Chapter 758 Oregon Laws 2005

AN ACT

HB 2181

Relating to building trades; creating new provisions; amending ORS 90.145, 446.210, 446.395, 446.400, 446.405, 447.040, 447.060, 447.065, 447.070, 447.072, 447.076, 447.154, 455.122, 455.125, 455.156, 455.415, 455.628, 455.720, 455.735, 455.737, 460.005, 460.057, 460.059, 460.065, 460.075, 460.085, 460.155, 479.630, 479.680, 479.945, 480.432, 480.607, 480.630, 480.632, 480.634, 480.640, 670.410, 693.010, 693.020, 693.025, 693.030, 693.040, 693.060, 693.070, 693.095, 693.103, 693.105, 693.111, 693.115, 693.120, 693.135 and 693.180 and section 2, chapter 310, Oregon Laws 2005 (Enrolled Senate Bill 328), and sections 1, 2 and 12, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273); repealing ORS 447.030, 447.050, 479.633, 479.635, 479.640, 479.650, 479.660, 480.575, 480.635, 693.050, 693.075, 693.090, 693.100 and 693.108 and sections 3, 7, 8, 9, 10 and 11, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273); and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 to 5 of this 2005 Act are added to and made a part of ORS chapter 455.

SECTION 1a. If House Bill 3273 becomes law, section 1 of this 2005 Act is amended to read:

Sec. 1. Sections 2 to [5] 4 of this 2005 Act are added to and made a part of ORS chapter 455.

SECTION 2. (1) Except as provided in subsection (3) of this section, a regulatory body listed in subsection (2) of this section may adopt rules to administer the licensing, certification or registration of persons regulated by the body. The rules adopted under this section may include, but need not be limited to:

(a) The form and content of an application for issuance or renewal of a license, certificate or registration;

(b) Training and continuing education requirements to maintain a license, certificate or registration;

(c) The form and content of and the process for preparing and administering examinations and examination reviews;

(d) The term of a license, certificate or registration; and

(e) The creation of a system for combining two or more licenses, certificates or registrations issued to an individual by an advisory board or the Department of Consumer and Business Services into a single license, certificate, registration or other authorization.

(2) Subsection (1) of this section applies to the following:

(a) Subject to ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420, with the approval of the Manufactured Structures and Parks Advisory Board, the Department of Consumer and Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

(b) Subject to ORS 447.010 to 447.156 and ORS chapter 693, the State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 and ORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, after consultation with the Electrical and Elevator Board, the department for purposes of licenses issued under ORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, the Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to 479.945.

(e) Subject to ORS 480.510 to 480.670, the Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670.

(3) This section does not authorize the adoption of rules regulating:

(a) Building officials, inspectors, plan reviewers or municipalities;

(b) Persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles; or

(c) Master builders certified under ORS 455.800 to 455.820.

NOTE: Section 3 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 4. (1) Subject to ORS chapter 183, except as provided in subsection (3) of this section, a regulatory body listed in subsection (2) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

(e) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

(f) Has acted in a manner creating a serious danger to the public health or safety.

(g) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS 455.895 or has been the subject of action against the license, certificate or registration by the Department of Consumer and Business Services, the director or any advisory board.

(h) Is a business, the owner or an officer of which was an owner or officer in another business at the time:

(A) The other business was assessed a civil penalty under ORS 455.895 that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate or registration of the other business by the department, the director or any advisory board.

(2) Subsection (1) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or ORS chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 or 479.510 to 479.945.

(c) The Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670.

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses issued under ORS 460.005 to 460.175.

(f) The department, subject to Manufactured Structures and Parks Advisory Board approval, for purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

(3) This section does not apply to licenses, certificates, registrations or applications for licensure, certification or registration involving inspectors or involving persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles.

SECTION 5. If a regulatory body revokes the license, certificate or registration of a person under section 4 of this 2005 Act, the regulatory body shall specify a period, not to exceed five years, during which the person is disqualified from obtaining any license, certificate or registration from the regulatory body. If the person applies for reinstatement of a revoked license, certificate or registration after the period of disqualification, the person must meet the qualifications for initial issuance of the license, certificate or registration.

SECTION 5a. If House Bill 3273 becomes law, section 5 of this 2005 Act is repealed.

SECTION 6. ORS 90.145 is amended to read:

90.145. (1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord [shall not be considered to be] is not an employee of the landlord.

(2) A [person] tenant or an applicant described in subsection (1) of this section [shall] may not conduct electrical or plumbing installation, maintenance or repair unless properly licensed [or certified under ORS chapter 479 or 693.] under ORS 479.510 to 479.945 or ORS chapter 693. The tenant or applicant is not required to obtain a plumbing contractor license under ORS 447.040 to perform work under this section.

(3) Nothing in this section diminishes the obligations of a landlord to maintain the dwelling unit in a habitable condition under ORS 90.320 or 90.730.

(4) Any electrical or plumbing installation, maintenance or repair work performed by a tenant or an applicant under this section [shall be in compliance with ORS chapters 447 and 479. However, a tenant or applicant shall not be required to secure a certificate of registration under ORS 447.010 to 447.156 and 447.992] must comply with ORS 447.010 to 447.156 and 479.510 to 479.945.

SECTION 7. 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 shall issue a limited maintenance electrician’s license to a person who [has complied]:

(a) Pays the fee required under ORS 479.840;

(b) Complies with ORS 479.510 to 479.945 and the rules [issued thereunder, who] adopted under ORS 479.510 to 479.945 and section 2 of this 2005 Act;

(c) Passes a written examination administered [by the department] as provided by department rule on basic electrical principles on repair and maintenance of electrical wiring and equipment used in a manufactured structure[,]; and

(d) Submits proof [satisfactory to the department] as provided by department rule 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 shall be authorized to] may repair and maintain electrical wiring and equipment used in a manufactured structure.

SECTION 8. 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 install a manufactured dwelling or cabana without first having obtained a license therefor from the department.] an individual must obtain an installer license under ORS 446.400 before installing a manufactured dwelling or cabana.

[(2) No person required by subsection (1) of this section to obtain a license shall fail to 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.]

(2) An individual required by subsection (1) of this section to obtain a license shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and Department of Consumer and Business Services rules adopted under ORS 446.003 to 446.240 and 446.395 to 446.420 and section 2 of this 2005 Act.

(3) Installer licenses may be issued only to individuals [and shall not be issued to a business, partnership, company, corporation or any other entity].

(4) [No person, dealer or other entity shall] A person may not employ any individual to install a manufactured dwelling or cabana unless the individual is licensed by the [director 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.] department to perform the work and complies with ORS 446.003 to 446.240 and 446.395 to 446.420 and rules adopted under ORS 446.003 to 446.240 and 446.395 to 446.420 and section 2 of this 2005 Act.

(5) Licenses issued pursuant to ORS [446.003, 446.395 to 446.420 and 455.230 shall not be transferable.] 446.395 to 446.420 and department rules adopted under section 2 of this 2005 Act are not transferable.

SECTION 9. ORS 446.400 is amended to read:

446.400. [(1) In accordance with any applicable provisions of ORS chapter 183, 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.]

(1) The Department of Consumer and Business Services, subject to approval of the Manufactured Structures and Parks Advisory Board, shall issue licenses as provided by department rules adopted under section 2 of this 2005 Act to individuals to install manufactured dwellings and cabanas. The board may adopt classifications of installers including, but not limited to, temporary installer, limited installer and installer.

(2) In determining the appropriate initial license and renewal fees for installers, the Director of the Department of Consumer and Business Services, with the approval of the board, shall ensure that the annual income to the department from license and renewal fees established under this section does not exceed one-third of the estimated total cost of administering and enforcing [the provisions of] ORS 446.003 and 446.395 to 446.420.

(3) Fees collected by the department [of Consumer and Business Services] pursuant to this section shall be deposited in the Consumer and Business Services Fund established by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 446.423.

[(4) The board may adopt classifications of installers including, but not limited to, temporary installer, limited installer and installer.]

SECTION 10. 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 and 446.395 to 446.420, 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. The director 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 that the installation fails to comply with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420 or the installation rules adopted by the director, the director 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 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 may suspend or revoke the installer’s license as provided by Department of Consumer and Business Services rules adopted under section 4 of this 2005 Act.

(4) If the installer fails to bring the installation into compliance, the director shall order the dealer, if any, that arranged for such installation to bring the installation into compliance with the provisions of ORS 446.003 and 446.395 to 446.420 and the rules adopted pursuant thereto. The dealer is responsible to bring only those installation activities into compliance which 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 446.416.

(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 11. ORS 447.040 is amended to read:

447.040. (1) [No person shall engage in or follow the business or occupation of, or advertise or purport to be or act temporarily or otherwise as registered to conduct a plumbing business and no] A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation [shall] may not engage in the layout or superintending of plumbing installations, without having [secured the certificate of registration required by ORS 447.010 to 447.156 and 447.992.] obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under section 2 of this 2005 Act.

(2) A plumbing contractor license does not authorize the contractor to work as a journeyman plumber.

SECTION 12. ORS 447.060 is amended to read:

447.060. (1) [Nothing in ORS 447.010 to 447.156 and 447.992 prevents a person from:] ORS 447.010 to 447.156 do not apply to a person:

(a) Engaging in plumbing work when not so engaged for hire.

(b) Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by [such employer] the person. For purposes of this paragraph, “regular employee” means a person who is subject to the provisions of ORS 316.162 to 316.219 and who has completed a withholding exemptions certificate required by ORS 316.162 to 316.219.

(c) Using the services of an employee or contractor of a utility company, energy service provider or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the certification, permit and inspection requirements of [this chapter] ORS 447.010 to 447.156 and ORS chapter 693.

[(2) For purposes of subsection (1) of this section, a “regular employee” means a person who is subject to the provisions of ORS 316.162 to 316.219 and who has completed a withholding exemptions certificate required by the provisions of ORS 316.162 to 316.219.]

[(3)] (2) A licensee under ORS 671.560 (2) is not required to be [registered] licensed under ORS 447.010 to 447.156 [and 447.992] to install backflow prevention devices for irrigation systems and ornamental water features if the installer is licensed as required by ORS 671.615. The exemptions established under this subsection do not exempt the person from the inspection and permit requirements of [this chapter] ORS 447.010 to 447.156.

[(4)] (3) This section applies to any person, including but not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof, and the federal government and any agencies thereof.

SECTION 12a. If House Bill 2069 becomes law, section 12 of this 2005 Act (amending ORS 447.060) is repealed and ORS 447.060, as amended by section 8, chapter 609, Oregon Laws 2005 (Enrolled House Bill 2069), is amended to read:

447.060. (1) [ORS 447.010 to 447.156 do not prevent a person from:] ORS 447.010 to 447.156 do not apply to a person:

(a) Engaging in plumbing work when not so engaged for hire.

(b) Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by the [employer] person. For purposes of this paragraph, “regular employee” means a person who is subject to the provisions of ORS 316.162 to 316.219 and who has completed a withholding exemptions certificate required by ORS 316.162 to 316.219.

[(3)] (2) A landscaping business licensed under ORS 671.560 is not required to be [registered] licensed under ORS 447.010 to 447.156 to install, repair or maintain backflow assemblies for irrigation systems and ornamental water features if the work is performed by an individual who is licensed as required by ORS 671.615 and is an owner or employee of the landscaping business. The repair and maintenance of the backflow assembly must be performed by a tester certified under ORS 448.279. The registration exemption established under this subsection does not exempt the landscaping business from the inspection and permit requirements of [this chapter] ORS 447.010 to 447.156.

[(4)] (3) This section applies to any person, including but not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state, the federal government and state or federal agencies.

SECTION 13. ORS 447.065 is amended to read:

447.065. (1) Notwithstanding ORS 447.020, a person may not engage in the trade of installing solar heating and cooling systems unless the person possesses either a [certificate of competency] license as a journeyman plumber issued under ORS chapter 693 or a [specialty registration] solar heating and cooling system installer license issued by the State Plumbing Board under ORS 693.111.

(2) A [specialty registration] license issued under ORS 693.111 does not authorize a person to connect a solar heating and cooling system to a potable water source. The connection of a solar heating and cooling system to a potable water source must be made only by a journeyman plumber [possessing a certificate of competency issued] licensed under ORS chapter 693.

SECTION 14. ORS 447.070 is amended to read:

447.070. [No] A person carrying on, conducting or transacting a plumbing business may not maintain any suit or action in any of the courts of this state to recover for the performance of plumbing work without alleging and proving that the person was duly [registered under ORS 447.030 at the time of performing such work.] licensed as a plumbing contractor at the time of the work.

SECTION 15. 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 low-rise residential dwellings and commercial structures when the board finds that the plumbing does not involve any changes or alterations of the existing plumbing system. The exemption from the permit:

(1) May not include new construction or replacement of water heaters or underground plumbing; and

(2) Shall be available only to [registered] licensed plumbing contractors or persons [exempt from certification] described under ORS 693.020.

SECTION 16. 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] licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall:

(1) Define the term “minor plumbing installations” 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 17. ORS 447.154 is amended to read:

447.154. (1) The State Plumbing Board may, by rule, grant partial or complete exemptions from any of the provisions of ORS 447.010 to 447.156[, 447.992] and 455.010 to 455.740 to any plumbing product if it is determined that the plumbing product does not present a danger to the health and safety of the people of this state.

(2) 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 [certified] licensed under ORS 693.010 to 693.108.

SECTION 18. ORS 455.122 is amended to read:

455.122. (1) The Director of the Department of Consumer and Business Services, with the approval of the appropriate advisory boards, shall establish a system that allows a contractor or business possessing two or more licenses[, certificates, registrations or other authorizations] described in subsection (2) of this section to have an approved combination of those licenses[, certificates, registrations and other authorizations] issued or renewed simultaneously.

(2) Notwithstanding any issuance or renewal dates established [under ORS 479.510 to 479.945 and 480.510 to 480.670 and this chapter and ORS chapters 447 and 460] by rule under section 2 of this 2005 Act, subsection (1) of this section applies to contractor or business licenses[, certificates, registrations or other authorizations] by the Electrical and Elevator Board, the Board of Boiler Rules or the State Plumbing Board.

(3) The director shall establish rules to implement the system described in this section. The rules must establish the combinations of licenses[, certificates, registrations and other authorizations] for which a simultaneous issuance or renewal is offered, the term and expiration date for the combination, the appropriate fees for administering the system, the criteria for issuance and renewal and the other standards and criteria deemed by the Department of Consumer and Business Services to be necessary to administer and enforce the system.

SECTION 19. ORS 455.125 is amended to read:

455.125. In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority to perform work or conduct business issued under laws administered by the department or advisory board if the holder:

(1) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or ORS chapter 447, 455, 460 or 693, or with any rule adopted [thereunder] under those statutes or under section 2 of this 2005 Act; or

(2) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.135.

SECTION 20. 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 Low-Rise Residential 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 Low-Rise Residential 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 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 for violation of a licensing requirement. The process may include but need not be limited to 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 for violation of a licensing requirement, and a consistent basis for enforcement of licensing requirements and treatment of violations, including fine amounts;

(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

(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 Low-Rise Residential 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 (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 Low-Rise Residential 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 Low-Rise Residential Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or the Low-Rise Residential 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 Low-Rise Residential Dwelling Code; or

(iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or the Low-Rise Residential Dwelling Code without a permit.

SECTION 21. ORS 455.415 is amended to read:

455.415. (1) A person who is [registered, licensed or certified] licensed by the State Plumbing Board or the [Director of the] Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630, 479.910, 480.630, 693.060, 693.103 or 693.111 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] licenses 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] if wearing or displaying the identification badge may create a danger to the public health or to the 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.]

(3) This section does not require the display of a contractor or business license.

SECTION 21a. ORS 455.628 is amended to read:

455.628. (1) The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 may not require a plan review for one and two family dwellings that are of conventional light frame construction, as defined by the department by rule, if:

(a) The plans for the dwelling are designed and stamped by a professional engineer registered under ORS 672.092 or an architect registered under ORS 671.060; and

(b) The engineer or architect is certified by the Director of the Department of Consumer and Business Services under ORS 455.720 as [a] being qualified to examine one and two family dwelling plans [examiner].

(2) The department or municipality is exempt from liability for any damages arising from the nonperformance of a plan review pursuant to this section.

SECTION 21b. ORS 455.720 is amended to read:

455.720. (1) In accordance with applicable provisions of ORS chapter 183, 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, with the advice of the advisory boards, 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[,] and 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 may impose, certify building officials as being qualified, and revoke such certifications in the manner provided in ORS 455.740.

[(d) Subject to such terms, conditions and classifications as the director may impose, certify inspectors as being qualified to enforce one or more particular specialty codes, and revoke such certifications in the manner provided in ORS 455.740.]

[(e)] (d) 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.

(2) The director shall maintain and, upon request of municipalities, furnish information on applicants for appointment or employment as building officials or inspectors.

(3) Pursuant to ORS chapter 183, the director shall adopt rules necessary to carry out the certification programs provided by subsection (1) of this section.

(4) The director, by rule, may require evidence of completion of continuing education covering any certification created under this section as a condition of maintaining the certification. Nothing in this subsection shall prohibit the director from delegating any of this power to a municipality.

(5) The director, with the advice of the appropriate advisory boards, may adopt rules for certifying inspectors as being qualified to enforce one or more particular specialty codes, subject to any terms, conditions and classifications the director may impose, and for revoking those certifications in the manner provided in ORS 455.740.

SECTION 21c. 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 upon such forms as the director may prescribe for such purpose.

(2)(a) Each person applying for certification pursuant to this section shall pay a fee of $22.

(b) In the event the director requires, by rule, an applicant for a particular certification to pass an examination prepared by a national organization, the applicant shall pay in addition to the fee required in paragraph (a) of this subsection, the cost of the examination.

(3) Upon determining that the applicant is qualified under ORS 455.715 to 455.740, the director shall issue [or cause] a certificate or cause a certificate 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 the applicant is certified to enforce].

SECTION 21d. 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, by rule, 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. The director shall review the stated qualifications against the criteria adopted under subsection (1) of this section, including verification of experience and training. The director 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 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 22. 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)] (2) “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.

[(4) “Department” means the Department of Consumer and Business Services.]

[(5) “Director” means the Director of the Department of Consumer and Business Services.]

[(6)] (3) “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.

(4) “Elevator contractor license” means an authorization issued by the Department of Consumer and Business Services under ORS 460.005 to 460.175 for the licensee to engage in the business of installing, altering, repairing and maintaining elevators.

[(7) “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)] (5) “Minimum safety standards” means safety standards provided by ORS 460.005 to 460.175.

[(9)] (6) “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)] (7) “Operating permit” means a permit issued by the department 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)] (8) “Platform hoist” means a hoisting and lowering mechanism equipped with an open platform [which] that moves in a substantially vertical direction and [which] travels a limited distance above or below a building floor or dock level.

[(12)] (9) “Provisional operating permit” means a permit issued by the department on the basis of a variance from the minimum safety standards under ORS 460.005 to 460.175.

SECTION 23. ORS 460.057 is amended to read:

460.057. The Department of Consumer and Business Services [by rule shall establish criteria for issuing] may issue a special limited license to a person who can document to the satisfaction of the department that the person possesses sufficient work experience in the mechanical aspects of elevator installation, alteration, maintenance and repair acquired prior to October 23, 1999. In addition to any other conditions or limitations imposed by department rule on the scope of work that may be performed under the license, the license shall limit the person to performing mechanical installation, alteration, maintenance and repair on elevators. [The department may further establish conditions and limit the scope of work that may be performed by a person licensed under this section.]

SECTION 24. ORS 460.059 is amended to read:

460.059. The [Electrical and Elevator Board shall establish by rule criteria for issuing] Department of Consumer and Business Services may issue a special limited license to a person engaged in an approved apprenticeship program that allows the person to engage in the installation, alteration, maintenance and repair of elevators. The [board] department, after consultation with the Electrical and Elevator Board, shall establish conditions and the specific scope of work that may be performed by a person licensed under this section.

SECTION 25. ORS 460.065 is amended to read:

460.065. (1) Subject to ORS 460.075, the expiration date of:

(a) Elevator operating permits shall be one year from the original date of issue and thereafter on the anniversary date of issue.

(b) A certified elevator inspector’s certificate of competency shall be December 31 of the year in which it is issued.

[(c) Elevator contractors’ licenses shall be July 1 following the date of issuance.]

(2) Subject to ORS 460.055, 460.075 and 460.165, holders of [an elevator contractor’s license,] a certificate of competency or an operating permit who have complied with ORS 460.005 to 460.175 and the rules [made] adopted under ORS 460.085 (1), shall be entitled to renewal [at the expiration thereof.] of the certificate or permit at expiration.

SECTION 25a. If House Bill 2180 becomes law, section 25 of this 2005 Act (amending ORS 460.065) is repealed and ORS 460.065, as amended by section 4, chapter 616, Oregon Laws 2005 (Enrolled House Bill 2180), is amended to read:

460.065. (1) The expiration date of:

[(a) An elevator contractor license is July 1 following the date of issuance.]

[(b)] (a) A certified elevator inspector certificate of competency is December 31 of the year in which the certificate is issued.

[(c)] (b) An elevator operating permit is as established by the Department of Consumer and Business Services by rule.

(2) Except as provided in ORS 460.055, a holder of a valid [elevator contractor license,] elevator inspector certificate of competency or elevator operating permit who has complied with ORS 460.005 to 460.175 and the rules [made] adopted under ORS 460.085 (1) is entitled to renewal at the expiration of the [license,] certificate or permit.

SECTION 26. ORS 460.075 is amended to read:

460.075. (1) Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services shall cancel, revoke or suspend the operating permit for any elevator [which fails to] that does not comply with the minimum safety standards provided by ORS 460.005 to 460.175.

(2) Subject to the provisions of ORS chapter 183, the department may suspend or revoke the certificate of competency of any certified elevator inspector:

(a) Whom the department 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 the name of any company for which the inspector performs an inspection.

(d) Who deliberately falsified the application of the inspector for such certificate or the inspection report made to the department.

(e) Who persistently fails to properly report to the department in writing regarding elevators inspected by the inspector.

[(3) Subject to the provisions of ORS chapter 183, the department 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 27. ORS 460.085 is amended to read:

460.085. (1) In accordance with the applicable provisions of ORS chapter 183, 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 of Consumer and Business Services 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) 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 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 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 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 27a. If House Bill 2180 becomes law, section 27 of this 2005 Act (amending ORS 460.085) is repealed and ORS 460.085, as amended by section 5, chapter 616, Oregon Laws 2005 (Enrolled House Bill 2180), is amended to read:

(a) Establishing safety standards applicable to the installation of elevators.

(b) Establishing safety standards applicable to the alteration, repair or maintenance of elevators. The director 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 of Consumer and Business Services for administering and enforcing ORS 460.005 to 460.175.

(f) Prescribing, requiring and governing reports by the department’s staff of elevator inspectors and certified elevator inspectors on elevators inspected by them.

(g) Establishing standards, criteria and intervals for the periodic inspection under ORS 460.125 of the various types of elevators.

(h) Establishing standards for the inspection of, and safety testing on, a new or altered elevator prior to placement of the elevator into service.

(i) Establishing fees under ORS 460.165 and any other reasonable fees the department considers appropriate for the purpose of administering and enforcing ORS 460.005 to 460.175.

(2) In adopting rules under subsection (1) of this section, the director 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 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 director 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 of the minimum safety standards established by the director 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 28. ORS 460.155 is amended to read:

460.155. (1) The Department of Consumer and Business Services shall hear the appeal of an appellant:

(a) Who has filed a written request:

[(a)] (A) Within 10 days of receiving written notice that [a restraining order or] an injunction will be sought[,]; or

[(b)] (B) Within 30 days after receiving notice that a permit or certificate of competency will be canceled, revoked or suspended[,]; or

(b) Who is affected by [either of such notices] a notice described in paragraph (a) of this subsection.

(2) [In case] If 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 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 under ORS 460.055 or a certificate of competency.

(4) The department 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], except that 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 and the appellant may subpoena witnesses who shall receive the same compensation and mileage pay as circuit court witnesses.

(d) A written record 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 shall be taken pursuant to the provisions of ORS chapter 183.

SECTION 29. ORS 479.630 is amended to read:

479.630. [Upon payment of] If the person pays the applicable examination and license fees required under ORS 479.840[,] and complies with ORS 479.510 to 479.945 and the rules adopted under ORS 479.510 to 479.945 and section 2 of this 2005 Act, the Department of Consumer and Business Services 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)] (a) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

[(c)] (b) 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. 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)] (a) Passes a written examination prepared by the [Electrical and Elevator] board and administered by the department; and

[(c)] (b) 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)] (a) Passes a written examination prepared by the [Electrical and Elevator] board and administered by the department; and

[(c)] (b) 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, 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, 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. 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)] (a) Passes a written examination prepared by the [Electrical and Elevator] board and administered by the department; and

[(c)] (b) Submits proof satisfactory to the board that the person has had at least four years of specialized experience as an apprentice or its equivalent, 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 person issued a license under this subsection is exempt from continuing education requirements established under ORS [479.650 and] 479.680 and section 2 of this 2005 Act.

(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 a recognized branch of the electrical trade approved by the [Electrical and Elevator] board as being a training program that will adequately prepare the trainee for the limited journeyman’s license [providing that the 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)] (A) Passes a written examination prepared 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)] (B)(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) 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.

(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] 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;

(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)] (A) Passes a written examination prepared 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)] (B) 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, 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 that work. [Nothing in this subsection allows] This subsection does not authorize 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) Submits 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 is the floor that is designed for human habitation and that 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)] (a) 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)] (b) 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, as determined by the board by rule; and

[(d)] (c) Passes a written examination prepared 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 by the [Electrical and Elevator] board and administered by the department.

(16) A limited renewable energy contractor license to a person who:

(a) Employs at least one full-time renewable energy technician; and

(b) Does not engage in electrical work other than work that may be performed by a limited renewable energy technician. A limited renewable energy contractor may not make, direct, supervise or control the making of an electrical installation unless the contractor is licensed for that activity.

(17) A limited renewable energy technician license to a person who qualifies under this subsection. A person qualifies for licensing as a limited renewable energy technician if the person completes a two-year apprenticeship program and passes an examination approved by the board. A person licensed under this subsection may, while in the employ of a licensed electrical contractor or a limited renewable energy contractor:

(a) Install, maintain, replace or repair electrical wiring and electrical products that convey or operate on renewable electrical energy not exceeding 25 kilowatts AC; and

(b) Make electrical installations not exceeding 25 kilowatts AC:

(A) On devices using renewable energy involving wind, solar energy systems, micro-hydroelectricity, photovoltaic systems or fuel cells.

(B) Up to the load side of an inverter.

[(18) Notwithstanding any other provision of this chapter, the board may 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 the training or experience is not equivalent to the standards for electrical training programs prescribed in this state.]

SECTION 30. Section 31 of this 2005 Act is added to and made a part of ORS 479.510 to 479.945.

SECTION 31. Notwithstanding any other provision of ORS 479.510 to 479.945 or any rule adopted by the Electrical and Elevator Board under section 2 of this 2005 Act, the board may not administer an examination to, and the Department of Consumer and Business Services may not 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 32. ORS 479.680 is amended to read:

479.680. The Electrical and Elevator Board:

(1) Shall establish, by rule under section 2 of this 2005 Act, a program of continuing education necessary for renewal of licenses [under ORS 479.650]. The board may approve programs for continuing education that meet standards for continuing education established by the board under this subsection.

(2) Shall adopt any rules necessary to carry out the duties of the board under ORS 479.510 to 479.945 and 479.995.

(3) Shall establish rules setting forth equivalent experience necessary to qualify for a journeyman license under ORS 479.630.

(4) Shall establish, by rule, procedures and standards necessary to approve testing laboratories under ORS 479.730 and 479.760.

(5) May establish exemptions by rule according to authority granted under ORS 479.540.

SECTION 33. ORS 479.945 is amended to read:

479.945. (1) 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 under section 2 of this 2005 Act.

(2) 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.

(3) 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 may the scope of the license exceed that of a Class B limited energy technician.

(4) 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 (1)(b) for a limited energy contractor.

(5) 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

(6) 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 (5) 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.

[(7) 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 34. ORS 480.432 is amended to read:

480.432. (1) A person may not engage in or work at the business of installing, extending, altering or repairing any LP gas appliance or piping, vent or flue connection pertaining to or in connection with LP gas installations within the state, either as employer or individual, unless the person has received an LP gas installation license from the State Fire Marshal in accordance with ORS 480.410 to 480.460.

(2) A person may not do any LP gas fitting or gas venting work, install, repair or remodel any piping or venting or do any installation, repair service, connection or disconnection of any LP gas appliance that is subject to inspection under ORS 480.410 to 480.460 unless the person has received an LP gas fitter license from the State Fire Marshal in accordance with ORS 480.410 to 480.460.

(3) A person may not operate any LP gas delivery equipment installed on a motorized vehicle unless the person has received an LP gas truck equipment license from the State Fire Marshal in accordance with ORS 480.410 to 480.460.

(4) Any person under the terms of this section who is required to have an LP gas fitter or LP gas truck equipment license is also required to have an LP gas installation license, unless the person is an employee of an employer who has an LP gas installation license as provided by this section.

(5) A person who holds a valid journeyman [plumber’s certificate] plumber license under ORS 693.060 or who is in an approved journeyman plumber apprenticeship established under ORS chapter 660 is exempt from the licensing requirements of subsections (1) and (2) of this section, except that the apprentice or journeyman plumber may not install an LP gas tank or make any connection to an LP gas tank unless the apprentice or journeyman plumber is licensed as required under this section.

(6) A person who holds a [certificate] license issued by the [Board of Boiler Rules] Department of Consumer and Business Services under ORS 480.630 [authorizing] of a class that authorizes the person to fabricate, install, alter or repair pressure piping and to install boilers and pressure vessels by attachment of piping connector is exempt from the licensing requirements of subsections (1) and (2) of this section, except that the person may not install an LP gas tank or make any connection to an LP gas tank unless the person is licensed as required under this section.

(7) [The provisions] Subsections (1) to (4) of this section do not apply to LP gas installations in a manufactured dwelling or recreational vehicle performed during the construction of the manufactured dwelling or recreational vehicle, or the alteration or repair of an LP gas installation in a manufactured dwelling or recreational vehicle made pursuant to the manufacturer’s warranty.

SECTION 35. ORS 480.607 is amended to read:

480.607. Notwithstanding the fees prescribed in ORS 480.595 (3) and (4), 480.600 (2) and 480.630 (4) and [(6)] (5), and subject to the prior approval of the Department of Consumer and Business Services, the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees, the Board of Boiler Rules may increase the fees referred to in this section by an amount not greater than 10 percent. The fees shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees must not exceed the cost of the program, including but not limited to the cost of administering a continuing education registry.

SECTION 36. ORS 480.630 is amended to read:

480.630. [(1) A person 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.]

[(2) A person 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.]

(1) A person engaging in the business of installing, repairing or altering boilers or pressure vessels must possess a boiler contractor license issued by the Department of Consumer and Business Services.

(2) A person who installs, repairs or alters boilers or pressure vessels as the employee or agent of a business engaged in the installation, repair or alteration of boilers or pressure vessels must possess an employee or agent license issued by the department.

(3) The chief inspector may conduct examinations for [certification of] licensing an employee or agent of a business to establish the competency of the applicant.

(4) Licenses [and certification] shall be issued and renewed by the department [upon recommendation of] as provided by rules adopted under section 2 of this 2005 Act by the Board of Boiler Rules [and] upon payment of a fee of $25 for each application for an employee or [agent’s certification] agent license and $150 for each application for a [business] boiler contractor license.

[(5) The licenses and certifications shall be renewed annually without reexamination upon payment of the fees in subsection (4) of this section and, for renewal of a certificate, compliance with the continuing education requirement established in subsection (9) of this section.]

[(6)] (5) A person required to be licensed under this section may not install, alter or repair a boiler or pressure vessel [without first securing a permit therefor] unless an appropriate permit is first secured from the department [unless the person is not subject to licensure or certification]. Permits shall be issued only to [the persons licensed] persons possessing a valid boiler contractor license or as provided by the department by rule. A permit fee of $15 shall be paid directly to the department.

[(7)] (6) In the case of an emergency, a permit under subsection (5) of this section 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 within five days after the commencing of the boiler or pressure vessel work.

[(8)] (7) The [certification] license and examination requirements of this section do not apply when a person 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] that meet or exceed license standards as determined by the chief boiler inspector. The chief boiler inspector shall be notified prior to performance of any work under this subsection.

[(9)] (8) [A person having a certificate issued under subsection (4) of this section] If a license issued under subsection (4) of this section is of a class that authorizes a person to perform work equivalent to that performed by pressure vessel installers, building service mechanics, boilermakers or pressure piping mechanics, the person must complete eight hours of board-approved continuing education every year.

[(10) The continuing education requirement established in subsection (9) of this section applies only to persons certified by the board to perform work equivalent to that performed by pressure vessel installers, building service mechanics, boilermakers or pressure piping mechanics.]

SECTION 37. ORS 480.632 is amended to read:

480.632. [No person registered] A person licensed to conduct a boiler or pressure vessel business [shall] may not employ any person to work on a boiler or pressure vessel [who does not hold a valid state certification] unless the employed person has a valid license issued under ORS 480.630.

SECTION 38. ORS 480.634 is amended to read:

480.634. (1) [A person having a current certificate of competency as a journeyman plumber under ORS 693.050] A person who has a valid journeyman plumber license does not have to obtain [certification] a license under ORS 480.630 (2) to work as an employee of a business engaged in installing or replacing by no welded means[,] a potable domestic water heater[, not used for space heating, which does not exceed 180 gallons in capacity, nor water temperature of 210 degrees Fahrenheit nor pressure of 150 pounds per square inch gauge pressure nor a heat input in excess of 750,000 BTU per hour.] that:

(a) Is not used for space heating;

(b) Has a capacity that does not exceed 180 gallons;

(c) Has a water temperature that does not exceed 210 degrees Fahrenheit;

(d) Has a pressure that does not exceed 150 pounds per square inch gauge pressure; and

(e) Has a heat input that does not exceed 750,000 BTU per hour.

(2) Subsection (1) of this section does not allow construction, repair or alteration of the domestic potable water heater.

SECTION 39. ORS 480.640 is amended to read:

480.640. [No] A person providing services connected with boilers or pressure vessels may not bring or maintain an action in the courts of this state to recover for [such] those services unless the person alleges and proves that, at the time the services were performed, the person performing [them] the services held a [state certification] license issued under ORS 480.630.

SECTION 40. ORS 670.410 is amended to read:

670.410. (1) A board may vary the expiration date of a registration, license or certificate issued by the board. Notwithstanding any other law, registrations, licenses and certificates may be made to expire on a biennial basis.

(2) In accordance with subsection (1) of this section, the board shall give a person written notice of the new renewal date assigned and make appropriate adjustments in the renewal fee.

(3) This section applies only to those registrations, licenses and certificates issued under ORS [479.640,] 690.005 to 690.235 or ORS chapters 671, 672, 673, [693,] 701 and 776.

SECTION 40a. If House Bill 2094 becomes law, section 40 of this 2005 Act (amending ORS 670.410), is repealed.

SECTION 41. 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] licensed plumbing contractor 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] plumber license issued under this chapter.

(4) “Licensed plumbing contractor” means a person who has made application and paid a license fee to engage in the business of furnishing labor and material, or labor only, to install, alter and repair plumbing.

(5) “Plumbing” has the meaning given that term in ORS 447.010.

[(6) 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 42. ORS 693.020 is amended to read:

693.020. [(1) Subject to the following described conditions, this chapter does not prevent:]

[(a) Except as provided in paragraph (e) of this subsection, a person from doing the person’s own work on the person’s own building on the person’s own premises, whether or not]

(1) Except as provided in subsection (2) of this section, this chapter does not apply to:

(a) A person working on a building or premises owned by the person, regardless of whether the person holds a [certificate of competency] license under this chapter, if the person complies with all the rules adopted under this chapter and ORS 447.010 to 447.156 [and 447.992] and ORS chapter 455.

(b) A person [from] testing, repairing, servicing, maintaining, installing or replacing new or existing potable water pump equipment not exceeding seven and one-half horsepower on residential property and piping between [such pumps and storage tanks for such pumps, whether or not the person holds any certificate of competency] the pumps and storage tanks for the pumps, regardless of whether the person holds any license under this chapter.

(c) A person [from] installing exterior storm drains[. This exception does not apply to exterior storm drains] that are not connected to a sanitary sewer or combination sanitary storm sewer.

(d) An employee or contractor of a utility, energy service provider or water supplier [from] installing an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the certification, permit and inspection requirements of this chapter and ORS [chapter 447] 447.010 to 447.156.

(e) A person who owns, leases or operates residential property[, from repairing or using] and who repairs, or uses regular employees to repair, existing plumbing on property owned, leased or operated by the employer, [whether or not the employee holds a certificate of competency] regardless of whether the employee holds a license under this chapter. As used in this paragraph:

(A) “Repair” or “maintenance” means the act of replacing or putting together plumbing parts that restore the existing plumbing system to a safe and sanitary operating condition.

(B) “Regular employee” means a person subject to the provisions of ORS 316.162 to 316.219 and who has completed a withholding exemptions certificate required by the provisions of ORS 316.162 to 316.219.

(2) Subsection (1)(a) to (d) of this section does not allow a person other than a journeyman plumber or apprentice plumber to install, remodel or alter plumbing in a commercial or industrial building being constructed or offered for sale, exchange, rent or lease. As used in this subsection, “install, remodel or alter” means activities that involve installations or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

[(2)] (3) This section applies to any person, including but not limited to individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof and the federal government and any agencies thereof.

[(3)(a) Notwithstanding the exceptions in subsection (1) of this section, only an individual certified as provided by ORS 693.060 may install, remodel or alter plumbing in a commercial or industrial building being constructed or being offered for sale, exchange, rent or lease.]

[(b) Nothing in paragraph (a) of this subsection shall limit the right of a person to repair property as set forth in subsection (1)(e) of this section.]

[(4) For the purpose of subsection (3) of this section, “install, remodel or alter” means activities which involve installation or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.]

[(5)] (4) Except as provided in subsection (1)(d) of this section, nothing in this chapter exempts a person from the plumbing inspection requirements of ORS 447.010 to 447.156 [and 447.992].

SECTION 42a. If Senate Bill 328 becomes law, section 42 of this 2005 Act (amending ORS 693.020) is repealed and ORS 693.020, as amended by section 5, chapter 310, Oregon Laws 2005 (Enrolled Senate Bill 328), is amended to read:

693.020. [(1) Subject to the following described conditions, this chapter does not apply to:]

[(a) A person that is doing work, other than repair work on residential property, that is on the person’s own building on the person’s own premises, whether or not]

(1) Except as provided in subsection (2) of this section, this chapter does not apply to:

(b) A person testing, repairing, servicing, maintaining, installing or replacing new or existing potable water pump equipment not exceeding seven and one-half horsepower on residential property and piping between [such pumps and storage tanks for such pumps, whether or not the person holds any certificate of competency] the pumps and storage tanks for the pumps, regardless of whether the person holds any license under this chapter.

(c) A person installing exterior storm drains[. This exception does not apply to exterior storm drains] that are not connected to a sanitary sewer or combination sanitary storm sewer.

(d) An employee or contractor of a utility, energy service provider or water supplier who is installing an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the certification, permit and inspection requirements of this chapter and ORS [chapter 447] 447.010 to 447.156.

(e) A person who owns, leases or operates residential property and who repairs, or uses regular employees to repair, existing plumbing on property owned, leased or operated by the person, [whether or not the person or employee holds a certificate of competency] regardless of whether the person or employee holds a license under this chapter. As used in this paragraph:

(A) “Repair” means the act of replacing or putting together plumbing parts that restore the existing plumbing system to a safe and sanitary operating condition.

(B) “Regular employee” means a person who is subject to the provisions of ORS 316.162 to 316.219 and who has completed a withholding exemptions certificate required by the provisions of ORS 316.162 to 316.219.

(f) A person installing plumbing in a prefabricated structure, as defined in ORS 455.010, that is designed for residential use and intended for delivery in another state.

[(b) For the purpose of this subsection, “install, remodel or alter” means activities which involve installation or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.]

(4) Except as provided in subsection (1)(d) of this section, nothing in this section exempts a person from the plumbing inspection requirements of ORS 447.010 to 447.156.

SECTION 42b. If Senate Bill 328 becomes law, section 2, chapter 310, Oregon Laws 2005 (Enrolled Senate Bill 328), is amended to read:

Sec. 2. (1) For a residential prefabricated structure manufactured in this state and intended for delivery in another state, the Director of the Department of Consumer and Business Services may not require that:

(a) The prefabricated structure conform to the state building code.

(b) An inspector provide plan approvals and inspections pursuant to ORS 455.715 to 455.740.

(c) A person licensed under ORS 479.630, [or certified under ORS] 693.060 or 693.103 perform electrical or plumbing installations in the prefabricated structure.

(2) Nothing in subsection (1) of this section exempts a person that is renting, leasing, selling, exchanging, installing or offering for rent, lease, sale, exchange or installation a residential prefabricated structure from meeting the insignia of compliance or certification stamp requirements prescribed under ORS 455.705 if the prefabricated structure is delivered in or relocated to this state.

SECTION 43. 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, 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, 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 [certificate] license is required under this chapter unless the person is [certified] licensed under this chapter to perform the additional service. A person not [certified] licensed under this chapter who performs services that are not described in subsection (1) of this section for which a [certificate] license is required under this chapter is subject to civil penalty under ORS 693.992.

(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 693.992, the contractor may not perform any service for which a [certificate] license is required under this chapter, except installation of low-flow showerheads or faucet aerators, unless the contractor is [certified] licensed under this chapter to perform that service.

SECTION 44. ORS 693.030 is amended to read:

693.030. (1) A person [shall] may not engage in the trade or business of journeyman plumber without a [certificate of competency as provided by] journeyman plumber license issued under this chapter.

(2) [A person registered to conduct a plumbing business, or who is required to be registered under this chapter, shall not:] A licensed plumbing contractor or a person required under this chapter to be licensed as a plumbing contractor may not:

(a) Permit or suffer any person to work as a journeyman plumber who does not hold a valid journeyman [plumber’s certificate of competency] plumber license.

(b) Permit or suffer any person to work as an apprentice plumber who does not meet the requirements of ORS chapter 660.

(d) Charge a journeyman plumber’s wage for services performed by an apprentice plumber.

SECTION 45. ORS 693.040 is amended to read:

693.040. [A plumbing apprentice who meets the requirements of ORS chapter 660] An apprentice plumber may work at the trade of plumbing [so long as] if the apprentice works under the supervision of a [certified] licensed journeyman plumber.

SECTION 46. ORS 693.060 is amended to read:

693.060. [(1)] The State Plumbing Board shall issue a [certificate of competency to such persons as have] license to a person who:

(1) By the examination provided for by this chapter is shown [themselves] to be fit, competent and qualified to engage in the business, trade or calling of a journeyman plumber[.];

[(2) No certificate of competency under this section shall be issued to any journeyman until the applicant therefor has complied with the rules and requirements of the board and has paid to the board the certificate fee provided in ORS 693.135.]

(2) Complies with board rules adopted under section 2 of this 2005 Act; and

(3) Pays the applicable fees established by the board under ORS 693.135.

SECTION 47. ORS 693.070 is amended to read:

693.070. All [certificates of competency] licenses shall bear:

(1) The date of issue and date of expiration; and

(2) An identification number assigned by the State Plumbing Board.

SECTION 48. ORS 693.095 is amended to read:

693.095. The State Plumbing Board, by rule, may provide [a program for the certification of] for issuing supervising plumber licenses to journeyman plumbers who:

(1) Demonstrate to the satisfaction of the board competency in the supervision of plumbing work and in the laws, rules, ordinances and practices relating to plumbing[. Any program established under this section may include the following:];

[(1) Issuance of a certificate of competency as a supervising plumber.]

[(2) Requirements that journeyman plumber applicants have experience, pass an examination or otherwise demonstrate skill as determined appropriate by the board.]

[(3) A requirement for the payment of fees established by the board consistent with ORS 693.135.]

[(4) Circumstances under which the board may revoke or suspend the supervising plumber’s certificate of competency as the board determines necessary to protect the public health and safety.]

[(5) Annual or other renewal as the board determines necessary.]

(2) Comply with board rules adopted under section 2 of this 2005 Act; and

(3) Pay the applicable fees established by the board under ORS 693.135.

SECTION 49. ORS 693.103 is amended to read:

693.103. (1) The State Plumbing Board, by rule, may [provide a program for the certification of] license limited specialty plumbers who:

(a) Demonstrate to the satisfaction of the board competency in the laws, rules, ordinances and practices relating to [their] plumbing specialty[. A person certified under this section is authorized to perform the class of plumbing work included in the branch of the plumbing trade for which the person has been certified. Any program established under this section may include the following:]; and

[(a) Issuance of a certificate of competency as a limited specialty plumber.]

[(b) Requirements that limited plumbing specialty applicants have experience, pass an examination or otherwise demonstrate competency as determined appropriate by the board.]

[(c) A requirement for the payment of fees established by the board consistent with ORS 693.135.]

[(d) Circumstances under which the board may revoke or suspend the limited specialty plumber’s certificate of competency as the board determines necessary to protect the public health and safety.]

[(e) Annual or other renewal as the board determines necessary.]

[(2)(a) Under the provisions of this section the board shall provide for the installation and replacement of]

(b) Pay the applicable fee established by the board under ORS 693.135.

(2) A limited specialty plumber license authorizes a person to perform work in the specific branch of the plumbing trade for which the license is issued.

(3)(a) The board shall establish a limited specialty plumber license for persons licensed under ORS 479.630 (12) to install and replace residential water heaters [to] in existing plumbing designed for that purpose if the installation or replacement does not require an alteration of the existing plumbing.

(b) Qualification for [certification for a plumbing specialty] a limited specialty plumber license under this subsection shall include testing and a requirement for training.

[(c) For purposes of this subsection, “plumbing specialty” is limited to installation of water heaters by persons licensed under ORS 479.630 (12).]

[(d)] (c) [The provisions of this subsection do] This subsection does not otherwise affect the ability of persons [certified] licensed under subsection (1) of this section to make connections to water systems.

SECTION 50. ORS 693.105 is amended to read:

693.105. (1) Where the State Plumbing Board proposes to refuse to issue or renew any [certificate] license under this chapter, or proposes to revoke or suspend any [such certificate] license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.

(3) Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605.

SECTION 51. ORS 693.111 is amended to read:

693.111. [The State Plumbing Board shall:]

[(1) Establish education, training and other standards for persons seeking a specialty registration as] The State Plumbing Board, by rule, shall establish a solar heating and cooling system installer license. The board may [administer or approve examinations designed to demonstrate the qualifications and competency of a person to work as a solar heating and cooling system installer.]

[(2)] impose appropriate fees for applications, examinations and issuance or renewal of [registrations.] an installer license.

[(3) Impose continuing education requirements for persons registered as solar heating and cooling system installers.]

[(4) Suspend, revoke or refuse to issue or renew a registration for a person found by the board to have violated a provision of this section or ORS 447.065 or rules adopted thereunder.]

[(5) Make all rules necessary and proper for carrying out the duties of the board relating to solar heating and cooling system installers.]

SECTION 52. 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] licensed plumbing contractor;

(d) One registered professional mechanical engineer;

(e) One officer or employee 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, 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. A member is not eligible for appointment to more than two full terms of office. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board shall receive compensation and expenses as provided in ORS 292.495.

SECTION 53. ORS 693.120 is amended to read:

693.120. (1) The State Plumbing Board shall examine for fitness and qualifications all persons applying for [certificates to engage in the business, trade or calling of a] journeyman plumber licenses.

(2) The examination for [a certificate as] a journeyman plumber license shall consist of the following two parts:

(a) A written examination; and

(b) A practical examination requiring the demonstration of mechanical plumbing skills.

SECTION 54. 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. The following fees shall be the maximum fees established under this section:

(1) For an examination for a journeyman [plumber’s certificate of competency] plumber license, $100.

(2) For a journeyman [plumber’s certificate of competency] plumber license, original and annual renewal, $50.

(3) For [registration to conduct a plumbing business,] a plumbing contractor license, original and annual renewal, $150.

(4) For examination for a supervising [plumber’s certificate of competency] plumber license, $50.

(5) For [registration as] a supervising plumber license, original and annual renewal, $50.

(6) For continuing education for renewing a [certificate of competency] license, $25.

SECTION 55. ORS 693.180 is amended to read:

693.180. [No] A person who provides services connected with plumbing, as defined in ORS 447.010, may not bring or maintain an action in the courts of this state to recover for [such] those services unless the person alleges and proves that, at the time the services were performed, the person performing [them] the services either:

(1) Held a valid journeyman [plumber’s certificate of competency] plumber license; or

[(2) Met the requirements of a plumbing apprentice under ORS chapter 660.]

(2) Was an apprentice plumber.

SECTION 56. ORS 447.030, 447.050, 479.633, 479.635, 479.640, 479.650, 479.660, 480.575, 480.635, 693.050, 693.075, 693.090, 693.100 and 693.108 are repealed.

SECTION 56a. If House Bill 3273 becomes law, section 3, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273), is repealed.

SECTION 56b. If House Bill 3273 becomes law, section 7, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273) (amending ORS 447.050), is repealed.

SECTION 56c. If House Bill 3273 becomes law, section 8, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273) (amending ORS 460.075), is repealed.

SECTION 56d. If House Bill 3273 becomes law, section 9, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273) (amending ORS 479.660), is repealed.

SECTION 56e. If House Bill 3273 becomes law, section 10, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273) (amending ORS 480.635), is repealed.

SECTION 56f. If House Bill 3273 becomes law, section 11, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273) (amending ORS 693.090), is repealed.

SECTION 56g. If House Bill 3273 becomes law, section 1, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273), is amended to read:

Sec. 1. [Sections 2 and 3 of this 2005 Act are] Section 2, chapter 416, Oregon Laws 2005, is added to and made a part of ORS chapter 455.

SECTION 56h. If House Bill 3273 becomes law, section 2, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273), is amended to read:

Sec. 2. (1) As used in this section, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

(2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

(a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

(b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

(3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification.

SECTION 56i. If House Bill 3273 becomes law, section 12, chapter 416, Oregon Laws 2005 (Enrolled House Bill 3273), is amended to read:

Sec. 12. [Sections 2 and 3 of this 2005 Act] Section 2, chapter 416, Oregon Laws 2005, and the amendments to [ORS 447.050, 460.075, 479.660, 480.635 and 693.090 and] section 1, chapter 629, Oregon Laws 2001, by [sections 4 and 7 to 11 of this 2005 Act] section 4, chapter 416, Oregon Laws 2005, apply to licenses, registrations or certificates revoked on or after the effective date of [this 2005 Act] chapter 416, Oregon Laws 2005.

SECTION 57. (1) Section 31 of this 2005 Act, the amendments to statutes and uncodified law by sections 6 to 29, 32 to 40 and 41 to 55 of this 2005 Act and the repeal of statutes by section 56 of this 2005 Act become operative July 1, 2006.

(2) The regulatory bodies described in sections 2 to 5 of this 2005 Act shall adopt rules under sections 2 to 5 of this 2005 Act to first become operative July 1, 2006.

(3) Sections 2 and 31 of this 2005 Act, the amendments to statutes and uncodified law by sections 6 to 29, 32 to 40 and 41 to 55 of this 2005 Act and the repeal of statutes by section 56 of this 2005 Act:

(a) Do not invalidate a license, certificate, registration or other authorization issued under ORS 446.003 to 446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 447.010 to 447.156, 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 455, 460 or 693 or a rule adopted by the Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or a specialty code advisory board. If a person applies to renew a certificate, registration or other authorization issued under ORS 447.010 to 447.156, 460.005 to 460.175 or 480.510 to 480.670, and the certificate, registration or other authorization system has been superseded by a licensing system, the person shall be treated as an applicant for renewal of a license.

(b) Subject to any rules adopted by a regulatory body under sections 2 to 5 of this 2005 Act, do not affect the rights, duties, authority, qualification for office or other status of a person operating under a license, certificate, registration or other authorization issued prior to July 1, 2006.

(c) Do not affect any action, proceeding or prosecution begun before and pending on July 1, 2006.

(d) Do not affect any fee, civil penalty owing or other liability, duty or obligation accruing before July 1, 2006.

SECTION 57a. If House Bill 3273 becomes law, section 57 of this 2005 Act is amended to read:

Sec. 57. (1) Section 31 of this 2005 Act, the amendments to statutes and uncodified law by sections 6 to 29, 32 to 40 and 41 to 55 of this 2005 Act and the repeal of statutes by section 56 of this 2005 Act become operative July 1, 2006.

(2) The regulatory bodies described in sections 2 to [5] 4 of this 2005 Act shall adopt rules under sections 2 to [5] 4 of this 2005 Act to first become operative July 1, 2006.

(b) Subject to any rules adopted by a regulatory body under sections 2 to [5] 4 of this 2005 Act, do not affect the rights, duties, authority, qualification for office or other status of a person operating under a license, certificate, registration or other authorization issued prior to July 1, 2006.

(d) Do not affect any fee, civil penalty owing or other liability, duty or obligation accruing before July 1, 2006.

SECTION 58. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor August 23, 2005

Filed in the office of Secretary of State August 23, 2005

Effective date August 23, 2005

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