Chapter 1031 Oregon Laws 1999

Session Law

AN ACT

HB 3556

Relating to limited elevator journeymen; creating new provisions; and amending ORS 460.045, 479.530, 479.630, 479.840 and 479.910.

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

SECTION 1. ORS 479.530 is amended to read:

479.530. As used in ORS 479.510 to 479.945, 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 board under ORS 479.730.

(2) "Board" means the Electrical and Elevator Board established under ORS 455.138.

(3) "Certified electrical product" means an electrical product that is certified under ORS 479.760 and that is not decertified.

(4) "Competent inspection service" means an electrical inspection service of a city or county administered under ORS 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

(5) "Commercial electrical air conditioning equipment" means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

(6) "Department" means the Department of Consumer and Business Services.

(7) "Director" means the Director of the Department of Consumer and Business Services.

(8) "Dwelling unit" means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

(9) "Electrical installations" means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. "Electrical installation" also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. "Electrical installation" does not include an oil module.

(10) "Electrical product" means any electrical equipment, appliance, material, device or apparatus to convey or be operated by electrical current.

(11) "Equipment" means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

(12) "Field evaluation firm" means an independent organization that provides:

(a) Evaluations or testing, or both;

(b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

(13) "Industrial electrical equipment" means electrical products used in industry or government that utilizes electric energy for mechanical, chemical, heating, lighting or similar purposes, that is designed to service or produce a product and that is used directly in the production of the service or product. "Industrial electrical equipment" does not include:

(a) Wiring to be connected to industrial electrical products.

(b) Any other electrical product that is not an original part of industrial electrical equipment.

(14) "Installation label" means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

(15) "License" means an annual permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, [or] apprentice electrician or limited elevator journeyman as indicated thereon.

(16) "Minimum safety standards" means safety standards prescribed by the department under ORS 479.730.

(17) "Multifamily dwelling" means a building containing more than one dwelling unit.

(18) "Oil module" means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

(19) "Permit" means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

(20) "Single family dwelling" means a building consisting solely of one dwelling unit.

(21) "Uncertified product" means any electrical product that is not an electrical product certified under ORS 479.760.

SECTION 2. ORS 479.630 is amended to read:

479.630. Upon payment of applicable examination and license fees required under ORS 479.840, 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) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) 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) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) 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) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) 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) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) 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 [a three-year] 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 license issued under this subsection is exempt from continuing education requirements established under ORS 479.650 and 479.680.

(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 such a recognized branch of the electrical trade approved by the Electrical and Elevator Board as being a training program which will adequately prepare the trainee for such limited journeyman's license providing that such 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) 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) 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) No worker or applicant for license under this subsection shall be deemed in violation of this chapter by reason of electrical maintenance, replacement and repair work performed during the period of required experience whenever required prior to August 9, 1961. 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;

(C) Light fixtures;

(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) 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) 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 such work. Nothing in this subsection allows 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 section. 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 and sump pumps and effluent pumps on residential property and to employ individuals to engage in such work. 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.

(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 shall be that floor which is designed for human habitation and which 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) 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) 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) 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) Notwithstanding any other provision of this chapter, the board shall 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 such training or experience is not equivalent to the standards for electrical training programs prescribed in this state.

SECTION 3. ORS 479.840 is amended to read:

479.840. Upon receipt of the following fee, the Department of Consumer and Business Services shall issue or renew a license or permit applied for under ORS 479.510 to 479.945:

(1) $125 for an electrical contractor license for each place of business operated by the applicant.

(2) $125 for a limited energy contractor or limited sign contractor license.

(3) $25 for a pump specialty contractor or limited maintenance specialty contractor license.

(4) $150 for an elevator contractor license.

(5) $100 for a license for a:

(a) General journeyman electrician;

(b) General supervising electrician;

(c) Limited supervising industrial electrician;

(d) Limited supervising manufacturing plant electrician;

(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.

(6) $50 for a license for a:

[(a) Limited journeyman elevator electrician;]

[(b) Limited journeyman elevator service electrician;]

(a) Limited elevator journeyman;

[(c)] (b) Limited journeyman limited energy electrician;

[(d)] (c) Limited journeyman sign electrician;

[(e)] (d) Limited journeyman sign service electrician;

[(f)] (e) Limited journeyman stage electrician; and

[(g)] (f) Limited building maintenance electrician.

(7) The Electrical and Elevator Board shall set uniform permit fees, by rule, not to exceed the cost of administration.

(8) $10 for the right to take the written qualifying examination.

(9) The fees provided for in this section shall not apply to persons paying inspection fees under the terms of ORS 479.560 (3) or 479.630 (10).

(10) 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 4. ORS 460.045 is amended to read:

460.045. Subject to ORS 460.035, [no] a person shall not:

(1) Engage in the business of installation, alteration, repair or maintenance of an elevator without an elevator contractor's license.

(2) Install, alter, repair or maintain an elevator unless the person possesses a valid license issued under ORS 479.630 (6) or section 6 of this 1999 Act.

[(2)] (3) Install, alter, or commence to install or alter, an elevator covered by ORS 460.005 to 460.175 the plans and pertinent data for which have not been approved by the Department of Consumer and Business Services.

[(3)] (4) Permit or suffer an elevator to be operated, without a current operating permit, on property which the person owns, controls, manages or supervises.

[(4)] (5) Act or offer to act as a certified elevator inspector unless the person has a current certificate of competency as an elevator inspector issued by the department.

[(5)] (6) Place in service a new or altered elevator without a current operating permit issued after a satisfactory acceptance inspection made by the department and satisfactory acceptance tests performed in the presence of a member of the department's staff of elevator inspectors.

[(6)] (7) Place in service an elevator which has caused an injury to a person or persons until permission has been obtained from the department.

SECTION 5. Sections 6 to 8 of this 1999 Act are added to and made a part of ORS 460.005 to 460.175.

SECTION 6. The Electrical and Elevator Board shall establish by rule criteria for issuing 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 shall establish conditions and the specific scope of work that may be performed by a person licensed under this section.

SECTION 7. The Department of Consumer and Business Services by rule shall establish criteria for issuing 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 the effective date of this 1999 Act. 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 8. Notwithstanding ORS 460.045 (2), the following persons may conduct electrical and mechanical repairs on an elevator located in an industrial plant:

(1) A limited supervising electrician licensed under ORS 479.630 (3).

(2) A limited journeyman electrician licensed under ORS 479.630 (5).

SECTION 9. (1) Nothing in the amendments to ORS 479.630 by section 2 of this 1999 Act is intended to limit the scope of licensed professional activities of a person lawfully licensed under ORS 479.630 (6) prior to the effective date of this 1999 Act.

(2) The Department of Consumer and Business Services shall issue a license under ORS 479.630 (6), as amended by section 2 of this 1999 Act, to a person licensed under ORS 479.630 (6) (1997 Edition) on the effective date of this 1999 Act, upon renewal of the license or upon application and payment of applicable fees.

SECTION 10. ORS 479.910 is amended to read:

479.910. (1) Upon payment of an examination and license or renewal fee, the Department of Consumer and Business Services shall issue a restricted energy electrician's license to a person who qualifies under ORS 479.915. A person licensed under ORS 479.915 may perform restricted energy electrical activity in the area for which the licensee has obtained an indorsement as provided in ORS 479.920.

(2) A person licensed under ORS 479.915 shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

(3) The examination and license fee, and the renewal fee, for a restricted energy electrician's license are the same as those set forth in ORS 479.840 [(6)(c)] (6)(b) for a limited energy electrician's license.

(4) The continuing education requirement shall not exceed eight hours of classes every three years on changes to the electrical code.

Approved by the Governor August 20, 1999

Filed in the office of Secretary of State August 23, 1999

Effective date October 23, 1999

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