { - department - } { + board + } with written notice at
least 60 days before a manufacturer may provide for plan approval
or inspection service as allowed under subsection (2) of this
section.
(c) The { - department - } { + board + } is not required to
provide plan approval for or inspection of any prefabricated
structure or prefabricated structure components unless the
{ - department - } { + board + } has been notified in writing
by the manufacturer of the prefabricated structure 180 days in
advance of the proposed assumption of department inspections.
(5) { - No - } { + A + } person { - shall - } { + may
not + } rent, lease, sell, exchange or offer for rent, lease,
sale or exchange within this state a prefabricated structure
constructed on or after July 1, 1991, unless it bears an insignia
of compliance or certification stamp issued by the
{ - department - } { + board + } or a third party indicating
compliance with this state's building regulations and standards
for prefabricated structures. A prefabricated structure with an
insignia of compliance or certification stamp shall be acceptable
to municipalities as meeting the state building code regulations.
Prefabricated structures constructed prior to July 1, 1991, are
subject to the building code regulations in effect at the time of
original construction.
(6) The provisions of this section do not apply to employees of
the { - Department of Consumer and Business Services and - }
{ + board, the Electrical and Elevator Board or the State
Plumbing Board or + } testing laboratories approved under ORS
chapters 447 and 479.
(7) For purposes of this section, 'insignia of compliance '
means the plate affixed to a structure by the { - Department of
Consumer and Business Services - } { + board + } or a third
party to signify compliance with all state building code
requirements for which the structure was inspected.
(8) Prefabricated structures or components found by the
{ - department - } { + board + } or a third party to
represent a danger to public health or safety shall be brought
into compliance with building code regulations or removed from
the state.
(9) All plan approvals and inspections of prefabricated
structures and prefabricated components constructed at
manufacturing plants outside of Oregon but intended for delivery
into Oregon shall be performed by the { - department - } { +
board + } or conducted under ORS 455.430.
SECTION 94. ORS 455.720 is amended to read:
455.720. (1) { - In accordance with applicable provisions of
ORS 183.310 to 183.550, to promote effective and uniform
enforcement of the state building code by improving the
competence of building officials and inspectors, the Director of
the Department of Consumer and Business Services, - } { + The
Building Codes Structures Board, + } with the advice of the
{ - advisory boards - } { + Board of Boiler Rules, the
Electrical and Elevator Board, the Manufactured Structures and
Parks Board and the State Plumbing Board + }, shall:
(a) Establish for building officials and inspectors reasonable
minimum training and experience standards, including but not
limited to courses or subjects for instruction, facilities for
instruction, qualification of instructors, methods of instruction
and classification of responsibility. The standards shall include
provisions for determining a practical experience equivalent.
(b) Establish a procedure to be used by municipalities to
determine whether a person meets minimum standards or has minimum
training to be appointed or employed as a building official or
inspector. The procedure shall allow for a field examination of a
person to determine if the person meets the practical experience
equivalent of a minimum standard.
(c) Subject to such terms, conditions and classifications as
the { - director - } { + specialty code boards + } may
impose, { + + }certify building officials as being qualified,
and { + suspend or + }revoke such certifications in the manner
provided in ORS 455.740.
(d) Subject to such terms, conditions and classifications as
the { - director - } { + appropriate specialty code board + }
may impose, certify inspectors as being qualified to enforce one
or more particular specialty codes, and { - revoke - }
{ + with the advice of the appropriate specialty code board
suspend + } such certifications in the manner provided in ORS
455.740.
(e) Require an applicant for a certificate as a building
official or inspector to demonstrate knowledge of the laws
governing accessibility to buildings by disabled persons by
passing an examination prescribed by the { - director - } { +
board + }.
(2) The { - director - } { + board + } shall maintain and,
upon request of municipalities, furnish information on applicants
for appointment or employment as building officials or
inspectors.
(3) { - Pursuant to ORS 183.310 to 183.550, - } The
{ - director - } { + board + } shall adopt rules necessary to
carry out the certification programs provided by subsections (1)
to (3) of this section.
(4) The { - director - } { + board + }, by rule, may
require evidence of completion of continuing education covering
{ - any - } { + a + } certification created under this section
as a condition of maintaining the certification. { - Nothing
in - } This subsection { - shall - } { + does not + }
prohibit the { - director - } { + board + } from delegating
any of this power to a municipality.
{ + (5) The procedure in this section is for the purpose of
convenience to applicants only and does not allow the Building
Codes Structures Board to supersede the authority of a specialty
code board. An issuance of certification by the board does not
prohibit a specialty code board from revoking an inspector's
credentials to enforce a specialty code or prohibiting
certification of an individual to inspect under a specialty
code. + }
SECTION 95. ORS 455.725 is amended to read:
455.725. (1) Upon application, the { - Director of the
Department of Consumer and Business Services - } { + Building
Codes Structures Board + } or an authorized representative shall
examine and evaluate any program or facility established by a
municipality or educational institution for the training of
building officials, inspectors and specialty code inspectors and
plan reviewers licensed under ORS 455.457.
(2) If the { - director - } { + board + } finds that a
training program is qualified under the minimum requirements
established pursuant to ORS 455.720, the { - director - } { +
board + } shall, in writing, certify the training program as
being qualified for such a period of time and upon such
conditions as the { - director - } { + board + } may
prescribe. An individual complies with any minimum requirement
for building officials or inspectors established pursuant to ORS
455.720 when the individual satisfactorily completes a training
program certified under this section.
SECTION 96. ORS 455.735 is amended to read:
455.735. (1) Any person desiring to be certified as a building
official or inspector pursuant to ORS 455.715 to 455.740 shall
make application to the { - Director of the Department of
Consumer and Business Services - } { + Building Codes
Structures Board + } upon such forms as the { - director - }
{ + board + } may prescribe for such purpose.
(2)(a) Each person applying for certification pursuant to this
section shall pay a fee { - of $22 - } { + determined by the
board + }.
(b) In the event the { - director - } { + board + }
requires, by rule, an applicant for a particular certification to
pass an examination prepared by a national organization, the
applicant shall pay { + an examination fee determined by the
board + } in addition to the fee required in paragraph (a) of
this subsection { - , the cost of the examination - } .
(3) { + With the advice of the appropriate specialty code
boards, + } upon determining that the applicant is qualified
under ORS 455.715 to 455.740, the { - director - } { +
board + } shall issue or cause to be issued to the applicant a
certificate setting forth the class and any restrictions upon the
certification, including, if the applicant is an inspector, the
particular specialty codes { - which - } { + that + } the
applicant is certified to enforce.
{ + (4) The board and the specialty code boards shall
negotiate a formula for sharing fees paid under this section. + }
SECTION 97. ORS 455.737 is amended to read:
455.737. (1) Notwithstanding ORS 455.720 (1), the
{ - Director of the Department of Consumer and Business
Services - } { + Building Codes Structures Board + }, { - by
rule - } { + with the advice of the Board of Boiler Rules, the
Electrical and Elevator Board, the Manufactured Structures and
Parks Board and the State Plumbing Board + }, shall adopt
criteria for review of the experience and training in building
inspection and building plan review acquired by a person outside
the State of Oregon. The criteria shall be adopted in a manner
that facilitates review of a person's qualifications by a local
building official.
(2)(a) A local building official who wishes to employ a person
who is not certified under ORS 455.735 as an inspector shall
submit the person's qualifications to the { - director - }
{ + board + }. The { - director - } { + board + } shall
review the stated qualifications against the criteria adopted
under subsection (1) of this section, including verification of
experience and training. The { - director - } { + board + }
shall respond to the local building official in writing within 10
working days of receiving the applicant's qualifications, stating
whether the person meets the applicable criteria.
(b) Upon application and payment of the required fee, the
{ - director - } { + board + } shall allow a person whose
qualifications meet the criteria adopted under subsection (1) of
this section to sit for any examination necessary for the
required certification. The application shall include a
declaration, taken before a notary public, affirming the accuracy
of the experience and training set forth in the application.
SECTION 98. ORS 455.740 is amended to read:
455.740. (1) The { - Director of the Department of Consumer
and Business Services - } { + Building Codes Structures
Board + } may, upon notice and hearing, suspend or revoke the
certification of any building official or inspector when it
appears to the { - director - } { + board + } by competent
evidence that the building official or inspector:
(a) Has consistently failed to act in the public interest in
the performance of duties;
(b) Failed to complete the continuing education requirements as
required under ORS 455.720 (4); or
(c) Provided false information to the { - department - }
{ + board + }.
(2) { + If the actions described in subsection (1)(a) to (c)
of this section involve only a specialty code administered and
enforced by the Board of Boiler Rules, the Electrical and
Elevator Board, the Manufactured Structures and Parks Board, the
State Plumbing Board, the Building Codes Structures Board may
suspend the certification, but not revoke the certification. The
appropriate specialty code board shall determine the appropriate
action to be taken, if any, and advise the Building Codes
Structures Board of the determination. + }In any revocation
proceeding under this section, the municipality that employs the
building official or inspector shall be entitled to appear as a
party in interest, either for or against the revocation.
(3) When a certification is suspended or revoked under this
section, { + subject to subsection (2) of this section + } the
{ - director - } { + board + } may also suspend, deny or place
conditions on that person's right to reapply for certification
under ORS 455.735 for a period not to exceed 12 months.
(4) { - Nothing in - } This section { - shall be construed
to - } { + does not + } limit or otherwise affect the authority
of a municipality to dismiss or suspend a building official or
inspector at its discretion.
(5) Notwithstanding the requirements of subsections (1) to (4)
of this section, the { - director - } { + board + } may adopt
rules which:
(a) Allow certifications { + issued by the board + }to be
placed on inactive status; and
(b) Extend continuing education compliance requirements in case
of illness or hardship.
{ +
ELEVATOR AND ELECTRICAL BOARD + }
SECTION 99. { + (1) The Electrical and Elevator Board shall be
organized and governed as described in this section.
(2)(a) The term of office of each member is four years and no
member shall be eligible for appointment to more than two full
terms of office. The Governor shall appoint the members of each
board and the board members shall serve at the pleasure of the
Governor.
(b) Before the expiration of the term of a member, the Governor
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(3) A board shall select one of its members as chairperson and
another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such
office as the board determines.
(4) A majority of the members of a board constitutes a quorum
for the transaction of business.
(5) Each board shall meet at least once every three months at a
place, day and hour determined by the board. A board shall also
meet at other times and places specified by the call of its
chairperson or of a majority of the members of the board.
(6) The Governor may remove a board member for good cause. '
Good cause' for removal of a member includes, but is not limited
to, three unexcused absences during any 12-month period from a
regularly scheduled board meeting.
(7) The appointment of a member of a board is subject to
confirmation by the Senate pursuant to section 4, Article III of
the Oregon Constitution. + }
SECTION 100. { + (1) All municipalities that establish an
electrical or one and two family dwelling inspection program
under ORS 455.150 may 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. The municipalities may issue
notices of proposed assessment of civil penalties for violations
of those statutes as agents of the respective boards following
procedures adopted under subsection (2) of this section.
(2) The Electrical and Elevator Board 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 board, 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 board with the municipality that initiated the charges, when
a person charged with a violation as provided in subsection (1)
of this section requests a hearing and is assessed a penalty.
One-half of the amounts recovered shall be paid to the
municipality. The board 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
municipalities to investigate violations of the board's permit
requirements under ORS 479.550 or electrical installations and
services under the One and Two Family Dwelling Code, and to
initiate notices of proposed assessment of civil penalties as
agents of the board and pay the agents out of net civil penalty
recoveries as if the recoveries were under this subsection.
(3)(a) It is a defense for any person charged with a penalty
for violation of a building inspection program permit requirement
covering electrical permit requirements under ORS 479.550 or
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 the electrical or elevator specialty
codes 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
electrical installation:
(A) An investigative or other fee added to an electrical permit
fee when a permit was obtained after the electrical installation
was started;
(B) A civil penalty pursuant to ORS 479.830 for violation of
ORS 479.550 for failure to obtain an electrical permit;
(C) A civil penalty pursuant to ORS 455.895 for failure to
obtain an electrical permit under the One and Two Family Dwelling
Code; or
(D) 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. + }
SECTION 101. ORS 446.210 is amended to read:
446.210. (1) Upon payment of a fee required by { - ORS
479.840 the Director of the Department of Consumer and Business
Services - } { + the Electrical and Elevator Board, the
Electrical and Elevator Board + } shall issue a limited
maintenance electrician's license to a person who has complied
with ORS 479.510 to 479.945 and the rules issued thereunder, who
passes a written examination administered by the
{ - department - } { + Electrical and Elevator Board + } on
basic electrical principles on repair and maintenance of
electrical wiring and equipment used in a manufactured structure,
and submits proof satisfactory to the { - department - } { +
Electrical and Elevator Board + } that the person has had
sufficient experience in the repair and maintenance of such
electrical problems of the type and nature found in a
manufactured structure.
(2) A person licensed under this section and who has passed a
written examination administered by the { - department - }
{ + Electrical and Elevator Board + } shall be authorized to
repair and maintain electrical wiring and equipment used in a
manufactured structure.
{ - No worker or applicant for a license under this section
shall be deemed in violation of ORS 479.510 to 479.945 by reason
of electrical repair and maintenance work performed during the
period of required experience whenever required prior to
September 1, 1969. - }
SECTION 102. ORS 455.138 is amended to read:
455.138. (1) { - There is established in the Department of
Consumer and Business Services an - } { + The + } Electrical
and Elevator Board { + shall operate as a semi-independent state
agency. The board shall consist + } { - consisting - } of 15
members.
(2) The { - Electrical and Elevator - } board shall
{ - assist the Director of the Department of Consumer and
Business Services in administering - } { + administer and
enforce + } the electrical program described in ORS 479.510 to
479.945 and the elevator program described in ORS 460.005 to
460.175.
(3) The board shall be composed of:
(a) A fire and casualty underwriter;
(b) A representative of industrial plants regularly employing
licensed electricians;
(c) A person representing the power and light industry;
(d) An electrical equipment supplier who otherwise qualifies by
experience in the industry;
(e) An elevator manufacturing representative;
(f) One member from the electrical equipment manufacturing
industry who otherwise qualifies by experience and training in
electricity;
(g) Two journeyman electricians;
(h) An electrical inspector;
(i) Two electrical contractors;
(j) A municipal building official;
(k) A journeyman elevator installer;
(L) An owner or manager of a commercial office building; and
(m) A public member who does not receive compensation from any
interest described in paragraphs (a) to (L) of this subsection.
SECTION 103. ORS 460.005 is amended to read:
460.005. As used in ORS 460.005 to 460.175, unless the context
requires otherwise:
(1) 'Alteration' means any change or addition to the equipment
other than ordinary repair or replacement of an existing part
thereof.
(2) 'Board' means the Electrical and Elevator Board established
under ORS 455.138.
(3) 'Certified elevator inspector' means an employee or
representative of a casualty insurance company or companies who
has passed the required examination and has been issued a
certificate of competency as an elevator inspector by the
{ - Department of Consumer and Business Services - } { +
board + }.
{ - (4) 'Department' means the Department of Consumer and
Business Services. - }
{ - (5) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (6) - } { + (4) + } 'Elevator' means a hoisting and
lowering mechanism equipped with a car or platform which moves in
guides, and which serves two or more landings, and includes but
is not limited to dumbwaiters, escalators, manlifts, platform
hoists, vertical parking units for motor vehicles and moving
walks.
{ - (7) - } { + (5) + } 'License' means an annual permit
issued by the department under ORS 460.005 to 460.175 authorizing
the person whose name appears as licensee thereon to act as an
elevator contractor for the installation, alteration, repair and
maintenance of elevators.
{ - (8) - } { + (6) + } 'Minimum safety standards' means
safety standards provided by ORS 460.005 to 460.175.
{ - (9) - } { + (7) + } 'Moving walk' means a power-driven,
horizontal or inclined, or combination, passenger-carrying
device, in which the passenger-carrying surface remains parallel
to its direction of motion, and is uninterrupted.
{ - (10) - } { + (8) + } 'Operating permit' means a permit
issued by the
{ - department - } { + board + } for the operation of an
elevator indicating that the required safety inspection has been
made and the elevator has been found to be in compliance with the
minimum safety standards provided for in ORS 460.005 to 460.175.
{ - (11) - } { + (9) + } 'Platform hoist' means a hoisting
and lowering mechanism equipped with an open platform
{ - which - } { + that + } moves in a substantially vertical
direction and { - which - } { + that + } travels a limited
distance above or below a building floor or dock level.
{ - (12) - } { + (10) + } 'Provisional operating permit'
means a permit issued by the { - department - } { + board + }
on the basis of a variance from the minimum safety standards
under ORS 460.005 to 460.175.
SECTION 104. ORS 460.024 is amended to read:
460.024. The purpose of ORS 460.005 to 460.175 is to protect
the health and safety of the people of Oregon from the danger of
unsafe elevators. To accomplish this purpose the Legislative
Assembly intends by ORS 460.005 to 460.175:
(1) To provide minimum safety standards for the installation,
alteration, repair and maintenance of elevators to be operated in
this state.
(2) To { - assure - } { + ensure + } compliance with
minimum safety standards in installation, alteration, repair and
maintenance of elevators to be operated within the state.
(3) To provide for the administration and enforcement of ORS
460.005 to 460.175 by the { - Department of Consumer and
Business Services - } { + Electrical and Elevator Board + }.
(4) To provide for defraying the cost of administering and
enforcing ORS 460.005 to 460.175 by fees collected in connection
with licensing, approval or rejection of plans, inspections,
processing reports and issuing of elevator operating permits.
SECTION 105. ORS 460.035 is amended to read:
460.035. (1) { - No fees shall be - } { + A fee is not + }
required under ORS 460.005 to 460.175 to install, alter, repair,
operate or maintain an elevator:
(a) Under the supervision of the United States Government.
(b) Nonpower-driven lifting devices.
(c) Located in a private residence, except for initial
installation.
However, the { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } may, at the
request of the owner or user thereof, make an inspection of the
above exempt elevators and collect { - the - } { + an + }
appropriate fee { - listed in ORS 460.165 - } .
(2) Pipes installed in an elevator hoistway prior to July 1,
1961, { - which - } { + that + } do not convey gases or
liquids that would endanger life if discharged into the hoistway,
are not required to be removed.
(3) ORS 460.005 to 460.175 does not apply to:
(a) Belt, bucket, scoop, roller or similar type material
conveyors.
(b) Hoists for raising or lowering materials and
{ - which - } { + that + } are provided with unguided hooks,
slings and similar means for attachment to the materials.
(c) Material hoists used only to raise and lower building
material in buildings under construction.
(d) Stackers that serve one floor only.
(e) Window-washing scaffolds.
(f) Nonpower-driven lifting devices.
(g) Amusement rides.
(h) Mine elevators.
(i) Elevators under the supervision of the United States
Government.
(j) Elevators located in private residences, except for initial
installation.
SECTION 106. ORS 460.045 is amended to read:
460.045. Subject to ORS 460.035, a person { - shall - } { +
may + } not:
(1) Engage in the business of installation, alteration, repair
or maintenance of an elevator without an elevator contractor's
license.
(2) Install, alter, repair or maintain an elevator unless the
person possesses a valid license issued under ORS 460.059 or
479.630 (6).
(3) Install, alter, or commence to install or alter, an
elevator covered by ORS 460.005 to 460.175 the plans and
pertinent data for which have not been approved by the
{ - Department of Consumer and Business Services - } { +
Electrical and Elevator Board + }.
(4) Permit or suffer an elevator to be operated, without a
current operating permit, on property { - which - } { +
that + } the person owns, controls, manages or supervises.
(5) Act or offer to act as a certified elevator inspector
unless the person has a current certificate of competency as an
elevator inspector issued by the { - department - } { +
board + }.
(6) Place in service a new or altered elevator without a
current operating permit issued after a satisfactory acceptance
inspection made by the { - department - } { + board + } and
satisfactory acceptance tests performed in the presence of a
member of the
{ - department's - } { + board's + } staff of elevator
inspectors.
(7) Place in service an elevator { - which - } { + that + }
has caused an injury to a person or persons until permission has
been obtained from the { - department - } { + board + }.
SECTION 107. ORS 460.048 is amended to read:
460.048. A person submitting { - to the Department of
Consumer and Business Services, for department approval, - }
plans and pertinent data for the installation or alteration of an
elevator covered by ORS 460.005 to 460.175 { + to the Electrical
and Elevator Board for approval + } shall submit the plans and
pertinent data { - to the department - } in triplicate.
SECTION 108. ORS 460.055 is amended to read:
460.055. (1) The { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } shall give
{ - its - } { + a + } decision within a reasonable time, not
exceeding 30 days:
(a) Approving or rejecting plans and pertinent data for
proposed elevator installations or alterations submitted for the
{ - department's - } { + board's + } examination.
(b) Issuing or denying a certificate of competency to
applicants after examinations have been taken therefor.
(c) Issuing or denying permits for elevators inspected by a
member of the { - department's - } { + board's + } staff of
elevator inspectors or by a certified elevator inspector.
(2) Except as provided in subsection (3) of this section
permits { - shall - } { + may + } not be issued for the
operation of elevators failing to meet minimum safety standards
as provided by ORS 460.005 to 460.175.
(3) A provisional operating permit may be issued for elevators
whose safety standards vary from the minimum safety standards as
provided in ORS 460.005 to 460.175, { - when - } { + if + }
in the opinion of the { - department - } { + board + } no
immediate hazard to health or safety exists. Such provisional
operating permit shall be issued for a specific period of time
determined by the { - department - } { + board + } at the
time such permit is granted. During the life of such provisional
operating permit such elevator shall be brought into compliance
with the safety standards found at variance at the time of the
issuance of such provisional permit.
(4) A certificate of competency as an elevator inspector shall
be issued only to an individual who has passed an examination
administered by the { - department - } { + board + } for this
purpose and who is employed by the { - department - } { +
board + } or is a representative of a casualty insurance company
or companies as an elevator inspector. The examination shall:
(a) Include questions, the answers to which are confined to
matters which will aid in determining the fitness and competency
of the applicant for the intended service.
(b) Include a practical demonstration of manipulative skill
directly related to the intended service, or the requirement of
previous related experience in lieu thereof.
(c) Be maintained on file with the records of practical
demonstrations for no less than three years and shall be produced
by the { - department - } { + board + } upon the request of
any court { - , or the Electrical and Elevator Board, - } or a
person with a legitimate interest.
(5) If for a period of more than two years after the person is
issued a certificate of competency as an elevator inspector, a
holder of the certificate is not employed as an elevator
inspector, the person { - shall not be - } { + is not + }
entitled to renewal of the certificate. The person may qualify
for issuance of a new certificate in the manner provided for in
subsection (4) of this section.
(6) { - No - } { + The board may not approve + } plans or
pertinent data for elevators to be installed or altered in this
state { - shall be approved by the department - } unless the
proposed elevator installation or alteration meets minimum safety
standards as provided in ORS 460.085 (1).
SECTION 109. ORS 460.057 is amended to read:
460.057. The { - Department of Consumer and Business Services
by rule - } { + Electrical and Elevator Board + } shall
establish criteria for issuing a special limited license to a
person who can document to the satisfaction of the
{ - department - } { + board + } that the person possesses
sufficient work experience in the mechanical aspects of elevator
installation, alteration, maintenance and repair acquired prior
to October 23, 1999. The license shall limit the person to
performing mechanical installation, alteration, maintenance and
repair on elevators. The { - department - } { + board + } may
further establish conditions and limit the scope of work that may
be performed by a person licensed under this section.
SECTION 110. ORS 460.075 is amended to read:
460.075. (1) { - Subject to the provisions of ORS 183.310 to
183.550, the Department of Consumer and Business Services - }
{ + The Electrical and Elevator Board + } shall cancel, revoke
or suspend the operating permit for any elevator { - which - }
{ + that + } fails to comply with the minimum safety standards
provided by ORS 460.005 to 460.175.
(2) { - Subject to the provisions of ORS 183.310 to 183.550,
the department - } { + The board + } may suspend or revoke the
certificate of competency of any certified elevator inspector:
(a) Whom the { - department - } { + board + } finds to be
performing the work in a manner inconsistent with the intent and
purposes of ORS 460.005 to 460.175.
(b) Who fails to file in advance with the { - department - }
{ + board + } the name of any company for which the inspector
performs an inspection.
(c) Who willfully violates ORS 460.005 to 460.175 or rules
issued under ORS 460.085 (1).
(d) Who deliberately falsified the application of the inspector
for such certificate or the inspection report made to the
{ - department - } { + board + }.
(e) Who persistently fails to properly report to the
{ - department - } { + board + } in writing regarding
elevators inspected by the inspector.
(3) { - Subject to the provisions of ORS 183.310 to 183.550,
the department - } { + The board + } may suspend or revoke the
license of an elevator contractor who willfully violates ORS
460.005 to 460.175 or rules issued under ORS 460.085 (1).
SECTION 111. ORS 460.085 is amended to read:
460.085. (1) { - In accordance with the applicable provisions
of ORS 183.310 to 183.550, the Director of the Department of
Consumer and Business Services, after consultation with - } The
Electrical and Elevator Board { - , - } shall adopt reasonable
rules:
(a) Establishing safety standards applicable to the
installation of elevators installed after July 21, 1973.
(b) Establishing safety standards applicable to the alteration,
repair or maintenance of elevators. The { - department - }
{ + board + } may provide differing standards for elevators
installed prior to July 1, 1961, and after July 1, 1961.
(c) Governing the issuance, renewal, suspension and revocation
of licenses, permits and certificates of competency issued under
ORS 460.005 to 460.175.
(d) Prescribing the time, place and circumstances under which
permits, licenses and certificates of competency shall be
exhibited for inspection.
{ - (e) Governing the internal organization and procedure of
the department for administering and enforcing ORS 460.005 to
460.175. - }
{ - (f) - } { + (e) + } Prescribing, requiring and
governing reports by
{ - the department's staff of elevator inspectors and - }
certified elevator inspectors on elevators inspected by them.
(2) In adopting rules under subsection (1) of this section, the
{ - director - } { + board + } shall consider:
(a) Technological advances in the elevator industry.
(b) The practicability of following the standards under
consideration, if adopted.
(c) The probability, extent and gravity of the injury to the
public or property { - which - } { + that + } would result
from failure to follow the standards under consideration.
(d) Safety standards followed, proposed or approved by
responsible members of the elevator industry.
(3) The sole purpose of subsection (1)(b) of this section is to
provide reasonable safety for life and limb. In case of practical
difficulty or unnecessary hardship, the { - department - }
{ + board + } shall grant exceptions from the literal
requirements or permit the use of other devices or methods than
specified pursuant to subsection (1)(b) of this section when it
is evident that reasonable safety is thereby secured.
(4) Any owner, user or other person aggrieved by the
application by the { - department - } { + board + } of the
minimum safety standards established pursuant to subsection
(1)(b) of this section may appeal in the same manner and for the
same reasons as provided under ORS 460.155.
SECTION 112. ORS 460.125 is amended to read:
460.125. (1) The { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } shall:
(a) At least once each year inspect each elevator to ascertain
if it is being operated and maintained in accordance with ORS
460.005 to 460.175 { + . + } { - ; provided, however, the
department shall not be - } { + The board is not + } required
to inspect { - any - } { + an + } elevator { - about
which - } { + if + } the { - department - } { + board + }
has been notified in writing { - , - } by the employer of a
certified elevator inspector, that inspection will be made by
{ - their - } { + that + } certified inspector { + . + }
{ - , if - } A copy of each report { - is - } { + must
be + } filed with the department within 30 days of the
{ + inspection + } due date of { - each of said elevators - }
{ + the elevator + }.
(b) Periodically check the authenticity, appropriateness and
expiration date of elevator permits.
(c) Review { - with the Electrical and Elevator Board - }
any appeals from the decisions of the inspectors.
(d) Inspect and witness safety tests of all new or altered
elevators before { - they - } { + the elevators + } are
placed in service. Inspection and tests are to be governed by
ORS 460.085 (1).
(e) Inspection reports provided to owners, users or other
affected parties shall contain a notification of the right of
appeal as provided in ORS 460.155.
(2) If the { - department - } { + board + } finds that an
elevator is being operated otherwise than in compliance with ORS
460.005 to 460.175, the { - department - } { + board + } may
cause { - it - } { + the elevator + } to be disconnected from
its source of power. The { - department - } { + board + }
shall give reasonable notice to the owner or operator prior to
taking such action unless continued operation of the elevator
would constitute an immediate hazard to the health and safety of
persons.
SECTION 113. ORS 460.135 is amended to read:
460.135. For the purpose of discharging any duty imposed by or
exercising any authority conferred by ORS 460.005 to 460.175, the
{ - Department of Consumer and Business Services - } { +
Electrical and Elevator Board + } may, during reasonable hours,
enter any building, enclosure or upon any premises where an
elevator is in operation or about to be put into operation.
{ - No - } { + A + } person { - shall - } { + may not + }
obstruct or interfere with the { - department - } { +
board + } in the performance of its duties or the exercise of any
authority conferred by ORS 460.005 to 460.175.
SECTION 114. ORS 460.145 is amended to read:
460.145. When it appears to the { - Department of Consumer
and Business Services - } { + Electrical and Elevator Board + }
that a person subject to ORS 460.005 to 460.175 is engaged or
about to engage in an act or practice { - which - } { +
that + } constitutes a violation of ORS 460.005 to 460.175 or
rules issued thereunder, the { - department - } { + board + }
may, without bond, obtain an order from an appropriate circuit
court restraining or enjoining such act or practice.
SECTION 115. ORS 460.155 is amended to read:
460.155. (1) The { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } shall hear
the appeal of an appellant who has filed a written request (a)
within 10 days of receiving written notice that a restraining
order or injunction will be sought, or (b) within 30 days after
receiving notice that a permit or certificate of competency will
be canceled, revoked or suspended, or who is affected by either
of such notices.
(2) In case there is a timely appeal, the restraining order or
injunction will not be sought or the permit or certificate of
competency will not be canceled, suspended or revoked pending the
appeal unless the reason for the restraining order, injunction,
cancellation, suspension or revocation constitutes an immediate
menace to health or safety.
(3) The { - department - } { + board + } shall
{ - likewise - } hear the appeal of an appellant who has filed
a written request and who has reason to desire a change in the
minimum safety standards or the rules under ORS 460.005 to
460.175, or has been denied a permit or a certificate of
competency.
(4) The { - department - } { + board + } shall set the time
and place for hearing and give the appellant 10 days' written
notice.
(5) All appeals shall be heard within three months of receipt
of the request; provided, if immediate menace to health or safety
is involved, the appeal shall be heard within 20 days of receipt
of the request.
(6)(a) Two or more appeals may be consolidated for hearing, if
based upon substantially the same facts.
(b) The { - department - } { + board + } and the appellant
may subpoena witnesses who shall receive the same compensation
and mileage pay as circuit court witnesses.
{ - (c) The appeal shall be heard by the department before
the Electrical and Elevator Board. - }
{ - (d) - } { + (c) + } A written record { + of the appeal
hearing + } shall be kept.
{ - (e) The department shall determine the appeal after
consultation with and giving consideration to the views of the
board. - }
(7) Judicial review of any final order or decision of the
{ - department - } { + board + } shall be taken pursuant to
the provisions of ORS 183.310 to 183.550.
SECTION 116. ORS 460.165 is amended to read:
460.165. { - Subject to ORS 460.035 (1) and 460.085 (1), the
maximum fees described in this section may be collected by the
Department of Consumer and Business Services - } { + The
Electrical and Elevator Board may impose fees + } for examining
plans, for the inspection of elevators, for issuing or renewing
an elevator contractor's license and for processing reports and
issuing the annual permit for the operation of an
elevator { + . + } { - , as the case may be. Actual fees shall
be prescribed by the department with approval of the Oregon
Department of Administrative Services. This section applies to
the following fees: - }
{ - (1) For an elevator contractor's license for each place
of business operated by the applicant, $195. - }
{ - (2) With the submission of plans and other pertinent
data, for each elevator, $78. - }
{ - (3) - } { + The board may also impose fees + }for each
periodical or other inspection made by a member of the
{ - department's - } { + board's + } staff of elevator
inspectors { - , except as provided in subsection (6) of this
section, the following schedule of maximum fees shall apply: - }
{ - (a) - } { + of a + } dumbwaiter, sidewalk elevator,
residential elevator, residential inclinator or subveyor,
{ - $52. - }
{ - (b) - } escalator, lowerator, manlift, stagelift,
inclined elevator, platform hoist or moving walk, { - $78. - }
{ - (c) - } power-driven elevator { - with a four floor
rise or under, $78. - }
{ - (d) Power-driven elevator with over a four floor rise,
but under a 10-floor rise, $98. - }
{ - (e) Power-driven elevator with over 10-floor rise, but
under 20-floor rise, $124. - }
{ - (f) Power-driven elevator with a 20-floor rise or over,
$147. - }
{ - (g) A call back made on a mechanism listed in paragraphs
(a) to (f) of this subsection and made by request or in the
continued existence of a defect, $52. - }
{ - (4) Special inspections of - } { + or + } hoisting or
lowering mechanisms other than elevators { + , + } { - or under
special agreement between the department and a person requesting
a special inspection shall be at the maximum rate of $55 per hour
for travel and inspection time. - }
{ - (5) - } { + and + } for the processing of each report
of an inspection required under the provisions of ORS 460.005 to
460.175, $20.
{ - (6) Maximum inspection fee in the case of installation or
alteration of an elevator, if the total cost of the installation
or alteration, other than the inspection fee, is: - }
{ - (a) $1,000 or under, the maximum fee is $98. - }
{ - (b) Over $1,000 but under $15,000, the maximum fee is $98
plus $13 for each $1,000 or fraction of $1,000 by which the cost
exceeds $1,000. - }
{ - (c) $15,000 or over but under $50,000, the maximum fee is
$280 plus $8 for each $1,000 or fraction of $1,000 by which the
cost exceeds $15,000. - }
{ - (d) $50,000 or over, the maximum fee is $553 plus $3 for
each $1,000 or fraction of $1,000 by which the cost exceeds
$50,000. - }
{ - (7) Whenever an owner or user of any elevator equipment
fails to pay a fee required under this section within 90 days
after the date of depositing written notification in the United
States mail, postage prepaid, and addressed to the last-known
address of said owner or user, the fee shall be considered
delinquent and the fee shall be doubled unless the owner or user
of the elevator equipment establishes to the satisfaction of the
department justification for failure to pay. The court may award
reasonable attorney fees to the department if the department
prevails in an action for the collection of a fee required by
this section. The court may award reasonable attorney fees to a
defendant who prevails in an action for the collection of a fee
required by this section if the court determines that the
department had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of
the trial court. - }
SECTION 117. ORS 460.175 is amended to read:
460.175. All receipts from fees, charges, costs and expenses
provided for in ORS 460.005 to 460.175 shall be collected by the
{ - Department of Consumer and Business Services and paid into
the Consumer and Business Services Fund created by ORS
705.145 - } { + Electrical and Elevator Board and deposited to
the account established by the board pursuant to ORS 182.470 + }.
SECTION 118. ORS 479.520 is amended to read:
479.520. The purpose of the Electrical Safety Law is to protect
the health and safety of the people of Oregon from the danger of
electrically caused shocks, fires and explosions and to protect
property situated in Oregon from the hazard of electrically
caused fires and explosions. To accomplish this purpose the
Legislative Assembly intends to provide a procedure:
(1) For determining where and by whom electrical installations
are being made and where electrical products are sold in this
state.
(2) To { - assure - } { + ensure + } the public that
persons making electrical installations in this state are
qualified by experience and training.
(3) To { - assure - } { + ensure + } the public that
electrical installations made and electrical products sold in
this state meet minimum safety standards.
(4) For the administration and enforcement of the Electrical
Safety Law by { - the Department of Consumer and Business
Services and - } the Electrical and Elevator Board.
(5) By which the cost of administering and enforcing the
Electrical Safety Law is defrayed by the collection of fees in
connection with the issuing of permits and electrical licenses
and the collection of fines and civil penalties.
SECTION 119. ORS 479.530 is amended to read:
479.530. As used in ORS 479.510 to 479.945, unless the context
requires otherwise:
(1) 'Approved testing laboratory' means a testing laboratory
that meets criteria for electrical product evaluation established
by the { - Director of the Department of Consumer and Business
Services with the approval of the board under ORS 479.730 - }
{ + Electrical and Elevator Board + }.
(2) 'Board' means the Electrical and Elevator Board established
under ORS 455.138.
(3) 'Certified electrical product' means an electrical product
that is certified under ORS 479.760 and that is not decertified.
(4) 'Competent inspection service' means an electrical
inspection service of a city or county administered under ORS
455.150 that employs electrical inspectors who are certified to
meet standards under ORS 479.810.
(5) 'Commercial electrical air conditioning equipment ' means
heating, cooling, refrigeration, dehumidifying, humidifying and
filtering equipment used for climatizing or moving of air if used
in commerce, industry or government and if installed in a place
not accessible to the general public other than the switches
regulating the operation of the equipment.
{ - (6) 'Department' means the Department of Consumer and
Business Services. - }
{ - (7) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (8) - } { + (6) + } 'Dwelling unit' means one or more
rooms for the use of one or more persons as a housekeeping unit
with space for eating, living and sleeping and permanent
provisions for cooking and sanitation.
{ - (9) - } { + (7) + } 'Electrical installations' means
the construction or installation of electrical wiring and the
permanent attachment or installation of electrical products in or
on any structure that is not itself an electrical product.
'Electrical installation ' also means the maintenance or repair
of installed electrical wiring and permanently attached
electrical products. 'Electrical installation' does not include
an oil module.
{ - (10) - } { + (8) + } 'Electrical product' means any
electrical equipment, appliance, material, device or apparatus to
convey or be operated by electrical current.
{ - (11) - } { + (9) + } 'Equipment' means any material,
fittings, devices, appliances, fixtures, apparatus or the like
that are used as part of or in connection with an electrical
installation.
{ - (12) - } { + (10) + } 'Field evaluation firm' means an
independent organization that provides:
(a) Evaluations or testing, or both; and
(b) Documentation regarding compliance with electrical product
safety standards and with the electrical installation safety
code.
{ - (13) - } { + (11) + } 'Industrial electrical equipment'
means electrical products used in industry or government that
utilizes electric energy for mechanical, chemical, heating,
lighting or similar purposes, that is designed to service or
produce a product and that is used directly in the production of
the service or product. 'Industrial electrical equipment' does
not include:
(a) Wiring to be connected to industrial electrical products.
(b) Any other electrical product that is not an original part
of industrial electrical equipment.
{ - (14) - } { + (12) + } 'Installation label' means an
adhesive tag issued by governmental agencies that administer the
Electrical Safety Law to licensed electrical contractors for
application to those minor electrical installations for which the
board by rule determines to be appropriate for random
inspections.
{ - (15) - } { + (13) + } 'License' means an annual permit
issued by the
{ - department - } { + board + } under ORS 479.630
authorizing the person whose name appears as licensee thereon to
act as an electrical contractor, supervising electrician,
journeyman electrician, apprentice electrician or limited
elevator journeyman as indicated thereon.
{ - (16) - } { + (14) + } 'Minimum safety standards' means
safety standards prescribed by the { - department - } { +
board + } under ORS 479.730.
{ - (17) - } { + (15) + } 'Multifamily dwelling' means a
building containing more than one dwelling unit.
{ - (18) - } { + (16) + } 'Oil module' means a
prefabricated structure manufactured to the specifications of the
purchaser and used outside this state in the exploration for or
processing or extraction of petroleum products.
{ - (19) - } { + (17) + } 'Permit' means an official
document or card issued by the enforcing agency to authorize
performance of a specified electrical installation.
{ - (20) - } { + (18) + } 'Single family dwelling' means a
building consisting solely of one dwelling unit.
{ - (21) - } { + (19) + } 'Uncertified product' means any
electrical product that is not an electrical product certified
under ORS 479.760.
SECTION 120. ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection,
no person is 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,
transmission or distribution of electricity on property
{ - which - } { + that + } 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 - } { + if + }
the owner, operating 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 - } { +
board + } within five days after the commencement of such
electrical work.
(8) { - 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 - } { + if + } the work performed is not an
electrical installation as defined in ORS 479.530.
(9) 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) 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 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) 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 - } { + board + }, 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) 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) 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) { - 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.
(15) { - No - } { + A + } permit is { + not + } required
for those minor electrical installations for which the board has
authorized an installation label.
(16) 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) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television
installations.
(18) 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) As used in this section, 'smoke alarm' { - shall
have - } { + has + } the meaning given that term under ORS
479.250.
SECTION 121. ORS 479.560 is amended to read:
479.560. (1) The { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } or a
designated agent shall issue a permit to:
(a) Any applicant who has complied with ORS 479.510 to 479.945
and the rules issued thereunder, covering an electrical
installation to be made on the applicant's own property as
allowed under ORS 479.540 (1).
(b) A licensed electrical contractor or an agent the contractor
has designated to the { - department - } { + board + } or the
{ - department's - } { + board's + } designated agent in a
record signed by the electrical contractor. The
{ - department - } { + board + } or { - department's - }
{ + the board's + } designated agent shall only issue a permit
under this subsection if the application for the permit is
accompanied by a signed statement that the electrical
contractor's general supervising electrician of record will sign
the permit before an inspection of the electrical work is
requested. A contractor or the contractor's general supervisor
will promptly request an inspection of electrical work performed
under a permit issued under this subsection. A permit issued
under this subsection shall state the name of the electrical
contractor.
(2) A permit issued to an electrical contractor upon the
request of the contractor's supervising electrician is void upon
the end of the employment of such supervising electrician before
completion of the electrical installation.
(3) Except for the installation or alteration of an electrical
service, the owner, operating manager or electrical contractor of
an industrial plant who meets the provisions of ORS 479.630 (1)
and (2), 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, in lieu of the required
inspection permit, may apply to the { - department - } { +
board + } or { + a + } municipality providing inspection service
for a master electrical inspection permit. Under the permit the
authority having jurisdiction shall cause a periodic inspection
to be made of the electrical installations. The authority may
also cause a cover inspection, { - which shall - } { + that
must + } be made before electrical installations are covered. The
periodic inspection under the permit shall be done at least once
a year or more frequently based on the needs of the particular
plant, building or facility. The
{ - department - } { + board + } shall adopt rules { - in
accordance with ORS 183.310 to 183.550 - } for:
(a) The annual issuance of the master electrical inspection
permit;
(b) The conduct of the inspections on the electrical
installations and electrical products;
(c) The granting of a waiver of payment of permit fees other
than for the master electrical inspection permit; and
(d) The fixing and collecting of inspection fees at the cost of
making the inspection according to the time required of the
inspector.
SECTION 122. ORS 479.630 is amended to read:
479.630. Upon payment of applicable examination and license
fees { - required under ORS 479.840, the Department of Consumer
and Business Services - } { + established by the Electrical and
Elevator Board, the board + } shall issue:
(1) An electrical contractor's license to a person engaging in
or carrying on a business of making electrical installations who
has complied with ORS 479.510 to 479.945 and the rules issued
thereunder.
(2) A general supervising electrician's license to a person
who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } ; and
(c) Submits proof satisfactory to the { - Electrical and
Elevator - } board that the person has had at least four years
of experience as a general journeyman electrician or its
equivalent, as determined by the board by rule, in installing,
maintaining and repairing electrical wires and equipment.
(3) A limited supervising electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to supervise the class of electrical
work included in the branch of the electrical trade and for which
the person has passed the examination administered by the
{ - department - } { + board + }. A person qualifies under
this subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared { + and administered
+ }by the { - Electrical and Elevator - } board { - and
administered by the department - } ; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience in a recognized
branch of the electrical trade on the journeyman level.
(4) A general journeyman electrician's license to a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared { + and
administered + } by the Electrical and Elevator Board and
administered by the department; and
(c) Submits proof satisfactory to the board that:
(A) The person has had at least four years of general
experience as an apprentice { + , + } or { - its - }
equivalent { - , - } { + experience + } as determined by the
board by rule, in installing, maintaining and repairing
electrical wires and equipment, including not fewer than 1,000
hours in wiring on single or multifamily dwelling units; or
(B) If the person is licensed as a limited residential
electrician under subsection (14) of this section, subsequent to
receiving that license, the person has worked for at least two
years as a limited residential electrician and subsequent to
those two years has completed an additional two years' experience
as an apprentice { + , + } or { - its - } equivalent
{ - , - } { + experience + } as determined by the board by
rule, for that period of apprenticeship time worked exclusively
in installing, maintaining and repairing electrical wires and
equipment in the commercial and industrial branches of the
electrical trade under the supervision of a licensed electrical
contractor.
(5) A limited journeyman electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the
{ - department - } { + board + }. A person qualifies under this
subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } ; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience as an
apprentice { + , + } or { - its - } equivalent { - , - }
{ + experience + } as determined by the board by rule, in a
recognized branch of the electrical trade.
(6) A limited elevator journeyman license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair
elevators, including all electrical and mechanical systems. A
person qualifies under this subsection if the person has
completed an elevator apprenticeship program, including both
electrical and mechanical training components, approved by the
{ - Electrical and Elevator - } board by rule and the person
submits an application for licensure to the board in writing. A
license issued under this subsection is exempt from continuing
education requirements established under ORS 479.650 and 479.680.
(7) An electrical apprentice's license to a person who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the
electrical trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman
electrician's license or a limited journeyman electrician's
license; and
(b) Conducts an electrical training program in such a
recognized branch of the electrical trade approved by the
{ - Electrical and Elevator - } board as being a training
program
{ - which - } { + that + } will adequately prepare the
trainee for such limited journeyman's license providing that such
trainee has complied with ORS 479.510 to 479.860 and the rules
issued thereunder.
(10) A limited maintenance electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to maintain, repair and replace
electrical installations, including electrical components,
required on the premises of industrial plants, commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the { - Electrical and
Elevator - } board. The following apply to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } on repair,
replacement and maintenance of equipment of the type and nature
normally used in an industrial plant, commercial office building
or government building and on the use of testing equipment; and
(C)(i) Completes a two-year training program approved by the
board that provides for training and supervision of the trainee
or apprentice; or
(ii) Submits proof satisfactory to the board that the person
has had sufficient experience and related educational training in
the repair, replacement and maintenance of electrical wiring and
equipment of the type and nature used in an industrial plant,
commercial office building or government building, as determined
by the board or by an appropriate local apprenticeship committee
recognized by the State Apprenticeship and Training Council.
(b) { - No worker or applicant for license under this
subsection shall be deemed in violation of this chapter by reason
of electrical maintenance, replacement and repair work performed
during the period of required experience whenever required prior
to August 9, 1961. - } An annual inspection of the premises upon
which electrical work is performed by persons licensed under this
subsection shall be made by the electrical inspector for an
annual fee determined by the board by rule, based upon the time
required for the inspection, payable to the { - department - }
{ + board + }.
(c) A person licensed under this subsection may be employed
directly by the owner, or owner's agent, of any government
building or commercial office building. A building owner or
owner's agent need not be licensed under this section to
supervise a limited maintenance electrician.
(d) The { - Department of Consumer and Business Services, in
consultation with the appropriate - } { + Electrical and
Elevator + } Board, shall adopt rules defining government
buildings and commercial office buildings subject to this
subsection.
(11) A limited building maintenance electrician's license to a
person who qualifies under this subsection. The following apply
to this subsection:
(a) A person licensed under this subsection is authorized to
maintain, repair and replace the following electrical
installations required on the premises of commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board in electrical
systems not exceeding 300 volts to ground:
(A) Electrical appliances;
(B) Light switches;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } on maintenance,
repair and replacement of equipment of the type and nature
normally used in a commercial office building or government
building and on the use of testing equipment; and
(C) Submits proof satisfactory to the board that the person
has:
(i) Had sufficient experience in the maintenance, repair and
replacement of electrical wiring and equipment of the type and
nature normally used in a commercial office building or
government building; or
(ii) Completed a one-year training course, with classroom and
on-the-job training components approved by the board, on the
maintenance, repair and replacement of electrical wiring and
equipment of the type and nature normally used in a commercial
office building or government building.
(c) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the { - department - } { + board + },
or the inspection shall be performed under an electrical master
permit program.
(d) Building owners may perform work regulated by this
subsection and for which a license is required under this
subsection without obtaining a license.
(e) A person who owns more than 50 percent of a corporation
that controls a building is a building owner.
(f) A person licensed under this subsection may be employed by
the owner of a commercial office building or the owner's agent.
A building owner or owner's agent need not be licensed under this
section to supervise a limited building maintenance electrician.
(12) A limited maintenance specialty contractor license to a
person who qualifies under this subsection. A person licensed
under this subsection is authorized to engage in the electrical
work related to the repair, service, maintenance, installation or
replacement of existing, built-in or permanently connected
appliances, fluorescent ballasts or similar equipment and to
employ individuals to engage in such work. Nothing in this
subsection allows the installation of appliances, ballasts or
other equipment if there is no existing installation of similar
equipment. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(13) A limited pump installation specialty contractor license
to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in
electrical work related to the testing, repair, service,
maintenance, installation or replacement of new or existing pump
equipment for potable or irrigation water systems, sump pumps,
effluent pumps and ground water pumps on residential and
agricultural property, to employ individuals to engage in such
work. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(14) A limited residential electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered { - by the
department - } and approved by the board. However, a person
licensed under this subsection shall perform the electrical work
allowed by the license only on single and multifamily dwelling
units not exceeding three floors above grade. For purposes of
this subsection, the first floor of a building shall be
{ - that - } { + the + } floor { - which - } { + that + }
is designed for human habitation and { - which - } has 50
percent or more of its perimeter level with or above finished
grade of the exterior wall line. A person qualifies under this
subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and rules issued
under those sections;
(b) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and who has received training in electrical theory;
(c) Submits documented proof to the board of at least two years
of apprenticeship or trainee experience in residential wiring of
single and multifamily dwelling units { + , + } or { - its - }
equivalent { - , - } { + experience + } as determined by the
board by rule; and
(d) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } .
(15) A Class I or Class II oil module electrician's license to
a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
adopted pursuant thereto; and
(b) Passes a written examination prepared { + and
administered + } by the { - Electrical and Elevator - } board
{ - and administered by the department - } .
{ - (16) Notwithstanding any other provision of this chapter,
the board shall not administer an examination nor shall the
department issue any license to a person whose practical
experience qualification for the license is based upon training
or experience in another state if the board determines that such
training or experience is not equivalent to the standards for
electrical training programs prescribed in this state. - }
SECTION 123. ORS 479.635 is amended to read:
479.635. (1) The Electrical and Elevator Board shall prepare
examinations for purposes of ORS 479.630 that meet the following
requirements:
(a) The examinations shall be prepared by persons expert in
examination preparation and validation.
(b) The examinations shall be standardized. In standardizing
examinations under this paragraph, the board may adopt
standardized examinations prepared by nationally recognized
testing bodies.
(2) The board { - and the Department of Consumer and Business
Services - } shall allow any person who takes an examination
under ORS 479.630 to review the examination of that person and to
review any grade sheets used in connection with the examination.
{ + (3) Notwithstanding any other provision of this chapter,
the board may not administer an examination or issue any license
to a person whose practical experience qualification for the
license is based upon training or experience in another state if
the board determines that the training or experience is not
equivalent to the standards for electrical training programs
prescribed in this state. + }
SECTION 124. ORS 479.650 is amended to read:
479.650. (1) The holder of a license is entitled to renewal of
the license upon its expiration if the person:
(a) Pays the fee { - required by ORS 479.840 - } { + for
renewal + };
(b) Complies with ORS 479.510 to 479.945 and the rules issued
thereunder; and
(c) Complies with any requirement for continuing education
established by the Electrical and Elevator Board by rule.
(2) The { - Department of Consumer and Business Services - }
{ + board + } shall issue a renewal notice by regular mail, no
later than August 15, to each person whose license expires on
October 1 of that year.
(3) After October 1, but not later than October 15, the
{ - department - } { + board + } shall issue a second notice
of renewal by registered or certified mail to each person whose
license expired on October 1 of that year and has not been
renewed.
(4) On or about December 1, the { - department - } { +
board + } shall issue a third notice of renewal by regular mail
to each person whose license expired on October 1 of that year
and has not been renewed.
(5) The renewal notices required by subsections (2) to (4) of
this section shall advise the licensee of the provisions of
subsections (6) and (7) of this section.
(6) A person who renews an electrical license after October 1
and on or before December 31 of the year in which the license
expires shall pay twice the amount of the regular license fee
{ - required by ORS 479.840 - } .
(7) If a person fails to renew a license by December 31 of the
year in which the license expires or otherwise fails to qualify
for renewal of a license under this section, the person may only
receive a license if the person makes application for, qualifies
for and is issued a license in the same manner as a person who
has not been previously licensed.
SECTION 125. ORS 479.660 is amended to read:
479.660. The Electrical and Elevator Board shall revoke the
license of any licensee who does not meet the minimum
qualifications prescribed by ORS 479.510 to 479.945 for that
license. Subject to ORS 183.430, the board may summarily suspend
or cancel any license issued under ORS 479.510 to 479.945 if the
person in whose name it was issued:
(1) Deliberately falsifies the application for the license.
(2) Allows the person to be held out falsely as the person
directing, supervising or making an electrical installation.
(3) Establishes a pattern of conduct that willfully or
negligently violates any provision of ORS 479.510 to 479.945 or
any rule issued thereunder.
(4) Serves as a supervising electrician for more than one
employer.
(5) Persistently fails promptly to notify the { - Department
of Consumer and Business Services - } { + board + } of the
location of installations for which permits were issued on the
person's representation that such notice would be promptly given
upon completion of the installations.
(6) As an electrical contractor, employs or causes to be
employed under the person's license, any person to make
electrical installations for which the person does not have such
licenses for the installations as are required by ORS 479.510 to
479.945.
(7) As an electrical contractor, fails to obtain permits or
arrange for inspections required by ORS 479.510 to 479.945.
SECTION 126. 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 - } { + the board + } 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 127. ORS 479.740 is amended to read:
479.740. (1) In adopting rules under ORS 479.730 the
{ - Department of Consumer and Business Services - } { +
Electrical and Elevator Board + } shall consider:
(a) Technological advances in the electrical industry.
(b) The practicability of following the standards under
consideration, if adopted.
(c) The probability, extent and gravity of the injury to the
public or property { - which - } { + that + } would result
from failure to follow the standards under consideration.
(d) Safety standards followed, proposed or approved by
responsible members of the electrical industry.
(2) After considering the factors in subsection (1) of this
section, the { - department - } { + board + } may incorporate
by reference proposed safety standards of the electrical industry
or independent organizations. The { - department - } { +
board + } may formulate and adopt independent safety standards if
standards proposed by the industry and independent organizations
are not acceptable to it.
SECTION 128. ORS 479.760 is amended to read:
479.760. (1) { - No - } { + An + } electrical product
{ - shall - } { + may not + } be certified unless { - it - }
{ + the product + } meets minimum safety standards.
(2) Any person may apply to have the { - Department of
Consumer and Business Services - } { + Electrical and Elevator
Board + } certify an electrical product. The { - department - }
{ + board + } shall certify an electrical product if
{ - it - } { + the product + } is shown to meet minimum safety
standards by one of the following methods:
(a) To have an electrical product certified, a person may
submit a specimen, sample or prototype to the
{ - department - } { + board + } within a reasonable time
before the date on which certification will be required, together
with a fee set by the { - department - } { + board + }
sufficient to defray the cost of shipment and evaluation. The
{ - department - } { + board + } shall evaluate the electrical
product to determine whether { - it - } { + the product + }
meets minimum safety standards. Not later than six months after
receipt of a specimen, prototype or sample the
{ - department - } { + board + } shall complete the required
evaluation and give a decision certifying or rejecting the
product. The { - department - } { + board + } may appoint a
special deputy or enter into an appropriate contract with a
testing laboratory approved by the { - Electrical and
Elevator - } board under this section for the evaluation
required under this paragraph.
(b) To have an electrical product certified, a person may
submit satisfactory proof to the { - department - } { +
board + } that a specimen, sample or prototype of the product
requested to be certified has been inspected by a testing
laboratory approved by the { - Electrical and Elevator - }
board under this section and the tests of the laboratory show
that the electrical product is safe within minimum safety
standards.
(3) A city or county that administers and enforces the
electrical specialty code under ORS 455.150 shall provide for
field inspections of industrial electrical equipment identified
by rule by the { - Director of the Department of Consumer and
Business Services - } { + board + }. Inspections shall be
performed by an electrical specialty code inspector certified by
the { - director - } { + board + }, an evaluation firm
approved by the { - director - } { + board + } or an
electrical specialty code inspector under contract to the state,
city or county. Subject to ORS 479.845, a city or county that
administers a program for field inspections under this subsection
may recover the costs associated with the inspection and any
inspection report.
(4) The { - director - } { + board + } shall consider the
following as positive indicators of a product's safety:
(a) Components listed by the Canadian Standards Association.
(b) Electrical raceways not used for grounding purposes when
not subject to physical damage.
(c) Pilot duty devices such as push buttons, limit switches,
relays or cord connectors that are used on control circuits
supplied by:
(A) A Class 2 circuit;
(B) An isolating source such that the maximum open circuit
voltage potential available to the circuit is not more than 30
volts AC or 42.5 volts DC; or
(C) An isolating source such that the power available to the
circuit does not exceed 15 watts.
(d) Unlisted conductors provided the owner, lessee, vendor,
manufacturer, installer or approved evaluation firm submits a
satisfactory high voltage potential test of the conductor
insulation.
(e) Fuses and fuse holders manufactured according to the
National Electrical Manufacturers Association standard design and
listed by an approved electrical testing laboratory.
(5) The { - Director of the Department of Consumer and
Business Services with the approval of the - } board shall
establish standards and procedures for the approval of testing
laboratories to test electrical products in the certification
process under this section. Those procedures shall provide for
the approval of any testing laboratory that meets those standards
established for conducting scientific safety tests of electrical
products and equipment.
SECTION 129. ORS 479.770 is amended to read:
479.770. { - No - } { + A + } person { - shall - } { +
may not + } sell or offer for sale in this state any new
gas-fired, forced-air central space heating equipment, clothes
dryer, domestic range or new gas-fired swimming pool heaters,
unless such equipment, heater, dryer or range is equipped with an
electric ignition pilot that complies with the rules of the
{ - Department of Consumer and Business Services - } { +
Electrical and Elevator Board + } adopted pursuant to ORS
479.740.
SECTION 130. 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) - } { + (1) + } The { - director - } { +
Electrical and Elevator Board + } 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) - } { + (2) + } 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) - } { + (1) + } of this section.
{ - (5) - } { + (3) + } Rules adopted under this section
shall provide for the recognition of equivalent experience
acquired by a person outside the State of Oregon.
{ - (6) - } { + (4) + } An examination taken for purposes
of applying for certification as an electrical inspector under
this section { - shall not be - } { + is not + } valid for
use in an application to become licensed as a supervising
electrician.
SECTION 131. ORS 479.820 is amended to read:
479.820. (1) The { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } shall:
(a) Check the authenticity, appropriateness and expiration
dates of licenses issued under ORS 479.510 to 479.945.
(b) Inspect electrical installations and products for which a
permit or license is required by ORS 479.510 to 479.945.
(c) Inspect permits attached to electrical installations or
products for which a permit is required by ORS 479.510 to
479.945.
(2) If the { - department - } { + board + } finds that the
electrical installation or product fails to comply with minimum
safety standards, { - it - } { + the board + } may disconnect
or order the disconnection of service thereto.
(3) If the { - department - } { + board + } finds that the
condition of an electrical installation or product constitutes an
immediate hazard to life or property, { - it - } { + the
board + } may cut or disconnect any wire necessary to remove such
hazard.
(4) Upon written request of appropriate municipal personnel,
the { - department - } { + board + } may make inspections of
electrical installations and products within cities and counties.
Such inspections shall be made at cost, in accordance with local
municipal ordinances, payable on a monthly basis.
(5) For the purpose of discharging any duty imposed by ORS
479.510 to 479.945 or exercising authority conferred hereby the
{ - department - } { + board + } may enter, during reasonable
hours, any building, enclosure, or upon any premises where
electrical work is in progress, where an electrical installation
has been made or where electrical equipment or products may be
located.
(6) { - No - } { + A + } person { - shall - } { + may
not + } obstruct or interfere with the { - department - } { +
board + } in performance of any of its duties or the exercise of
any authority conferred under this section.
SECTION 132. ORS 479.830 is amended to read:
479.830. (1) { - When - } { + If + } it appears to the
{ - Department of Consumer and Business Services - } { +
Electrical and Elevator Board + } that any person is engaged or
about to engage in an act or practice
{ - which - } { + that + } constitutes a violation of ORS
479.510 to 479.945 or the rules issued thereunder, the
{ - department - } { + board + } may, without bond, obtain an
order from an appropriate circuit court enjoining such act or
practice.
(2) The { - Electrical and Elevator - } board may impose a
civil penalty against any person who violates any provision of
ORS 479.510 to 479.945 or any rule adopted thereunder. A civil
penalty imposed under this section shall be in an amount
determined by the board of not more than $5,000 for each offense.
The maximum penalty under this section may be imposed only upon a
finding of a pattern of violations { + , as defined by board
rule + }. { - The department shall adopt by rule a definition
of what constitutes a pattern of violations. - } { + Except as
the Electrical and Elevator Board may otherwise provide pursuant
to ORS 182.462 (5), + } moneys received from any civil penalty
under this section shall be { - disposed of according to ORS
479.850. Civil penalties under this section shall be imposed as
provided in ORS 183.090 - } { + deposited to the account
established by the board pursuant to ORS 182.470 + }.
(3) Notwithstanding ORS 183.090, a person upon whom the board
imposes a civil penalty under this section, in lieu of other
appeals, may appeal imposition of the penalty to the circuit
court for the county in which the person resides by filing a
petition for review with that court within 20 days after the
person receives notice of imposition of the penalty. The court,
upon receipt of the petition, shall set the matter for trial upon
10 days' notice to the board and to the appellant. The trial in
the circuit court shall be de novo. The court shall award
reasonable attorney fees and costs to the prevailing party in an
appeal under this subsection.
SECTION 133. ORS 479.840 is amended to read:
479.840. { - Upon receipt of the following fee, the
Department of Consumer and Business Services shall issue or renew
a license or permit applied for under ORS 479.510 to 479.945: - }
{ - (1) $125 for an electrical contractor license for each
place of business operated by the applicant. - }
{ - (2) $125 for a limited energy contractor or limited sign
contractor license. - }
{ - (3) $25 for a pump specialty contractor or limited
maintenance specialty contractor license. - }
{ - (4) $150 for an elevator contractor license. - }
{ - (5) $100 for a license for a: - }
{ - (a) General journeyman electrician; - }
{ - (b) General supervising electrician; - }
{ - (c) Limited supervising industrial electrician; - }
{ - (d) Limited supervising manufacturing plant
electrician; - }
{ - (e) Limited journeyman industrial electrician; - }
{ - (f) Limited maintenance industrial electrician; - }
{ - (g) Limited maintenance manufactured dwelling or
recreational vehicle electrician; - }
{ - (h) Limited journeyman manufacturing plant electrician;
or - }
{ - (i) Limited journeyman railroad electrician. - }
{ - (6) $50 for a license for a: - }
{ - (a) Limited elevator journeyman; - }
{ - (b) Limited journeyman limited energy electrician; - }
{ - (c) Limited journeyman sign electrician; - }
{ - (d) Limited journeyman sign service electrician; - }
{ - (e) Limited journeyman stage electrician; and - }
{ - (f) Limited building maintenance electrician. - }
{ - (7) The Electrical and Elevator Board shall set uniform
permit fees, by rule, not to exceed the cost of
administration. - }
{ - (8) $10 for the right to take the written qualifying
examination. - }
{ - (9) The fees provided for in this section shall not apply
to persons paying inspection fees under the terms of ORS 479.560
(3) or 479.630 (10). - }
{ - (10) - } Each electrical contractor may furnish to the
{ - department - } { + Electrical and Elevator Board + } a
corporate surety bond to be approved by the { - department - }
{ + board + }, an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or a cash bond
under procedures approved by the { - department - } { +
board + }, in the sum of $2,000 guaranteeing the payment of all
fees provided for { - under ORS 479.510 to 479.945 - } { + by
the board + }. Before commencing any electrical job an electrical
contractor who has a current bond or letter of credit under this
subsection may apply to the { - department - } { + board + }
for a working permit { - which - } { + that + } shall cost an
amount established by the { - department - } { + board + } by
rule. The working permit shall authorize the electrical
contractor to commence work. The total of all fees due for
permits for each job, and the time such fees are payable, shall
be determined by the
{ - department - } { + board + } by administrative rule under
ORS 479.730. The contractor shall keep the bond or letter of
credit in force at all times. Any cancellation or revocation of
the bond or letter of credit shall revoke and suspend the license
issued to the principal until such time as a new bond or letter
of credit shall be filed and approved. The { - department - }
{ + board + } may bring an action against the surety named in
the bond or the letter of credit issuer with or without joining
in such action the principal named in the bond or letter of
credit.
SECTION 134. ORS 479.845 is amended to read:
479.845. (1) A city or county administering and enforcing the
electrical specialty code under provisions of ORS 455.150
{ - shall - } { + may + } not enact or enforce any ordinance
or rule fixing any permit fee for electrical installations that
is higher than is necessary to pay for the costs of the city or
county in administering and enforcing the electrical specialty
code.
(2) Any persons, within 30 days of city or county adoption of a
fee increase, may appeal that increase to the { - Director of
the Department of Consumer and Business Services - } { +
Electrical and Elevator Board + }. Within 60 days of the receipt
of the appeal, the
{ - director - } { + board + } shall, after notice to
affected parties and hearing, review the city or county costs of
administering and enforcing the electrical specialty code and
approve the increase if the { - director feels it - } { +
board finds that the increase + } is reasonable and necessary. If
the { - director - } { + board + } does not approve the
increase upon appeal, the fee increase { - shall not be - }
{ + is not + } effective.
(3) Fees collected by a city or county for the enforcement or
administration of the electrical specialty code and rules under
ORS 479.730 (1) shall be used only for the enforcement and
administration of those laws.
SECTION 135. 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 - } { + Electrical and Elevator
Board + }. 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 - } { + without + } 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 - } { + board + } 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 - } { + board + } determines
that an immediate fire or life safety hazard exists and the
product or installation may not be operated during appeal, the
{ - department - } { + board + } shall provide the person with
a written report detailing the problems found by the
{ - department - } { + board + }. If a determination is made
under this subsection that products described in ORS 479.540 (11)
may not be operated during appeal, that determination may be
appealed immediately under the procedure established in
subsection (2) of this section without first completing any
appeal procedure established by a city or county.
SECTION 136. ORS 479.854 is amended to read:
479.854. (1) A municipality may enact and enforce an ordinance
requiring a municipal general supervising electrician's license
upon the approval of the Electrical and Elevator Board
{ - and the Director of the Department of Consumer and Business
Services - } .
(2) The { - Electrical and Elevator - } board { - and
director - } may approve an ordinance under subsection (1) of
this section only if electrical installations within the
municipality's jurisdiction are of a unique character beyond the
education or experience of a general supervising electrician
licensed under ORS 479.630 (2), and the ordinance applies only to
such installations.
(3) The { - director, after obtaining the opinion of the - }
board, shall revoke approval of an ordinance upon a finding that
in issuing { - its - } { + a + } general supervising
electrician's license, a municipality has engaged in a pattern or
practice of discrimination against electricians from outside the
municipality.
SECTION 137. ORS 479.855 is amended to read:
479.855. (1) In addition to the provisions of ORS 455.010 to
455.310 and 455.410 to 455.740, any inspection and enforcement
program established by a city or county under ORS 455.150 is
subject to the provisions of this section. { - Where - } { +
If + } the provisions of this section conflict with provisions
under ORS 455.010 to 455.310 and 455.410 to 455.740, the
provisions of this section { - shall - } control.
(2)(a) Except as otherwise provided in this section, any city
or county that wishes to establish a program under ORS 456.800 to
enforce and administer ORS 479.510 to 479.945, including a
program for inspection under a master permit pursuant to ORS
479.560 (3), must first make application to the { - Department
of Consumer and Business Services - } { + Electrical and
Elevator Board + }. The program for inspection under a master
permit shall be delegated separately from the general electrical
program authorization. The
{ - department - } { + board + } may authorize the city or
county to administer and enforce the provisions of this section
and ORS 479.540 and 479.560 if { - it - } { + the board + }
finds that the city or county can comply with the minimum
standards and meet the qualifications for inspections, permit
applications and other matters to { - assure - } { +
ensure + } adequate administration and enforcement of electrical
inspection programs. The { - department - } { + board + } may
authorize the city or county to administer and enforce ORS
479.510 to 479.945 if the
{ - department - } { + board + } finds that the city or
county:
(A) Can comply with minimum standards adopted by the
{ - Electrical and Elevator - } board by rule for inspections,
permit applications and other matters to { - assure - } { +
ensure + } adequate administration and enforcement of ORS 479.510
to 479.945.
(B) Can conduct the electrical plan review, if required by the
city or county, in a timely manner and by qualified personnel who
meet the standards adopted by rule by the board.
(b) The city or county must assume full responsibility allowed
under ORS 455.010 to 455.310 and 455.410 to 455.740 for the
enforcement, inspection and administration of the electrical
safety laws under that specialty code and ORS 479.510 to 479.945.
This subsection does not require a city or county to assume full
responsibility for enforcement, inspection and administration of
the electrical safety laws if the only enforcement performed by
the city or county involves manufactured dwelling electrical
utility connections.
(3) The { - department, subject to ORS 183.310 to
183.550, - } { + board + } shall revoke any authority of a city
or county to carry on inspections, enforcement or administration
of electrical installations and electrical products under ORS
455.150 if the
{ - department - } { + board + } determines that the city or
county fails to comply with standards adopted by the board or
otherwise is not effectively carrying out duties assumed by the
city or county under this section.
(4)(a) Except as provided in paragraph (b) of this subsection,
a city or county { - shall - } { + may + } not contract with
competing electrical contractors to provide permit inspection of
electrical installations.
(b) A city or county may contract with competing electrical
contractors to provide permit inspection of electrical
installations on a temporary basis by a supervising electrician
if:
(A) Emergency circumstances exist; and
(B) The city or county has requested that the
{ - department - } { + board + } perform permit inspections
and the { - department - } { + board + } is unable to respond
in a timely manner.
(c) { - Nothing in - } This subsection { - prohibits - }
{ + does not prohibit + } a city or county from contracting
with another city or county to perform permit inspections of
electrical installations by a supervising electrician.
(5) A city or county that performs electrical installation
inspections shall perform license enforcement inspections as a
part of routine installation inspections.
SECTION 138. ORS 479.910 is amended to read:
479.910. (1) Upon payment of an examination and license or
renewal fee, the { - Department of Consumer and Business
Services - } { + Electrical and Elevator Board + } shall issue
a restricted energy electrician's license to a person who
qualifies under ORS 479.915. A person licensed under ORS 479.915
may perform restricted energy electrical activity in the area for
which the licensee has obtained an indorsement as provided in ORS
479.920.
(2) A person licensed under ORS 479.915 shall comply with the
permit and code compliance requirements under ORS 479.510 to
479.945.
(3) The examination and license fee, and the renewal fee, for a
restricted energy electrician's license are the same as those
{ - set forth in ORS 479.840 (6)(b) - } { + established by
the board + } for a limited energy electrician's license.
(4) The continuing education requirement { - shall - } { +
may + } not exceed eight hours of classes every three years on
changes to the electrical code.
SECTION 139. ORS 479.915 is amended to read:
479.915. (1) An applicant shall:
(a) Submit proof satisfactory to the Electrical and Elevator
Board that the person has completed at least two years of
experience as an apprentice or the equivalent in restricted
energy electrical activity; and
(b) Pass a written examination approved { + and
administered + } by the board { - and administered by the
Department of Consumer and Business Services - } .
(2) Notwithstanding the provisions of subsection (1) of this
section, a special restricted energy electrician's license with
an indorsement for special installation shall be issued for a
particular activity or series of identified activities if a
person demonstrates to the satisfaction of the board that such
issuance is necessary because of:
(a) The extremely specialized nature of the activity;
(b) The specialized training of the person regarding the
product and its activity; and
(c) The unavailability of a person licensed under ORS 479.910
to work on the product.
(3) The board shall determine the adequacy of any training
program for qualification under the requirements of ORS 479.910,
479.930 and this section.
SECTION 140. ORS 479.945 is amended to read:
479.945. A restricted energy contractor's license is created
for persons engaged in HVAC and such other categories as
established by the Electrical and Elevator Board by rule:
(1) A person licensed as a restricted energy contractor under
this section and the person's employees may install, alter,
maintain, replace or repair electrical wiring and electrical
products that are within the scope of the contractor's license
issued under this section. A person covered by this subsection
does not have to obtain a license under ORS 479.910.
(2) The license issued under this section shall limit the scope
of activities that the licensee and licensee's employees may
engage in and in no instance shall the scope of the license
exceed that of a restricted energy electrical licensee.
(3) An applicant for licensing under this section shall provide
proof satisfactory to the board that the person has experience of
the type of work covered by the license indorsement and shall pay
the fees { - required by ORS 479.840 (2) - } { + established
by the board + } for a limited energy contractor.
(4) A restricted energy contractor licensee under this section
shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this
section;
(b) Issue an identification card to each employee working under
the provisions of this section and identify the contractor, date
of issue, contractor's identification number with the board and
the Construction Contractors Board; and
(c) Maintain with the board a current form of identification
card used by the contractor.
(5) A person holding a limited maintenance specialty
contractor's license under ORS 479.630 (12) who also registers
under this section shall comply with the identification card
requirements of subsection (4) of this section, but need not file
a separate list of employees unless the work under the
contractor's license is done by different employees.
(6) If any restricted energy contractor repeatedly violates the
requirements of this section, the board may, in addition to any
other remedies, suspend, revoke or condition the contractor's
license.
SECTION 141. { + ORS 479.850 is repealed. + }
{ +
BOARD OF BOILER RULES + }
SECTION 142. ORS 455.445 is amended to read:
455.445. (1) { - After considering the recommendations of the
Indoor Air Pollution Task Force, and as expeditiously as
possible, the Director of the Department of Consumer and Business
Services - } { + The Board of Boiler Rules + } shall adopt
ventilation standards for public areas and office workplaces that
are at least equivalent to
{ - the most recent, - } nationally recognized ventilation
standards generally accepted and in use throughout the United
States.
(2) The { - director - } { + board + } shall adopt building
codes and building product standards to protect the indoor air
quality of private residences but only as necessary to address
serious or unique indoor air quality problems in Oregon when
federal statutes, regulations and national codes fail to address
building product and building code related indoor air quality
problems.
{ - (3) As expeditiously as possible, the director shall
consider for adoption the ventilation standards recommended by
the Indoor Air Pollution Task Force. - }
SECTION 143. ORS 480.515 is amended to read:
480.515. As used in ORS 480.510 to 480.665, unless the context
requires otherwise:
(1) 'Board' means the Board of Boiler Rules created under ORS
480.535.
(2) 'Boiler' or 'boilers' means:
(a) A closed vessel or vessels intended for the heating or
vaporizing of liquids to be used externally to such vessel or
vessels by the application of heat from combustible fuels,
electricity or nuclear energy;
(b) Related appurtenances including but not limited to pressure
piping directly connected and related to the safe operation of a
boiler; and
(c) Pressure piping consisting of boiler or nonboiler external
piping connected to a boiler, but not potable water nonboiler
external piping.
(3) 'Boiler external piping' has the meaning given the term in
the 1986 Pressure Piping Code B 31.1, adopted by the American
Society of Mechanical Engineers.
(4) 'Certificate of competency' means a certificate issued
under the provisions of ORS 480.565 (3).
{ - (5) 'Department' means the Department of Consumer and
Business Services. - }
{ - (6) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (7) - } { + (5) + } 'Minimum safety standards' means
the rules, regulations, formulae, definitions and interpretations
for the safe construction, installation, operation and repair of
boilers and pressure vessels either adopted by ORS 480.510 to
480.665 or adopted by the board, under ORS 480.510 to 480.665.
{ - (8) - } { + (6) + } 'Nonboiler external piping' has the
meaning given the term in the 1986 Pressure Piping Code B 31.1,
adopted by the American Society of Mechanical Engineers.
{ - (9) - } { + (7) + } 'Permit' means a card issued by the
{ - department - } { + board + } authorizing the operation of
a vessel but the permit does not signify that the vessel has been
inspected or meets minimum safety standards until an actual
inspection has been made and no deviation from the minimum safety
standards exists.
{ - (10) - } { + (8) + } 'Pressure vessel' means containers
for the containment of pressure, either internal or external.
{ - This - } { + The + } pressure may be obtained from an
external source or by the application of heat from a direct or
indirect source, or any combination thereof.
{ - (11) - } { + (9) + } 'Related appurtenances' means any
equipment instrumental to the safe operation of a boiler or
pressure vessel.
{ - (12) - } { + (10) + } 'Shop inspection' means the
inspection and testing, to determine the meeting of minimum
safety standards, of boilers and pressure vessels being
manufactured, altered, repaired or installed or in the process of
manufacture, alteration, repair or installation in the shop or on
the job site.
SECTION 144. ORS 480.530 is amended to read:
480.530. The { - Department of Consumer and Business
Services - } { + Board of Boiler Rules + } may:
(1) { - Where - } { + If + } it appears that a person is
engaging in or is about to engage in an act or practice in
violation of any provision of ORS 480.510 to 480.665, obtain
without furnishing a bond, a restraining order and injunction
from the circuit court in the county where the act or practice is
occurring, or is threatened, enjoining the act or practice.
However, before obtaining a restraining order and injunction,
unless the act or practice constitutes an immediate threat to
health and safety, the
{ - department - } { + board + } shall first notify the
person concerned of
{ - its - } { + the board's + } intentions. The notice shall
be in writing { - and shall advise the person concerned of its
intentions and shall advise the person concerned of the right to
appeal in writing within 10 days and that the appeal will be
heard by the Board of Boiler Rules. In case there is a timely
request for an appeal, proceedings will be stayed pending the
appeal, unless the act or practice constitutes an immediate
menace to health or safety or the person concerned fails to
prosecute the appeal with diligence - } .
(2) Keep a complete record of the types, dimensions, maximum
allowable working pressures, age, location and date of the last
recorded inspection of all boilers and pressure vessels to which
ORS 480.510 to 480.665 apply.
(3) Publish and distribute copies of the rules and regulations.
(4) Check or caused to be checked the authenticity,
appropriateness and expiration dates of licenses and certificates
issued under ORS 480.510 to 480.665.
(5) Administer written, oral or practical examinations to all
applicants for certification as chief inspector, deputy inspector
or special inspector under ORS 480.565.
SECTION 145. ORS 480.535 is amended to read:
480.535. (1) The Board of Boiler Rules { - is established in
the Department of Consumer and Business Services - } { + shall
operate as a semi-independent state agency subject to ORS 182.456
to 182.472 for purposes of carrying out ORS 480.510 to 480.665
and for the administration and enforcement of the mechanical
specialty code + }. The Governor shall appoint the
board { + . + } { - , which - } { + The board + } shall
formulate and promulgate rules under ORS 480.510 to 480.665 for
the safe construction, installation, inspection, operation,
maintenance and repair of boilers and pressure vessels in this
state and review determinations made by { - its - } { +
board + } staff concerning boilers and pressure vessels.
(2) Eleven persons shall constitute the board, consisting of:
(a) One person who is an owner and user or who is a
representative and employee of an owner and user of a high
pressure boiler in Oregon and who has had practical experience
with high pressure boilers;
(b) One person who is a manufacturer or who is a representative
and employee of a manufacturer of boilers or of pressure vessels
in Oregon;
(c) One person who is regularly engaged in the inspection of
boilers and pressure vessels and who is employed by an insurer
who may and does write policies of boiler and pressure vessels
explosion insurance in Oregon;
(d) One person who is a mechanical engineer registered by the
State of Oregon;
(e) One person who is a boilermaker;
(f) One person who is the owner and user or who is a
representative and employee of an owner and user of a low
pressure boiler in Oregon;
(g) One person who is the owner and user or who is a
representative and employee of an owner and user of a pressure
vessel in Oregon and who has had practical experience with
pressure vessels;
(h) One person who is a manufacturer, owner or user or who is a
representative and employee of a manufacturer, owner or user of
nuclear vessels in Oregon;
(i) One person who is a steamfitter;
(j) One person who is a practical steam operating engineer; and
(k) One person who is a member of the public not otherwise
eligible for appointment to the board.
(3) The appointment of a member of the board is subject to
confirmation by the Senate pursuant to section 4, Article III of
the Oregon Constitution.
SECTION 146. ORS 480.540 is amended to read:
480.540. (1) The term of office of a member is four
years { + . + }
{ - and no - } { + A + } member { - shall be - } { + is
not + } eligible for appointment to more than two full terms of
office. A member shall continue to serve until a successor has
been appointed and qualified. Vacancies shall be filled by
appointment for the unexpired term.
(2) In addition to ORS 480.545 { - and 480.615 - } , the
Board of Boiler Rules shall be governed by the following rules:
(a) The board shall meet not less than four times a year.
(b) The chief inspector shall serve without a vote as secretary
of the board.
(c) The Governor may remove any member of the board for cause.
{ - (3) Each member of the board is entitled to compensation
and expenses as provided in ORS 292.495. - }
SECTION 147. ORS 480.545 is amended to read:
480.545. (1) { - Under ORS 183.310 to 183.550 - } The Board
of Boiler Rules may adopt and enforce rules and minimum safety
standards to carry out ORS 480.510 to 480.665 and adopt standards
for persons performing welding on boilers and pressure vessels.
(2) All proceedings in the administration of ORS 480.510 to
480.665 shall be conducted under ORS 183.310 to 183.550 { -
and, additionally, where applicable, under ORS 480.615 - } .
(3) In addition to the rules otherwise provided, { - and
subject to ORS 183.310 to 183.550, - } the board shall adopt
rules concerning the times, dates, frequency and manner of giving
notice to interested persons of intention to consider one or more
of the things { - which - } { + that + } the board may
consider under this section.
(4) All rules and minimum safety standards adopted under this
section shall be reasonable and in substantial conformity with
generally accepted nationwide engineering standards. In adopting
rules the board shall consider the probability, extent and
gravity of injuries to health and property { - which - } { +
that + } would result from the failure to adopt the standards
being considered and the standards followed, proposed or approved
by members of affected industries.
{ - (5) Any rule adopted by the board under ORS 480.510 to
480.665 shall be submitted to the Director of Department of
Consumer and Business Services. The director shall have 30
calendar days from the date of adoption of the rules to review
them. If the director fails to disapprove the rules within the
30-day period, the rules become effective in accordance with
their terms and as provided by law. If the director disapproves
the rules within the 30-day period, the rules immediately shall
be returned to the board with the director's written objections,
and the rules shall not become effective until approved by the
director. - }
SECTION 148. ORS 480.565 is amended to read:
480.565. The { - Director of Department of Consumer and
Business Services - } { + Board of Boiler Rules + } shall:
(1) Appoint a chief inspector who has had practical experience
in the construction, maintenance, repair or operation of high
pressure boilers and pressure vessels as a mechanical engineer,
practical steam operating engineer, boilermaker or boiler
inspector and who:
(a) Has passed a written examination { - which - } { +
that + } shall be confined to questions the answers to which will
aid in determining the fitness and competency of the applicant to
inspect boilers and pressure vessels; or
(b) { + (A) + } Holds a certificate of competency as an
inspector of boilers and pressure vessels { - which - } { +
that + } is issued by a state
{ - which - } { + that + } has standards of examination equal
to those of the State of Oregon and { - which - } { +
that + } recognizes certificates of competency issued by the
State of Oregon { + ; + } and
{ + (B) + }Has passed an examination that assesses the
applicant's knowledge of ORS 480.510 to 480.665 and the rules
adopted thereunder.
(2) Appoint deputy inspectors who shall be responsible to the
chief inspector and who shall have qualified as provided in
subsection (1) of this section, except that less practical
experience shall be required.
(3) Issue a certificate of competency as a special inspector to
any individual who shall have qualified as provided in subsection
(1) of this section, except that no more practical experience
shall be required than is required of a deputy inspector, and who
is continuously employed by:
(a) An insurer who may and does write policies of boiler and
pressure vessel insurance in Oregon; or
(b) Any person operating pressure vessels in this state whose
service, personnel, equipment and supervision meet the
requirements prescribed by the Board of Boiler Rules.
SECTION 149. ORS 480.570 is amended to read:
480.570. (1) A special inspector receiving a certificate of
competency under ORS 480.565 (3)(b) { - shall - } { + may + }
not inspect under ORS 480.510 to 480.665 any boiler; nor shall
the special inspector inspect under ORS 480.510 to 480.635 any
pressure vessel not used or not to be used by the employer of the
special inspector.
(2) { - When - } { + If + } the individual holds a
certificate of competency issued pursuant to ORS 480.565 (3)(a),
a special inspector is authorized to:
(a) Conduct shop inspections of boilers and pressure vessels
manufactured or to be installed in this state whether or not such
boilers or pressure vessels are insured or will be insured by the
employer of the special inspector; and
(b) Inspect all boilers and pressure vessels insured or to be
insured by the special inspector's employer or all pressure
vessels operated by the special inspector's employer.
(3) A special inspector's certificate of competency remains in
force only while the special inspector is continuously employed
by one of the persons mentioned in ORS 480.565 (3).
(4) { - When - } { + If + } a vessel is inspected by a
special inspector as provided in this section, the owner or user
of such boiler or pressure vessel is exempt from payment of the
permit fee during the inspection period, except as provided in
ORS 480.600 (2).
(5) The { - Department of Consumer and Business Services - }
{ + Board of Boiler Rules + } may cause a deputy inspector to
inspect or reinspect all boilers and pressure vessels
{ - which - } { + that + } could be inspected by a special
inspector. However, there shall be no internal inspection or
reinspection unless there is a question as to whether or not the
boiler or pressure vessel meets the minimum safety standards and
the special inspector who made the original inspection, or the
employer of the special inspector, is given reasonable notice of
the intention to make such inspection or reinspection so the
special inspector or the employer of the special inspector can be
present.
SECTION 150. ORS 480.585 is amended to read:
480.585. (1) Any person may apply to the { - Department of
Consumer and Business Services - } { + Board of Boiler
Rules + } for a permit for a boiler or pressure vessel:
(a) By filing reports showing details of the proposed
construction before construction is started; or
(b) By submitting satisfactory proof that the boiler or
pressure vessel has been constructed in accordance with minimum
safety standards and has been found to be safe.
Such permit shall bear the date of the inspection period and
specify the maximum pressure under which the boiler or pressure
vessel may be operated. Except as provided by regulation, permits
shall be posted in the room containing the vessel for which it is
issued.
(2) The { - department - } { + board + } may at any time
suspend or revoke a permit { - when - } { + if + }, in
{ - its - } { + the + } opinion { + of the board + }, the
boiler, pressure vessel or related appurtenances for which it was
issued is found not to comply with ORS 480.510 to 480.665.
Suspension of any permit continues in effect until the vessel
shall have been made to conform to ORS 480.510 to 480.665 and the
permit reissued. However, before suspending or revoking a
permit, the { - department - } { + board + } shall first
notify the person concerned of its intention. The notice shall
be in writing { - and shall advise the person concerned of the
right to appeal in writing within 10 days and that the appeal
will be heard by the Board of Boiler Rules. Provided, in case
there is a timely appeal, the permit will not be suspended or
revoked pending the appeal unless the reason for suspension or
revocation constitutes an immediate menace to health or safety or
the person concerned fails to prosecute an appeal with
diligence - } .
(3) Except as provided in ORS 480.510 to 480.665, { - no - }
{ + a + } person { - shall - } { + may not + } operate a
boiler or pressure vessel unless a valid permit for { - its - }
operation { + of the boiler or pressure vessel + }, issued under
this section, is attached thereto or posted in a conspicuous
place in the room where the boiler or pressure vessel is
located { + . + } { - ; nor shall any - } { + A + }
person { + may not + } permit or suffer the operation of the
boiler or pressure vessel on property
{ - which - } { + that + } the person owns, controls, manages
or supervises unless a valid permit for { - its - }
operation { + of the boiler or pressure vessel + }, issued under
this section, is attached thereto or posted in a conspicuous
place in the room where said boiler or pressure vessel is
located { + . + } { - ; nor shall - } The owner or lessee or
person having possession of a boiler or pressure vessel { + may
not + } permit or suffer { - its - } operation { + of the
boiler or pressure vessel + } unless a valid permit, issued under
this section, is attached thereto or posted in a conspicuous
place in the room where the boiler or pressure vessel is located.
The board may waive by rule the provisions of this section.
SECTION 151. ORS 480.595 is amended to read:
480.595. (1) Upon receipt of a permit fee due on a date
determined by the { - Department of Consumer and Business
Services - } { + Board of Boiler Rules + }, and on the same day
of each year thereafter in which an inspection is due pursuant to
ORS 480.560, the
{ - Department of Consumer and Business Services - } { +
board + } may issue or renew a permit before or after an
inspection has been made pursuant to ORS 480.510 to 480.665.
(2) Permit fees shall be prescribed by the Board of Boiler
Rules { - with approval of the Oregon Department of
Administrative Services, - } and may be prorated.
{ - (3) Maximum permit fees, including inspection fees, shall
be determined as follows: - }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
(aBoilers requiring internal inspection:
(A) No more than 50 square feet
of heating surface..$ 65
(B) 51 to 500 square feet of
heating surface.....$ 85
(C) 501 to 1000 square feet
of heating surface..$100
(D) More than 1000 square
feet of heating surf$110
(b) Boilers not requiring
internal inspection.$ 65
(c) Cast iron boilers...$ 65
(d) Pressure vessels: Maximum fees
based on area of vessel,
determined by the product of
the maximum length and the
maximum width or diameter:
(A) Maximum area of
50 square feet......$ 55
(B) For each additional 100
square feet of area in excess
of 50 square fee$.10.- }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - (4) A reinspection fee shall be charged at the maximum
rate of $60 per hour for travel and inspection time to defray the
cost of a reinspection when deviations from the minimum safety
standards are found during any inspection. - }
SECTION 152. ORS 480.600 is amended to read:
480.600. (1) The permit fee { - established under ORS 480.510
to 480.665, - } for a quantity of pressure vessels available for
inspection at the same location, shall be fixed by the Board of
Boiler Rules { - at cost, in accordance with the time required
to conduct the inspection and the inspector's mileage to the
place of inspection - } . { - However, in no case shall - }
The total payment { + may not + } be more than the total of the
individual pressure vessel fees fixed by { - ORS 480.510 to
480.665 - } { + the board + }.
(2) The owner or user of any vessel which is to be inspected
during the inspection period under the provisions of ORS 480.570
shall pay to the { - Department of Consumer and Business
Services - } { + Board of Boiler Rules + } a special permit fee
{ - of $25 - } { + established by the board + }, except that
the { - department - } { + board + } may require payment of a
permit fee as provided in ORS 480.595 where it finds the vessel
to be in violation of the minimum safety standards during the
inspection period. In addition, for a quantity of pressure
vessels inspected at the same location, the board may establish a
different special permit fee which recognizes the lower costs of
handling { + . + } { - , but in no such case shall - } The
total payment { + may not + } be more than the total of
individual pressure vessel fees fixed by
{ - ORS 480.510 to 480.665 - } { + the board + }.
(3) If there is a lengthened inspection interval under ORS
480.560 (2), the permit fee interval shall be lengthened
correspondingly.
(4) { - Whenever - } { + If + } an insurance company
notifies its insured that { - it - } { + the insurance
company + } will no longer insure a boiler or pressure vessel, or
that insurance on a boiler or pressure vessel is no longer in
force, the insurance company shall also notify the chief boiler
inspector, in a form and manner prescribed by the chief boiler
inspector, of the description and vessel registration numbers of
the boilers or pressure vessels for which insurance is canceled
or suspended or is not to be renewed.
(5) { - Whenever - } { + If + } an owner or user of a
boiler or pressure vessel fails to pay any fee required by
{ - this chapter - } { + the board + } within 60 days after
the date of depositing written notification in the United States
mail, postage prepaid, and addressed to the last-known address of
the owner or user, the fee shall be considered delinquent and the
fee shall be increased by an amount equal to 50 percent of the
original fee. The court may award reasonable attorney fees to the
{ - department - } { + board + } if the
{ - department - } { + board + } prevails in an action to
collect a fee required by this chapter. The court may award
reasonable attorney fees to a defendant who prevails in an action
to collect a fee required by
{ - this chapter - } { + the board + } if the court
determines that the
{ - department - } { + board + } had no objectively
reasonable basis for asserting the claim or no reasonable basis
for appealing an adverse decision of the trial court.
SECTION 153. ORS 480.605 is amended to read:
480.605. The { - Department of Consumer and Business
Services - } { + Board of Boiler Rules + } may:
(1) Collect fees for shop inspections, inspections of vessels
and for inspection of vessels { - which - } { + that + } have
been changed in installation location after primary use and for
any other type of inspection of boilers, pressure vessels or
pressure piping { - which - } { + that + } may be required by
any person or persons, including any governmental units { - ,
all such inspections to be at the cost of inspection, in
accordance with the time required to make the inspection, plus
the expense of the inspector including lodging and travel. The
hourly charge, or portion thereof, shall be fixed by the Board of
Boiler Rules - } .
(2) Collect a fee for welding and inspectors' examinations and
for annual renewal of inspectors' certifications. The amount of
the fee shall be fixed by the board.
(3) Collect an additional fee from the owner or user when it is
necessary to make a special trip to witness the application of a
hydrostatic or other test. The amount of the fee shall be fixed
by the board.
SECTION 154. ORS 480.610 is amended to read:
480.610. All receipts from fees, charges, costs and expenses
under ORS 480.510 to 480.665 shall be collected by the
{ - Department of Consumer and Business Services and paid into
the Consumer and Business Services Fund created by ORS 705.145.
Such moneys shall be used only - } { + board and deposited into
the account created by the board pursuant to ORS 182.470. Moneys
deposited to the account are continuously appropriated to the
board for use under ORS 182.456 to 182.472 and + }for the
administration and enforcement of ORS 480.510 to 480.665.
SECTION 155. ORS 480.630 is amended to read:
480.630. (1) { - No - } { + A + } person { - shall - }
{ + may not + } engage in the business of installing, repairing
or altering boilers or pressure vessels unless the person first
obtains a license therefor from the { - Department of Consumer
and Business Services - } { + Board of Boiler Rules + }.
(2) { - No - } { + A + } person { - shall - } { + may
not + } install, repair or alter boilers or pressure vessels as
an employee of a business engaged in the installing, repairing or
altering of boilers or pressure vessels unless the person first
obtains certification therefor from the { - department - }
{ + board + }.
(3) The chief inspector may conduct examinations for
certification of an employee or agent of a business to establish
the competency of the applicant.
(4) Licenses and certification shall be issued by the
{ - department upon recommendation of the - } Board of Boiler
Rules and upon payment of a fee { - of $25 for each
application - } { + determined by the board + } for an employee
or agent's certification and { - $150 - } for
{ - each - } application for a business license.
(5) The licenses and certifications shall be renewed annually
without reexamination upon payment of the fees { + referred
to + } in subsection (4) of this section.
(6) { - No - } { + A + } person { - shall - } { + may
not + } install, alter or repair a boiler or pressure vessel
without first securing a permit therefor from the
{ - department - } { + board + } unless the person is not
subject to licensure or certification. Permits shall be issued
only to the persons licensed. A permit fee { - of $15 - }
shall be paid directly to the { - department - } { +
board + }.
(7) In the case of an emergency, a permit is not required in
advance for boiler or pressure vessel installations, or repair,
as required under subsection (6) of this section, if an
application accompanied by the appropriate fee for a permit is
submitted to the { - department - } { + board + } within five
days after the commencing of the boiler or pressure vessel work.
(8) The certification and examination requirements of this
section do not apply { - when - } { + to + } a person
{ + who + } is brought in from out of state to repair or alter a
boiler or pressure vessel utilizing special tools or a special
process for which that person is uniquely qualified. The activity
shall be limited solely to the special process and the person
performing the work shall have qualifications which meet or
exceed the state's certification standards as determined by the
chief boiler inspector. The chief boiler inspector shall be
notified prior to performance of any work under this subsection.
SECTION 156. ORS 480.647 is amended to read:
480.647. (1) The Board of Boiler Rules may adopt rules creating
quality control procedures for welding on nonboiler external
piping and may adopt its own Oregon welded stamp symbol.
(2) The board { - shall - } { + may + } not require the
adoption of 'R ' stamp provisions of the National Board of
Inspection Code or the American Society of Mechanical Engineers
Certification of Authorization requirements related to boilers
for welding on nonboiler external piping.
(3) The board shall accept an 'R' stamp certification by the
National Board of Inspection Code or the American Society of
Mechanical Engineers Certification of Authorization as meeting
the requirements of subsection (1) of this section and may accept
any other quality control program for welding that is at least
equivalent to the Oregon quality control procedures adopted under
subsection (1) of this section.
{ - (4) All review by the Department of Consumer and Business
Services for individual approval of quality control procedures
and requirements shall be charged at the shop inspection rates
under ORS 480.605. - }
SECTION 157. ORS 480.665 is amended to read:
480.665. (1) The Board of Boiler Rules may impose a civil
penalty against any person who violates any provision of ORS
480.510 to 480.665 or any rule adopted thereunder. A civil
penalty imposed under this section shall be in an amount
determined by the board of not more than $5,000 for each offense.
The maximum penalty under this section may be imposed only upon a
finding of a pattern of violations { - . The Department of
Consumer and Business Services shall adopt by rule a definition
of what constitutes a pattern of violations - } { + , as defined
by board rule + }. Civil penalties under this section shall be
imposed as provided in ORS 183.090. Notwithstanding ORS 183.090,
a person upon whom the board imposes a civil penalty under this
section, in lieu of other appeals, may appeal imposition of the
penalty to the circuit court for the county in which the person
resides by filing a petition for review with that court within 20
days after the person receives notice of imposition of the
penalty. The court, upon receipt of the petition, shall set the
matter for trial upon 10 days' notice to the board and to the
appellant. The trial in the circuit court shall be de novo. The
court shall award reasonable attorney fees and costs to the
prevailing party in an appeal under this subsection.
(2) { + Except as the board may otherwise provide pursuant to
ORS 182.462 (5), + } all amounts recovered under this section
shall be deposited in the { - General Fund - } { + account
established by the board pursuant to ORS 182.470 and are
continuously appropriated to the board for use under ORS 182.456
to 182.472, the administration and enforcement of ORS 480.510 to
480.665 and the administration and enforcement of the mechanical
specialty code + }.
SECTION 158. { + ORS 480.607 and 480.615 are repealed. + }
{ +
MANUFACTURED STRUCTURES AND PARKS (ADVISORY) BOARD + }
SECTION 159. { + There is hereby imposed a training surcharge
in the amount of one percent of the total building permit fees
and hourly charges collected when an applicant chooses to pay an
hourly rate instead of purchasing a permit established under ORS
446.062 (3), 446.176, 446.405 (2), 446.430 (2) and 455.170 (2).
Moneys collected under this subsection shall be deposited in the
account established by the Manufactured Structures and Parks
Board pursuant to ORS 182.470 and used to provide quality
training and education for persons employed in producing,
selling, installing, delivering or inspecting manufactured
structures or buildings or inspecting parks or camps. The board
may contract with a public or private person to develop or
provide training and education programs. + }
SECTION 160. ORS 446.003 is amended to read:
446.003. As used in ORS 446.003 to 446.200 and 446.225 to
446.285, and for the purposes of ORS chapters 195, 196, 197, 215
and 227, the following definitions shall apply, unless the
context requires otherwise, or unless administration and
enforcement by the State of Oregon under the existing or revised
National Manufactured Housing Construction and Safety Standards
Act would be adversely affected, and except as provided in ORS
446.265:
(1) 'Accessory building or structure' means any portable,
demountable or permanent structure established for use of the
occupant of the manufactured structure { - and as further
defined by rule by the Director of the Department of Consumer and
Business Services - } .
(2)(a) 'Alteration' means any change, addition, repair,
conversion, replacement, modification or removal of any equipment
or installation which may affect the operation, construction or
occupancy of a manufactured structure.
(b) 'Alteration' does not mean:
(A) Minor repairs with approved component parts;
(B) Conversion of listed fuel-burning appliances in accordance
with the terms of their listing;
(C) Adjustment and maintenance of equipment; or
(D) Replacement of equipment or accessories in kind.
(3) 'Approved' means approved, licensed or certified by the
Department of Consumer and Business Services or its designee.
(4) 'Awning' means any stationary structure, permanent or
demountable, used in conjunction with a manufactured structure,
other than window awning, for the purpose of providing shelter
from the sun and rain, and having a roof with supports and not
more than one wall or storage cabinet substituting for a wall.
(5) 'Board' means the Manufactured Structures and Parks
{ - Advisory - } Board.
(6) 'Cabana' means a stationary, lightweight structure which
may be prefabricated, or demountable, with two or more walls,
used adjacent to and in conjunction with a manufactured structure
to provide additional living space.
(7) 'Carport' means a stationary structure consisting of a roof
with its supports and not more than one wall, or storage cabinet
substituting for a wall, and used for sheltering a motor vehicle.
(8) 'Certification' means an evaluation process by which the
{ - department - } { + board + } verifies a manufacturer's
ability to produce manufactured structures to { - the
department - } { + board + } rules and to the
{ - department - } { + board + } approved quality control
manual.
(9) 'Conversion' or 'to convert' means the process of changing
a manufactured structure in whole or in part from one type of
vehicle or structure to another.
(10) 'Dealer' means any person engaged in selling or
distributing manufactured structures or equipment, or both,
primarily to persons who in good faith purchase or lease
manufactured structures or equipment, or both, for purposes other
than resale.
{ - (11) 'Department' means the Department of Consumer and
Business Services. - }
{ - (12) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (13) - } { + (11) + } 'Distributor' means any person
engaged in selling and distributing manufactured structures or
equipment for resale.
{ - (14) - } { + (12) + } 'Equipment' means materials,
appliances, subassembly, devices, fixtures, fittings and
apparatuses used in the construction, plumbing, mechanical and
electrical systems of a manufactured structure.
{ - (15) - } { + (13) + } 'Federal manufactured housing
construction and safety standard' means a standard for
construction, design and performance of a manufactured dwelling
promulgated by the Secretary of Housing and Urban Development
pursuant to the federal National Manufactured Housing
Construction and Safety Standards Act of 1974 (Public Law
93-383).
{ - (16) - } { + (14) + } 'Fire inspector' means a deputy
or assistant of the State Fire Marshal.
{ - (17) - } { + (15) + } 'Fire Marshal' means the State
Fire Marshal.
{ - (18) - } { + (16) + } 'Imminent safety hazard' means an
imminent and unreasonable risk of death or severe personal
injury.
{ - (19) - } { + (17) + } 'Insignia of compliance' means:
(a) For a manufactured dwelling built to HUD standards for such
dwellings, the HUD label; or
(b) For all other manufactured structures, the insignia issued
by this state indicating compliance with state law.
{ - (20) - } { + (18) + } 'Inspecting authority' or
'inspector' means the { - Director of the Department of
Consumer and Business Services - } { + board + } or
representatives as appointed or authorized to administer and
enforce provisions of ORS 446.111, 446.160, 446.176, 446.225 to
446.285, 446.310 to 446.350, 446.990 and this section.
{ - (21) - } { + (19) + } 'Installation' in relation to:
(a) 'Construction' means the arrangements and methods of
construction, fire and life safety, electrical, plumbing and
mechanical equipment and systems within a manufactured structure.
(b) 'Siting' means the manufactured structure and cabana
foundation support and tiedown, the structural, fire and life
safety, electrical, plumbing and mechanical equipment and
material connections and the installation of skirting and
temporary steps.
{ - (22) - } { + (20) + } 'Installer' means any individual
licensed by the { - director - } { + board + } to install,
set up, connect, hook up, block, tie down, secure, support,
install temporary steps, install skirting for or make electrical,
plumbing or mechanical connections to manufactured dwellings or
cabanas or who provides consultation or supervision for any of
these activities, except architects licensed under ORS 671.010 to
671.220 or engineers licensed under ORS 672.002 to 672.325.
{ - (23) - } { + (21) + } 'Limited installer' means any
individual with a limited license issued by the
{ - director - } { + board + } who is engaged in the
occupation of installing, setting up, connecting, hooking up,
supporting, blocking, tying down, securing, installing temporary
steps, installing skirting or making electrical, plumbing or
mechanical connections to manufactured dwellings or cabanas under
the direct supervision of a licensed installer.
{ - (24) - } { + (22) + } 'Listed' means equipment or
materials included in a list, published by an organization
concerned with product evaluation acceptable to the department
that maintains periodic inspection of production of listed
equipment or materials, and whose listing states either that the
equipment or materials meets appropriate standards or has been
tested and found suitable in a specified manner.
{ - (25) - } { + (23) + } 'Lot' means any space, area or
tract of land, or portion of a manufactured dwelling park, mobile
home park or recreation park that is designated or used for
occupancy by one manufactured structure.
{ - (26)(a) - } { + (24)(a) + } 'Manufactured dwelling'
means:
(A) Residential trailer, a structure constructed for movement
on the public highways that has sleeping, cooking and plumbing
facilities, that is intended for human occupancy, that is being
used for residential purposes and that was constructed before
January 1, 1962.
(B) Mobile home, a structure constructed for movement on the
public highways that has sleeping, cooking and plumbing
facilities, that is intended for human occupancy, that is being
used for residential purposes and that was constructed between
January 1, 1962, and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of
construction.
(C) Manufactured home:
(i) For any purpose other than that set forth in
subsubparagraph (ii) of this subparagraph, 'manufactured home '
means a structure constructed for movement on the public highways
that has sleeping, cooking and plumbing facilities, that is
intended for human occupancy, that is being used for residential
purposes and that was constructed in accordance with federal
manufactured housing construction and safety standards and
regulations in effect at the time of construction; or
(ii) For purposes of implementing any contract pertaining to
manufactured homes between the department and the federal
government, 'manufactured home' has the meaning given the term in
the contract.
(b) 'Manufactured dwelling' does not mean any building or
structure constructed to conform to the State of Oregon
Structural Specialty Code or the One and Two Family Dwelling Code
adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630
or any unit identified as a recreational vehicle by the
manufacturer.
{ - (27) - } { + (25) + } 'Manufactured dwelling park'
means any place where four or more manufactured dwellings are
located within 500 feet of one another on a lot, tract or parcel
of land under the same ownership, the primary purpose of which is
to rent or lease space or keep space for rent or lease to any
person for a charge or fee paid or to be paid for the rental or
lease or use of facilities or to offer space free in connection
with securing the trade or patronage of such person.
'Manufactured dwelling park ' does not include a lot or lots
located within a subdivision being rented or leased for occupancy
by no more than one manufactured dwelling per lot if the
subdivision was approved by the local government unit having
jurisdiction under an ordinance adopted pursuant to ORS 92.010 to
92.190.
{ - (28)(a) - } { + (26)(a) + } 'Manufactured structure'
means a:
(A) 'Recreational vehicle' as set forth in this section;
(B) 'Manufactured dwelling' as set forth in this section; or
(C) 'Recreational structure' as set forth in this section.
(b) 'Manufactured structure' does not apply to any building or
structure regulated under the State of Oregon Structural
Specialty Code or the One and Two Family Dwelling Code.
{ - (29) - } { + (27) + } 'Manufacturer' means any person
engaged in manufacturing, building, rebuilding, altering,
converting or assembling manufactured structures or equipment.
{ - (30) - } { + (28) + } 'Manufacturing' means the
building, rebuilding, altering or converting of manufactured
structures that bear or are required to bear an Oregon insignia
of compliance.
{ - (31) - } { + (29) + } 'Minimum safety standards' means
the plumbing, mechanical, electrical, thermal, fire and life
safety, structural and transportation standards prescribed by
rules adopted by the
{ - director - } { + board + }.
{ - (32) - } { + (30) + } 'Mobile home park' means any
place where four or more manufactured structures are located
within 500 feet of one another on a lot, tract or parcel of land
under the same ownership, the primary purpose of which is to rent
space or keep space for rent to any person for a charge or fee
paid or to be paid for the rental or use of facilities or to
offer space free in connection with securing the trade or
patronage of such person. ' Mobile home park' does not include a
lot or lots located within a subdivision being rented or leased
for occupancy by no more than one manufactured dwelling per lot
if the subdivision was approved by the municipality unit having
jurisdiction under an ordinance adopted pursuant to ORS 92.010 to
92.190.
{ - (33) - } { + (31) + } 'Municipality' means a city,
county or other unit of local government otherwise authorized by
law to enact codes.
{ - (34) - } { + (32) + } 'Provider' means any person
approved by the
{ - director - } { + board + } to provide instruction for the
purpose of licensing manufactured dwellings and cabana installers
or certifying manufactured dwelling inspectors.
{ - (35) - } { + (33) + } 'Ramada' means a stationary
structure having a roof extending over a manufactured structure,
which may also extend over a patio or parking space for motor
vehicles, and is used principally for protection from snow, sun
or rain.
{ - (36) - } { + (34) + } 'Recreational structure' means a
campground structure with or without plumbing, heating or cooking
facilities intended to be used by any particular occupant on a
limited-time basis for recreational, seasonal, emergency or
transitional housing purposes and may include yurts, cabins,
fabric structures or similar structures { - as further defined,
by rule, by the director - } .
{ - (37) - } { + (35) + } 'Recreational vehicle' means a
vehicle with or without motive power, which is designed for human
occupancy and to be used temporarily for recreational, seasonal
or emergency purposes { - and as further defined, by rule, by
the director - } .
{ - (38) - } { + (36) + } 'Sale' means rent, lease, sale or
exchange.
{ - (39) - } { + (37) + } 'Skirting' means a weather
resistant material used to enclose the space below the
manufactured structure.
{ - (40) - } { + (38) + } 'Tiedown' means any device
designed to anchor a manufactured structure securely to the
ground.
{ - (41) - } { + (39) + } 'Transitional housing
accommodations' means accommodations described under ORS 446.265.
{ - (42) - } { + (40) + } 'Utilities' means the water,
sewer, gas or electric services provided on a lot for a
manufactured structure.
SECTION 161. ORS 446.005 is amended to read:
446.005. As used in ORS 446.003 to 446.200, 446.225 to 446.285
and 446.425, unless the context requires otherwise, or unless
administration and enforcement by Oregon under the existing or
revised National Manufactured Housing Construction and Safety
Standards Act would be adversely affected, 'issuing authority '
means with respect to mobile home or manufactured dwelling park
plans review and construction, the { - Department of Consumer
and Business Services - } { + Manufactured Structures and Parks
Board + }.
SECTION 162. 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 - } { + Manufactured Structures and Parks
Board shall adopt rules + } to regulate mobile home or
manufactured dwelling parks. { - These - } { + The + } rules
{ - shall - } { + must + } 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, 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 - } { + appropriate specialty code boards + }.
(3) The { - Department of Consumer and Business Services - }
{ + board + } shall review plans and inspect construction of
mobile home or manufactured dwelling parks to { - insure - }
{ + ensure + } compliance with subsection (2) of this section.
The { - director - } { + board + } shall adopt
{ - rules under ORS 183.310 to 183.550 to provide a schedule
for - } { + fees that include, but are not limited to, + }
plan review fees and construction inspection fees.
(4) A person { - shall - } { + may + } 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 - } { + board + }.
SECTION 163. ORS 446.066 is amended to read:
446.066. The { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board and
board employees or agents + } may inspect { - every - } { +
a + } mobile home { + park + } or manufactured dwelling park in
order to determine whether { - it - } { + the park + }
conforms with the provisions of ORS 446.003 to 446.200 and
446.225 to 446.285 and the rules adopted pursuant thereto.
{ - Any - } { + A + } person operating { - such
facilities - } { + a park + } shall at all reasonable times,
upon request of the { - department - } { + board or board
employees or agents + }, permit access to all parts of the
{ - facilities - } { + park + }.
SECTION 164. ORS 446.072 is amended to read:
446.072. The { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }
shall make surveys necessary to { - assure - } { + ensure + }
uniform enforcement throughout the state with respect to mobile
home or manufactured dwelling parks.
SECTION 165. ORS 446.076 is amended to read:
446.076. { + Except as the Manufactured Structures and Parks
Board may otherwise provide under ORS 182.462 (5), the board
shall deposit + } all moneys received { - by the Department of
Consumer and Business Services - } { + as fees or civil
penalties + } under ORS 446.003 to 446.200 { + , + }
{ - and - } 446.225 to 446.280 { + , + } { - shall be paid
into the Consumer and Business Services Fund created by ORS
705.145 - } { + 446.310 to 446.350 and 446.395 to 446.420 into
the account created by the board pursuant to ORS 182.470 + }. The
moneys { - received under this section - } { + deposited to
the account + } are continuously appropriated { + to the
board + } { - and shall be used only - } for { + use under
ORS 182.456 to 182.472 and + } the administration and enforcement
of ORS 446.003 to 446.200 { + , + } { - and - } 446.225 to
446.285 { + , 446.310 to 446.350 and 446.395 to 446.420 + }
{ - by the department with respect to mobile home or
manufactured dwelling parks - } .
SECTION 166. ORS 446.095 is amended to read:
446.095. The owner or operator of a mobile home { + park + }
or manufactured dwelling park shall:
(1) Construct well-drained and hard-surfaced park streets at
least 20 feet in width, unobstructed and open to traffic within
the mobile home or manufactured dwelling park. If the owner or
operator permits parking of motor vehicles on the park streets,
the owner or operator shall construct the park streets at least
30 feet in width.
(2) Provide to each tenant an adequate supply of healthful
water and adequate electric power and sewerage facilities. All
plumbing shall be installed in compliance with ORS 447.010 to
447.160 and the rules of the { - Department of Consumer and
Business Services adopted thereunder - } { + State Plumbing
Board + }.
(3) Provide, except as specified in subsection (4) of this
section, a separate general play area restricted to that use, if
the mobile home or manufactured dwelling park accommodates
children who are under 14 years of age. { - No - } { + A + }
separate play area
{ - shall - } { + may not + } be less than 2,500 square feet
in area. At least 100 square feet of play area shall be provided
for each manufactured dwelling occupied by children.
(4) { - Not be required to provide - } { + Be exempt from
providing + } a separate play area if the mobile home or
manufactured dwelling park was in existence before March 13,
1989, and rented spaces as an all adult park.
SECTION 167. ORS 446.100 is amended to read:
446.100. (1) { - No - } { + A + } person { - shall - }
{ + may not + }:
(a) Construct a mobile home or manufactured dwelling park at a
place that is unsuitable due to swampy terrain, lack of adequate
drainage or proximity to the breeding places of insects or
rodents.
(b) Install a manufactured dwelling closer than five feet from
a property boundary line.
(c) Construct in a mobile home or manufactured dwelling park a
manufactured dwelling space less than 30 feet in width or less
than 40 feet in length.
(2) The { - Director of the Department of Consumer and
Business Services shall adopt rules pursuant to the rulemaking
provisions of ORS 183.310 to 183.550 specifying - } { + The
Manufactured Structures and Parks Board shall specify + } minimum
distances between adjacent manufactured dwellings and between
manufactured dwellings and other structures. In { - adopting
these rules - } { + specifying the distances + }, the
{ - director - } { + board + } shall take into consideration
the standards established by the National Fire Protection
Association and standards recommended by the State Fire Marshal.
{ - In no case shall the rules - } { + The specifications may
not + } provide for less than 10 feet of space between
manufactured dwellings.
SECTION 168. ORS 446.105 is amended to read:
446.105. (1) The { - Director of the Department of Consumer
and Business Services - } { + Manufactured Structures and Parks
Board + } may issue a permit for the establishment of a temporary
mobile home or manufactured dwelling park to a construction
company, timber company, government entity or farm if:
(a) There is no available space in a mobile home or
manufactured dwelling park within a reasonable distance; and
(b) A mobile home or manufactured dwelling park is necessary
for the proper housing of employees until the project is
finished.
(2) Upon approval by the { - Department of Consumer and
Business Services - } { + board + } and the county or city
planning commission, a permit may be issued to a person to
establish a temporary mobile home or manufactured dwelling park
on the person's own premises in areas having a critical housing
shortage due to large construction projects. The permit shall
expire upon completion of the project.
SECTION 169. ORS 446.155 is amended to read:
446.155. (1) { - No - } { + A + } person may { + not + }
sell or offer for sale within this state a manufactured dwelling
manufactured after January 1, 1962, that contains:
(a) Plumbing equipment, unless such equipment meets the
requirements of the { - Department of Consumer and Business
Services - } { + State Plumbing Board + };
(b) Heating equipment, unless such equipment meets the
requirements of the State Fire Marshal; or
(c) Electrical equipment, unless such equipment meets the
requirements of the { - department - } { + Electrical and
Elevator Board + }.
(2) { - No - } { + A + } person may { + not + } rent,
lease, sell or offer for rent, lease or sale within this state a
manufactured structure manufactured after September 1, 1969,
unless it bears an insignia of compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
{ - department - } { + State Plumbing Board + };
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
{ - department - } { + Manufactured Structures and Parks
Board + }; or
(c) Structural and transportation equipment, materials,
installations and construction that meet the minimum safety
standards of the { - department - } { + Manufactured
Structures and Parks Board + }.
(3) { - No - } { + A + } person may { + not + } rent,
lease or offer for rent or lease within this state a recreational
vehicle built after January 1, 1990, unless { - it - } { +
the vehicle + } bears an insignia of compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
{ - department - } { + State Plumbing Board + }; or
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
{ - department - } { + Manufactured Structures and Parks
Board + }.
(4) { - No - } { + A + } person may { + not + } sell or
offer for sale a recreational vehicle after July 1, 1989, built
within five years of the time the recreational vehicle is sold or
offered for sale, unless { - it - } { + the vehicle + } bears
an insignia of compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
{ - department - } { + State Plumbing Board + }; or
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
{ - department - } { + Manufactured Structures and Parks
Board + }.
(5) Persons manufacturing, remanufacturing, converting,
altering or repairing manufactured structures or equipment within
the state or for use within the state after July 1, 1991, shall
comply with all applicable construction and safety rules of the
{ - department - } { + Manufactured Structures and Parks
Board + } and the following:
(a) Alterations performed on a manufactured dwelling by the
manufacturer or dealer before or at the time of sale to the first
consumer shall be performed in conformance with the National
Manufactured Housing Construction and Safety Standards Act.
(b) After the initial sale to a consumer by a manufacturer or
dealer, all alterations to a manufactured dwelling, except as
identified by the { - Director of the Department of Consumer
and Business Services - } { + board + } by rule, shall be in
conformance with the specialty codes as described in ORS 455.010
to 455.740 and 479.855.
(c) Solid fuel burning appliances shall be in conformance with
the National Manufactured Housing Construction and Safety
Standards Act and standards adopted by the { - department - }
{ + board + }.
(d) Notwithstanding subsections (1) and (2) of this section, a
previously owned manufactured dwelling may be sold 'as is '
provided that the seller discloses in the bill of sale that the
manufactured dwelling is being sold on an 'as is' or 'with all
faults' basis, and that the entire risk as to the quality and
performance of the manufactured dwelling is with the buyer. If
the manufactured dwelling is found to be defective after
purchase, the buyer shall assume the entire cost of all servicing
and repair. The seller, manufacturer, distributor or retailer is
not responsible for any cost for servicing and repair.
(6) Installations of manufactured structures shall be in
conformance with the standards adopted by the
{ - department - } { + Manufactured Structures and Parks
Board + } for site preparation, foundation support, anchoring,
structural and utility connections, electrical and plumbing
tests, underfloor enclosures, ventilation, vapor barriers and
steps used for access and egress.
SECTION 170. ORS 446.160 is amended to read:
446.160. (1) The { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }
may cause such inspections to be made, approve plans and
specifications, provide technical services, issue insignia of
compliance { - , - } { + and + } collect fees provided by ORS
446.176 { - and, in compliance with ORS 183.310 to 183.550,
promulgate and enforce such rules and regulations as are
reasonably necessary to carry out its duties and insure
compliance with those parts of ORS 446.003 to 446.200, 446.225 to
446.285, 446.310 to 446.350 and 446.395 to 446.440 within the
jurisdiction of the department - } .
(2) The { - Director of the Department of Consumer and
Business Services - } { + board + } shall adopt rules
{ - pursuant to ORS 183.310 to 183.550 - } to { - insure - }
{ + ensure + } that manufacturers, distributors and dealers
comply with the reporting requirements of the { - Department of
Consumer and Business Services of this state - } { + board + }
and the Secretary of Housing and Urban Development as required by
the National Manufactured Housing Construction and Safety
Standards Act of 1974 (Public Law 93-383).
(3) The { - director is authorized to - } { + board may + }
conduct such inspections and investigations as may be necessary
to administer and enforce any federal manufactured dwelling
construction and safety standards adopted under ORS 446.155 or
the National Manufactured Housing Construction and Safety
Standards Act of 1974 (Public Law 93-383). The { - director - }
{ + board + } shall furnish to the Secretary of Housing and
Urban Development or a designee any information obtained
indicating noncompliance with such standards for appropriate
action.
(4) The { - director - } { + board + } or a designee is
authorized to enter, at reasonable times and without advance
notice, any factory, warehouse or establishment in which a
manufactured structure or equipment is manufactured, stored or
held for sale; and to inspect at reasonable times within
reasonable limits in a reasonable manner, any such factory,
warehouse or establishment, and to inspect such products, books,
papers, records and documents
{ - which - } { + that + } are relevant to the manufacture of
a manufactured structure or equipment and the manufacturer's,
distributor's or dealer's compliance with ORS 446.155 and the
National Manufactured Housing Construction and Safety Standards
Act of 1974 (Public Law 93-383).
SECTION 171. ORS 446.170 is amended to read:
446.170. (1) Manufactured structures subject to the provisions
of ORS 446.155 to 446.200, and manufactured structures upon which
additions, conversions or alterations of installations of
equipment or material are made shall have affixed thereto an
insignia of compliance.
(2) { - No - } { + A + } person { - shall - } { + may
not + } place an insignia of compliance on a manufactured
structure except as provided by ORS 446.155 to 446.200 and the
rules and regulations promulgated thereunder.
(3) Insignia of compliance may be issued in bulk only to
manufacturers, remanufacturers or converters certified and
registered with the { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }.
(4) Insignia of compliance { - shall - } { + are + } not
{ - be - } transferable and { - no - } { + the board may
not make a + }refund representing any unused insignia
{ - shall be made by the department - } .
SECTION 172. ORS 446.176 is amended to read:
446.176. (1) The { - Director of the Department of Consumer
and Business Services, with the approval of the - } Manufactured
Structures and Parks { - Advisory - } Board { - , - } shall
adopt { - regulations under the provisions of ORS 183.310 to
183.550 to provide - } a schedule for plan review fees, insignia
fees, inspection fees and other necessary fees { - based on the
cost of administering ORS 446.003, 446.111, 446.160, 446.225 to
446.285, 446.990 and this section and those parts of ORS 446.003
to 446.200 and 446.225 to 446.285 within the jurisdiction of the
Department of Consumer and Business Services - } .
(2) { + Except as the board may otherwise provide under ORS
182.462 (5), + } fees collected by the { - department - } { +
board + } pursuant to this section shall be deposited in the
{ - Consumer and Business Services Fund established by ORS
705.145, with any specifically designated training fees to be
deposited in the Manufactured Structures and Parks Education
Account of the fund, - } { + account created by the board
pursuant to ORS 182.470 + } and shall be used exclusively for the
administration and enforcement of { - those matters in - } ORS
446.003 to 446.200 { + , + } { - and - } 446.225 to
446.285 { + , 446.310 to 446.350 and 446.395 to 446.420 + }
{ - under the jurisdiction of the department - } .
SECTION 173. ORS 446.180 is amended to read:
446.180. (1) If the { - Director of the Department of
Consumer and Business Services - } { + Manufactured Structures
and Parks Board + } determines that standards for construction,
equipment and material installed in manufactured structures
provided by the statutes or rules and regulations of other states
are at least equal to the minimum safety standards prescribed
under ORS 446.155 to 446.200, and that such statutes, rules and
regulations are being enforced, the { - director - } { +
board + } may provide by rule that manufactured structures
approved by such other state shall be considered approved by the
{ - director - } { + board + }.
(2) Mobile homes built between September 1, 1969, and June 15,
1976, to the American National Standards Institute Mobile Home
Standards A119.1 and { - which - } { + that + } also bear an
insignia of compliance from the State of California, Idaho,
Nevada or Washington shall be considered to comply with ORS
446.155 (2) provided no alterations have been made to the
original structure.
SECTION 174. ORS 446.185 is amended to read:
446.185. (1) { - In compliance with ORS 183.310 to 183.550,
rules establishing minimum safety standards and requirements
shall be adopted and enforced by the Director of the Department
of Consumer and Business Services - } { + The Manufactured
Structures and Parks Board shall adopt and enforce minimum safety
standards and requirements + }for manufactured structures and
manufactured structure installations as prescribed in ORS
446.155.
(2) Minimum safety standards prescribed in ORS 446.155 to
446.200 shall be reasonably consistent with nationally recognized
standards for construction of manufactured structures, and the
manufactured structures shall be designed to protect the health
and safety of the people of this state from dangers inherent in
the use of substandard and unsafe equipment, material and
installations.
SECTION 175. ORS 446.225 is amended to read:
446.225. (1) The Legislative Assembly intends to provide a
procedure to { - assure - } { + ensure + }that Oregon
assumes fullest responsibility for administration and enforcement
of federal manufactured housing safety and construction standards
in Oregon in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974 (Public Law
93-383).
(2) The { - Director of the Department of Consumer and
Business Services - } { + Manufactured Structures and Parks
Board + } is authorized to apply for and receive grants from the
Secretary of Housing and Urban Development for implementation and
development of a plan for enforcement and administration of
federal manufactured housing safety and construction standards
for manufactured housing offered for sale or lease in this state.
(3) The { - director is authorized to - } { + board may + }
adopt rules
{ - pursuant to ORS 183.310 to 183.550 - } to { - insure - }
{ + ensure + } acceptance by the Secretary of Housing and Urban
Development of Oregon's plan for administration and enforcement
of federal manufactured housing safety and construction standards
in accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (Public Law 93-383).
SECTION 176. ORS 446.230 is amended to read:
446.230. (1) The { - Director of the Department of Consumer
and Business Services shall, by administrative rule, - } { +
Manufactured Structures and Parks Board may + } adopt and enforce
safety and construction standards for installation, support and
tiedown of manufactured dwellings on a lot. { - These - } { +
The + } safety standards shall be reasonably consistent with
nationally recognized standards for placement, support and
tiedown of manufactured dwellings, and { - shall be - }
designed to protect the health and safety of occupants of
manufactured dwellings against uplift, sliding, rotation and
overturning of manufactured dwellings.
(2) The { - director - } { + board + } shall designate wind
pressure zones in which the rules for tiedown of manufactured
dwellings { - shall - } apply.
(3) Except as provided in ORS 446.395, an installer is not
required to be licensed by the { - director - } { + board + }
to connect utilities from utility terminations provided on a lot
to manufactured dwellings.
SECTION 177. ORS 446.240 is amended to read:
446.240. The { - Director of the Department of Consumer and
Business Services - } { + Manufactured Structures and Parks
Board + } shall adopt and enforce { - rules establishing - }
safety standards for construction and installation of accessory
buildings and structures. Prefabricated and site-built accessory
buildings and structures shall be consistent with the provisions
of the state building code adopted pursuant to ORS 455.020 and
455.110 except where application of such standards would conflict
with standards adopted under the National Manufactured Housing
Construction and Safety Act of 1974 and would prevent the
{ - Department of Consumer and Business Services - } { +
board + } from enforcing the federal Act in Oregon.
SECTION 178. ORS 446.245 is amended to read:
446.245. (1) Manufactured dwellings shall be used as
single-family dwellings.
(2) Manufactured dwellings { - shall - } { + may + } not be
used for commercial purposes.
(3) Exceptions to subsections (1) and (2) of this section are:
(a) Manufactured dwellings may be used for purposes other than
as a single-family dwelling { - when - } { + if + }
specifically approved for a change in occupancy in accordance
with the provisions of the Oregon specialty codes by the
authority having jurisdiction.
{ - When - } { + If + } a manufactured dwelling changes in
occupancy { - it - } { + the dwelling + } shall lose its
identity as a manufactured dwelling and have the insignia removed
and returned to the { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }.
(b) Manufactured dwellings may be used by dealers or
distributors of manufactured structures as temporary sales
offices
{ - when - } { + if + } no alterations to the design,
construction, transportation, fire and life safety, plumbing,
mechanical or electrical systems are made to accommodate the
office use and
{ - when - } the dealer or distributor continues to offer the
manufactured dwelling for sale during the office use.
(c) A portion of a manufactured dwelling may be used for an
in-house business { - when - } { + if + } the remainder of
the structure is used as a single-family dwelling by the same
person. The type and location of an in-home business shall be
approved by the authority having jurisdiction and the local
planning commission prior to the use.
SECTION 179. ORS 446.250 is amended to read:
446.250. The { - Director of the Department of Consumer and
Business Services - } { + Manufactured Structures and Parks
Board + } shall cause inspections to be made, approve plans and
specifications, provide technical services and issue permits for
alteration of manufactured dwellings and installation of
manufactured dwellings and manufactured structure accessory
buildings and structures on a lot. The { - director - } { +
board + } shall appoint or contract with municipalities that
request such appointment or contract for inspection and issuance
of permits for alteration of manufactured dwellings and
installation of manufactured dwellings and manufactured structure
accessory buildings and structures and alterations of
installations of plumbing, heating, illuminating, cooking or
electrical equipment, provided the municipality employs as local
inspectors qualified persons who have been certified by the
{ - director - } { + board + } for inspection and issuance of
permits for alteration of manufactured dwellings and installation
of manufactured dwellings and manufactured structure accessory
buildings and structures, pursuant to ORS 446.003, 446.111,
446.155, 446.160, 446.176, 446.225 to 446.285 and 446.990.
However, the certification standards under this section
{ - shall - } { + must + } relate to the inspections to be
performed and { - shall - } { + may + } not be more stringent
for municipal inspectors than { - those - } { + the
certification standards + } applying to state inspectors.
SECTION 180. ORS 446.252 is amended to read:
446.252. A person may not install a manufactured dwelling or
manufactured structure accessory building or structure without
first obtaining from the { - Department of Consumer and
Business Services - } { + Manufactured Structures and Parks
Board + } or a municipality as provided under ORS 446.250 all
permits necessary for installing the manufactured dwelling or
manufactured structure accessory building or structure on a lot.
SECTION 181. ORS 446.253 is amended to read:
446.253. { - (1) The authority of the Director of the
Department of Consumer and Business Services under ORS 446.250
shall be in addition to the provisions of ORS chapter 455. Where
the provisions of ORS 446.252 and this section conflict with the
provisions under ORS chapter 455, the provisions of ORS 446.252
and this section shall control. - }
{ - (2) - } { + (1) + } Except as otherwise provided by
this subsection, any municipality that establishes a program
under ORS 455.150, 446.252 and this section to administer and
enforce installations of manufactured dwellings and manufactured
structure accessory buildings and structures shall assume full
responsibility for permit issuance and inspections under that
program including related electrical, plumbing, structural and
mechanical installations for a manufactured dwelling and
manufactured structure accessory buildings and structures as
defined in ORS 446.003.
{ - (3) - } { + (2) + } The { - director - } { +
Manufactured Structures and Parks Board + } may by order relieve
a municipality from compliance with the requirements of
subsection { - (2) - } { + (1) + } of this section under the
following conditions:
(a) Budget limitations of the municipality;
(b) Inadequate staffing of the municipality;
(c) Inability to contract services with another municipality;
or
(d) Where the public is inconvenienced by increased cost,
travel distance or time loss.
{ - (4) - } { + (3) + } The { - Department of Consumer
and Business Services, subject to ORS 183.310 to 183.550, - }
{ + board + } may revoke any authority of a local government to
conduct inspections, administration or enforcement of
manufactured dwelling installations and manufactured structure
accessory building installations and manufactured dwelling
alterations under ORS 455.150 if the
{ - director - } { + board + } determines that the
municipality is not effectively carrying out duties assumed by
the municipality.
SECTION 182. ORS 446.255 is amended to read:
446.255. (1) { - After written notice and hearing as provided
in subsection (2) of this section, - } The { - Director of the
Department of Consumer and Business Services - } { +
Manufactured Structures and Parks Board + } may revoke the
certification of a local inspector certified under ORS 446.250,
or the authority of a local government to enforce provisions of
ORS 446.003, 446.111, 446.160, 446.176, 446.225 to 446.285 and
446.990, when it appears by competent evidence that the inspector
or local government has consistently failed to act in the public
interest in the enforcement of the provisions of ORS 446.003,
446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990.
(2) Any proceedings under subsection (1) of this section shall
be conducted pursuant to the provisions of ORS { - 183.415 to
183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to
183.550, dealing with contested cases - } { + 183.310 to
183.550 + }.
SECTION 183. ORS 446.260 is amended to read:
446.260. (1) Every manufacturer of manufactured homes offered
for sale or lease in this state shall furnish notification of any
defect in any manufactured home produced by the manufacturer that
the manufacturer determines, in good faith, relates to a federal
manufactured housing construction or safety standard or
constitutes an imminent safety hazard to the purchaser of the
manufactured home, within a reasonable time after such
manufacturer has discovered the defect.
(2) The { - Director of the Department of Consumer and
Business Services is authorized to - } { + Manufactured
Dwellings and Parks Board may + } adopt rules for notification
required by subsection (1) of this section. The rules
{ - shall - } { + must + } conform to notification and
correction of defects and record keeping requirements of the
Secretary of Housing and Urban Development under the National
Manufactured Housing Construction and Safety Standards Act of
1974 (Public Law 93-383).
(3)(a) In addition to the notification required under
subsection (1) of this section, the { - director - } { +
board + } may adopt rules to identify the disclosures required of
a dealer or distributor prior to the sale of new manufactured
structures more than eight feet six inches wide in travel mode.
Disclosure required under this subsection shall be limited to
information regarding permissible uses, roof snow loads and
anchoring of manufactured structures.
(b) The { - Department of Consumer and Business Services - }
{ + board + } shall develop and make available to all dealers
and distributors of manufactured structures a standard
disclosure. The disclosure shall be completed in writing by the
dealer or distributor of any affected manufactured structure
prior to sale. A completed disclosure shall be presented to the
purchaser for signature at the time of sale and a copy of the
signed disclosure provided to the purchaser. The signed
disclosure shall be retained by the dealer or distributor for not
less than five years following the date of sale.
SECTION 184. ORS 446.265 is amended to read:
446.265. (1) A municipality may approve the establishment of a
campground inside an urban growth boundary to be used for
providing transitional housing accommodations. The accommodations
may consist of separate facilities, in the form of yurts, for use
as living units by one or more individuals or by families. The
person establishing the accommodations may provide access to
water, toilet, shower, laundry, cooking, telephone or other
services either through separate or shared facilities. The
accommodations shall provide parking facilities and walkways.
(2) Transitional housing accommodations described under
subsection (1) of this section shall be limited to persons who
lack permanent shelter and cannot be placed in other low income
housing. A municipality may limit the maximum amount of time that
an individual or a family may use the accommodations.
(3) Campgrounds providing transitional housing accommodations
described under this section may be operated by private persons
or nonprofit organizations. The shared facilities of the
campgrounds are subject to regulation under the recreation park
specialty code described under ORS 446.310 to 446.350. The
transitional housing accommodations are not subject to ORS
chapter 90.
(4) To the extent deemed relevant by the { - Department of
Consumer and Business Services - } { + Manufactured Structures
and Parks Board + }, the construction and installation of yurts
on campgrounds used for providing transitional housing
accommodations established under this section is subject to the
manufactured structures specialty code described in ORS 446.155.
Transitional housing accommodations not appurtenant to a yurt are
subject to regulation as provided under subsection (3) of this
section.
(5) Campgrounds established for providing transitional housing
accommodations { - shall - } { + may + } not be allowed on
more than two parcels in a municipality. In approving the use of
parcels for a campground, the municipality shall give preference
to locations that have access to grocery stores and public
transit services.
(6) As used in this section, 'yurt' means a round, domed tent
of canvas or other weather resistant material, having a rigid
framework, wooden floor, one or more windows or skylights and
that may have plumbing, electrical service or heat.
SECTION 185. ORS 446.270 is amended to read:
446.270. (1) Whoever violates any provision of ORS 446.003 to
446.200 or 446.225 to 446.285, or the administrative rules issued
thereunder, or any regulation or final order issued thereunder,
shall be liable to the State of Oregon for a civil penalty of not
to exceed $1,000 for each violation. Each violation of ORS
446.003 to 446.200 or 446.225 to 446.285, or any rule or order
issued thereunder, shall constitute 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.
(2) Notwithstanding any provision of ORS 183.310 to 183.550,
prior to the adoption of any rule under subsection (1) of this
section for which a civil penalty may be imposed, the
{ - Director of the Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }
shall give not less than 30 days' notice, in writing, to every
registered manufactured structure manufacturer, dealer, and any
other interested party who shall have requested notice in the
manner provided in ORS 183.335 (7).
(3) Enforcement of a civil penalty under subsection (1) of this
section in excess of $100 shall be brought in small claims court.
If the claim exceeds the jurisdiction of the small claims court,
the action may be brought in any court of appropriate
jurisdiction in that city or county and a reasonable attorney fee
at trial and on appeal shall be awarded to the prevailing party.
SECTION 186. ORS 446.280 is amended to read:
446.280. (1) The Manufactured Structures and Parks
{ - Advisory - } Board { - is established in the Department of
Consumer and Business Services - } { + shall operate as a
semi-independent state agency subject to ORS 182.456 to 182.472
for purposes of carrying out the provisions of ORS 446.003 to
446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to
446.420 + }. The { - Director of the Department of Consumer and
Business Services shall appoint the board to serve in an advisory
capacity to the director in - } { + board is responsible
for + } promulgating, administering and enforcing the plan for
the administration and enforcement of the National Manufactured
Housing Construction and Safety Standards Act of 1974 (Public Law
93-383) and safety standards pursuant to ORS 446.003 to 446.200,
446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420.
(2) The board shall consist of 12 members { - , one member
representing or engaged in each of - } { + appointed by the
Governor. The Governor shall appoint persons familiar with
+ }the following:
(a) The selling, leasing and distributing of new manufactured
homes.
(b) The selling, leasing and distributing of recreational
vehicles.
(c) The manufacturing or assembling of new manufactured homes.
(d) The manufacturing or assembling of new recreational
vehicles.
(e) The manufacturing, assembling or selling of manufactured
dwelling accessory structures.
(f) The { - owners or operators - } { + ownership or
operation + } of mobile home or manufactured dwelling parks or
recreation parks.
(g) { + Issues of concern to + } consumer organizations.
(h) { - Users - } { + The use + }of low and moderate
income housing.
(i) Structural engineering.
(j) Local government building official duties.
(k) The { + duties of + } deputies or assistants to the State
Fire Marshal.
(L) The installation of manufactured dwellings.
(3) Appointments shall be made for a term of four
years { + . + } { - and no - } { + A + } member { - shall
be - } { + is not + } eligible for appointment to more than two
full terms of office.
(4) Vacancies occurring in the membership of the board for any
cause shall be filled by appointment for the balance of the
unexpired term.
(5) The { - director - } { + Governor + } may remove any
member of the board for misconduct, incompetency, or neglect of
duty.
(6) The board shall meet at least once each year.
(7) Seven members shall constitute a quorum for the transaction
of business.
(8) The board shall elect its own chairperson and meet on call
of the { - director, - } chairperson or majority of the
members.
{ - The director shall provide administrative facilities and
services for the board. - }
{ - (9) Members of the board shall be entitled to
compensation and expenses as provided by ORS 292.495. - }
SECTION 187. ORS 446.285 is amended to read:
446.285. To { - assist the Director of the Department of
Consumer and Business Services in administration and enforcement
of - } { + administer and enforce + } the National Manufactured
Housing Construction and Safety Standards Act of 1974, and safety
standards pursuant to ORS 446.003 to 446.200, 446.225 to 446.285,
446.310 to 446.350 and 446.395 to 446.420, the Manufactured
Structures and Parks { - Advisory - } Board may approve or
conduct programs of training and education that maintain and
advance the professional skills and abilities of persons engaged
in manufacturing, delivery, installation, sale or service of
manufactured structures.
SECTION 188. ORS 446.395 is amended to read:
446.395. (1) Except as provided by rule by the { - Director
of the Department of Consumer and Business Services, no person
shall - } { + Manufactured Structures and Parks Board, a person
may not + } install a manufactured dwelling or cabana without
first having obtained a license therefor from the
{ - department - } { + board + }.
(2) { - No - } { + A + } person required by subsection (1)
of this section to obtain a license { - shall fail to - } { +
must + } comply with the provisions of ORS 446.003 to 446.240,
446.395 to 446.420 { - and 455.230 - } or any rule adopted
pursuant thereto.
(3) Licenses may be issued only to individuals { - and shall
not be issued to a business, partnership, company, corporation or
any other entity - } .
(4) { - No - } { + A + } person, dealer or other entity
{ - shall - } { + may not + } employ any individual to install
a manufactured dwelling or cabana unless the individual is
licensed by the { - director - } { + board + } to perform
such work and { - such individual - } is in compliance with
the provisions of ORS 446.003 to 446.240, 446.395 to 446.420
{ - and 455.230 - } or any rule adopted pursuant thereto.
(5) Licenses issued pursuant to ORS { - 446.003, - } 446.395
to 446.420 { - and 455.230 shall - } { + are + } not
{ - be - } transferable.
SECTION 189. ORS 446.400 is amended to read:
446.400. (1) { - In accordance with any applicable provisions
of ORS 183.310 to 183.550, the Director of the Department of
Consumer and Business Services, with the approval of - } The
Manufactured Structures and Parks { - Advisory - } Board
{ - , - } shall establish by rule a procedure for the licensing
of individuals to install manufactured dwellings and cabanas.
Such a procedure shall include, but not be limited to, provisions
prescribing:
(a) The form, content and procedures for submitting an
application for license issuance and renewal;
(b) The term of the license and the fee for the original
issuance and renewal of the license;
(c) The experience and training requirements for determining
the qualifications of license applicants; and
(d) The actions and procedures required for license suspension,
revocation and reissuance.
(2) In determining the appropriate initial license and renewal
fees for installers, { - the director, with the approval of - }
the board { - , - } shall { - insure - } { + ensure + }
that the annual income to the
{ - department - } { + board + } from license and renewal
fees not exceed one-third of the total cost of administering and
enforcing the provisions of ORS { - 446.003, - } 446.395 to
446.420 { - and 455.230 - } .
{ - (3) The costs of developing and administering ORS
446.003, 446.395 to 446.420 and 455.230 shall be funded: - }
{ - (a) One-third from license application fees; and - }
{ - (b) Two-thirds from fees paid by manufacturers under ORS
446.176. - }
{ - (4) - } { + (3) + } The board may adopt classifications
of installers including, but not limited to, temporary installer,
limited installer and installer.
SECTION 190. 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, - } 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 - } { +
Manufactured Structures and Parks Board + }. The
{ - director - } { + board + } 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 - }
{ + board + } that the installation fails to comply with
licensure requirements as provided by ORS { - 446.003, - }
446.395 to 446.420 { - and 455.230 - } or the installation
rules { - adopted by the director - } { + of the board + },
the
{ - director - } { + board + } 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 - } { + board + } 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 - } { + board + } may
suspend or revoke the installer's license.
(4) If the installer fails to bring the installation into
compliance, the { - director - } { + board + } shall order
the dealer, if any, that arranged for such installation to bring
the installation into compliance with the provisions of ORS
{ - 446.003, - } 446.395 to 446.420 { - and 455.230 - } and
the rules adopted pursuant thereto. The
{ - dealer - } { + board + } is responsible to bring only
those installation activities into compliance { - which - }
{ + that + } 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.
{ - (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 191. ORS 446.410 is amended to read:
446.410. { + Except as the Manufactured Structures and Parks
Board may otherwise provide under ORS 182.462 (5), + } fees and
civil penalties collected by the { - Department of Consumer and
Business Services - } { + board + } pursuant to ORS
{ - 446.003, - } 446.395 to 446.420 and
{ - 455.230 - } { + 455.680 + } shall be deposited in the
{ - Consumer and Business Services Fund established by ORS
705.145 - } { + account created by the board pursuant to ORS
182.470 + } and { - shall be used and - } { + are + }
continuously appropriated { + to the board + } for { + use
under ORS 182.456 to 182.472 and + } the administration and
enforcement of ORS 446.003 { - , - } { + to 446.200, 446.225
to 446.285, 446.310 to 446.350, + } 446.395 to 446.420 and
{ - 455.230 - } { + 455.680 + } and the rules adopted pursuant
thereto.
SECTION 192. ORS 446.415 is amended to read:
446.415. (1) Any person who performs the work of an installer
without being licensed by the { - Director of the Department of
Consumer and Business Services - } { + Manufactured Structures
and Parks Board + } shall be assessed a civil penalty in the
amount of not less than $500 and not more than $1,000 for each
violation.
(2) Any business entity employing or contracting with an
unlicensed individual to perform the work of an installer shall
be assessed a civil penalty in the amount of not less than $500
and not more than $1,000 for each violation.
(3) Any individual found transferring, altering or using
another individual's license shall be assessed a civil penalty in
the amount of $1,000 for each violation.
(4) Except as provided in subsections (1) to (3) of this
section, any licensed installer failing to comply with the
provisions of ORS { - 446.003, - } 446.395 to 446.420
{ - and 455.230 - } or any rules adopted pursuant thereto shall
be assessed a civil penalty in an amount determined by the
{ - director - } { + board + } not to exceed $1,000 for each
violation.
(5) Any individual, person or other entity who violates any
provision of ORS { - 446.003, - } 446.395 to 446.420 { - and
455.230 - } or the administrative rules adopted pursuant
thereto, or any regulation or final order issued thereunder,
shall be liable to the State of Oregon for a civil penalty not to
exceed $1,000 for each violation. Each violation of ORS
{ - 446.003, - } 446.395 to 446.420 { - and 455.230 - } or
any rule or order issued thereunder shall constitute a separate
violation with respect to each installation 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.
(6) In addition to the provisions of ORS { - 446.003, - }
446.395 to 446.420 { - and 455.230 - } , an installer shall
comply with ORS chapters 316, 656, 657 and 701. Failure to comply
with any of these statutes shall be a basis for suspension,
revocation or refusal to issue or reissue an installer's license.
(7) { - Civil penalties shall be assessed by the director in
the manner provided by ORS 183.090. Any person assessed a civil
penalty may apply for a hearing under ORS 183.090. Application
for the hearing shall be made to the Manufactured Structures and
Parks Advisory Board. - } Notwithstanding ORS 183.090,
application for a hearing shall be made within 30 days of the
service of notice of the imposition of the civil penalty.
SECTION 193. ORS 446.420 is amended to read:
446.420. An installer may not file a lien, or bring or maintain
in any court of this state a suit or action, for compensation for
the performance of any work requiring a license under ORS
{ - 446.003, - } 446.395 to 446.420 and 455.230 or for the
breach of any contract for installation work which is subject to
ORS { - 446.003, - } 446.395 to 446.420 and 455.230, unless
the installer was:
(1) Licensed under ORS { - 446.003, - } 446.395 to 446.420
and 455.230 at the time the installer bid or entered into the
contract for performance of the work; and
(2) Licensed continuously while performing the work for which
compensation is sought.
SECTION 194. ORS 446.430 is amended to read:
446.430. (1) The { - Department of Consumer and Business
Services - } { + Manufactured Structures and Parks Board + }
shall delegate to any county board of commissioners or city
governing body which requests any of the authority,
responsibilities and functions of the { - department - } { +
board + } under ORS 446.062 if the { - department - } { +
board + } determines that the county or city is willing and able
to carry out the rules of the { - department - } { +
board + } relating to fee collection, plan review, inspections,
enforcement and issuance and revocation of permits in compliance
with standards for enforcement by the counties or cities and
monitoring by the { - department - } { + board + }. Such
standards shall be established by the { - department - } { +
board + } in consultation with the appropriate county or city
officials and in accordance with ORS 446.062. The
{ - department - } { + board + } shall review and monitor each
county's or city's performance under this subsection. In
accordance with ORS 183.310 to 183.550, the { - department - }
{ + board + } may suspend or rescind a delegation under this
subsection. If it is determined that a county or city is not
carrying out such rules or the delegation is suspended, the
unexpended portion of the fees collected under subsection (2) of
this section shall be available to the { - department - } { +
board + } for carrying out the authority, responsibility and
functions under this section.
(2) The county or city may determine the amount of, and retain,
any fee for any function undertaken pursuant to subsection (1) of
this section. The amount of the fees { - shall - } { +
may + } not exceed the costs of administering the inspection
program. The county or city, quarterly, shall remit 15 percent of
the collected fees to the { - department - } { + board + }
for monitoring county or city programs and for providing
informational material necessary to maintain a uniform state
program.
(3) The { - department - } { + board + } shall be made a
party to any action, suit or proceeding arising out of county or
city administration of functions pursuant to subsection (1) of
this section and involving the validity of a rule adopted by the
{ - department - } { + board + }.
SECTION 195. ORS 455.170 is amended to read:
455.170. (1) The { - Director of the Department of Consumer
and Business Services - } { + Manufactured Structures and Parks
Board + } shall delegate to any municipality { - which - }
{ + that + } requests any of the authority, responsibilities
and functions of the { - director - } { + board + } relating
to recreational parks, organizational camps and picnic parks as
defined in ORS 446.310, including but not limited to plan review
and inspections, if the { - director - } { + board + }
determines that the municipality is willing and able to carry out
the rules of the
{ - director - } { + board + } relating to such authority,
responsibilities and functions. The { - director - } { +
board + } shall review and monitor each municipality's
performance under this subsection. In accordance with ORS 183.310
to 183.550, the { - director - } { + board + } may suspend or
rescind a delegation under this subsection. If it is determined
that a municipality is not carrying out such rules or the
delegation is suspended, the unexpended portion of the fees
collected under subsection (2) of this section shall be available
to the { - director - } { + board + } for carrying out the
authority, responsibility and functions under this section.
(2) The { - director - } { + board + } shall determine, by
administrative rule, the amount of fee { - which - } { +
that + } the municipality may charge and retain for any function
undertaken pursuant to subsection (1) of this section. The amount
of the fees { - shall - } { + may + } not exceed the costs of
administering the delegated functions. The municipality,
quarterly, shall remit 15 percent of the collected fees to the
{ - director - } { + board + } for monitoring municipal
programs and for providing informational material necessary to
maintain a uniform state program.
(3) In any action, suit or proceeding arising out of municipal
administration of functions pursuant to subsection (1) of this
section and involving the validity of a rule adopted by the
{ - director - } { + board + }, the { - director - } { +
board + } shall be made a party to the action, suit or
proceeding.
SECTION 196. ORS 455.680 is amended to read:
455.680. (1) Plan approval and permits shall be obtained from
the { - Department of Consumer and Business Services - } { +
Manufactured Structures and Parks Board + } prior to
construction, enlargement or alteration of any recreation park,
picnic park or organizational camp as defined in ORS 446.310.
(2) If the { - department - } { + board + } determines that
the work conforms to the approved plans and specifications,
{ - it - } { + the board + } shall issue a final approval
{ - which - } { + that + } shall, if all other conditions of
ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740
are met, authorize the issuance of a license by the Health
Division to operate the park or, in the case of then currently
licensed parks, shall authorize continued operation for the
remaining part of the licensing year.
(3) In accordance with ORS 455.010 to 455.240, 455.410 to
455.450 and 455.595 to 455.740 and in consultation and agreement
with the Health Division of the Department of Human Services, the
{ - Department of Consumer and Business Services - } { +
board + } shall adopt rules to carry out this section. The rules
adopted pursuant to this section shall be a specialty code as
defined in ORS 455.010.
{ +
STATE PLUMBING BOARD + }
SECTION 197. ORS 447.010 is amended to read:
447.010. As used in ORS 447.010 to 447.160, unless the context
requires otherwise:
(1) 'Board' means the State Plumbing Board established under
ORS 693.115.
{ - (2) 'Department' means the Department of Consumer and
Business Services. - }
{ - (3) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (4) - } { + (2) + } 'Journeyman plumber' has the
meaning given that term in ORS 693.010.
{ - (5) - } { + (3) + } 'Ordinary minor repairs' means the
repair, replacement or maintenance of existing plumbing fixtures,
appliances, appurtenances and related water supply and drain
attachments for the purpose of restoring a plumbing installation
to a safe and sanitary operating condition.
{ - (6) - } { + (4) + } 'Plumbing' is the art of
installing, altering or repairing in or adjacent to or serving
buildings:
(a) Pipes, fixtures and other apparatus for bringing in the
water supply and removing liquid and water-carried waste,
including the water supply distributing pipes.
(b) Fixtures and fixture traps.
(c) Soil, waste and vent pipes.
(d) House drain and house sewer to the sewer service lateral at
the curb, or in the street, or alley, or other disposal terminal
holding human or domestic sewage.
(e) Storm water drainage, with their devices, appurtenances and
connections.
(f) Pipes, fixtures and other apparatus for medical gas,
anesthetic waste gas and vacuum systems.
SECTION 198. ORS 447.020 is amended to read:
447.020. (1) All installations of plumbing and drainage in
buildings and structures in this state and all potable water
supply, drainage, and waste installations, within or serving
buildings or structures, except in temporary construction camps,
and except as otherwise provided in ORS 447.010 to 447.160, shall
be made in accordance with the requirements of ORS 447.010 to
447.160 and ORS chapter 455.
(2) The { - Director of the Department of Consumer and
Business Services with the approval of the - } State Plumbing
Board shall make rules pursuant to ORS 183.310 to 183.550 for the
purpose of setting standards for plumbing and defining compliance
with the provisions of ORS 447.010 to 447.160 particularly
pertaining to installation of piping, protection and adequacy of
the water supply, workmanship and materials, traps and cleanouts,
domestic hot water storage tanks and devices, drinking fountains,
approval of devices, equipment and fixtures, hangers and
supports, drainage and venting, house drains and house sewers,
storm water drains, special wastes, light and ventilation of
water closets and bathrooms, and excavation and grading.
(3) The { - director - } { + board + } shall appoint an
adequate staff experienced and trained to serve as plumbing
inspectors to enforce rules adopted under this section.
SECTION 199. ORS 447.026 is amended to read:
447.026. (1) All water pipe used to carry potable water sold in
this state shall be clearly marked the entire length of pipe, at
intervals of length set by { - the Director of the Department
of Consumer and Business Services with the approval of - } the
State Plumbing Board, with:
(a) Identification of the manufacturer and the plant of origin;
and
(b) The manufacturing standard under which the pipe was made.
(2) A label, shield or coding system may be used to identify
the manufacturer, origin and manufacturing standard under which
the pipe was made if the manufacturer has on file with the
{ - Department of Consumer and Business Services - } { +
board + } a notice describing the identification system used.
SECTION 200. ORS 447.072 is amended to read:
447.072. Notwithstanding ORS 455.610, { - the Department of
Consumer and Business Services with the approval of - } the
State Plumbing Board { - , - } shall adopt rules to create an
exemption from permit and inspection requirements for ordinary
minor repairs in one and two family dwellings and commercial
structures { - when - } { + if + } the board finds that the
plumbing does not involve any changes or alterations of the
existing plumbing system. The exemption from the permit:
(1) { - Shall - } { + May + } not include new construction
or replacement of water heaters or underground plumbing; and
(2) Shall be available only to registered plumbing contractors
or persons exempt from licensing under ORS 693.020.
SECTION 201. ORS 447.076 is amended to read:
447.076. Notwithstanding ORS 455.610, { - the Department of
Consumer and Business Services, with the approval of - } the
State Plumbing Board { - , - } shall adopt rules to create a
mandatory inspection program for minor plumbing installations
made by registered plumbing contractors in one or two family
dwellings. The rules adopted by the { - department - } { +
board + } shall:
(1) Define the term 'minor plumbing installations,' { - which
shall - } { + in a manner that does + } not include new
construction;
(2) Designate which minor plumbing installations are under the
inspection program; and
(3) Provide for random inspection of minor plumbing
installations.
SECTION 202. ORS 447.080 is amended to read:
447.080. { - No - } { + A + } city or county
{ - shall - } { + may not + } enact or enforce any ordinances
or building codes providing different requirements than those
imposed by the state building code for the regulation of the
business of master plumbing or the installation of drainage work
unless authorized by the { - Director of the Department of
Consumer and Business Services under ORS 455.040 - } { + State
Plumbing Board + }.
SECTION 203. ORS 447.091 is amended to read:
447.091. The { - Department of Consumer and Business
Services - } { + State Plumbing Board + } or { + a + } local
government administering the plumbing specialty code adopted
under ORS 447.020 (2) may, upon request of any sanitary district
formed pursuant to ORS 450.005 to 450.245, sanitary authority
established under ORS 450.600 to 450.989, or county service
district established under ORS 451.410 to 451.610, contract for
the inspection of building sewers constructed to connect a
district sewage system if inspectors employed by such district
are certified for sewer inspections under ORS 455.715 to 455.740.
SECTION 204. ORS 447.095 is amended to read:
447.095. (1) Rules adopted under ORS 447.020 shall provide a
plumbing inspection fee schedule. The schedule shall establish
inspection fees for inspections made by the { - Department of
Consumer and Business Services - } { + State Plumbing Board + }
under ORS 447.010 to 447.160 { - and 455.610 to 455.630 - }
based on the cost of making inspections as measured by the time
required of the inspector.
(2) Plumbing inspections may be made for other governmental
units, upon request, pursuant to agreements entered into under
ORS 190.003 to 190.620.
SECTION 205. ORS 447.097 is amended to read:
447.097. All moneys received by the { - Department of
Consumer and Business Services - } { + State Plumbing Board + }
under ORS 447.010 to 447.160 shall be disposed of in accordance
with ORS 693.165.
SECTION 206. ORS 447.100 is amended to read:
447.100. (1) { - No - } { + A person may not construct
a + } new hotel, motel, apartment house, dwelling, office
building or other structure { - shall be constructed which - }
{ + that + } employs a tank-type water closet { - that is
not - } { + unless the water closet is + } approved by
{ - the Director of the Department of Consumer and Business
Services, with the approval of - } the State Plumbing Board
{ - , - } as meeting adequate standards of safety and
sanitation.
(2) The { - director, with the approval of the - } board
{ - , - } shall cause to have adopted and published, pursuant
to ORS 183.310 to 183.550, a list of approved types of tank-type
water closets meeting the requirements of this section.
SECTION 207. ORS 447.118 is amended to read:
447.118. (1) { - Nothing in - } ORS 447.010 to 447.160
{ - shall - } { + does not + } prohibit the installation of a
compost toilet for a dwelling by the occupant of the dwelling if
the compost toilet complies with the minimum requirements
established under this section.
(2) Rules adopted under ORS 447.020 shall provide minimum
requirements for the design, construction, installation and
maintenance of compost toilets.
(3) The { - Director of the Department of Consumer and
Business Services with the approval of the - } State Plumbing
Board may require by rule that, in addition to any other
requirements provided by law, any manufacturer or distributor of
a compost toilet and any person other than the owner of the
dwelling in which the compost toilet is to be installed who
proposes to install a compost toilet file with the
{ - Department of Consumer and Business Services - } { +
board + } a satisfactory bond, irrevocable letter of credit
issued by an insured institution as defined in ORS 706.008 or
other security in an amount to be fixed by the
{ - department with approval of the - } board but not to
exceed $5,000, conditioned that such bond, letter of credit or
security shall be forfeited in whole or in part to the
{ - department - } { + board + } for the purpose of carrying
out the provisions of ORS 447.124 by failure of such
manufacturer, distributor or person to comply with the rules
adopted under this section.
SECTION 208. ORS 447.124 is amended to read:
447.124. For the purpose of enforcing ORS 447.118 and the rules
adopted thereunder, the { - Department of Consumer and Business
Services - } { + State Plumbing Board + }, with the assistance
of the Health Division:
(1) May conduct periodic inspections of any compost toilet;
(2) Upon making a finding that a compost toilet is in violation
of the rules adopted pursuant to ORS 447.118 (2), may issue an
order requiring the owner of the dwelling served by the compost
toilet to take action necessary to correct the violation; and
(3) Upon making a finding that a compost toilet presents or
threatens to present a public health hazard creating an emergency
requiring immediate action to protect the public health, safety
or welfare, may issue an order requiring the owner of the
dwelling served by the compost toilet to take any action
necessary to remove such hazard or threat thereof. If such owner
fails to take the actions required by such order, the
{ - department - } { + board + } shall take such action,
itself or by contract with outside parties, as necessary to
remove the hazard or threat thereof. The { - department - }
{ + board + } shall keep a record of all necessary expenses
incurred by the { - department - } { + board + } in carrying
out such action, including a reasonable charge for costs incurred
and equipment and materials utilized by the state. Any owner who
fails to take action required by an order issued under this
subsection shall be responsible for such necessary expenses
incurred by the state. Based on the record compiled by the
{ - department - } { + board + }, an owner responsible for
expenses due to the failure of a manufacturer, distributor or
person to comply with the rules adopted under ORS 447.118 (2)
shall have a setoff against the bond or other security forfeited
under ORS 447.118 (3) to the extent that such expenses are due to
such failure of the manufacturer, distributor or person. The
{ - department - } { + board + } shall make a finding and
enter an order against the owner for the necessary expenses.
Orders issued under this section may be appealed pursuant to ORS
183.310 to 183.550 but not as a contested case. Any amount due
the { - department - } { + board + } under this subsection
and not paid in full within 30 days after the order is entered,
or, if the order is appealed, within 30 days after there is no
further right to appeal, shall become a lien upon the dwelling of
the owner. The { - department - } { + board + } shall file a
notice of the lien with the recording officer of the county in
which the dwelling is located and the recording officer shall
record the notice in a manner designed to appear in the mortgage
records of the county.
(4) The { - department - } { + board + } may contract with
any state or local agency for the purpose of carrying out the
provisions of this section.
SECTION 209. ORS 447.140 is amended to read:
447.140. (1) All waste water and sewage from plumbing fixtures
shall be discharged into a sewer system or alternate sewage
disposal system approved by the Environmental Quality Commission
or Department of Environmental Quality under ORS chapters 468,
468A and 468B.
(2) { - No - } { + A + } plumbing fixture, device or
equipment { - shall - } { + may not + } be installed,
maintained or offered for sale { - which - } { + that + }
will provide a cross-connection between the distributing system
of water for drinking and domestic purposes and any other water
supply, or a drainage system, soil or waste pipe so as to permit
or make possible the backflow of contaminated water, sewage or
waste into the water supply system.
(3) { - No - } { + A + } flush valve, vacuum breaker or
syphon preventer
{ - shall - } { + may not + } be offered for sale or
installed { - that has not been - } { + unless + } approved
by { - the Department of Consumer and Business Services with
the approval of - } the State Plumbing Board.
(4) The use or installation of water-operated sump pumps or
sewage ejectors, if connected to the potable water supply, is
prohibited.
(5) { - No - } { + A + } pan, plunger, offset washout,
washout, long hopper, frost proof or other water closets having
invisible seals or unventilated spaces, or walls not thoroughly
washed at each flushing, { - shall - } { + may not + } be
installed or sold for use in any building.
(6) { - No - } { + A + } plumbing fixture, appurtenance or
device { - , - } { + may not be sold, offered for sale or
installed if + } the installation { - of which - } would be in
violation of the state plumbing specialty code and the rules of
{ - the department approved by - } the { + State Plumbing + }
Board { - shall be sold, offered for sale or installed - } .
SECTION 210. ORS 447.145 is amended to read:
447.145. (1) All new fixtures approved for installation during
construction, reconstruction, alteration and repair of buildings
and other structures under ORS 447.020 shall comply with rules
adopted by the { - Director of the Department of Consumer and
Business Services - } { + State Plumbing Board + }. The rules
shall be consistent with performance requirements and test
procedures established by the American National Standards
Institute, or other equivalent recognized North American
standards and procedures. Except for used fixtures allowed under
subsection (4) of this section, the average amount of water used
by new or replacement fixtures under the applicable test
procedures { - shall - } { + may + } not exceed:
(a) 1.6 gallons or 6.06 liters per flush for toilets;
(b) 1.0 gallons or 3.785 liters per flush for urinals;
(c) 2.5 gallons or 9.46 liters per minute for shower heads; and
(d) 2.5 gallons or 9.46 liters per minute for interior faucets.
(2) Notwithstanding subsection (1) of this section, the
{ - director by rule - } { + board + } shall provide for
exemptions to the requirements under subsection (1) of this
section if:
(a) The reconstruction, alteration or repair of a building does
not include the installation of new or replacement toilets or
urinals, shower heads or faucets within the building;
(b) Due to the capacity, design or installation of the plumbing
or sewage system within an existing building, toilets or urinals
required by subsection (1) of this section would, if installed in
the building, be unable to meet the performance requirements of
the American National Standards Institute or other equivalent
recognized North American standards as adopted by rule;
(c) The fixtures and fittings necessary to perform a
specialized function, including but not limited to emergency
showers and aspirator faucets, cannot meet the requirements;
(d) The installation of fixtures that do not comply with
subsection (1) of this section is necessary to maintain the
historic character of a structure listed under ORS 358.475 to
358.565; or
(e) The fixtures and fittings to be installed are specifically
designed to withstand unusual abuse or installation in a penal
institution or are located in an area with special needs, such as
a laboratory, hospital, nursing home or other health care
facility.
(3) { - No - } { + A + } person { - shall - } { + may
not + } sell or offer for sale any new toilet, urinal, shower
head or faucet that has not been approved under ORS 447.020.
(4) { - On or after December 31, 1995, no - } { + A + }
person { - shall - } { + may not + } sell or offer for sale
any used toilet, urinal, shower head or interior faucet that does
not meet the conservation standards established in subsection (1)
of this section.
(5) The { - director - } { + board + } shall adopt rules
and regulations for marking, labeling or otherwise identifying
fixtures that meet the standards of this section.
{ - (6) The requirements of subsection (1)(a) of this section
do not apply to commercial or industrial installations until
January 1, 1997. - }
SECTION 211. ORS 447.152 is amended to read:
447.152. { - In compliance with ORS 183.310 to 183.550, the
Director of the Department of Consumer and Business Services,
with the approval of - } The State Plumbing Board, shall adopt
rules, including but not limited to { + , rules + }:
(1) Governing minimum safety standards for design and
construction of plumbing products to be sold or disposed of in
this state.
(2) Establishing procedures for certification of plumbing
products.
(3) Establishing criteria for approval of plumbing product
testing laboratories and listing agencies, including but not
limited to:
(a) Independence from manufacturers, vendors and when
applicable, testing laboratories;
(b) Ethical testing and business standards;
(c) Test quality control;
(d) Continuity of monitoring continuing product safety;
(e) Certification and listing procedures; and
(f) Record keeping.
(4) Providing for certified or listed product identification.
(5) Establishing criteria for approval of a plumbing product by
a special deputy similar to those rules established for testing
laboratories.
{ - (6) Governing the internal organization and procedure for
Administering and enforcing ORS 447.152, 447.154 and 447.156 (1)
and (2). - }
SECTION 212. ORS 447.160 is amended to read:
447.160. The State Plumbing Board, after hearing and any review
under ORS 183.310 to 183.550, may impose a civil penalty against
any person who violates any provision of ORS 447.010 to 447.160
or any rule adopted thereunder. A civil penalty imposed under
this section shall be in an amount determined by the board of not
more than $5,000 for each offense. The maximum penalty under this
section may be imposed only upon a finding of a pattern of
violations { + , as defined by board rule + }. { - The
Department of Consumer and Business Services shall adopt by rule
a definition of what constitutes a pattern of violations. - }
All amounts recovered under this section are subject to ORS
693.165. The Attorney General shall bring an action in the name
of the State of Oregon in a court of appropriate jurisdiction to
enforce any civil penalty imposed under this section.
SECTION 213. ORS 693.010 is amended to read:
693.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Apprentice plumber' means any person who is an apprentice
under ORS chapter 660 and who is employed by a holder of a
registration to conduct a plumbing business for the purpose of
assisting the journeyman plumber and learning the plumbing trade.
(2) 'Board' means the State Plumbing Board.
{ - (3) 'Director' means the Director of the Department of
Consumer and Business Services. - }
{ - (4) - } { + (3) + } 'Journeyman plumber' means any
person holding a valid journeyman plumber's certificate of
competency issued under this chapter.
{ - (5) - } { + (4) + } 'Plumbing' has the meaning given
that term in ORS 447.010.
{ - (6) - } { + (5) + } The holder of a certificate of
'registration to conduct a plumbing business' is one who has made
application and paid a registration fee to engage in the business
of furnishing labor and material, or labor only, to install,
alter and repair plumbing. This registration does not entitle the
holder to work as a journeyman plumber.
SECTION 214. 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 - } { + State Plumbing
Board + }, 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 - } { + State Plumbing Board + }, 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.
(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, 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 215. ORS 693.050 is amended to read:
693.050. (1) Applications for examination for a journeyman
plumber's certificate of competency shall be made on forms
furnished by the { - Department of Consumer and Business
Services - } { + State Plumbing Board + }. The form shall state
the applicant's full name, address and plumbing experience.
(2) Application for examination for a journeyman plumber's
certificate of competency shall be accompanied by:
(a) Proof satisfactory to the { - State Plumbing - } board
that the applicant has had at least four years of general
experience as an apprentice plumber or equivalent experience, as
determined by the board by rule, in installing, altering or
repairing plumbing; and
(b) The examination fee provided in ORS 693.135.
SECTION 216. ORS 693.115 is amended to read:
693.115. (1) The State Plumbing Board is established { - in
the Department of Consumer and Business Services - } , consisting
of seven members appointed by the Governor. The appointment of a
member of the board is subject to confirmation by the Senate
pursuant to section 4, Article III of the Oregon Constitution.
(2) The members of the board shall be as follows:
(a) One journeyman plumber with 10 or more years' experience in
the trade or calling of journeyman plumber;
(b) One person who is registered to conduct a plumbing
business;
(c) One local plumbing inspector who is a journeyman plumber;
(d) One registered professional mechanical engineer;
(e) One officer or employee of the Health Division of the
Department of Human Services;
(f) One plumbing equipment supplier who otherwise qualifies by
experience in the industry or one building official; and
(g) One member of the general public.
(3) The term of office of each member is four years { - and
no member shall be eligible for appointment to more than two full
terms of office - } , but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term. { + The Governor
may not appoint a member to more than two full terms. + }
{ - (4) A member of the board shall receive compensation and
expenses as provided in ORS 292.495. - }
SECTION 217. ORS 693.135 is amended to read:
693.135. The State Plumbing Board, by rule, shall establish
fees to be charged by and paid to the board under this chapter
{ - . - } { + , including fees for + } { - The following fees
shall be the maximum fees established under this section: - }
{ - (1) For an - } examination for a journeyman plumber's
certificate of competency, { - $100. - }
{ - (2) For - } { + issuance or renewal of + } a journeyman
plumber's certificate of competency, { - original and annual
renewal, $50. - }
{ - (3) For - } { + issuance or renewal of a + }
registration to conduct a plumbing business, { - original and
annual renewal, $150. - }
{ - (4) For - } examination for { + a + } supervising
plumber's certificate of competency, { - $50. - }
{ - (5) For - } { + issuance or renewal of a + }
registration as a supervising plumber { - , original and annual
renewal, $50. - }
{ - (6) For - } { + and + } continuing education for
renewing a certificate of competency { - , $25 - } .
SECTION 218. ORS 693.165 is amended to read:
693.165. { + Except as the board may otherwise provide under
ORS 182.462 (5), + } all moneys received by { - the Department
of Consumer and Business Services or - } the State Plumbing
Board under ORS 447.010 to 447.160 and this chapter shall be paid
into the
{ - Consumer and Business Services Fund created by ORS 705.145.
Such moneys shall be used only - } { + account created by the
board pursuant to ORS 182.470 and are continuously appropriated
to the board + } for { + use under ORS 182.456 to 182.472
and + } the administration and enforcement of ORS 447.010 to
447.160 and this chapter.
SECTION 219. ORS 693.190 is amended to read:
693.190. (1) The State Plumbing Board may impose a civil
penalty against any person who violates any provision of this
chapter or any rule adopted thereunder. The penalty shall be
imposed as provided in ORS 183.090. A civil penalty imposed under
this section shall be in an amount determined by the board of not
more than $5,000 for each offense. The maximum penalty under this
section may be imposed only upon a finding of a pattern of
violations { + , as defined by board rule + }. { - The
Department of Consumer and Business Services shall adopt by rule
a definition of what constitutes a pattern of violations. - }
(2) All amounts recovered under this section are subject to ORS
693.165.
(3) The Attorney General shall bring an action in the name of
the State of Oregon in a court of appropriate jurisdiction to
enforce any civil penalty imposed under this section.
SECTION 220. 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) - } { + (1) + } 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 - } { + on behalf of the State
Plumbing Board. + } { - ; and - }
{ - (c) - } { + The municipality may + } issue notices of
proposed assessment of civil penalties for violations of
{ - the - } { + those + } statutes { - covered in paragraphs
(a) and (b) of this subsection - } as agents of the
{ - respective boards - } { + board + } following procedures
adopted under subsection { - (3) - } { + (2) + } of this
section.
{ - (3) - } { + (2) + } The { - department - } { +
State Plumbing Board + } 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 - } { + board + }, 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 - } { + board + } 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 - } { + board + } 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
municipalities to investigate violations of the
{ - department's - } { + board's + } permit requirements for
plumbing 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) - } { + board and + } 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)(a) - } { + (3)(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 - } { + the plumbing + }
specialty code or { + a + } municipal ordinance or rule
requiring a permit before the particular installations covered by
the { - codes - } { + code + } 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 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) - } { + (A) + } An investigative or other fee
added to a plumbing permit fee when a permit was obtained after
the plumbing installation was started;
{ - (ii) - } { + (B) + } A civil penalty pursuant to ORS
447.160 for failure to obtain a plumbing permit as required under
the plumbing specialty code;
{ - (iii) - } { + (C) + } 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) - } { + (D) + } 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.
{ +
MISCELLANEOUS CONFORMING AMENDMENTS + }
SECTION 221. ORS 90.100 is amended to read:
90.100. Subject to additional definitions contained in this
chapter that apply to specific sections or parts thereof, and
unless the context otherwise requires, in this chapter:
(1) 'Accessory building or structure' means any portable,
demountable or permanent structure, including but not limited to
cabanas, ramadas, storage sheds, garages, awnings, carports,
decks, steps, ramps, piers and pilings, that is:
(a) Owned and used solely by a tenant of a manufactured
dwelling or floating home; or
(b) Provided pursuant to a written rental agreement for the
sole use of and maintenance by a tenant of a manufactured
dwelling or floating home.
(2) 'Action' includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
(3) 'Applicant screening charge' means any payment of money
required by a landlord of an applicant prior to entering into a
rental agreement with that applicant for a residential dwelling
unit, the purpose of which is to pay the cost of processing an
application for a rental agreement for a residential dwelling
unit.
(4) 'Building and housing codes' include any law, ordinance or
governmental regulation concerning fitness for habitation, or the
construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
(5) 'Dealer' means any person in the business of selling,
leasing or distributing new or used manufactured dwellings or
floating homes to persons who purchase or lease a manufactured
dwelling or floating home for use as a residence.
(6) 'Drug and alcohol free housing' means a rental agreement as
described in ORS 90.243.
(7) 'Dwelling unit' means a structure or the part of a
structure that is used as a home, residence or sleeping place by
one person who maintains a household or by two or more persons
who maintain a common household. 'Dwelling unit' regarding a
person who rents a space for a manufactured dwelling or
recreational vehicle or regarding a person who rents moorage
space for a floating home as defined in ORS 830.700, but does not
rent the home, means the space rented and not the manufactured
dwelling, recreational vehicle or floating home itself.
(8) 'Essential service' means:
(a) For a tenancy not consisting of rental space for a
manufactured dwelling, floating home or recreational vehicle
owned by the tenant and not otherwise subject to ORS 90.505 to
90.840:
(A) Heat, plumbing, hot and cold running water, gas,
electricity, light fixtures, locks for exterior doors, latches
for windows and any cooking appliance or refrigerator supplied or
required to be supplied by the landlord; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.320, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the dwelling unit unfit for occupancy.
(b) For a tenancy consisting of rental space for a manufactured
dwelling, floating home or recreational vehicle owned by the
tenant or that is otherwise subject to ORS 90.505 to 90.840:
(A) Sewage disposal, water supply, electrical supply and, if
required by applicable law, any drainage system; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.730, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the rented space unfit for occupancy.
(9) 'Facility' means:
(a) A place where four or more manufactured dwellings are
located, the primary purpose of which is to rent space or keep
space for rent to any person for a fee; or
(b) A moorage of contiguous dwelling units that may be legally
transferred as a single unit and are owned by one person where
four or more floating homes are secured, the primary purpose of
which is to rent space or keep space for rent to any person for a
fee.
(10) 'Facility purchase association' means a group of three or
more tenants who reside in a facility and have organized for the
purpose of eventual purchase of the facility.
(11) 'Fee' means a nonrefundable payment of money.
(12) 'First class mail' does not include certified or
registered mail, or any other form of mail that may delay or
hinder actual delivery of mail to the recipient.
(13) 'Floating home' has the meaning given that term in ORS
830.700. As used in this chapter, 'floating home' includes an
accessory building or structure.
(14) 'Good faith' means honesty in fact in the conduct of the
transaction concerned.
(15) 'Hotel or motel' means 'hotel' as that term is defined in
ORS 699.005.
(16) 'Informal dispute resolution' means, but is not limited
to, consultation between the landlord or landlord's agent and one
or more tenants, or mediation utilizing the services of a third
party.
(17) 'Landlord' means the owner, lessor or sublessor of the
dwelling unit or the building or premises of which it is a part.
' Landlord' includes a person who is authorized by the owner,
lessor or sublessor to manage the premises or to enter into a
rental agreement.
(18) 'Landlord's agent' means a person who has oral or written
authority, either express or implied, to act for or on behalf of
a landlord.
(19) 'Last month's rent deposit' means a type of security
deposit, however designated, the primary function of which is to
secure the payment of rent for the last month of the tenancy.
(20) 'Manufactured dwelling' means a residential trailer, a
mobile home or a manufactured home as those terms are defined in
ORS 446.003 { - (26) - } . 'Manufactured dwelling' includes an
accessory building or structure. 'Manufactured dwelling' does not
include a recreational vehicle.
(21) 'Manufactured dwelling park' has the meaning given that
term in ORS 446.003.
(22) 'Organization' includes a corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, and any other legal or commercial
entity.
(23) 'Owner' includes a mortgagee in possession and means one
or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
(24) 'Person' includes an individual or organization.
(25) 'Premises' means a dwelling unit and the structure of
which it is a part and facilities and appurtenances therein and
grounds, areas and facilities held out for the use of tenants
generally or whose use is promised to the tenant.
(26) 'Prepaid rent' means any payment of money to the landlord
for a rent obligation not yet due. In addition, 'prepaid rent'
means rent paid for a period extending beyond a termination date.
(27) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
(28) 'Rent' means any payment to be made to the landlord under
the rental agreement, periodic or otherwise, in exchange for the
right of a tenant and any permitted pet to occupy a dwelling unit
to the exclusion of others. 'Rent' does not include security
deposits, fees or utility or service charges as described in ORS
90.315 (4) and 90.510 (8).
(29) 'Rental agreement' means all agreements, written or oral,
and valid rules and regulations adopted under ORS 90.262 or
90.510 (6) embodying the terms and conditions concerning the use
and occupancy of a dwelling unit and premises. 'Rental agreement'
includes a lease. A rental agreement shall be either a
week-to-week tenancy, month-to-month tenancy or fixed term
tenancy.
(30) 'Roomer' means a person occupying a dwelling unit that
does not include a toilet and either a bathtub or a shower and a
refrigerator, stove and kitchen, all provided by the landlord,
and where one or more of these facilities are used in common by
occupants in the structure.
(31) 'Screening or admission criteria' means a written
statement of any factors a landlord considers in deciding whether
to accept or reject an applicant and any qualifications required
for acceptance. 'Screening or admission criteria' includes, but
is not limited to, the rental history, character references,
public records, criminal records, credit reports, credit
references and incomes or resources of the applicant.
(32) 'Security deposit' means any refundable payment or deposit
of money, however designated, the primary function of which is to
secure the performance of a rental agreement or any part of a
rental agreement, but does not mean a fee.
(33) 'Squatter' means a person occupying a dwelling unit who is
not so entitled under a rental agreement or who is not authorized
by the tenant to occupy that dwelling unit. ' Squatter' does not
include a tenant who holds over as described in ORS 90.427 (4).
(34) 'Statement of policy' means the summary explanation of
information and facility policies to be provided to prospective
and existing tenants under ORS 90.510.
(35) 'Surrender' means an agreement, express or implied, as
described in ORS 90.148 between a landlord and tenant to
terminate a rental agreement that gave the tenant the right to
occupy a dwelling unit.
(36) 'Tenant' means a person, including a roomer, entitled
under a rental agreement to occupy a dwelling unit to the
exclusion of others, including a dwelling unit owned, operated or
controlled by a public housing authority. 'Tenant' also includes
a minor, as defined and provided for in ORS 109.697. As used in
ORS 90.505 to 90.840, 'tenant' includes only a person who owns
and occupies as a residence a manufactured dwelling or a floating
home in a facility and persons residing with that tenant under
the terms of the rental agreement.
(37) 'Transient lodging' means a room or a suite of rooms.
(38) 'Transient occupancy' means occupancy in transient lodging
that has all of the following characteristics:
(a) Occupancy is charged on a daily basis and is not collected
more than six days in advance;
(b) The lodging operator provides maid and linen service daily
or every two days as part of the regularly charged cost of
occupancy; and
(c) The period of occupancy does not exceed 30 days.
(39) 'Vacation occupancy' means occupancy in a dwelling unit,
not including transient occupancy in a hotel or motel, that has
all of the following characteristics:
(a) The occupant rents the unit for vacation purposes only, not
as a principal residence;
(b) The occupant has a principal residence other than at the
unit; and
(c) The period of authorized occupancy does not exceed 45 days.
(40) 'Week-to-week tenancy' means a tenancy that has all of the
following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
(b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under
this chapter; and
(c) There are no fees or security deposits, although the
landlord may require the payment of an applicant screening
charge, as provided in ORS 90.295.
SECTION 222. ORS 182.472 is amended to read:
182.472. Not later than the first day of each regular session
of the Legislative Assembly, each board shall submit a report to
the Governor and the Legislative Assembly as provided in ORS
192.245. For each board, the report shall include the following:
(1) A copy of the most recent audit required by ORS 182.464;
(2) A copy of any budget adopted by the board for the
subsequent biennium in accordance with ORS 182.462;
(3) A description of the public hearing process for setting
budgets;
(4) A description of fee changes and justifications for fee
changes;
(5) A description of the number of licenses, permits,
certificates and registrations applied for, issued and revoked;
(6) A description of the number of complaints reported and
investigated and a list of the number and types of sanctions
imposed;
(7) A description of all rules adopted or repealed, including
temporary and permanent rules;
(8) A description of the number of public meetings or work
sessions held by the board;
(9) A description of the board's consumer publications and
outreach programs;
(10) An explanation of any revenue increase causing revenue to
exceed { - 1995-1997 - } budget levels { + for the preceding
biennium + }, including what portion of the increase, if any, is
due to an increase in the number of licenses issued;
(11) An explanation of how any revenue increase that caused
revenue to exceed 1995-1997 budget levels was expended;
(12) An explanation of how the board has adequately and
effectively discharged the lawful responsibilities of the board
concerning:
(a) Licensing;
(b) Enforcement;
(c) Consumer and professional education and information;
(d) Responses to consumer complaints; and
(e) Responses to requests from the Governor's office; and
(13) A statement of whether the personnel policies and
contracting and purchasing procedures followed by the board:
(a) Comply with applicable state and federal law; and
(b) Have resulted in time or resource savings and the amount
and use made of any such savings.
SECTION 223. ORS 183.457 is amended to read:
183.457. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and
unless otherwise authorized by another law, a person
participating in a contested case hearing conducted by an agency
described in this subsection may be represented by an attorney or
by an authorized representative subject to the provisions of
subsection (2) of this section. The Attorney General shall
prepare model rules for proceedings with lay representation that
do not have the effect of precluding lay representation. No rule
adopted by a state agency shall have the effect of precluding lay
representation. The agencies before which an authorized
representative may appear are:
(a) The State Landscape Contractors Board in the administration
of the Landscape Contractors Law.
(b) The Office of Energy and the Energy Facility Siting
Council.
(c) The Environmental Quality Commission and the Department of
Environmental Quality.
(d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.
(e) The { - Department of Consumer and Business Services and
any other agency - } { + Building Codes Structures Board, the
Board of Boiler Rules, the Electrical and Elevator Board, the
Manufactured Structures and Parks Board and the State Plumbing
Board + } for the purpose of proceedings to enforce the state
building code, as defined by ORS 455.010.
(f) The State Fire Marshal in the Department of State Police.
(g) The Division of State Lands for proceedings regarding the
issuance or denial of fill or removal permits under ORS 196.800
to 196.825.
(h) The Public Utility Commission.
(i) The Water Resources Commission and the Water Resources
Department.
(j) The Land Conservation and Development Commission and the
Department of Land Conservation and Development.
(k) The State Department of Agriculture, for purposes of
hearings under ORS 215.705.
(L) The Bureau of Labor and Industries.
(2) A person participating in a contested case hearing as
provided in subsection (1) of this section may appear by an
authorized representative if:
(a) The agency conducting the contested case hearing has
determined that appearance of such a person by an authorized
representative will not hinder the orderly and timely development
of the record in the type of contested case hearing being
conducted;
(b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such
participants in the type of contested case hearing being
conducted; and
(c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's
presentation of evidence, examination and cross-examination of
witnesses, or presentation of factual arguments to ensure the
orderly and timely development of the hearing record, and shall
not allow an authorized representative to present legal arguments
except to the extent authorized under subsection (3) of this
section.
(3) The officer presiding at a contested case hearing in which
an authorized representative appears under the provisions of this
section may allow the authorized representative to present
evidence, examine and cross-examine witnesses, and make arguments
relating to the:
(a) Application of statutes and rules to the facts in the
contested case;
(b) Actions taken by the agency in the past in similar
situations;
(c) Literal meaning of the statutes or rules at issue in the
contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing.
(4) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized
representative shall be the basis for reversal or remand of
agency action unless the limitation resulted in substantial
prejudice to a person entitled to judicial review of the agency
action.
(5) For the purposes of this section, 'authorized
representative' means a member of a participating partnership, an
authorized officer or regular employee of a participating
corporation, association or organized group, or an authorized
officer or employee of a participating governmental authority
other than a state agency.
SECTION 224. ORS 197.314 is amended to read:
197.314. (1) Notwithstanding ORS 197.296, 197.298, 197.299,
197.301, 197.302, 197.303, 197.307, 197.312 and 197.313, within
urban growth boundaries each city and county shall amend its
comprehensive plan and land use regulations for all land zoned
for single-family residential uses to allow for siting of
manufactured homes as defined in ORS 446.003 { - (26)(a)(C) - }
. A local government may only subject the siting of a
manufactured home allowed under this section to regulation as set
forth in ORS 197.307 (5).
(2) Cities and counties shall adopt and amend comprehensive
plans and land use regulations under subsection (1) of this
section according to the provisions of ORS 197.610 to 197.638.
(3) Subsection (1) of this section does not apply to any area
designated in an acknowledged comprehensive plan or land use
regulation as a historic district or residential land immediately
adjacent to a historic landmark.
(4) Manufactured homes on individual lots zoned for
single-family residential use in subsection (1) of this section
shall be in addition to manufactured homes on lots within
designated manufactured dwelling subdivisions.
(5) Within any residential zone inside an urban growth boundary
where a manufactured dwelling park is otherwise allowed, a city
or county shall not adopt, by charter or ordinance, a minimum lot
size for a manufactured dwelling park that is larger than one
acre.
(6) A city or county may adopt the following standards for the
approval of manufactured homes located in manufactured dwelling
parks that are smaller than three acres:
(a) The manufactured home shall have a pitched roof, except
that no standard shall require a slope of greater than a nominal
three feet in height for each 12 feet in width.
(b) The manufactured home shall have exterior siding and
roofing that, in color, material and appearance, is similar to
the exterior siding and roofing material commonly used on
residential dwellings within the community or that is comparable
to the predominant materials used on surrounding dwellings as
determined by the local permit approval authority.
(7) This section shall not be construed as abrogating a
recorded restrictive covenant.
SECTION 225. ORS 215.236 is amended to read:
215.236. (1) As used in this section, 'dwelling' means a
single-family residential dwelling not provided in conjunction
with farm use.
(2) The governing body or its designate shall not grant final
approval of an application made under ORS 215.213 (3) or 215.284
(1), (2), (3) or (4) for the establishment of a dwelling on a lot
or parcel in an exclusive farm use zone that is, or has been,
receiving special assessment without evidence that the lot or
parcel upon which the dwelling is proposed has been disqualified
for special assessment at value for farm use under ORS 308A.050
to 308A.128 or other special assessment under ORS 308A.315,
321.257 to 321.390, 321.730 or 321.815 and any additional tax
imposed as the result of disqualification has been paid.
(3) The governing body or its designate may grant tentative
approval of an application made under ORS 215.213 (3) or 215.284
(1), (2), (3) or (4) for the establishment of a dwelling on a lot
or parcel in an exclusive farm use zone that is specially
assessed at value for farm use under ORS 308A.050 to 308A.128
upon making the findings required by ORS 215.213 (3) or 215.284
(1), (2), (3) or (4). An application for the establishment of a
dwelling that has been tentatively approved shall be given final
approval by the governing body or its designate upon receipt of
evidence that the lot or parcel upon which establishment of the
dwelling is proposed has been disqualified for special assessment
at value for farm use under ORS 308A.050 to 308A.128 and any
additional tax imposed as the result of disqualification has been
paid.
(4) The owner of a lot or parcel upon which the establishment
of a dwelling has been tentatively approved as provided by
subsection (3) of this section shall, before final approval,
simultaneously:
(a) Notify the county assessor that the lot or parcel is no
longer being used as farmland;
(b) Request that the county assessor disqualify the lot or
parcel for special assessment under ORS 308A.050 to 308A.128,
308A.315, 321.257 to 321.390, 321.730 or 321.815; and
(c) Pay any additional tax imposed upon disqualification from
special assessment.
(5) A lot or parcel that has been disqualified pursuant to
subsection (4) of this section shall not requalify for special
assessment unless, when combined with another contiguous lot or
parcel, it constitutes a qualifying parcel.
(6) When the owner of a lot or parcel upon which the
establishment of a dwelling has been tentatively approved
notifies the county assessor that the lot or parcel is no longer
being used as farmland and requests disqualification of the lot
or parcel for special assessment at value for farm use, the
county assessor shall:
(a) Disqualify the lot or parcel for special assessment at
value for farm use under ORS 308A.050 to 308A.128 or other
special assessment by removing the special assessment;
(b) Provide the owner of the lot or parcel with written notice
of the disqualification; and
(c) Impose the additional tax, if any, provided by statute upon
disqualification.
(7) The { - Department of Consumer and Business Services - }
{ + Building Codes Structures Board, the Board of Boiler Rules,
the Electrical and Elevator Board, the Manufactured Structures
and Parks Board and the State Plumbing Board + }, a building
official, as defined in ORS 455.715 (1), or any other agency or
official responsible for the administration and enforcement of
the state building code, as defined in ORS 455.010,
{ - shall - } { + may + } not issue a building permit for the
construction of a dwelling on a lot or parcel in an exclusive
farm use zone without evidence that the owner of the lot or
parcel upon which the dwelling is proposed to be constructed has
paid the additional tax, if any, imposed by the county assessor
under subsection (6)(c) of this section.
SECTION 226. ORS 421.645 is amended to read:
421.645. (1) Notwithstanding ORS 195.025, 197.175, 197.180,
215.130 (4), 227.286 or 455.150 or any other provision of law,
including but not limited to statutes, ordinances, regulations
and charter provisions, the { - Director of the Department of
Consumer and Business Services, through the Building Codes
Division, - } { + the Building Codes Structures Board + } shall
exercise authority for the issuance of all permits required under
the state building code for the construction and operation of the
women's correctional facility and intake center complex approved
under ORS 421.643.
(2) All other state agencies, including but not limited to the
Department of Environmental Quality, shall issue such permits
within the authority of the agency as may be necessary for the
construction and operation of the complex.
(3) Within the authority of the city, county or political
subdivision, each city, county and political subdivision shall
issue the appropriate permits, licenses and certificates not
issued under subsections (1) and (2) of this section, including
all necessary construction permits over public rights of way, and
enter into any intergovernmental agreements as may be necessary
for the construction and operation of the complex.
(4) A state agency or local government that issues a permit,
license or certificate under subsections (1) to (7) of this
section shall continue to exercise enforcement authority over the
permit, license or certificate.
(5) Except as provided in ORS 421.649, nothing in ORS 421.635
to 421.657 expands or otherwise alters the obligations of a city,
county or political subdivision to pay for infrastructure
improvements for the complex.
(6)(a) State agencies and local governments shall issue any
permit, license or certificate required under subsections (1) to
(3) of this section within 60 days of receiving a completed
application for the permit, license or certificate from the
Department of Corrections or a person acting on behalf of the
department. A state agency or local government may impose
reasonable conditions on any permit, license or certificate but
may not deny the permit, license or certificate unless denial is
required under federal law.
(b) If a permit, license or certificate required under
subsections (1) to (7) of this section is not issued within 60
days of receiving a completed application, the Department of
Corrections may file a petition for a writ of mandamus in the
circuit court for the jurisdiction of the affected local
government to compel issuance of the permit, license or
certificate. The writ shall issue unless the local government can
demonstrate by clear and convincing evidence that issuing the
permit, license or certificate would violate a substantive
provision of the state building code, exceed the local
government's statutory authority or violate federal law.
(c) Proceedings on a petition for a writ of mandamus under this
subsection shall comply with the applicable provisions of ORS
chapter 34.
(7) The issuance of any permit, license or certificate under
subsections (1) to (7) of this section and any construction or
development undertaken pursuant to such permit, license or
certificate shall not be considered in support of or in
opposition to an application for a land use decision under ORS
chapter 197, 215 or 227.
(8) In accordance with the applicable provisions of ORS 183.310
to 183.550 and notwithstanding ORS 455.035, the { - Director of
the Department of Consumer and Business Services - } { +
Building Codes Structures Board + } shall adopt such rules as the
{ - director - } { + board + } determines necessary to
implement the provisions of subsections (1) to (7) of this
section.
SECTION 227. ORS 455.345 is amended to read:
455.345. (1) Permit, fee, plan check and inspection
requirements { - required by ORS 455.210 - } shall apply to
owner-built dwellings and outbuildings exempted from the
structural code under ORS 455.330.
(2) Building officials or specialty code inspectors licensed
under ORS 455.457 inspecting structures exempted from the
structural code under ORS 455.325 to 455.350, shall:
(a) Require the owner-builder to comply with those structural
code requirements listed under ORS 455.340; and
(b) Inform the owner-builder in writing of those items
{ - which - } { + that + } fail to comply with code standards
and are exempt from code standards and make that information part
of the permanent inspection record on the structures.
(3) An owner-builder of a structure exempted from the
structural code under ORS 455.325 to 455.350 shall file a notice
with the county clerk who shall make the notice a part of the
permanent deed record of the property. That notice shall contain
the information provided to the owner-builder under subsection
(2)(b) of this section and a description of the property
sufficient if { - it - } { + the description + } were
contained in a mortgage of the property to give constructive
notice of the mortgage under the law of this state.
(4) Any person, or that person's agent, selling an owner-built
dwelling or outbuilding exempted from the structural code under
ORS 455.325 to 455.350 shall notify each potential buyer of the
existence, location and contents of the notice filed under
subsection (3) of this section prior to any commitment to
purchase the property.
SECTION 228. ORS 456.579 is amended to read:
456.579. (1) There is established in the General Fund an
account to be known as the Mobile Home Parks Purchase Account.
Except as otherwise provided by law, all moneys appropriated or
credited to the Mobile Home Parks Purchase Account are
appropriated continuously for and shall be used by the director
of the Housing and Community Services Department for the purpose
of carrying out the duties and responsibilities imposed upon the
Housing and Community Services Department under ORS 90.100,
90.630, 90.760, 90.800 to 90.840, 308.905, { - 446.003, - }
456.579 and 456.581. Interest earned on the account shall be
credited to the account.
(2) Except for loans provided in ORS 90.840, the account
described in subsection (1) of this section shall not be
connected to or commingled in any way with the funds described in
ORS 456.720.
(3) For the purpose of carrying out the provisions of ORS
90.100, 90.630, 90.760, 90.800 to 90.840, 308.905,
{ - 446.003, - } 456.579 and 456.581, the Housing and Community
Services Department may seek funds from sources other than that
described in ORS 308.905 (1). Such funds shall be credited to the
Mobile Home Parks Purchase Account.
SECTION 229. ORS 479.155 is amended to read:
479.155. (1) As used in this section, 'director' means the
Director of the Department of Consumer and Business Services.
(2) Prior to construction or alteration of a hospital, public
building as defined in ORS 479.010 (1), public garage, dry
cleaning establishment, apartment house, hotel, bulk oil storage
plant, school, institution as defined in ORS 479.210, or any
other building or structure regulated by the State Fire Marshal
for use and occupancy or requiring approval by the State Fire
Marshal pursuant to statute, the owner shall submit to the
director two copies of a plan or sketch showing the location of
the building or structure with relation to the premises,
distances, lengths and details of construction as the director
shall require. Such filing shall not be required with respect to
any such building or structure in any area exempted by order of
the State Fire Marshal pursuant to ORS 476.030. Approval of such
plans by the director shall be considered approval by the State
Fire Marshal and shall satisfy any statutory provision requiring
approval by the State Fire Marshal.
(3) A declaration of the value of the proposed construction or
alteration and the appropriate fee { - required under ORS
455.210 - } shall accompany the plan or sketch. However, the
determination of value or valuation shall be made by the
director.
(4) The director shall be furnished with not fewer than two
accurate copies of the plan or sketch and details for the purpose
of ascertaining compliance with applicable fire prevention and
protection statutes and regulations. The plan examiner shall
indicate on the plan or sketch and in writing approval or
disapproval and conditions for approval of the construction or
alteration. One copy of the plan or sketch shall be retained by
the director and one copy shall be returned to the applicant. No
building or structure referred to in subsection (2) of this
section shall be erected or constructed without approval by the
director if the building or structure requires approval by the
State Fire Marshal. After such approval or issuance of the
required permit, construction or alteration shall comply with the
plan or sketch in all respects unless modified by subsequent
permit or order of the director.
(5) The approval of a plan or sketch shall not be construed to
be a permit for, or an approval of, any violation of any statute
or regulation or the applicable ordinances and regulations of any
governmental subdivision of the state. The approval of a plan or
sketch shall not be construed as an approval for noncompliance
with fire marshal regulations. Any condition upon approval or
disapproval shall be deemed an order subject to appeal as other
orders are appealable.
(6) Notwithstanding the requirements of subsections (2) and (4)
of this section, the State Fire Marshal may, by rule, require an
additional copy of a plan or sketch for local government use and
may specify that plans or sketches submitted for review be drawn
clearly and to scale.
SECTION 230. ORS 705.705 is amended to read:
705.705. (1) The Tri-County Building Industry Service Board
shall establish a Tri-County Building Industry Service Center to
make available to licensed contractors and their employees, local
governments and the public the resources and services described
in ORS 705.710. The { - Department of Consumer and Business
Services - } { + Building Codes Structures Board + } shall
provide staff to support the activities of the service center.
Staff shall be considered public employees for purposes of the
State Personnel Relations Law.
(2) In accordance with ORS 183.310 to 183.550, the { +
service + } board shall adopt rules necessary for enforcing the
laws that the { + service + } board is charged with
administering.
(3) With the approval of the { - Director of the Department
of Consumer and Business Services - } { + Building Codes
Structures Board + }, the { + service + } board may adopt by
rule a reasonable fee schedule for the purpose of recovering the
costs incurred by the board and the service center in providing
services under ORS 705.710. Fees adopted and imposed under this
section shall be in addition to the total permit fees otherwise
imposed in Clackamas, Multnomah and Washington Counties. A
municipality shall collect fees adopted and imposed under this
section and remit the fees to the { - director - } { +
service board + }. { - The director shall deposit the fees in
the Tri-County Building Industry Service Center Account
established under ORS 705.720. - }
SECTION 231. ORS 705.145 is amended to read:
705.145. (1) There is created in the State Treasury a fund to
be known as the Consumer and Business Services Fund, separate
from the General Fund. All moneys collected or received by the
Department of Consumer and Business Services, except moneys
collected pursuant to ORS 735.612 and those moneys required to be
paid into the Workers' Benefit Fund, shall be paid into the State
Treasury and credited to the Consumer and Business Services Fund.
Moneys in the fund may be invested in the same manner as other
state moneys and any interest earned shall be credited to the
fund.
(2) The department shall keep a record of all moneys deposited
in the Consumer and Business Services Fund which shall indicate,
by separate account, the source from which the moneys are
derived, the interest earned and the activity or program against
which any withdrawal is charged.
(3) Should moneys credited to any one account be withdrawn,
transferred or otherwise used for purposes other than the program
or activity for which the account is established, interest shall
accrue on the amount withdrawn from the date of withdrawal and
until such funds are restored.
(4) Moneys in the fund shall provide and are appropriated for
the administrative expenses of the department and for its
expenses in carrying out its functions and duties under any
provision of law.
(5) It is the intention of the Legislative Assembly that the
performance of the various duties and functions of the department
in connection with each of its programs shall be financed by the
fees, assessments and charges established and collected in
connection with those programs.
(6) There is created by transfer from the Consumer and Business
Services Fund a revolving administrative account in the amount of
$100,000. The revolving account shall be disbursed by checks or
orders issued by the director or the Workers' Compensation Board
and drawn upon the State Treasury, to carry on the duties and
functions of the department and the board. All checks or orders
paid from the revolving account shall be reimbursed by a warrant
drawn in favor of the department charged against the Consumer and
Business Services Fund and recorded in the appropriate subsidiary
record.
(7) For the purposes of ORS chapter 656, the revolving account
created pursuant to subsection (6) of this section may also be
used to:
(a) Pay compensation benefits; and
(b) Refund to employers amounts paid to the Consumer and
Business Services Fund in excess of the amounts required by ORS
chapter 656.
(8) There is established in the Consumer and Business Services
Fund the Banking Education Assessment Account. All moneys in the
account are appropriated continuously for use by the Conference
of State Bank Supervisors Education Foundation to provide quality
training and education for state bank examiners.
{ - (9) There is established in the Consumer and Business
Services Fund the Manufactured Structures and Parks Education
Account. Moneys that are specifically designated as training fees
and that are collected under ORS 446.176 and 455.220 (1) shall be
deposited in the account. All moneys in the account are
appropriated continuously for use by the Department of Consumer
and Business Services to provide quality training and education
for persons employed in producing, selling, installing,
delivering or inspecting manufactured structures or buildings, or
inspecting parks or camps. Notwithstanding the applicable
provisions of ORS chapter 279, the department may, with the
advice of the Manufactured Structures and Parks Advisory Board
established under ORS 446.280, contract with a public or private
person to develop or provide training and education programs. - }
SECTION 232. Section 8, chapter 1082, Oregon Laws 1999, is
amended to read:
{ + Sec. 8. + } The { - Director of the Department of
Consumer and Business Services - } { + Building Codes
Structures Board + } shall conduct a review of the building
inspection program of each municipality in Clackamas, Multnomah
and Washington Counties under ORS 455.150 (11). The results of
the review shall be made immediately available to the Tri-County
Building Industry Service Board upon completion of the review.
Based on the results of the review, the { + service + } board
may recommend to the { - department - } { + Building Codes
Structures Board + } that the { - department - } { +
board + } take such action as the { + service + } board
determines necessary to ensure the effective and efficient
administration of the state building code.
SECTION 233. { + ORS 670.380 and 705.720 and section 10,
chapter 1045, Oregon Laws 1999, are repealed. + }
{ +
UNIT CAPTIONS + }
SECTION 234. { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
{ +
OPERATIVE DATE + }
SECTION 235. { + (1) Sections 1 to 7, 99, 100 and 159 of this
2001 Act and the amendments to and repeal of statutes by sections
8 to 24, 26 to 98, 101 to 158 and 160 to 233 of this 2001 Act
become operative on July 1, 2002.
(2) The Construction Contractors Board, State Landscape
Contractors Board, Appraiser Certification and Licensure Board,
Director of the Department of Consumer and Business Services,
Department of Consumer and Business Services, Building Codes
Structures Board, Board of Boiler Rules, Electrical and Elevator
Board, Manufactured Structures and Parks Advisory Board, State
Plumbing Board, Tri-County Building Industry Service Board,
Secretary of State, State Treasurer and any other state agency or
official may take all reasonable and necessary actions to
facilitate carrying out the purposes of sections 1 to 7, 99, 100
and 159 of this 2001 Act and the amendments to and repeal of
statutes by sections 8 to 24, 26 to 98, 101 to 158 and 160 to 233
of this 2001 Act prior to the operative date of sections 1 to 7,
99, 100 and 159 of this 2001 Act and the amendments to and repeal
of statutes by sections 8 to 24, 26 to 98, 101 to 158 and 160 to
233 of this 2001 Act. + }
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