72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2447
 
LC 1167/HB 2447-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2447
 
      By COMMITTEE ON BUSINESS, LABOR AND CONSUMER AFFAIRS
 
                            April 29
 
  On page 1 of the printed bill, line 3, after 'ORS' delete the
rest of the line and insert '455.156; and declaring an
emergency.'.
  Delete lines 5 through 31 and pages 2 through 5 and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2003 Act is added
to and made a part of ORS chapter 455. + }
  '  { +  SECTION 2. + }  { +  (1) A person who is registered,
licensed or certified by the State Plumbing Board or the Director
of the Department of Consumer and Business Services pursuant to
ORS 447.030, 460.055, 460.057, 460.059, 479.630, 479.810,
479.910, 480.565 or 693.060 must wear and visibly display an
identification badge indicating the person's current license,
registration or certification status while performing work for
which the license, registration or certification is required. The
authority that registers, licenses or certifies the person shall
specify the size and content of the identification badge and may
establish such other specifications as the authority deems
appropriate.
  ' (2) Subsection (1) of this section does not apply under any
circumstances in which wearing or displaying the identification
badge may create a danger to the public health or safety of the
person or the public.
  ' (3) Nothing in this section is intended to require the
display of a contractor or business license, registration,
certification or other authorization. + }
  '  { +  SECTION 3. + } 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 447.156, 447.992,
479.510 to 479.945, 479.990 or 479.995, the Department of
Consumer and Business Services shall carry out the provisions of
this section.
  ' (2)(a) A municipality that establishes a building inspection
program under ORS 455.148 or a plumbing inspection program under
ORS 455.150 covering installations under the plumbing specialty
code or One and Two Family Dwelling Code may act on behalf of the
State Plumbing Board to investigate violations of and enforce ORS
447.030, 447.040, 693.030 and 693.040 and to issue notices of
proposed assessment of civil penalties for those violations.
  ' (b) A municipality that establishes a building inspection
program under ORS 455.148 or an electrical inspection program
under ORS 455.150 covering installations under the electrical
specialty code or One and Two Family Dwelling Code may act on
behalf of the Electrical and Elevator Board to investigate
violations of and enforce ORS 479.550 (1) and 479.620 and to
issue notices of proposed assessment of civil penalties for those
violations.
  '  { +  (c) A municipality that establishes a building
inspection program under ORS 455.148 or 455.150 may investigate
violations and enforce any provisions of the program administered
by the municipality. + }
  ' (3) The department shall establish:
  ' (a) Procedures, forms and standards to carry out the
provisions of this section, including but not limited to creating
preprinted notices of proposed assessment of penalties that can
be completed and served by municipal inspectors;
  ' (b) A program to provide that all of the moneys recovered by
the department, less collection expenses, be paid to the
municipality that initiated the charges when a person charged
with a violation as provided in subsection (2) of this
section { + , other than a violation of a licensing
requirement, + } agrees to the entry of an assessment of civil
penalty or does not   { - ask for - }  { +  request + } a
hearing, and an order assessing a penalty is entered against the
person;
  '  { +  (c) A uniform citation process to be used in all
jurisdictions of the state. The process may include all program
areas administered by a municipality under ORS 455.148 or 455.150
and may provide a uniform method for checking license status and
issuing citations, and a consistent basis for enforcement,
including fine amounts; + }
  '  { - (c) - }  { +  (d) + } A program to provide a division of
the moneys recovered by the department with the municipality that
initiated the charges, when a person charged with a violation as
provided in subsection (2) of this section { + , other than a
violation of a licensing requirement, + } requests a hearing and
is assessed a penalty. One-half of the amounts recovered shall be
paid to the municipality. The department shall keep an amount
equal to its costs of processing the proceeding and collection
expenses out of the remaining one-half and remit the balance, if
any, to the municipality; and
  '  { - (d) - }  { +  (e) + } A program to require
municipalities to investigate violations of the department'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) Pay the agents of the boards out of net civil penalty
recoveries as if the recoveries were under paragraphs (b) and
  { - (c) - }   { + (d) + } of this subsection.
  ' (4) The assessment of a civil penalty under this section by a
municipality is subject to the amount limitations set forth in
ORS 455.895.
  ' (5)(a) It shall be a defense for any person charged with a
penalty for violation of a building inspection program permit
requirement covering plumbing installations under the plumbing
specialty code, electrical permit requirements under ORS 479.550
or plumbing or electrical requirements under the One and Two
Family Dwelling Code that the person was previously penalized for
the same occurrence.
  ' (b) A building inspection program permit requirement is a
requirement contained in a specialty code or municipal ordinance
or rule requiring a permit before the particular installations
covered by the codes are commenced.
  ' (c) A penalty for the same occurrence includes a combination
of two or more of the following that are based on the same
plumbing or electrical installation:
  ' (A)(i) An investigative or other fee added to an electrical
permit fee when a permit was obtained after the electrical
installation was started;
  ' (ii) A civil penalty pursuant to ORS 479.995 for violation of
ORS 479.550 for failure to obtain an electrical permit;
 
 
  ' (iii) A civil penalty pursuant to ORS 455.895 for failure to
obtain an electrical permit under the One and Two Family Dwelling
Code; or
  ' (iv) A municipal penalty, other than an investigative fee,
for making an electrical installation under the electrical
specialty code or the One and Two Family Dwelling Code without a
permit; or
  ' (B)(i) An investigative or other fee added to a plumbing
permit fee when a permit was obtained after the plumbing
installation was started;
  ' (ii) A civil penalty pursuant to ORS 447.992 for failure to
obtain a plumbing permit as required under the plumbing specialty
code;
  ' (iii) A civil penalty pursuant to ORS 455.895 for failure to
obtain a plumbing permit under the One and Two Family Dwelling
Code; or
  ' (iv) A municipal penalty, other than an investigative fee,
for making a plumbing installation under the plumbing specialty
code or the One and Two Family Dwelling Code without a permit.
  '  { +  SECTION 4. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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