72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1167
A-Engrossed
House Bill 2447
Ordered by the House April 29
Including House Amendments dated April 29
Sponsored by Representative HANSEN (at the request of United
Plumbers Local 290, Plumbing Mechanical Contractors
Association)
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.
Requires certain building code professionals to wear visible
identification when providing professional services. { +
Provides exception for health or safety reasons.
Modifies procedure for municipality investigating and enforcing
building inspection program.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to worksite identification for building code
professionals; creating new provisions; amending ORS 455.156;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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