74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2219
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services and
Office of Regulatory Streamlining of Department of Consumer and
Business Services)
CHAPTER ................
AN ACT
Relating to the administration of building trade licensing
programs; amending ORS 446.210, 479.530, 479.630, 479.840,
479.910, 479.945, 480.545, 480.605, 480.630, 693.010, 693.030,
693.060, 693.095, 693.103, 693.120 and 693.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 446.210 is amended to read:
446.210. (1) The Director of the Department of Consumer and
Business Services shall issue a limited maintenance electrician's
license to a person who:
(a) Pays the { + applicable application + } fee required under
ORS 479.840;
(b) Complies with ORS 479.510 to 479.945 and the rules adopted
under ORS 455.117 and 479.510 to 479.945;
(c) Passes a written examination administered 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 as provided by department rule that the
person has sufficient experience in the repair and maintenance of
electrical problems of the type and nature found in a
manufactured structure.
(2) A person licensed under this section may repair and
maintain electrical wiring and equipment used in a manufactured
structure.
{ + NOTE: + } Section 2 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 3. ORS 479.530 is amended to read:
479.530. As used in ORS 479.510 to 479.945 and 479.995, unless
the context requires otherwise:
(1) 'Approved testing laboratory' means a testing laboratory
that meets criteria for electrical product evaluation established
by the Director of the Department of Consumer and Business
Services with the approval of the Electrical and Elevator Board
under ORS 479.730.
(2) 'Board' means the Electrical and Elevator Board established
under ORS 455.138.
(3) 'Certified electrical product' means an electrical product
that is certified under ORS 479.760 and that is not decertified.
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(4) 'Competent inspection service' means an electrical
inspection service of a city or county administered under ORS
455.148 or 455.150 that employs electrical inspectors who are
certified to meet standards under ORS 479.810.
(5) 'Commercial electrical air conditioning equipment ' means
heating, cooling, refrigeration, dehumidifying, humidifying and
filtering equipment used for climatizing or moving of air if used
in commerce, industry or government and if installed in a place
not accessible to the general public other than the switches
regulating the operation of the equipment.
(6) 'Demarcation point' means the place of interconnection
between the communications cabling, terminal equipment or
protective apparatus of the telecommunications service provider
and the customer's premises.
(7) 'Department' means the Department of Consumer and Business
Services.
(8) 'Director' means the Director of the Department of Consumer
and Business Services.
(9) 'Dwelling unit' means one or more rooms for the use of one
or more persons as a housekeeping unit with space for eating,
living and sleeping and permanent provisions for cooking and
sanitation.
(10) 'Electrical installations' means the construction or
installation of electrical wiring and the permanent attachment or
installation of electrical products in or on any structure that
is not itself an electrical product. 'Electrical installation'
also means the maintenance or repair of installed electrical
wiring and permanently attached electrical products. 'Electrical
installation' does not include an oil module.
(11) 'Electrical product' means any electrical equipment,
material, device or apparatus that, except as provided in ORS
479.540, requires a license or permit to install and either
conveys or is operated by electrical current.
(12) 'Equipment' means any material, fittings, devices,
appliances, fixtures, apparatus or the like that are used as part
of or in connection with an electrical installation.
(13) 'Field evaluation firm' means an independent organization
that provides:
(a) Evaluations or testing, or both; and
(b) Documentation regarding compliance with electrical product
safety standards and with the electrical installation safety
code.
(14) 'Industrial electrical equipment' means electrical
products used in industry or government that utilizes electric
energy for mechanical, chemical, heating, lighting or similar
purposes, that is designed to service or produce a product and
that is used directly in the production of the service or
product.
(15) 'Installation label' means an adhesive tag issued by
governmental agencies that administer the Electrical Safety Law
to licensed electrical contractors for application to those minor
electrical installations for which the board by rule determines
to be appropriate for random inspections.
(16) 'License' means { - an annual - } { + a + } permit
issued by the department under ORS 479.630 authorizing the person
whose name appears as licensee thereon to act as an electrical
contractor, supervising electrician, journeyman electrician,
apprentice electrician or limited elevator journeyman as
indicated thereon.
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(17) 'Minimum safety standards' means safety standards
prescribed by concurrence of the board and the director under ORS
479.730.
(18) 'Multifamily dwelling' means a building containing more
than one dwelling unit.
(19) 'Oil module' means a prefabricated structure manufactured
to the specifications of the purchaser and used outside this
state in the exploration for or processing or extraction of
petroleum products.
(20) 'Permit' means an official document or card issued by the
enforcing agency to authorize performance of a specified
electrical installation.
(21) 'Single family dwelling' means a building consisting
solely of one dwelling unit.
(22) 'Telecommunications service provider' means a
telecommunications carrier as defined in ORS 133.721 or a
telecommunications utility or competitive telecommunications
provider, both as defined in ORS 759.005.
(23) 'Uncertified product' means any electrical product that is
not an electrical product certified under ORS 479.760.
SECTION 4. ORS 479.630 is amended to read:
479.630. If the person pays the applicable { - examination
and license fees - } { + application fee + } required under ORS
479.840 and complies with ORS 479.510 to 479.945 and the rules
adopted under ORS 455.117 and 479.510 to 479.945, 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.
(2) A general supervising electrician's license to a person
who:
(a) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(b) Submits proof satisfactory to the 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) Passes a written examination prepared by the board and
administered by the department; and
(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) Passes a written examination prepared by the board and
administered by the department; and
(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
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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) Passes a written examination prepared by the board and
administered by the department; and
(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
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 455.117 and 479.680.
(7) An electrical apprentice's license to a person who has
complied with ORS 660.002 to 660.210 as an electrical apprentice.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who has complied with
ORS 660.002 to 660.210 as an electrical apprentice.
(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 board as being a
training program that will adequately prepare the trainee for the
limited journeyman's license.
(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 board. The following apply
to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Passes a written examination prepared by the board and
administered by the department on repair, replacement and
maintenance of equipment of the type and nature normally used in
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an industrial plant, commercial office building or government
building and on the use of testing equipment; and
(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, in consultation with the 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;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Passes a written examination prepared by the 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
(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
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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. 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:
(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:
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(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;
(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
(c) Passes a written examination prepared by the board and
administered by the department.
(15) A Class I or Class II oil module electrician's license to
a person who passes a written examination prepared by the 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.
(C) To connect generators that are sized to facilitate the
inverter in an off-grid system.
SECTION 5. ORS 479.840 is amended to read:
479.840. (1) Upon { - receipt - } { + receiving payment + }
of the
{ - following - } { + applicable application + } fee, the
Department of Consumer and Business Services { - shall - }
{ + may + } issue or renew a license or permit applied for
under ORS 479.510 to 479.945 { + . The fee to apply for or renew
a license is + }:
(a) $125 { + per year + } for an electrical contractor license
for each place of business operated by the applicant.
(b) $125 { + per year + }for a limited energy
contractor { + , restricted energy contractor + } or limited sign
contractor license.
(c) $25 { + per year + } for a pump specialty contractor or
limited maintenance specialty contractor license.
(d) $150 { + per year + } for an elevator contractor license.
(e) $100 for a { + three-year + } license for a:
(A) General journeyman electrician;
(B) General supervising electrician;
(C) Limited supervising industrial electrician;
(D) Limited supervising manufacturing plant electrician;
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(E) Limited journeyman industrial electrician;
(F) Limited maintenance industrial electrician;
(G) Limited maintenance manufactured dwelling or recreational
vehicle electrician;
(H) Limited journeyman manufacturing plant electrician; or
(I) Limited journeyman railroad electrician.
(f) $50 for a { + three-year + } license for a:
(A) Limited elevator journeyman;
(B) Class A or Class B limited energy technician;
(C) Limited journeyman sign electrician;
(D) Limited journeyman sign service electrician;
(E) Limited journeyman stage electrician; or
(F) Limited building maintenance electrician.
{ - (g) $10 for the right to take the written qualifying
examination. - }
(2) The Electrical and Elevator Board shall set uniform permit
fees, by rule, not to exceed the cost of administration.
(3) The fees provided for in this section do not apply to
persons paying inspection fees under the terms of ORS 479.560 (3)
or 479.630 (10).
(4) Each electrical contractor may furnish to the department a
corporate surety bond to be approved by the department, an
irrevocable letter of credit issued by an insured institution as
defined in ORS 706.008 or a cash bond under procedures approved
by the department, in the sum of $2,000 guaranteeing the payment
of all fees provided for under ORS 479.510 to 479.945. Before
commencing any electrical job an electrical contractor who has a
current bond or letter of credit under this subsection may apply
to the department for a working permit which shall cost an amount
established by the department by rule. The working permit shall
authorize the electrical contractor to commence work. The total
of all fees due for permits for each job, and the time such fees
are payable, shall be determined by the department by
administrative rule under ORS 479.730. The contractor shall keep
the bond or letter of credit in force at all times. Any
cancellation or revocation of the bond or letter of credit shall
revoke and suspend the license issued to the principal until such
time as a new bond or letter of credit shall be filed and
approved. The department may bring an action against the surety
named in the bond or the letter of credit issuer with or without
joining in such action the principal named in the bond or letter
of credit.
SECTION 6. ORS 479.910 is amended to read:
479.910. (1) Upon payment of an { - examination and
license - } { + application + } or renewal fee, the Department
of Consumer and Business Services shall issue a Class B limited
energy technician license to a person who qualifies under ORS
479.915. A person licensed under this section may perform limited
energy electrical activity except protective signaling as defined
in ORS 479.905.
(2) A person licensed under this section shall comply with the
permit and code compliance requirements under ORS 479.510 to
479.945.
(3) The { - examination and license - } { + application + }
fee, and the renewal fee, for a Class B limited energy technician
license are the same as those for a Class A limited energy
technician license.
(4) The Electrical and Elevator Board shall establish
continuing education requirements for persons licensed under this
section, not to exceed 24 hours of classes every three years.
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SECTION 7. 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
ORS 455.117.
(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 - } { + A person applying + } for
licensing under this section shall { + pay the applicable
application fee required under ORS 479.840 and + }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
(c) Maintain with the board a current form of identification
card used by the contractor.
(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.
SECTION 8. ORS 480.545 is amended to read:
480.545. (1) Under ORS chapter 183 the Board of Boiler Rules
may adopt and enforce rules and minimum safety standards to carry
out ORS 480.510 to 480.670 and adopt standards for persons
performing welding on boilers and pressure vessels.
(2) All proceedings in the administration of ORS 480.510 to
480.670 shall be conducted under ORS chapter 183 and,
additionally, where applicable, under ORS 480.615.
(3) In addition to the rules otherwise provided, and subject to
ORS chapter 183, the board shall adopt rules concerning the
times, dates, frequency and manner of giving notice to interested
persons of intention to consider one or more of the things which
the board may consider under this section.
(4) All rules and minimum safety standards adopted under this
section shall be reasonable and in substantial conformity with
generally accepted nationwide engineering standards. In adopting
rules the board shall consider the probability, extent and
gravity of injuries to health and property which would result
from the failure to adopt the standards being considered and the
standards followed, proposed or approved by members of affected
industries.
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(5) The board { - , by rule, - } shall adopt { + rules
establishing a continuing education requirement for persons
described in ORS 480.630 (8) and + }fees necessary for the
administration and enforcement of the continuing education
requirement { - under ORS 480.630 - } .
(6) Any rule adopted by the board under ORS 480.510 to 480.670
shall be submitted to the Director of Department of Consumer and
Business Services. The director shall have 30 calendar days from
the date of adoption of the rules to review them. If the director
fails to disapprove the rules within the 30-day period, the rules
become effective in accordance with their terms and as provided
by law. If the director disapproves the rules within the 30-day
period, the rules immediately shall be returned to the board with
the director's written objections, and the rules do not become
effective until approved by the director.
SECTION 9. ORS 480.605 is amended to read:
480.605. The Department of Consumer and Business Services may:
(1) Collect fees for shop inspections, inspections of vessels
and for inspection of vessels which have been changed in
installation location after primary use and for any other type of
inspection of boilers, pressure vessels or pressure piping which
may be required by any person or persons, including any
governmental units, all such inspections to be at the cost of
inspection, in accordance with the time required to make the
inspection, plus the expense of the inspector including lodging
and travel. The hourly charge, or portion thereof, shall be fixed
by the Board of Boiler Rules.
(2) Collect a fee for welding and inspectors' examinations and
for { - annual - } { + the + } renewal of inspectors'
certifications. The amount of the fee shall be fixed by the
board.
(3) Collect an additional fee from the owner or user when it is
necessary to make a special trip to witness the application of a
hydrostatic or other test. The amount of the fee shall be fixed
by the board.
SECTION 10. ORS 480.630 is amended to read:
480.630. (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 licensing
an employee or agent of a business to establish the competency of
the applicant.
{ - (4) Licenses shall be issued and renewed by the
department as provided by rules adopted under ORS 455.117 by the
Board of Boiler Rules upon payment of a fee of $25 for each
application for an employee or agent license and $150 for each
application for a boiler contractor license. - }
{ + (4) Upon payment of the applicable application fee, the
department shall issue a license to an applicant who qualifies as
provided in rules adopted under ORS 455.117 by the Board of
Boiler Rules. Upon payment of the applicable renewal application
fee, the department shall renew the license of a person who
complies with ORS 480.510 to 480.670 and the rules adopted by the
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board under ORS 455.117 or 480.545. The fee to apply for or renew
a license is:
(a) $25 per year for an employee or agent license.
(b) $150 per year for a boiler contractor license. + }
(5) A person required to be licensed under this section may not
install, alter or repair a boiler or pressure vessel unless an
appropriate permit is first secured from the department. Permits
shall be issued only to 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.
(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, 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.
(7) The 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 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.
(8) 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 - } { + comply with continuing education
requirements + }.
SECTION 11. 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 660.002 to 660.210 and who is employed by a licensed
plumbing contractor for the purpose of assisting the journeyman
plumber and learning the plumbing trade.
(2) 'Board' means the State Plumbing Board.
(3) 'Journeyman plumber' means any person holding a valid
journeyman plumber license issued under this chapter.
(4) 'Licensed plumbing contractor' means a person { - who has
made application and paid a license fee - } { + licensed as
required under ORS 447.010 to 447.156 + } 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.
SECTION 12. ORS 693.030 is amended to read:
693.030. (1) A person may not engage in the trade { - or
business - } of journeyman plumber without a journeyman plumber
license issued under this chapter.
(2) A licensed plumbing contractor or a person required under
{ - this chapter - } { + ORS 447.010 to 447.156 + } 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 license.
(b) Permit or suffer any person to work as an apprentice
plumber who does not meet the requirements of ORS 660.002 to
660.210.
Enrolled House Bill 2219 (HB 2219-A) Page 11
(c) Employ an apprentice plumber on any plumbing work,
representing the apprentice plumber to be a journeyman plumber.
(d) Charge a journeyman plumber's wage for services performed
by an apprentice plumber.
SECTION 13. ORS 693.060 is amended to read:
693.060. The State Plumbing Board shall issue a license to a
person who:
(1) By the examination provided for by this chapter is shown to
be fit, competent and qualified to engage in the { - business,
trade or calling of a - } { + trade of + } journeyman plumber;
(2) Complies with board rules adopted under ORS 455.117; and
(3) Pays the applicable { - fees - } { + application
fee + } established by the board under ORS 693.135.
SECTION 14. ORS 693.095 is amended to read:
693.095. The State Plumbing Board { - , by rule, may provide
for issuing - } { + may adopt rules that provide for the
issuance of + } 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;
(2) Comply with board rules adopted under ORS 455.117; and
(3) Pay the applicable { - fees - } { + application fee + }
established by the board under ORS 693.135.
SECTION 15. ORS 693.103 is amended to read:
693.103. (1) The State Plumbing Board, by rule, may license
limited specialty plumbers who:
(a) Demonstrate to the satisfaction of the board competency in
the laws, rules, ordinances and practices relating to a plumbing
specialty; and
(b) Pay the { - applicable - } { + journeyman plumber
application + } 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 in existing plumbing
designed for that purpose if the installation or replacement does
not require an alteration of the existing plumbing.
(b) Qualification for a limited specialty plumber license under
this subsection shall include testing and a requirement for
training.
(c) This subsection does not otherwise affect the ability of
persons licensed under subsection (1) of this section to make
connections to water systems.
SECTION 16. ORS 693.120 is amended to read:
693.120. { - (1) - } The State Plumbing Board shall examine
{ - for fitness and qualifications - } all persons applying for
journeyman plumber licenses { + for qualifications + }. { + The
examination shall be in written form. + }
{ - (2) The examination for 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 17. ORS 693.135 is amended to read:
693.135. The State Plumbing Board { - , by rule, shall
establish - } { + shall adopt rules establishing + } fees to be
charged by and paid to the board { - under this chapter - } .
Enrolled House Bill 2219 (HB 2219-A) Page 12
The following { - fees - } shall be the maximum fees
established under this section:
(1) For an { - examination - } { + application + } for a
journeyman plumber license, $100.
(2) For a journeyman plumber license { - , original and
annual - } renewal, $50 { + per year + }.
{ + (3) For an application for a plumbing contractor license,
$150. + }
{ - (3) - } { + (4) + } For a plumbing contractor license
{ - , original and annual - } renewal, $150 { + per year + }.
{ - (4) - } { + (5) + } For { - examination - } { + an
application + } for a supervising plumber license, $50.
{ - (5) - } { + (6) + } For a supervising plumber license
{ - , original and annual - } renewal, $50 { + per year + }.
{ - (6) - } { + (7) + } For continuing education for
renewing a license, $25 { + per year + }.
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Passed by House April 19, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 15, 2007
...........................................................
President of Senate
Enrolled House Bill 2219 (HB 2219-A) Page 13
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2219 (HB 2219-A) Page 14