72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 906
LC 3685/SB 906-5
SENATE AMENDMENTS TO
SENATE BILL 906
By COMMITTEE ON RULES
July 23
On page 11 of the printed bill, delete lines 36 and 37 and
insert:
' (i) A representative selected from individuals recommended by
the Oregon Disabilities Commission.'.
On page 12, delete lines 11 and 12 and insert:
' (i) A representative selected from individuals recommended by
the Oregon Disabilities Commission.'.
Delete lines 32 and 33 and insert:
' (i) A representative selected from individuals recommended by
the Oregon Disabilities Commission.'.
On page 15, line 16, after 'state' insert 'for violation of a
licensing requirement'.
In line 19, after 'citations' insert 'for violation of a
licensing requirement' and after 'enforcement' insert 'of
licensing requirements and treatment of violations'.
On page 31, line 20, delete 'an' and insert 'a'.
In line 21, delete 'approved and'.
On page 36, line 25, after 'a' delete the rest of the line and
insert 'building that is subject to the Low-Rise Residential
Dwelling Code;'.
In line 26, delete the period and insert '; or
' (3) Housing in which all or part of the dwelling units are
reserved for rental to persons having an income equal to or less
than 80 percent of the median household income for the area as
determined by the Housing and Community Services Department.'.
On page 41, after line 19, insert:
' { + SECTION 66a. + } ORS 479.540, as amended by section 65
of this 2003 Act and section 1, chapter 344, Oregon Laws 2003
(Enrolled Senate Bill 822), 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 residential or farm 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, { + consumer-owned
utility as defined in ORS 757.270, + } telecommunications carrier
as defined in ORS 133.721, competitive telecommunications
provider as defined in ORS 759.005 or municipality for
generation, transmission or distribution of electricity on
property that the utility, carrier, provider 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, { +
consumer-owned utility as defined in ORS 757.270, + }
telecommunications carrier as defined in ORS 133.721 or
competitive telecommunications provider as defined in ORS
759.005;
' (b) To electrical installations made by or for a public
utility, { + consumer-owned utility, + } telecommunications
carrier or competitive telecommunications provider if the
electrical installations are an integral part of the equipment or
electrical products of the utility, carrier or provider; or
' (c) To any electrical generation plant owned or operated by a
municipality to the same extent that a { - public - } utility,
telecommunications carrier or competitive telecommunications
provider is exempted 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. This subsection does not exempt any products used in
locations determined to be hazardous in the electrical code of
this state. The following apply to this subsection:
' (a) Except as provided in paragraph (b) of this subsection,
the exemption under this subsection applies to:
' (A) Industrial electrical equipment that is factory wired
using separately certified components and is custom-made, limited
produced or outside the scope, as determined by the Director of
the Department of Consumer and Business Services, of the
standards and requirements of Underwriters Laboratories, Canadian
Standards Association or American National Standards Institute as
in effect on October 23, 1999.
' (B) The rotating equipment portion of power generation
equipment.
' (C) Testing equipment used in a laboratory or hospital.
' (D) Commercial electrical air conditioning equipment.
' (E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of
business for assembly on the job site if the work is composed of
parts that are certified electrical products.
' (b) Notwithstanding paragraph (a) of this subsection, the
board may require any of the products described in paragraph (a)
of this subsection to be subject to the certification
requirements under ORS 479.760 if the board determines that the
product or class of products has presented a fire or life safety
hazard in use. A determination under this paragraph shall be
effective as to any such product or class of products sold or
offered for sale after the date of the determination becomes
final. The board may reinstate any exemption removed under this
paragraph if the board determines that the reasons for the
removal of the exemption have been corrected.
' (13) ORS 479.760 does not apply to electrical equipment that
has been in use for one year or more and that is offered for
sale.
' (14) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty
contractor license issued under ORS 479.510 to 479.945 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) 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) A permit is not required for those minor electrical
installations for which the board has authorized an installation
label.
' (17) 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) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television
installations.
' (19) 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) As used in this section, 'smoke alarm' shall have the
meaning given that term under ORS 479.250.
' { + SECTION 66b. + } { + The amendments to ORS 479.540 by
section 66a of this 2003 Act become operative on January 1,
2004. + } ' .
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