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 1257
A-Engrossed
House Bill 2717
Ordered by the House April 16
Including House Amendments dated April 16
Sponsored by Representative HASS
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.
Prohibits installing { + , selling or disposing of + }
electrical product that is not certified { - or does not - }
{ + to + } meet { - minimum - } { + certain + } safety
standards.
{ + Directs Electrical and Elevator Board and Director of
Department of Consumer and Business Services to establish
electrical product safety standards. Provides exemptions. + }
A BILL FOR AN ACT
Relating to electrical installations; amending ORS 479.520,
479.530, 479.540, 479.610, 479.730, 479.760 and 479.820.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 the public that persons making electrical
installations in this state are qualified by experience and
training.
(3) To assure the public that electrical installations
{ - made and electrical products sold in this state - } meet
minimum safety standards { + and that electrical products meet
electrical product 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 2. ORS 479.530 is amended to read:
479.530. As used in ORS 479.510 to 479.945 and 479.995, 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 { + Electrical and
Elevator + } Board under ORS 479.730.
(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
455.148 or 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) '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) '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) 'Electrical product' means any electrical equipment,
appliance, material, device or apparatus to convey or be operated
by electrical current.
(11) '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) '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) '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) '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) 'License' means an annual permit issued by the department
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) 'Minimum safety standards' means safety standards
prescribed by { + concurrence of the board and + }the
{ - department - } { + director + } under ORS 479.730.
(17) 'Multifamily dwelling' means a building containing more
than one dwelling unit.
(18) '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) 'Permit' means an official document or card issued by the
enforcing agency to authorize performance of a specified
electrical installation.
(20) 'Single family dwelling' means a building consisting
solely of one dwelling unit.
(21) 'Uncertified product' means any electrical product that is
not an electrical product certified under ORS 479.760.
SECTION 3. ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection, a
person is not required to obtain a license to make an electrical
installation on property that is owned by the person or a member
of the person's immediate family if the property is not intended
for sale, exchange, lease or rent. The following apply to the
exemption established in this subsection:
(a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
(b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property. As used in
this paragraph, 'new electrical installations or substantial
alterations' does not include the replacement of an existing
garbage disposal, dishwasher or electric hot water heater with a
similar appliance of 30 amps or less, single phase, by a
landlord, landlord's agent or the employee of the landlord or
landlord's agent.
(2) 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 it - } { + that the utility, carrier or
municipality + } owns or manages.
(3) 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) 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) 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 and 479.995 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) A permit is not required:
(a) For the repair or replacement of light fixtures, light
switches, lighting ballast, electrical outlets or smoke alarms in
a building used for housing purposes that is owned, leased,
managed or operated by a housing authority; or
(b) For the repair, alteration or replacement of existing
electrical products or electrical installations authorized by ORS
479.560 (3) at an industrial plant, a commercial office building,
a building that is owned, leased, managed or operated by the
state or a local government entity or other facilities designated
by the Electrical and Elevator Board when the owner, operating
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, a permit is not
required in advance for electrical installation made by a person
licensed as a general supervising electrician, a general
journeyman electrician or an electrical apprentice under ORS
479.630 if an application accompanied by appropriate fee for a
permit is submitted to the Department of Consumer and Business
Services within five days after the commencement of such
electrical work.
(8)(a) A license or permit is not required for the installation
or assembly of industrial electrical equipment by the duly
authorized agents of the factory, vendor or owner.
(b) The license and permit exemptions of this subsection do not
apply to activity in an area where industrial electrical
equipment is installed in or enters a hazardous location or
penetrates or enters a fire rated assembly or plenum rated
assembly.
(c) As used in this subsection:
(A) 'Duly authorized agents' means individuals trained by the
factory or a vendor or by experience and who are knowledgeable in
the operation, maintenance, repair and installation of industrial
electrical equipment.
(B) 'Installation or assembly' means the reassembly at a job
site of equipment that is wired and assembled at the factory and
then disassembled for shipping purposes or of existing equipment
that is relocated. 'Installation or assembly' does not include
work involving field fabricated assemblies or any other
electrical product that is not an original part of the industrial
electrical equipment. 'Installation or assembly' does not include
the connection of industrial electrical equipment to a power
source.
(9) A person is not required to obtain a license or permit to
set in place and connect a certified electrical product as long
as the work performed is not an electrical installation as
defined in ORS 479.530.
(10) The provisions of ORS 479.510 to 479.945 and 479.995 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.
(11)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS
455.610 to 455.630 or 479.510 to 479.945 and 479.995 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
and 479.995.
(12) ORS 479.760 does not apply to products described in this
subsection that comply with the { - minimum electrical
installation safety code - } { + electrical product safety
standards established by concurrence of the board and the
Director of the Department of Consumer and Business Services as
described under ORS 479.730 + }. This subsection does not exempt
any products used in locations determined to be hazardous in the
electrical code of this state. The following apply to this
subsection:
(a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
{ - (A) Industrial electrical equipment that is factory wired
using separately certified components and is custom-made, limited
produced or outside the scope, as determined by the Director of
the Department of Consumer and Business Services, of the
standards and requirements of Underwriters Laboratories, Canadian
Standards Association or American National Standards Institute as
in effect on October 23, 1999. - }
{ - (B) - } { + (A) + } The rotating equipment portion of
power generation equipment.
{ - (C) - } { + (B) + } Testing equipment used in a
laboratory or hospital.
{ - (D) - } { + (C) + } Commercial electrical air
conditioning equipment.
{ - (E) - } { + (D) + } 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 - } { + meet the electrical product safety standards
established by concurrence of the board and the director + }.
(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.
{ + (13)(a) ORS 479.610 does not apply to industrial
electrical equipment unless the board determines that the product
or class of products may present a fire or life safety hazard.
(b) The board may reinstate an exemption removed under this
subsection if the product qualifies for reinstatement under:
(A) An equipment safety program approved by the board;
(B) Equipment minimum safety standards established by
concurrence of the board and the director;
(C) An evaluation by an approved field evaluation firm;
(D) A listing from a nationally recognized testing laboratory;
(E) An evaluation of a first model of a product by the board;
or
(F) Any other method approved by the board. + }
{ - (13) - } { + (14) + } 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.
{ - (14) - } { + (15) + } 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 and 479.995 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.
{ - (15) - } { + (16) + } 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.
{ - (16) - } { + (17) + } A permit is not required for
those minor electrical installations for which the board has
authorized an installation label.
{ - (17) - } { + (18) + } A residential home, as defined in
ORS 443.580, and an adult foster home, as defined in ORS 443.705,
is not a multifamily dwelling and only electrical installation
standards and safety requirements applicable to single family
dwellings apply to such homes.
{ - (18) - } { + (19) + } The permit requirements of ORS
479.550 and the license requirements of ORS 479.620 do not apply
to cable television installations.
{ - (19) - } { + (20) + } The provisions of any electrical
products code or rule adopted pursuant to ORS 479.510 to 479.945
and 479.995 apply to cable and such products installed as part of
a cable television installation.
{ - (20) - } { + (21) + } As used in this section, 'smoke
alarm' shall have the meaning given that term under ORS 479.250.
SECTION 4. ORS 479.610 is amended to read:
479.610. Except as provided under ORS 479.540, { - no - }
{ + a + } person
{ - shall - } { + may not + } sell or dispose of { + an
electrical product + } by gift or otherwise in connection with
the person's business { - an electrical product that is not
certified or evaluated under the requirements of ORS 479.510 to
479.945 and 479.995 - } { + unless the product is certified
under ORS 479.760 + }.
SECTION 5. ORS 479.760 is amended to read:
479.760. (1) An electrical product may not be certified unless
{ - it - } { + the product + } meets { - minimum - } { +
electrical product + } safety standards { + established in rule
by concurrence of the Electrical and Elevator Board and the
Director of the Department of Consumer and Business Services + }.
(2) Any person may apply to have the Department of Consumer and
Business Services certify an electrical product. The department
shall certify an electrical product if { - it - } { + the
product + } is shown to meet { - minimum - } { + electrical
product + } safety standards by one of the following methods:
{ + (a) An equipment safety program approved by the board;
(b) Equipment minimum safety standards established by
concurrence of the board and the director;
(c) An evaluation by an approved field evaluation firm;
(d) A listing from a nationally recognized testing laboratory;
(e) An evaluation of a first model of a product by the board;
or
(f) Any other method approved by the board. + }
{ - (a) - } { + (3) + } To have an electrical product
certified, a person may submit a specimen, sample or prototype to
the department within a reasonable time before the date on which
certification will be required, together with a fee set by the
department sufficient to defray the cost of shipment and
evaluation. The department shall evaluate the electrical product
to determine whether { - it - } { + the product + } meets
{ - minimum - } { + electrical product + } safety standards.
Not later than six months after receipt of a specimen, prototype
or sample the department shall complete the required evaluation
and give a decision certifying or rejecting the product. The
department 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 - } { +
subsection + }.
{ - (b) To have an electrical product certified, a person may
submit satisfactory proof to the department 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 455.148 or 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. Inspections shall be performed by an
electrical specialty code inspector certified by the director, an
evaluation firm approved by the director 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 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) - } { + (4) + } The director { - of the
Department of Consumer and Business Services - } with the
approval of the board { - shall - } { + may + } 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 6. 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 - } { +
electrical product + } safety standards for design and
construction of electrical products to be sold or disposed of in
this state. { + The + } standards
{ - established under this subsection may include - } { + may
allow + } the certification of electrical products that a testing
laboratory approved by the { + director and the + } board under
ORS 479.760 has tested and found to be safe within the
{ - minimum - } { + electrical product + } safety standards
established under this { - section - } { + subsection + }.
(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
accepts for certification under ORS 479.760 { - (2)(a) - }
{ + (3) + }.
(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 479.995.
(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 7. ORS 479.820 is amended to read:
479.820. (1) The Department of Consumer and Business Services
shall:
(a) Check the authenticity, appropriateness and expiration
dates of licenses issued under ORS 479.510 to 479.945 and
479.995.
(b) Inspect electrical installations and products for which a
permit or license is required by ORS 479.510 to 479.945 and
479.995.
(c) Inspect permits attached to electrical installations or
products for which a permit is required by ORS 479.510 to 479.945
and 479.995.
(2) If the department finds that the electrical installation or
product fails to comply with minimum safety standards { + or
electrical product safety standards + }, { - it - } { + the
department + } may disconnect or order the disconnection of
service thereto.
(3) If the department finds that the condition of an electrical
installation or product constitutes an immediate hazard to life
or property, { - it - } { + the department + } may cut or
disconnect any wire necessary to remove such hazard { + or take
corrective action as provided by rules adopted under ORS
479.730 + }.
(4) Upon written request of appropriate municipal personnel,
the department 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 and 479.995 or exercising authority conferred
hereby the department 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 in performance
of any of { - its - } { + the department's + } duties or the
exercise of any authority conferred under this section.
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