Chapter 479 — Protection
of Buildings From Fire; Electrical Safety Law
2011 EDITION
PROTECTION OF BUILDINGS; ELECTRICAL
SAFETY
PROTECTION FROM FIRE
PROTECTION OF BUILDINGS FROM FIRE
479.015 Smoking
in public elevator prohibited; penalty
479.155 Plan
of proposed construction or alteration; declaration of value; approval of plan;
effect of approval; rules
479.165 Certification
of fire officials; rules
479.168 Definitions
for ORS 479.168 to 479.190 and 479.990
479.170 Ordering
repair of, or removal of material from, buildings
479.180 Appeal
from order to comply with fire prevention statutes; fee
479.190 Liability
in damages for failure to comply with order under ORS 479.170
479.195 Assembly
occupancy limits; prohibition against exceeding limit; remedies
479.200 Fire
protection water supply for public buildings; rules
INSPECTION OF INSTITUTIONS
479.210 “Institution”
defined for ORS 479.215 to 479.220
479.215 Institution
not to be licensed or certificated unless in compliance with fire safety requirements;
inspection; list of licensed or approved institutions
479.217 Temporary
permit in lieu of inspection approval under ORS 479.215; cancellation;
extension or renewal
479.220 Institution
inspection by State Fire Marshal; notification to licensing agency of
noncompliance
RESIDENTIAL BUILDINGS
479.250 Definitions
for ORS 479.250 to 479.305
479.255 Smoke
alarm or smoke detector required in certain structures; alarms and devices for
persons who are hard of hearing
479.257 Design
features required for certain smoke alarms; rules
479.258 Provision
of notice of smoke alarm or smoke detector requirements for persons who are
hard of hearing; rules
479.260 Transfer
of dwelling unit or lodging house without smoke alarm or smoke detector
prohibited
479.265 Action
for unlawful transfer of dwelling unit; damages; attorney fees
479.270 Owner
of rental dwelling unit to supply, install and maintain smoke alarm or smoke
detector; instructions for testing to be provided
479.275 Tenant
of rental dwelling unit to test smoke alarm or smoke detector and replace dead
batteries
479.280 Lack
of properly operating smoke alarm or smoke detector; complaint; investigation;
citation
479.285 Owner
to maintain and test certain smoke alarms and smoke detectors
479.290 Certain
persons not liable for damages resulting from mechanical failure of smoke alarm
or smoke detector
479.295 State
Fire Marshal to adopt rules setting standards and providing for implementation
of certain laws governing smoke alarms and smoke detectors
479.297 Ionization
smoke alarms; required equipment; exemptions
479.300 Removing
or tampering with smoke alarm or smoke detector prohibited
479.305 Smoking
policy disclosure
ELECTRICAL SAFETY LAW
479.510 Short
title
479.520 Purpose
479.525 Application
of Electrical Safety Law; uniformity
479.530 Definitions
for ORS 479.510 to 479.945 and 479.995
479.540 Exemptions;
rules
479.545 License
required of state employee; letter of authority
479.550 No
work on new electrical installation until permit issued; temporary permit;
rules
479.560 Issuance
of permit; when permit becomes void; master electrical inspection permit; rules
479.565 Master
individual inspection permits; fee
479.570 Energizing
of electrical installations; rules
479.610 Installation
of uncertified electrical product prohibited
479.620 Certain
electrical license required; electrical installations by unlicensed persons
prohibited
479.630 Requirements
for obtaining licenses; rules
479.632 Applicant
training or experience obtained in another state
479.670 Maintenance
of action or suit by unlicensed person prohibited
479.680 Adoption
of rules by Electrical and Elevator Board; establishment of continuing
education program
479.710 Electrical
installations must meet minimum safety standards
479.730 Adoption
of rules by Director of Department of Consumer and Business Services
479.740 Factors
to be considered in adopting rules; incorporation of standards by reference
479.760 Certification
of electrical products; safety indicators
479.770 Approved
electric ignition pilot required on certain appliances
479.810 Administration
and enforcement; Chief Electrical Inspector; inspector qualifications; rules
479.815 Inspector
conflicts of interest; rules
479.820 Duties
and powers in enforcing law
479.835 Recovery
of purchase price of product not meeting applicable laws
479.840 Fees;
rules; means to guarantee payment
479.845 Limitation
on use of local government fees
479.850 Disposition
of receipts
479.853 Appeal
procedure; distribution of major code interpretation decisions
479.854 Authority
of municipality to require license; approval of ordinance
479.855 City
and county inspection and enforcement programs
479.860 Persons
authorized to design, plan and lay out electrical installations; rules
479.870 Electrical
and Elevator Board to prescribe uniform fee calculation and permit format;
review; rules
479.905 Definitions
for ORS 479.870 and 479.905 to 479.945
479.910 Limited
energy technician license; compliance with other laws; fees; continuing
education
479.915 Limited
energy technician license requirements
479.940 Activities
not subject to licensure under ORS 479.510 to 479.945; identification cards
479.943 Activities
not subject to licensure under ORS 479.905 to 479.945
479.945 Restricted
energy contractor’s license; rules; scope; employees
RAIL FIXED GUIDEWAY SYSTEMS
479.950 Minimum
safety standards; rules; criteria
PENALTIES
479.990 Penalties
479.995 Civil
penalty for violation of ORS 479.510 to 479.945
PROTECTION OF BUILDINGS FROM FIRE
479.010
[Subsection (4) enacted as 1953 c.569 §1; 1963 c.120 §1; 1979 c.359 §1; 1979
c.764 §1a; 1987 c.158 §105; 1997 c.24 §2; 2005 c.22 §360; renumbered 479.168 in
2005]
479.015 Smoking in public elevator
prohibited; penalty. (1) It shall be unlawful for any
person to smoke cigars, cigarettes or tobacco in any form or to ignite any
substance in an elevator used by the public.
(2)
A “No Smoking” sign shall be posted and maintained in a conspicuous place on or
within any elevator operated in accordance with subsection (1) of this section,
pursuant to rules of the State Fire Marshal.
(3)
Any person who violates subsection (1) of this section shall incur a penalty of
$10 for each such violation.
(4)
Any person who violates subsection (2) of this section commits a Class D
violation. [1975 c.474 §2; 1999 c.1051 §189]
479.018 [2005
c.22 §363; repealed by 2011 c.97 §9]
479.020
[Amended by 1959 c.651 §2; 1965 c.602 §15; repealed by 2011 c.97 §9]
479.030
[Repealed by 2011 c.97 §9]
479.040 [Repealed
by 2011 c.97 §9]
479.050 [Repealed
by 2011 c.97 §9]
479.060
[Repealed by 2011 c.97 §9]
479.070
[Repealed by 1965 c.602 §30]
479.080
[Amended by 1955 c.453 §1; 1965 c.602 §17; repealed by 2011 c.97 §9]
479.090
[Amended by 1965 c.602 §17a; repealed by 2011 c.97 §9]
479.100
[Amended by 1959 c.651 §1; 1965 c.602 §18; 1983 c.740 §191; 1997 c.24 §1;
repealed by 2011 c.97 §9]
479.110
[Amended by 1963 c.317 §1; repealed by 1965 c.602 §30]
479.120
[Repealed by 1963 c.120 §2 (479.121 enacted in lieu of 479.120)]
479.121 [1963
c.120 §3 (enacted in lieu of 479.120); 1969 c.314 §52; repealed by 1979 c.764 §2]
479.130
[Repealed by 2011 c.97 §9]
479.140
[Amended by 1965 c.602 §19; 2003 c.14 §319; repealed by 2011 c.97 §9]
479.150
[Amended by 1979 c.660 §1; repealed by 2011 c.97 §9]
479.155 Plan of proposed construction or
alteration; declaration of value; approval of plan; effect of approval; rules.
(1) As used in this section, “director” means the Director of the Department of
Consumer and Business Services.
(2)
Prior to construction or alteration of a hospital, public building as defined
in ORS 479.168, public garage, dry cleaning establishment, apartment house,
hotel, bulk oil storage plant, school, institution as defined in ORS 479.210,
or any other building or structure regulated by the State Fire Marshal for use
and occupancy or requiring approval by the State Fire Marshal pursuant to
statute, the owner shall submit to the director two copies of a plan or sketch
showing the location of the building or structure with relation to the
premises, distances, lengths and details of construction as the director shall
require. A filing is not required with respect to any such building or
structure in any area exempted by order of the State Fire Marshal pursuant to
ORS 476.030. Approval of the plans or sketches by the director is considered
approval by the State Fire Marshal and satisfies any statutory provision
requiring approval by the State Fire Marshal.
(3)
A declaration of the value of the proposed construction or alteration and the
appropriate fee required under ORS 455.210 must accompany the plan or sketch.
However, the determination of value or valuation shall be made by the director.
(4)
The director shall be furnished with not fewer than two accurate copies of the
plan or sketch and details for the purpose of ascertaining compliance with
applicable fire prevention and protection statutes and regulations. The plan
examiner shall indicate on the plan or sketch and in writing approval or disapproval
and conditions for approval of the construction or alteration. One copy of the
plan or sketch shall be retained by the director and one copy shall be returned
to the applicant. No building or structure referred to in subsection (2) of
this section shall be erected or constructed without approval by the director
if the building or structure requires approval by the State Fire Marshal. After
such approval or issuance of the required permit, construction or alteration
must comply with the plan or sketch in all respects unless modified by
subsequent permit or order of the director.
(5)
The approval of a plan or sketch may not be construed to be a permit for, or an
approval of, any violation of any statute or regulation or the applicable
ordinances and regulations of any governmental subdivision of the state. The
approval of a plan or sketch may not be construed as an approval for
noncompliance with fire marshal regulations. Any condition upon approval or
disapproval is an order subject to appeal as other orders are appealable.
(6)
Notwithstanding the requirements of subsections (2) and (4) of this section,
the State Fire Marshal may, by rule, require an additional copy of a plan or
sketch for local government use and may specify that plans or sketches submitted
for review be drawn clearly and to scale. [1965 c.602 §14; 1967 c.417 §20; 1973
c.834 §33; 1977 c.821 §4; 1987 c.414 §158; 1993 c.744 §116; 1999 c.1082 §13;
2005 c.22 §364]
479.160
[Repealed by 2011 c.97 §9]
479.165 Certification of fire officials;
rules. (1) In accordance with any applicable
provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish
a certification system for fire officials who review plans, new construction,
alterations and specifications from a uniform fire code.
(2)
Fire officials who review plans, new construction, alterations and
specifications from a uniform fire code shall be certified under subsection (1)
of this section.
(3)
Nothing in this section shall be construed to expand the duties of the State
Fire Marshal with respect to regulating additional types of structures. [1993
c.463 §3]
479.168 Definitions for ORS 479.168 to
479.190 and 479.990. As used in ORS 479.168 to
479.190 and 479.990:
(1)
“Alter” in its various modes and tenses and its participial forms refers to an
alteration.
(2)
“Alterations,” as applied to a building or structure, means any change,
addition or modification in construction or occupancy.
(3)
“Construction” means the making, building, alteration, erection,
reconstruction, rebuilding or production of a building or addition or extension
thereto, or enlargement thereof, in any manner not included in the term “repair.”
(4)
“Family” means an individual or two or more persons related by blood or
marriage or a group of not more than five persons, excluding servants, who need
not be related by blood or marriage, living together in a dwelling unit.
(5)
“Hospital” means a building of any sort in which sick or injured persons are
received or kept for medical, surgical or nursing purposes.
(6)
“Occupancy” means the purpose for which a building or structure is used or
intended to be used. Change of occupancy is not intended to include change of
tenants or proprietors.
(7)
“Owner” includes a duly authorized agent or attorney, a purchaser, a devisee, a
fiduciary and a person having a vested or contingent interest in the property
in question.
(8)
“Private residence” means that part of a single, double or multiple dwelling
house or building occupied as living or sleeping quarters by one or more family
units, exclusive of any portion of such house or building devoted to
commercial, processing or manufacturing use.
(9)
“Public building” means a building in which persons congregate for civic,
political, educational, religious, social or recreational purposes, including
among others, state buildings, courthouses, schools, colleges, libraries,
museums, exhibit buildings, lecture halls, churches, assembly halls, lodge
rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation
piers, grandstands and bleachers in exhibition parks or fields, and jails.
(10)
“Repair” means restoration of an existing thing to its former state, to refit,
to mend, to make good. “Repair” does not include construction, reconstruction,
alteration or rebuilding of a building or any part thereof. [Formerly 479.010;
2011 c.97 §7]
479.170 Ordering repair of, or removal of
material from, buildings. (1) If the State Fire Marshal,
or deputies, upon an examination or inspection finds a building or other structure
which for want of proper repairs, by reason of age and dilapidated conditions,
or poorly installed electric wiring and equipment, defective chimneys,
defective gas connection, defective heating apparatus or for any other cause or
reason, is especially liable to fire, and which is so situated or occupied as
to endanger other buildings or property or human life, the officer shall order
the building to be repaired and all dangerous conditions remedied.
(2)
If the officer finds in any building or upon any premises any combustible or
explosive material, rubbish, rags, waste, oils, gasoline or inflammable
condition of any kind, dangerous to the safety of the buildings or premises or
human life, the officer shall order such materials removed or remedied.
(3)
The order shall be made against and served personally or by registered letter
upon the owner, lessee or occupant of the building or premises. Thereupon it
shall be complied with by the owner, lessee, agent or occupant within the time
fixed in the order. Upon failure to comply, the State Fire Marshal may close
the building or premises for use or occupancy until compliance has been made.
479.180 Appeal from order to comply with
fire prevention statutes; fee. (1) If the
owner, lessee, agent or occupant is aggrieved by the order of an officer under
the provisions of ORS 476.030, 479.170, 479.210 to 479.220, 480.122 to 480.160,
480.330, 480.340, 480.420 to 480.434 or 480.450 and desires a hearing, the
person may complain or appeal in writing to the State Fire Marshal within 10
days from the service of the order. The complaint or appeal shall set forth the
specific grounds of the complaint or appeal and no other ground shall be
considered thereafter. The complaint or appeal shall be accompanied by a fee of
$40 payable to the State Fire Marshal, and the State Fire Marshal may refer the
complaint or appeal to the regional appeal advisory board established for that
region by notifying the chairperson of that board and sending a copy of the
notice to the complainant or appellant. The board shall fix a time for hearing
and notify the complainant or appellant of the time and place thereof, which
shall be within 10 days after such referral by the State Fire Marshal. If the
State Fire Marshal does not refer the matter to a regional appeal advisory
board, the State Fire Marshal shall fix a time and place, not less than five
and not more than 10 days thereafter, when and where the complaint or appeal
will be heard by the State Fire Marshal. Within 10 days after receiving a recommendation
from the regional appeal advisory board, or if no referral was made to such
board, within 10 days after the hearing before the State Fire Marshal, the
State Fire Marshal may affirm, modify, revoke or vacate the order complained of
or appealed from. Unless the order is modified, revoked or vacated by the State
Fire Marshal, it shall remain in force and be complied with by the owner,
lessee, agent or occupant, and within the time fixed in the order or fixed by
the State Fire Marshal. If the State Fire Marshal vacates or revokes the order
complained of or appealed from, or modified it in any particular other than
extending time for compliance, the fee paid with the complaint or appeal shall
be refunded. Otherwise, it shall be credited to appropriate state funds, and
the State Fire Marshal shall so notify the State Treasurer.
(2)
If the complainant or appellant under subsection (1) of this section is
aggrieved by the final order of the State Fire Marshal, and if such order
necessitates the expenditure of money or involves statutory interpretation, the
complainant or appellant may, within 10 days thereafter, appeal to the circuit
court of the county in which the property is situated, notifying the State Fire
Marshal of the appeal within 10 days thereafter, which notice shall be in
writing and delivered personally or by registered letter to the marshal, or
left at the principal office of the State Fire Marshal at the state capital.
The party so appealing shall, within two days after filing the appeal, file
with the circuit court in which appeal is made a bond in an amount to be fixed
by the court or judge, but in no case less than $100, with two sufficient
sureties possessing the qualification of bail on arrest, the bond to be
approved by the court and conditioned to pay all the costs on the appeal in
case the appellant fails to sustain it or it is dismissed for any cause. In the
case of an appeal involving an order under ORS 479.170, the circuit court shall
hear and determine the appeal within 10 days after the date of filing the same.
(3)
The State Fire Marshal shall make or have made a certified summary of the
proceedings at the hearing before the regional appeal advisory board or before
the State Fire Marshal, and together with all the evidentiary matter filed in
the office of the State Fire Marshal or presented to the regional appeal
advisory board, transmit them to the circuit court at least three days prior to
the date fixed by the court for hearing when it shall be tried de novo. [Amended
by 1965 c.602 §20; 1973 c.832 §9; 2011 c.97 §3]
479.190 Liability in damages for failure
to comply with order under ORS 479.170. Anyone whose
person or property is injured by reason of the failure of the owner or occupant
to comply with any order under ORS 479.170 not appealed from, or with any such
order of the State Fire Marshal upon appeal to the State Fire Marshal, or by
any fire originating in the building or premises while the order is in effect
and not complied with, may recover from the owner or occupant the actual damage
suffered.
479.195 Assembly occupancy limits;
prohibition against exceeding limit; remedies.
(1) As used in this section, “assembly occupancy” means the use of a building
or structure, or a portion of a building or structure, in a manner that is
classified as an Assembly Group A occupancy under the structural specialty code
described in ORS chapter 455.
(2)
If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060,
or the approved authority, as provided by ORS 476.030 (3), upon examination or
inspection finds that the number of persons present under an assembly occupancy
is in excess of the maximum number of persons allowed at any one time as set
forth in a capacity notice, the State Fire Marshal, or deputies, assistants as
defined in ORS 476.060, or the approved authority, as provided in ORS 476.030
(3), may prohibit the assembly occupancy until compliance has been made.
(3)
The owner of any building or structure for which an assembly occupancy is
prohibited under subsection (2) of this section shall have immediate access to
the circuit court for the county in which the building or structure is located
for review of the order prohibiting the occupancy assembly. Such access may be
in the form of any appropriate judicial proceeding and shall be given priority
over all other cases on the docket of the circuit court.
(4)
The prohibition provided for in subsection (2) of this section does not exclude
any other remedies available to the State Fire Marshal, deputies, or approved
authority, as provided by ORS 476.030 (3). [1967 c.417 §18; 1971 c.689 §1; 1979
c.772 §25; 1993 c.185 §31; 2003 c.14 §320; 2011 c.97 §4]
479.200 Fire protection water supply for
public buildings; rules. Any public building, as defined
in ORS 479.168, erected after July 1, 1967, must have a readily available fire
protection water supply. The State Fire Marshal shall adopt rules for
determining the fire protection water supply for a public building. [1967 c.417
§19; 2005 c.22 §365; 2011 c.97 §5]
Note:
Section 11, chapter 97, Oregon Laws 2011, provides:
Sec. 11. (1)
The State Fire Marshal shall adopt rules under ORS 479.200 in time for the
rules to take effect on or before January 1, 2013.
(2)
Notwithstanding the amendments to ORS 479.200 by section 5 of this 2011 Act,
the water supply availability requirements of ORS 479.200 as set forth in the
2009 Edition of Oregon Revised Statutes shall continue in effect until the
earlier of:
(a)
The effective date of rules adopted by the State Fire Marshal under ORS
479.200; or
(b)
January 2, 2013. [2011 c.97 §11]
INSPECTION OF INSTITUTIONS
479.210 “Institution” defined for ORS
479.215 to 479.220. As used in ORS 479.215 to
479.220, unless the context requires otherwise, “institution” means:
(1)
A child-caring facility that provides residential care and that receives state
aid under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315,
418.625 to 418.685 and 418.647;
(2)
An inpatient care facility required to be licensed under ORS 441.015 to 441.087,
441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to
442.463; or
(3)
A residential facility subject to licensure under ORS 443.400 to 443.455. [1961
c.316 §1; 1963 c.202 §1; 1969 c.641 §18; 1973 c.832 §10; 1977 c.717 §18; 2007 c.71
§155]
479.215 Institution not to be licensed or
certificated unless in compliance with fire safety requirements; inspection;
list of licensed or approved institutions. (1)
Except as provided in subsection (3) of this section or in ORS 479.217, the Department
of Human Services or the Oregon Health Authority may not issue an initial
license or an initial certificate of approval to any institution when the State
Fire Marshal, or an approved representative as provided in subsection (3) of
this section, notifies in writing that the institution is not in substantial
compliance with all applicable laws and rules relating to safety from fire
established pursuant to ORS 476.030.
(2)
On January 1st of each year or as soon thereafter as practicable, the department
and the authority shall furnish the State Fire Marshal with a complete list of
all institutions licensed or approved by the department or the authority within
the State of Oregon.
(3)
The State Fire Marshal, deputy or the approved authority shall make or have
made at least once each year an inspection of any such licensed or approved
institution to determine its substantial compliance with the laws and rules as
provided in subsection (1) of this section. If any required corrective measures
are not completed within the reasonable time fixed or an extension thereof made
by order of the inspecting authority, the department or the Oregon Health
Authority shall be notified of the fact of noncompliance and appropriate action
shall be initiated in accordance with provisions of ORS 476.030 and 479.170.
Except as provided in ORS 479.217, if, at any time, the State Fire Marshal, or
deputy, or the approved authority notifies the department or the Oregon Health
Authority in writing that an institution is not in substantial compliance with
all applicable laws and rules as provided in subsection (1) of this section,
the licensing agency shall deny, withhold, suspend or revoke the license or
certificate of approval of the institution.
(4)
When an area has been exempted by the State Fire Marshal under ORS 476.030,
certification, annual inspection and notification of noncompliance when
appropriate, shall be made and performed by the approved authority of the
governmental subdivision having jurisdiction in such area. [1961 c.316 §2; 1963
c.202 §2; 1965 c.602 §21; 1973 c.832 §11; 2009 c.595 §978]
479.217 Temporary permit in lieu of
inspection approval under ORS 479.215; cancellation; extension or renewal.
(1) In lieu of an inspection approval by the State Fire Marshal or the approved
authority of a governmental subdivision having jurisdiction in an area exempted
by the State Fire Marshal, under ORS 479.215 for institutions licensed under
ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315, 418.625 to
418.685, 418.647, 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990, 442.400 to 442.463 or 443.400 to 443.455, the State Fire Marshal or
the approved authority may issue a temporary permit which meets the
requirements of ORS 479.215 for licensing of such institutions. The temporary
permit may be issued only when it appears that:
(a)
The facilities for protection from fire in an institution are adequate so that
the institution can operate without jeopardizing the health or safety of its
residents or patients; and
(b)
The institution can comply with all applicable laws and rules relating to
safety from fire within a period of two years from the date of issuance of the
temporary permit.
(2)
In issuing the temporary permit, the State Fire Marshal or approved authority
of the governmental subdivision having jurisdiction in an exempt area may
require that during the two-year period in which the temporary permit is in
effect:
(a)
Plans for compliance with all applicable laws and rules relating to safety from
fire be submitted with the application for a temporary permit;
(b)
Periodic reports be submitted on the progress of the plans for compliance; and
(c)
Special temporary provisions specified by the State Fire Marshal or the
approved authority be maintained for the protection from fire of the residents
or patients of the institution.
(3)
If at any time, the State Fire Marshal or the approved authority determines
that the facilities for protection from fire at the institution are no longer
adequate to protect the residents or patients or that the requirements imposed
under subsection (2) of this section are not being maintained, the State Fire
Marshal or the approved authority shall cancel the temporary permit and shall
notify the licensing agency of such cancellation.
(4)
Extensions and renewals may be granted on the temporary permit. [1963 c.202 §5;
1965 c.602 §22; 1973 c.832 §12; 1977 c.717 §21; 2009 c.595 §979]
479.220 Institution inspection by State
Fire Marshal; notification to licensing agency of noncompliance.
When application is made for the initial issuance or reinstatement of a license
or certificate of approval to operate and maintain an institution, or for an
enlargement or addition to a licensed or approved institution, the licensing
agency shall notify in writing the State Fire Marshal, and the State Fire
Marshal or deputy, or the approved authority in the case of an institution
located in an area exempted under ORS 476.030, shall within 30 days inspect the
institution as authorized by ORS 476.150 and within that time shall notify the
licensing agency in writing when the institution is not substantially in
compliance with all applicable laws and rules. [1961 c.316 §3; 1963 c.202 §3;
1965 c.602 §23; 1967 c.89 §9; 1973 c.832 §13; 2009 c.595 §980]
RESIDENTIAL BUILDINGS
479.250 Definitions for ORS 479.250 to
479.305. As used in ORS 479.250 to 479.305,
unless the context requires otherwise:
(1)
“Door knock alerting device” or “door knock device” means an approved
electronic unit that alerts an occupant who is hard of hearing of a knock on
the door of the sleeping room that the person who is hard of hearing is
occupying.
(2)
“Dwelling unit” means a structure or part of a structure providing complete,
independent living facilities for one or more persons including permanent
provisions for sleeping, eating, cooking and sanitation.
(3)
“Hotel” means any building containing six or more guest rooms that are rented,
hired out or made available on a regular basis for sleeping purposes but are
not used as a primary residence.
(4)
“Landlord” means the owner, lessor or sublessor of the rental dwelling unit or
guest room in the building of which it is a part.
(5)
“Lodging house” is any building or portion thereof containing not more than
five guest rooms that are made available for sleeping purposes in exchange for
compensation paid in money, goods, labor or other tender but are not used as a
primary residence.
(6)
“Smoke alarm” means a self-contained single or multiple station detection
device for products of combustion other than heat that conforms to the state
building code and rules of the State Fire Marshal and that is listed by
Underwriters Laboratories or any other nationally recognized testing
laboratory. “Smoke alarm” includes but is not limited to devices listed under
UL 217 (1998). “Smoke alarm” may include two or more single station units wired
to operate in conjunction with each other.
(7)
“Smoke alarm for persons who are hard of hearing” means an approved smoke alarm
that, when activated by smoke or products of combustion, produces an audible
and a visual warning. The visual warning shall produce a light signal
sufficient to warn a person who is hard of hearing of the presence of fire or
smoke.
(8)
“Smoke detector” means a device that is not self-contained, that detects
products of combustion other than heat, that is intended for use in conjunction
with a central control panel, that conforms to the state building code and
rules of the State Fire Marshal and that is listed by Underwriters Laboratories
or any other nationally recognized testing laboratory. “Smoke detector”
includes but is not limited to devices listed under UL 268 (1998).
(9)
“State building code” shall have the meaning for that term provided under ORS
455.010.
(10)
“Tenant” means a person entitled to occupy a dwelling unit on a rental or lease
basis. [1979 c.642 §1; 1989 c.247 §1; 1999 c.307 §1; 2007 c.70 §272; 2007 c.71 §156]
479.255 Smoke alarm or smoke detector
required in certain structures; alarms and devices for persons who are hard of
hearing. (1) Every dwelling unit regulated under
ORS chapter 90, every lodging house and every hotel guest room shall contain an
approved and properly functioning smoke alarm or smoke detector, installed in
accordance with the state building code and rules of the State Fire Marshal.
(2)
A hotel shall provide no fewer than one smoke alarm for persons who are hard of
hearing and one door knock device for each 75, or fraction thereof, rooms of
the hotel that are regularly used for sleeping.
(3)
If a person renting a room in a hotel requests a room with a smoke detector or
a smoke alarm for persons who are hard of hearing and a door knock device, the
landlord shall:
(a)
Install a portable smoke alarm for persons who are hard of hearing and a door
knock device; or
(b)
Provide the person with a room in which a smoke detector or smoke alarm for
persons who are hard of hearing and a door knock device have been permanently
installed.
(4)
The landlord may require a guest to pay a refundable deposit if the landlord
provides the smoke alarm for persons who are hard of hearing under subsection
(3)(a) of this section.
(5)
A hotel shall provide a printed notice of the requirements of subsection (3) of
this section, posted conspicuously at the place of registration or in each
guest room. [1979 c.642 §2; 1989 c.247 §2; 1999 c.307 §2; 2007 c.70 §273]
479.257 Design features required for certain
smoke alarms; rules. (1) Not later than January 1,
2002, every smoke alarm installed in a dwelling unit regulated under ORS
chapter 90, a lodging house or a hotel guest room, as required under ORS
479.255, shall contain the features described in ORS 479.297 (1) and (2).
(2)
The State Fire Marshal by rule may exempt hotels with sprinkler fire
suppression systems from the requirements of this section. [1999 c.307 §2a]
Note:
479.257 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 479 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
479.258 Provision of notice of smoke alarm
or smoke detector requirements for persons who are hard of hearing; rules.
A landlord shall provide notice of the requirements of ORS 479.250 to 479.258,
479.280 and 479.295 in a form and manner as specified by rule by the State Fire
Marshal. [1989 c.247 §4]
479.260 Transfer of dwelling unit or
lodging house without smoke alarm or smoke detector prohibited.
(1) A person may not convey fee title to any real property that includes a
dwelling unit or lodging house, or transfer possession of any dwelling unit or
lodging house pursuant to a land sale contract, unless there is installed in
the dwelling unit or lodging house a smoke detector or the required number of
approved smoke alarms, installed in accordance with the state building code and
rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms
required by this subsection must meet the requirements of ORS 479.297.
(2)(a)
A person may not convey ownership or transfer possession of any manufactured
dwelling, as defined in ORS 446.003, unless there is installed in the
manufactured dwelling the required number of approved smoke alarms or smoke
detectors, installed in accordance with the state building code or with the federal
manufactured dwelling construction and safety standards adopted under ORS
446.155.
(b)
A smoke alarm installed in a manufactured dwelling that is resold by a person
other than the manufacturer or authorized dealer must meet the requirements of
ORS 479.297. [1979 c.642 §3; 1997 c.647 §5; 1999 c.307 §§3,4; 2003 c.655 §78]
479.265 Action for unlawful transfer of
dwelling unit; damages; attorney fees. Any purchaser
or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260
may bring an individual action in an appropriate court to recover actual
damages or $50, whichever is greater. In any action brought by a person under
this section, the court may award to the prevailing party, in addition to the
relief provided in this section, reasonable attorney fees at trial and on
appeal and costs. Actions brought under this section must be commenced within
one year of the date of sale or transfer. Notwithstanding the provisions of
this section, violation of ORS 479.260 does not affect the transfer of the
title, ownership or possession of the dwelling unit. [1979 c.642 §4; 1981 c.897
§56; 1995 c.618 §77; 2003 c.655 §79]
479.270 Owner of rental dwelling unit to
supply, install and maintain smoke alarm or smoke detector; instructions for
testing to be provided. (1) The owner of any rental
dwelling unit or the owner’s authorized agent shall be responsible for
supplying, installing and maintaining the required smoke alarms or smoke
detectors and shall provide a written notice containing instructions for
testing of the devices. The notice shall be given to the tenant at the time the
tenant first takes possession of the premises.
(2)
The duty of the owner or authorized agent of the owner to maintain the required
smoke alarms or smoke detectors, including providing working batteries, arises
only:
(a)
Prior to the beginning of every new tenancy when the tenant first takes
possession of the premises; and
(b)
During the tenancy upon written notice from the tenant of any deficiency, not
including replacing dead batteries, as provided in ORS 479.275.
(3)
Supplying and maintaining a smoke alarm or smoke detector under ORS 479.250 to
479.305 shall be considered a habitable condition under ORS 90.320. [1979 c.642
§5; 1993 c.369 §19; 1999 c.307 §6]
479.275 Tenant of rental dwelling unit to
test smoke alarm or smoke detector and replace dead batteries.
It shall be the responsibility of the tenant of any rental dwelling unit to
perform such tests on the smoke alarms or smoke detectors located in a part of
the dwelling unit that the tenant is entitled to occupy to the exclusion of
others as are recommended by the manufacturer’s instructions and immediately
notify, in writing, the owner or authorized agent of any deficiencies. Testing
intervals shall not exceed six months. It shall also be the responsibility of
the tenant during the tenancy to replace any dead batteries, as needed. [1979
c.642 §6; 1981 c.309 §2; 1993 c.369 §20; 1999 c.307 §7]
479.280 Lack of properly operating smoke
alarm or smoke detector; complaint; investigation; citation.
(1) If a rental dwelling unit is not equipped with the required smoke alarm or
smoke detector, or if the smoke alarm or smoke detector is not operating
properly and the owner or the owner’s authorized agent has not installed a properly
operating smoke alarm or smoke detector within 10 days after receiving written
notice from the tenant of the deficiency, the tenant may file a complaint with
the State Fire Marshal or the appropriate official charged with the duty of
providing fire protection services within the local jurisdiction.
(2)
Upon receipt of a complaint filed under subsection (1) of this section, the
State Fire Marshal or the appropriate local fire official shall investigate the
alleged violation of ORS 479.250 to 479.305. If the State Fire Marshal or
appropriate local fire official finds that the landlord has failed to install a
properly operating smoke alarm or smoke detector in the unit under
investigation, the State Fire Marshal or local fire official may issue a citation
which shall substantially conform to the requirements for a citation under ORS
chapter 153.
(3)
In the absence of a complaint from the tenant, the State Fire Marshal or an
appropriate local fire official may initiate the citation process by presenting
the owner with a written notice of the deficiency and specifying a period of
not less than 10 days for compliance.
(4)
If the State Fire Marshal or appropriate local fire official finds that the
landlord of a hotel or lodging house has failed to comply with the requirements
of ORS 479.255 (2) or (3), the State Fire Marshal or local fire official may
issue a citation which shall substantially conform to the requirements for a
citation under ORS chapter 153. [1979 c.642 §7; 1981 c.309 §1; 1989 c.247 §6;
1999 c.307 §8; 1999 c.1051 §135]
479.285 Owner to maintain and test certain
smoke alarms and smoke detectors. Where the
smoke alarm or smoke detector is located in a common area of a lodging house,
the owner or the owner’s authorized agent shall be responsible for maintenance
of the required smoke alarm or smoke detector and for performing such tests as
are recommended by the manufacturer and is not required to provide notice of
instructions under ORS 479.270. Testing intervals shall not exceed six months. [1979
c.642 §8; 1993 c.369 §21; 1999 c.307 §9]
479.290 Certain persons not liable for
damages resulting from mechanical failure of smoke alarm or smoke detector.
The owner, owner’s authorized agent, tenant, contract seller or contract
purchaser of a dwelling unit shall not be held liable in any civil action for
damages for death or injury to persons or property resulting from the
mechanical failure of a smoke alarm or smoke detector required under ORS
479.250 to 479.305. [1979 c.642 §9; 1999 c.307 §10]
479.295 State Fire Marshal to adopt rules
setting standards and providing for implementation of certain laws governing
smoke alarms and smoke detectors.
Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall
adopt, by rule:
(1)
Standards for the installation and maintenance of smoke alarms and smoke
detectors as the State Fire Marshal considers necessary to carry out the
purposes of ORS 479.250 to 479.305; and
(2)
Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2). [1979
c.642 §10; 1989 c.247 §5; 1999 c.307 §11; 2001 c.411 §22; 2011 c.97 §8]
479.297 Ionization smoke alarms; required
equipment; exemptions. (1) All ionization smoke alarms
sold in this state that are solely battery-operated shall be packaged with a
10-year battery.
(2)
All ionization smoke alarms sold in this state shall include a “hush” mechanism
that allows a person to temporarily disengage the alarm for a period of not
more than 15 minutes.
(3)
The provisions of this section do not apply to:
(a)
Smoke alarms specifically designed for persons who are hard of hearing;
(b)
Smoke alarms sold in this state for shipment out of state; or
(c)
Smoke alarms sold for installation in recreational vehicles, commercial
vehicles, railroad equipment, aircraft, marine vessels or manufactured
dwellings.
(4)
The sale of a recreational vehicle, commercial vehicle, railroad equipment,
aircraft, marine vessel or new manufactured dwelling containing a smoke alarm
does not constitute sale of a smoke alarm. [1997 c.647 §2,3; 1999 c.307 §12;
2007 c.70 §274]
479.300 Removing or tampering with smoke
alarm or smoke detector prohibited. No person
shall remove or tamper with a properly functioning smoke alarm or smoke
detector installed in conformance with ORS 479.250 to 479.305. This prohibition
includes removal of working batteries. [1979 c.642 §11; 1993 c.369 §22; 1999
c.307 §13]
479.305 Smoking policy disclosure.
(1) Except as provided in subsection (2) of this section, the rental agreement
for a dwelling unit regulated under ORS chapter 90 must include a disclosure of
the smoking policy for the premises on which the dwelling unit is located. The
disclosure must state whether smoking is prohibited on the premises, allowed on
the entire premises or allowed in limited areas on the premises. If the smoking
policy allows smoking in limited areas on the premises, the disclosure must
identify the areas on the premises where smoking is allowed.
(2)
This section does not apply to a rental agreement subject to ORS 90.505 to 90.840
for space in a facility as defined in ORS 90.100. [2009 c.127 §2]
479.410
[Repealed by 1959 c.406 §34]
479.420
[Repealed by 1959 c.406 §34]
479.430
[Repealed by 1959 c.406 §34]
479.440
[Amended by 1955 c.689 §1; 1957 c.429 §1; repealed by 1959 c.406 §34]
479.450
[Repealed by 1959 c.406 §34]
ELECTRICAL SAFETY LAW
479.510 Short title.
ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law. [1959
c.406 §1; 1981 c.815 §2]
479.520 Purpose.
The purpose of the Electrical Safety Law is to protect the health and safety of
the people of Oregon from the danger of electrically caused shocks, fires and
explosions and to protect property situated in Oregon from the hazard of
electrically caused fires and explosions. To accomplish this purpose the
Legislative Assembly intends to provide a procedure:
(1)
For determining where and by whom electrical installations are being made and
where electrical products are sold in this state.
(2)
To assure the public that persons making electrical installations in this state
are qualified by experience and training.
(3)
To assure the public that electrical installations meet minimum safety
standards and that electrical products meet electrical product safety
standards.
(4)
For the administration and enforcement of the Electrical Safety Law by the
Department of Consumer and Business Services and the Electrical and Elevator
Board.
(5)
By which the cost of administering and enforcing the Electrical Safety Law is
defrayed by the collection of fees in connection with the issuing of permits
and electrical licenses and the collection of civil penalties. [1959 c.406 §2;
1981 c.815 §3; 1987 c.414 §33; 1993 c.744 §117; 2003 c.299 §1; 2011 c.597 §220]
479.525 Application of Electrical Safety
Law; uniformity. Except as provided in ORS
479.854, the Electrical Safety Law shall be applicable and uniform throughout
this state and in all municipalities, and no municipality shall enact or
enforce any ordinance, rule or regulation relating to the same matters encompassed
by the Electrical Safety Law. [1983 c.580 §3]
479.527 [1985
c.826 §2; repealed by 1987 c.874 §1]
479.530 Definitions for ORS 479.510 to
479.945 and 479.995. As used in ORS 479.510 to
479.945 and 479.995, unless the context requires otherwise:
(1)
“Approved testing laboratory” means a testing laboratory that meets criteria
for electrical product evaluation established by the Director of the Department
of Consumer and Business Services with the approval of the Electrical and
Elevator Board under ORS 479.730.
(2)
“Board” means the Electrical and Elevator Board established under ORS 455.138.
(3)
“Certified electrical product” means an electrical product that is certified
under ORS 479.760 and that is not decertified.
(4)
“Competent inspection service” means an electrical inspection service of a city
or county administered under ORS 455.148 or 455.150 that employs electrical
inspectors who are certified to meet standards under ORS 479.810.
(5)
“Commercial electrical air conditioning equipment” means heating, cooling,
refrigeration, dehumidifying, humidifying and filtering equipment used for
climatizing or moving of air if used in commerce, industry or government and if
installed in a place not accessible to the general public other than the switches
regulating the operation of the equipment.
(6)
“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 utilize electric energy for mechanical, chemical, heating,
lighting or similar purposes, that are designed to service or produce a product
and that are 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 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, electrical
apprentice or limited elevator journeyman as indicated thereon.
(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. [1959 c.406 §3; 1971 c.753 §55; 1973 c.834
§35; 1981 c.815 §4; 1983 c.733 §1; 1985 c.826 §3; 1987 c.414 §34; 1987 c.575 §4;
1987 c.874 §2; 1993 c.744 §118; 1995 c.706 §1; 1999 c.59 §159; 1999 c.1031 §1;
2001 c.573 §16; 2003 c.222 §1; 2003 c.299 §2; 2005 c.435 §2; 2007 c.271 §3;
2011 c.9 §67]
479.540 Exemptions; rules.
(1) Except as otherwise provided in this subsection, a person is not required
to obtain a license to make an electrical installation on residential or farm
property that is owned by the person or a member of the person’s immediate
family if the property is not intended for sale, exchange, lease or rent. The
following apply to the exemption established in this subsection:
(a)
The exemption established for a person under this subsection does not exempt
the work performed by the person from having to comply with the requirements
for such work under ORS chapter 455 or this chapter and rules adopted
thereunder.
(b)
If the property is a building used as a residence and is for rent, lease, sale
or exchange, this subsection establishes an exemption for work on, alterations
to or replacement of parts of electrical installations as necessary for
maintenance of the existing electrical installations on that property, but does
not exempt new electrical installations or substantial alterations to existing
electrical installations on that property. As used in this paragraph, “new
electrical installations or substantial alterations” does not include the
replacement of an existing garbage disposal, dishwasher or electric hot water
heater with a similar appliance of 30 amps or less, single phase, by a
landlord, landlord’s agent or the employee of the landlord or landlord’s agent.
(2)
An electrical contractor license is not required in connection with an
electrical installation:
(a)
Of meters and similar devices for measuring electricity by a person principally
engaged in the business of generating or selling electricity in connection with
the construction or maintenance of electrical lines, wires or equipment.
(b)
Of ignition or lighting systems for motor vehicles.
(c)
To be made by a person on the person’s property in connection with the person’s
business.
(d)
To be made by a public utility, consumer-owned utility as defined in ORS
757.270, telecommunications carrier as defined in ORS 133.721, competitive
telecommunications provider as defined in ORS 759.005 or municipality for
generation, transmission or distribution of electricity on property that the
utility, carrier, provider or municipality owns or manages.
(3)
A person whose sole business is generating or selling electricity in connection
with the construction or maintenance of electrical lines, wires or equipment,
is not required to obtain a license to transform, transmit or distribute
electricity from its source to the service head of the premises to be supplied
thereby.
(4)(a)
A person is not required to obtain a license for the repair or replacement of
light fixtures, light switches, lighting ballast, electrical outlets or smoke
alarms in a building used for housing purposes that is owned, leased, managed
or operated by a housing authority and the person doing the repair or
replacement is a member of the housing authority’s regular maintenance staff.
(b)
A license is not required for:
(A)
Temporary demonstrations;
(B)
A street lighting system located on a public street or in a right of way if the
system is similar to a system provided by a public utility and the installation
or maintenance, or both, is performed by a qualified employee of a licensed
electrical contractor principally engaged in the business of installing and
maintaining such systems; or
(C)
An outdoor transmission or distribution system, whether overhead or
underground, if the system is similar to a system provided by a public utility
and the installation or maintenance, or both, is performed by a qualified
employee of a licensed electrical contractor principally engaged in the
business of installing and maintaining such systems.
(c)
For the purposes of this subsection, “qualified employee” means an employee who
has registered with or graduated from a State of Oregon or federally approved
apprenticeship course designed for the work being performed. The supervising
electrician signature required under ORS 479.560 (1)(b) does not apply to
contractors working under this subsection.
(5)
The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:
(a)
To electrical products owned by, supplied to or to be supplied to a public
utility as defined in ORS 757.005, consumer-owned utility as defined in ORS
757.270, telecommunications carrier as defined in ORS 133.721 or competitive
telecommunications provider as defined in ORS 759.005;
(b)
To electrical installations made by or for a public utility, consumer-owned
utility, telecommunications carrier or competitive telecommunications provider
if the electrical installations are an integral part of the equipment or
electrical products of the utility, carrier or provider; or
(c)
To any electrical generation plant owned or operated by a municipality to the
same extent that a utility, telecommunications carrier or competitive
telecommunications provider is exempted under paragraphs (a) and (b) of this
subsection.
(6)
A permit is not required:
(a)
For the repair or replacement of light fixtures, light switches, lighting
ballast, electrical outlets or smoke alarms in a building used for housing
purposes that is owned, leased, managed or operated by a housing authority; or
(b)
For the repair, alteration or replacement of existing electrical products or
electrical installations authorized by ORS 479.560 (3) at an industrial plant,
a commercial office building, a building that is owned, leased, managed or
operated by the state or a local government entity or other facilities
designated by the Electrical and Elevator Board when the owner, operating
manager or electrical contractor of the facility meets the provisions of ORS
479.630 (1) and (2) and:
(A)
Obtains a master permit for inspection under ORS 479.560 (3); or
(B)
Obtains a master individual inspection permit under ORS 479.565.
(7)
In cases of emergency in industrial plants, a permit is not required in advance
for electrical installation made by a person licensed as a general supervising
electrician, a general journeyman electrician or an electrical apprentice under
ORS 479.630 if an application accompanied by appropriate fee for a permit is
submitted to the Department of Consumer and Business Services within five days
after the commencement of such electrical work.
(8)(a)
A license or permit is not required for the installation or assembly of
industrial electrical equipment by the duly authorized agents of the factory,
vendor or owner.
(b)
The license and permit exemptions of this subsection do not apply to activity
in an area where industrial electrical equipment is installed in or enters a
hazardous location or penetrates or enters a fire rated assembly or plenum
rated assembly.
(c)
As used in this subsection:
(A)
“Duly authorized agents” means individuals trained by the factory or a vendor
or by experience and who are knowledgeable in the operation, maintenance,
repair and installation of industrial electrical equipment.
(B)
“Installation or assembly” means the reassembly at a job site of equipment that
is wired and assembled at the factory and then disassembled for shipping
purposes or of existing equipment that is relocated. “Installation or assembly”
does not include work involving field fabricated assemblies or any other
electrical product that is not an original part of the industrial electrical
equipment. “Installation or assembly” does not include the connection of
industrial electrical equipment to a power source.
(9)
The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to:
(a)
Electrical installations and repairs involving communication and signal systems
of railroad companies.
(b)
Electrical installations and repairs involving remote and permanent broadcast
systems of radio and television stations licensed by the Federal Communications
Commission if the systems are not part of the building’s permanent wiring.
(c)
The installing, maintaining, repairing or replacement of telecommunications
systems on the provider side of the demarcation point by a telecommunications
service provider.
(d)
The maintaining, repairing or replacement of telecommunications equipment on
the customer side of the demarcation point by a telecommunications service
provider.
(e)
Installations, by a telecommunications service provider or an appropriately
licensed electrical contractor, of telecommunications systems on the customer
side of the demarcation point except:
(A)
Installations involving more than 10 telecommunications outlets; and
(B)
Installations of any size that penetrate fire-resistive construction or air
handling systems or that pass through hazardous locations.
(f)
Notwithstanding paragraph (e) of this subsection, installation of
telecommunications systems on the customer side of the demarcation point in:
(A)
One and two family dwellings; and
(B)
Multifamily dwellings having not more than four dwelling units if the
installation is by a telecommunications service provider.
(g)
Notwithstanding paragraph (e) of this subsection, installation or replacement
of cord or plug connected telecommunications equipment on the customer side of
the demarcation point.
(h)
Notwithstanding paragraph (e) of this subsection, installation of patch cord
and jumper cross-connected equipment on the customer side of the demarcation
point.
(10)(a)
The board may grant partial or complete exemptions by rule for any electrical
product from any of the provisions of ORS 455.610 to 455.630 or 479.510 to
479.945 and 479.995 if the board determines that the electrical product does
not present a danger to the health and safety of the people of this state.
(b)
If the board grants an exemption pursuant to subsection (1) of this section,
the board may determine that the product may be installed by a person not
licensed under ORS 479.510 to 479.945.
(11)
ORS 479.760 does not apply to products described in this subsection that comply
with the electrical product safety standards established by concurrence of the
board and the Director of the Department of Consumer and Business Services as
described under ORS 479.730. This subsection does not exempt any products used
in locations determined to be hazardous in the electrical code of this state.
The following apply to this subsection:
(a)
Except as provided in paragraph (b) of this subsection, the exemption under
this subsection applies to:
(A)
The rotating equipment portion of power generation equipment.
(B)
Testing equipment used in a laboratory or hospital.
(C)
Commercial electrical air conditioning equipment.
(D)
Prefabricated work performed by an electrical contractor with licensed
electrical personnel in the contractor’s place of business for assembly on the
job site if the work is composed of parts that meet the electrical product
safety standards established by concurrence of the board and the director.
(b)
Notwithstanding paragraph (a) of this subsection, the board may require any of
the products described in paragraph (a) of this subsection to be subject to the
certification requirements under ORS 479.760 if the board determines that the
product or class of products has presented a fire or life safety hazard in use.
A determination under this paragraph shall be effective as to any such product
or class of products installed after the date of the determination becomes
final. The board may reinstate any exemption removed under this paragraph if
the board determines that the reasons for the removal of the exemption have
been corrected.
(12)(a)
ORS 479.610 does not apply to installations of industrial electrical equipment
unless the board determines that the product or class of products may present a
fire or life safety hazard.
(b)
The board may reinstate an exemption removed under this subsection if the
product qualifies for reinstatement under:
(A)
An equipment safety program approved by the board;
(B)
Equipment minimum safety standards established by concurrence of the board and
the director;
(C)
An evaluation by an approved field evaluation firm;
(D)
A listing from a nationally recognized testing laboratory;
(E)
An evaluation of a first model of a product by the board; or
(F)
Any other method approved by the board.
(13)
ORS 479.760 does not apply to electrical equipment that has been installed and
in use for one year or more.
(14)
A person who holds a limited maintenance specialty contractor license or a
limited pump installation specialty contractor license issued under ORS 479.510
to 479.945 or a person who is the employee of such license holder and who is
listed with the board as an employee is not required to have a journeyman
license or supervising electrician’s license to perform work authorized under
the person’s license.
(15)
A person is not required to obtain a permit for work on, alterations to or
replacement of parts of electrical installations as necessary for maintenance
of existing electrical installations on residential property owned by the
person or by a member of the person’s immediate family. This subsection does
not establish an exemption for new electrical installations or substantial
alterations to existing electrical installations.
(16)
A permit is not required for those minor electrical installations for which the
board has authorized an installation label.
(17)
A residential home, as defined in ORS 443.580, and an adult foster home, as
defined in ORS 443.705, is not a multifamily dwelling and only electrical
installation standards and safety requirements applicable to single family
dwellings apply to such homes.
(18)
The permit requirements of ORS 479.550 and the license requirements of ORS
479.620 do not apply to cable television installations.
(19)
The provisions of any electrical products code or rule adopted pursuant to ORS
479.510 to 479.945 and 479.995 apply to cable and such products installed as
part of a cable television installation.
(20)
A person is not required to obtain a license to make an electrical installation
in a prefabricated structure, as defined in ORS 455.010, that is designed for
residential use and intended for delivery in another state.
(21)
As used in this section, “smoke alarm” has the meaning given that term under
ORS 479.250. [1959 c.406 §4; 1973 c.834 §36; 1977 c.633 §1; 1981 c.815 §5; 1987
c.575 §5; 1987 c.447 §107; 1989 c.481 §1; 1991 c.251 §1; 1991 c.334 §1; 1993
c.451 §1; 1993 c.497 §1; 1993 c.744 §119; 1995 c.553 §3; 1995 c.797 §1; 1997
c.611 §§1,2; 1999 c.307 §23; 1999 c.794 §3; 1999 c.1093 §17; 2001 c.709 §1;
2003 c.14 §321; 2003 c.222 §2; 2003 c.299 §3; 2003 c.344 §1; 2003 c.675 §§65,66a;
2005 c.310 §4; 2005 c.435 §3]
479.545 License required of state employee;
letter of authority. (1) Except as provided in
subsection (2) of this section, no person is exempted by ORS 479.540 from the
requirements under ORS 479.510 to 479.945 to have a license to make electrical
installations solely on the basis the person is employed by an agency of this
state.
(2)
Any person issued a letter of authority under ORS 479.545 (1985 Replacement
Part) may continue to make electrical installations under ORS 479.510 to
479.945 on property owned or controlled by an agency of the state. [1981 c.815 §7;
1985 c.568 §1; 1987 c.414 §34a; 2003 c.14 §322]
479.550 No work on new electrical
installation until permit issued; temporary permit; rules.
(1) Except as provided in ORS 479.540, no person shall work on any new
electrical installation for which a permit has not been issued.
(2)
The Electrical and Elevator Board shall adopt by rule provisions to require a
city or a county to issue a temporary permit to be used for emergency or
unanticipated work which will be valid for seven days to a licensed electrical
contractor prior to the start of an electrical installation to allow contractor
response prior to purchase of the actual electrical permit.
(3)
The board shall require a city or a county to revoke the temporary permit of
the licensed electrical contractor who fails to comply with the Electrical
Safety Law. [1959 c.406 §5; 1981 c.815 §9; subsections (2) and (3) enacted as
1991 c.368 §2; 1993 c.744 §120]
479.560 Issuance of permit; when permit
becomes void; master electrical inspection permit; rules.
(1) The Department of Consumer and Business Services or a designated agent
shall issue a permit to:
(a)
Any applicant who has complied with ORS 479.510 to 479.945 and the rules issued
thereunder, covering an electrical installation to be made on residential or
farm property owned by the applicant or a member of the applicant’s immediate
family as allowed under ORS 479.540 (1).
(b)
A licensed electrical contractor or an agent the contractor has designated to
the department or the department’s designated agent in a record signed by the
electrical contractor. The department or department’s designated agent shall
only issue a permit under this subsection if the application for the permit is
accompanied by a signed statement that the electrical contractor’s general
supervising electrician of record will sign the permit before an inspection of
the electrical work is requested. A contractor or the contractor’s general
supervisor will promptly request an inspection of electrical work performed
under a permit issued under this subsection. A permit issued under this
subsection shall state the name of the electrical contractor.
(2)
A permit issued to an electrical contractor upon the request of the contractor’s
supervising electrician is void upon the end of the employment of such
supervising electrician before completion of the electrical installation.
(3)
Except for the installation or alteration of an electrical service, the owner,
operating manager or electrical contractor of an industrial plant who meets the
provisions of ORS 479.630 (1) and (2), a commercial office building, a building
that is owned, leased, managed or operated by the state or a local government
entity or other facilities designated by the Electrical and Elevator Board, in
lieu of the required inspection permit, may apply to the department or
municipality providing inspection service for a master electrical inspection
permit. Under the permit the authority having jurisdiction shall cause a
periodic inspection to be made of the electrical installations. The authority
may also cause a cover inspection, which shall be made before electrical
installations are covered. The periodic inspection under the permit shall be
done at least once a year or more frequently based on the needs of the
particular plant, building or facility. The department shall adopt rules in accordance
with ORS chapter 183 for:
(a)
The annual issuance of the master electrical inspection permit;
(b)
The conduct of the inspections on the electrical installations and electrical
products;
(c)
The granting of a waiver of payment of permit fees other than for the master
electrical inspection permit; and
(d)
The fixing and collecting of inspection fees at the cost of making the
inspection according to the time required of the inspector. [1959 c.406 §§6,7;
1961 c.693 §1; 1971 c.753 §56; 1981 c.815 §10; 1993 c.451 §2; 2003 c.14 §323;
2003 c.675 §66]
479.565 Master individual inspection
permits; fee. Notwithstanding ORS 479.560 (3), if a
municipality does not elect to provide master electrical inspection permits,
the municipality shall, upon request of the owner or operating manager or
electrical contractor of the facility otherwise entitled to master permit
services under ORS 479.560 (3), issue a master individual inspection permit and
provide electrical inspection before any installation is covered or placed into
service and charge for the inspection at the municipality’s hourly inspection
rate. [1995 c.553 §2]
Note:
479.565 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 479 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
479.570 Energizing of electrical
installations; rules. (1) Except as provided in
subsection (2) of this section, a person who sells electricity may not energize
an electrical installation unless the installation is first approved by an
inspector authorized to perform inspections under ORS 479.510 to 479.945.
(2)
Subsection (1) of this section does not apply to:
(a)
An installation for which a written request to energize has been made by a
licensed supervising electrician qualified pursuant to ORS 479.630 (2) and to
which the appropriate electrical permit has been attached;
(b)
A temporary installation of less than 480 volts made to provide service to a
construction site or irrigation pump if the installation is properly grounded
and the appropriate electrical permit is attached thereto;
(c)
An installation within a plant or system of a person who sells electricity. As
used in this paragraph, “person who sells electricity” does not include small
power production facilities as defined in ORS 758.500 (1981 Replacement Part);
or
(d)
A minor electrical installation for which a valid installation label has been
issued.
(3)
Electrical installations energized without inspection pursuant to subsection
(2)(a) and (b) of this section must receive final inspection as required by ORS
479.510 to 479.945.
(4)
Notwithstanding ORS 756.040, 756.060 and 757.035, the Department of Consumer
and Business Services, in consultation with the Electrical and Elevator Board,
may adopt rules regulating the use of a written request by a licensed
supervising electrician as described in subsection (2)(a) of this section as
adequate authority for a person who sells electricity to energize an electrical
installation. [1959 c.406 §8; 1981 c.815 §11; 1983 c.580 §1; 1987 c.575 §6;
2003 c.14 §324; 2007 c.405 §1]
479.610 Installation of uncertified electrical
product prohibited. Except as provided under ORS
479.540, a person may not install an electrical product in connection with the
person’s business unless the product is certified under ORS 479.760. [1959
c.406 §9; 1981 c.815 §12; 1995 c.706 §2; 2003 c.14 §325; 2003 c.299 §4; 2005
c.435 §4]
479.620 Certain electrical license
required; electrical installations by unlicensed persons prohibited.
Subject to ORS 479.540, a person may not:
(1)
Without an electrical contractor’s license, engage in the business of making
electrical installations, advertise as or otherwise purport to be licensed to
make electrical installations or purport to be acting as a business that makes
electrical installations.
(2)
Except as provided in ORS 479.630 (10)(c) and (11)(f), direct, supervise or
control the making of an electrical installation without a supervising
electrician’s license.
(3)
Except as provided in subsection (5) of this section, make any electrical
installation without a supervising or journeyman electrician’s license.
(4)
Perform work on an electrical installation as an electrical apprentice without
an electrical apprentice’s license.
(5)
Make any electrical installation on a single or multifamily dwelling unit not
exceeding three floors above grade, as provided in ORS 479.630 (14), without a
limited residential electrician’s license.
(6)
Permit or suffer any electrical installation on property that the person owns,
controls, manages or supervises to be made by a person not licensed to make
such an installation. [1959 c.406 §10; 1983 c.733 §2; 1987 c.874 §3; 1995 c.715
§3; 2003 c.675 §67; 2007 c.548 §1; 2011 c.9 §68]
479.630 Requirements for obtaining
licenses; rules. If the person pays the
applicable 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 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)(A)
Except as provided in subparagraph (B) of this paragraph, 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; or
(B)
If applying for licensing as a limited journeyman sign electrician or limited
journeyman stage electrician, submits proof satisfactory to the board that the
person has had at least two years of specialized experience as an apprentice or
its equivalent, as determined by the board by rule, in the sign or stage 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, and maintain, repair
and replace electrical installations on systems that are less than 600 volts
phase to phase, including electrical components, required on the premises of
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 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 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:
(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.
(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 and 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:
(a)
Has received the same number of hours of electrical safety training as required
by rule for an electrical apprentice or its equivalent and 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 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.
(16)
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. [1959 c.406 §11; 1961 c.693 §2; 1963 c.151 §1; 1971 c.753 §19; 1981
c.815 §15; 1983 c.733 §3; 1987 c.874 §4; 1993 c.744 §121; 1995 c.715 §1; 1997
c.139 §1; 1997 c.209 §1; 1999 c.609 §1; 1999 c.1031 §2; 2001 c.104 §218; 2001
c.392 §1; 2003 c.14 §326; 2005 c.758 §29; 2007 c.71 §157; 2007 c.271 §4; 2007
c.548 §2]
479.632 Applicant training or experience obtained
in another state. Notwithstanding any other
provision of ORS 479.510 to 479.945 or any rule adopted by the Electrical and
Elevator Board under ORS 455.117, 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. [2005 c.758 §31]
479.633 [1997
c.209 §3; 1999 c.721 §1; repealed by 2005 c.758 §56]
479.635 [1981
c.815 §17; 2001 c.728 §9; repealed by 2005 c.758 §56]
479.640 [1959
c.406 §12; 1975 c.429 §4; 1977 c.873 §1; 1981 c.815 §18; 1985 c.646 §1; 2003
c.14 §327; repealed by 2005 c.758 §56]
479.650 [1959
c.406 §13; 1963 c.151 §2; 1981 c.815 §19; 1985 c.646 §2; 1993 c.744 §122; 2003
c.14 §328; repealed by 2005 c.758 §56]
479.655 [1985
c.646 §7; repealed by 1987 c.414 §172]
479.660 [1959
c.406 §14; 1971 c.753 §20; 1977 c.322 §1; 1981 c.815 §20; 1993 c.744 §123; 2003
c.14 §329; repealed by 2005 c.758 §56]
479.670 Maintenance of action or suit by
unlicensed person prohibited. Except to
appeal from an act or determination of the Electrical and Elevator Board, no
person carrying on, conducting or transacting business regulated by ORS 479.510
to 479.945 and 479.995 is entitled to maintain a suit or action in the courts
of this state involving such business or work in connection therewith, without
alleging and proving that the person was licensed to perform such work or
transact such business. [1959 c.406 §15; 1971 c.753 §21; 1981 c.815 §21; 1993
c.744 §124]
479.680 Adoption of rules by Electrical
and Elevator Board; establishment of continuing education program.
The Electrical and Elevator Board:
(1)
Shall establish, by rule under ORS 455.117, a program of continuing education
necessary for renewal of licenses. 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. [1981 c.815 §24; 1993 c.744 §125; 2005 c.758 §32]
479.710 Electrical installations must meet
minimum safety standards. (1) Except as provided in ORS
479.540, no person shall make, supervise or direct the making of an electrical
installation which does not meet minimum safety standards.
(2)
Except for a person authorized by the jurisdiction having authority, no person
shall remove, transfer, alter or otherwise tamper with an inspection permit,
label, tag or other indicia of inspection placed on or at an electrical job
site, electrical installation or electrical product. A property owner may
remove the construction inspection permit, label or tag if, after all required
inspections are completed, the installation is found to be in compliance with
the electrical code and has been approved by the inspector having jurisdiction.
[1959 c.406 §16(1); 1981 c.815 §22; 1991 c.18 §1]
479.720 [1959
c.406 §17; repealed by 1981 c.815 §40]
479.730 Adoption of rules by Director of
Department of Consumer and Business Services. In
compliance with ORS chapter 183 the Director of the Department of Consumer and
Business Services, with the approval of the Electrical and Elevator Board,
shall adopt reasonable rules:
(1)
Establishing, altering or revoking minimum safety standards for workmanship and
materials in various classifications of electrical installations.
(2)
Establishing, altering or revoking electrical product safety standards for
design and construction of electrical products to be installed in this state.
The standards may allow the certification of electrical products that a testing
laboratory approved by the director and the board under ORS 479.760 has tested
and found to be safe within the electrical product safety standards established
under this subsection.
(3)
Relating to the procedure for certifying and decertifying electrical products
to be installed in this state. The Department of Consumer and Business
Services, with the approval of the board, may limit the type of electrical
products it accepts for certification under ORS 479.760 (3).
(4)
Prescribing times, places and circumstances that permits shall be exhibited for
inspection.
(5)
Governing the internal organization and procedure for administering and
enforcing ORS 479.510 to 479.945 and 479.995.
(6)
Establishing, altering, approving or revoking minimum standards for electrical
training programs.
(7)(a)
Establishing which electrical products may be field evaluated by a field
evaluation firm rather than certified;
(b)
Establishing cost-based fees, requirements and procedures for approving,
maintaining and suspending or revoking approvals of field evaluation firms;
(c)
Establishing:
(A)
Requirements and procedures for the field evaluation of electrical products;
and
(B)
Requirements and procedures for issuing field evaluation labels for the
electrical products evaluated by field evaluation firms and testing
laboratories;
(d)
Establishing requirements and procedures for preparation of reports regarding
installation safety issued by field evaluation firms;
(e)
Establishing when an inspecting jurisdiction may require a report from a field
evaluation firm; and
(f)
Establishing other requirements as necessary to carry out this subsection. [1959
c.406 §19; 1963 c.151 §7; 1971 c.753 §24; 1981 c.815 §25; 1993 c.398 §1; 1993
c.744 §126; 1995 c.706 §3; 1999 c.794 §2; 2001 c.411 §23; 2003 c.299 §6; 2005
c.435 §5]
479.740 Factors to be considered in
adopting rules; incorporation of standards by reference.
(1) In adopting rules under ORS 479.730 the Department of Consumer and Business
Services shall consider:
(a)
Technological advances in the electrical 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 would result from failure to follow the standards under consideration.
(d)
Safety standards followed, proposed or approved by responsible members of the
electrical industry.
(2)
After considering the factors in subsection (1) of this section, the department
may incorporate by reference proposed safety standards of the electrical
industry or independent organizations. The department may formulate and adopt
independent safety standards if standards proposed by the industry and
independent organizations are not acceptable to it. [1959 c.406 §§20,21]
479.760 Certification of electrical products;
safety indicators. (1) An electrical product may
not be certified unless the product meets electrical product safety standards
established in rule by concurrence of the Electrical and Elevator Board and the
Director of the Department of Consumer and Business Services.
(2)
Any person may apply to have the Department of Consumer and Business Services
certify an electrical product. The department shall certify an electrical
product if the product is shown to meet electrical product safety standards by
one of the following methods:
(a)
An equipment safety program approved by the board;
(b)
Equipment minimum safety standards established by concurrence of the board and
the director;
(c)
An evaluation by an approved field evaluation firm;
(d)
A listing from a nationally recognized testing laboratory;
(e)
An evaluation of a first model of a product by the board; or
(f)
Any other method approved by the board.
(3)
To have an electrical product certified, a person may submit a specimen, sample
or prototype to the department within a reasonable time before the date on
which certification will be required, together with a fee set by the department
sufficient to defray the cost of shipment and evaluation. The department shall
evaluate the electrical product to determine whether the product meets
electrical product safety standards. Not later than six months after receipt of
a specimen, prototype or sample the department shall complete the required
evaluation and give a decision certifying or rejecting the product. The
department may appoint a special deputy or enter into an appropriate contract
with a testing laboratory approved by the board under this section for the
evaluation required under this subsection.
(4)
The director with the approval of the board may establish standards and
procedures for the approval of testing laboratories to test electrical products
in the certification process under this section. [1959 c.406 §§16 (2) and
(3),22,23; 1981 c.815 §26; 1999 c.794 §1; 2001 c.573 §17; 2003 c.299 §5]
479.770 Approved electric ignition pilot
required on certain appliances. No person
shall sell or offer for sale in this state any new gas-fired, forced-air
central space heating equipment, clothes dryer, domestic range or new gas-fired
swimming pool heaters, unless such equipment, heater, dryer or range is
equipped with an electric ignition pilot that complies with the rules of the
Department of Consumer and Business Services adopted pursuant to ORS 479.740. [1977
c.630 §2; 1979 c.197 §1; 1981 c.815 §27]
479.800 [1971
c.753 §23; 1977 c.748 §3; 1981 c.815 §28; 1983 c.740 §192; 1987 c.383 §1;
repealed by 1993 c.744 §101]
479.810 Administration and enforcement;
Chief Electrical Inspector; inspector qualifications; rules.
(1) The Electrical and Elevator Board shall administer and enforce ORS 479.510
to 479.945 and 479.995. The Director of the Department of Consumer and Business
Services shall appoint an adequate staff of competent persons experienced and
trained to serve as electrical inspectors. The board shall assist the director
in reviewing determinations made by the staff involving electrical
installations or products and to assist in formulating rules under ORS 479.730.
(2)
The director, in consultation with the board, shall appoint a representative of
the department’s staff of electrical inspectors who shall serve ex officio as
secretary of the board. This person shall be known as the Chief Electrical
Inspector.
(3)
The director shall certify a person as an electrical inspector if:
(a)
The person:
(A)
Completes a general journeyman electrical apprenticeship program in Oregon;
(B)
Has two years’ experience as a licensed electrician in Oregon; and
(C)
Passes the examination required for certification as a supervising electrician;
or
(b)
For a person with experience outside the State of Oregon, the person:
(A)(i)
Has five years’ experience in commercial or industrial electrical inspection;
and
(ii)
Passes the examination required for certification as a general supervising
electrician; or
(B)
Has six years of out-of-state experience as an electrician and passes the
examination required for certification as a general supervising electrician.
(4)
The board may, by rule, allow certification of persons as electrical inspectors
with experience or training that does not meet the requirements specified in
subsection (3) of this section.
(5)
Rules adopted under this section shall provide for the recognition of
equivalent experience acquired by a person outside the State of Oregon.
(6)
An examination taken for purposes of applying for certification as an
electrical inspector under this section shall not be valid for use in an
application to become licensed as a supervising electrician. [1959 c.406 §18;
1961 c.693 §3; 1969 c.314 §53; 1971 c.753 §22; 1977 c.748 §4; 1981 c.815 §30;
1987 c.383 §2; 1993 c.574 §1; 1993 c.744 §127; 1997 c.677 §3; 2001 c.411 §24]
479.815 Inspector conflicts of interest;
rules. The Director of the Department of
Consumer and Business Services, with the approval of the Electrical and
Elevator Board, may adopt rules regulating or prohibiting conflicts of interest
for electrical inspectors in regard to any work performed by an inspector or a
related party under a license issued under ORS 479.630. [2003 c.675 §64]
479.820 Duties and powers in enforcing
law. (1) The Department of Consumer and
Business Services shall:
(a)
Check the authenticity, appropriateness and expiration dates of licenses issued
under ORS 479.510 to 479.945.
(b)
Inspect electrical installations and products for which a permit or license is
required by ORS 479.510 to 479.945.
(c)
Inspect permits attached to electrical installations or products for which a
permit is required by ORS 479.510 to 479.945.
(2)
If the department finds that the electrical installation or product fails to
comply with minimum safety standards or electrical product safety standards,
the department may disconnect or order the disconnection of service thereto.
(3)
If the department finds that the condition of an electrical installation or
product constitutes an immediate hazard to life or property, the department may
cut or disconnect any wire necessary to remove such hazard or take corrective
action as provided by rules adopted under ORS 479.730.
(4)
Upon written request of appropriate municipal personnel, the department may
make inspections of electrical installations and products within cities and
counties. Such inspections shall be made at cost, in accordance with local
municipal ordinances, payable on a monthly basis.
(5)
For the purpose of discharging any duty imposed by ORS 479.510 to 479.945 and
479.995 or exercising authority conferred hereby the department may enter,
during reasonable hours, any building, enclosure, or upon any premises where
electrical work is in progress, where an electrical installation has been made
or where electrical equipment or products may be located.
(6)
A person may not obstruct or interfere with the department in performance of
any of the department’s duties or the exercise of any authority conferred under
this section. [1959 c.406 §§24,25; 1973 c.834 §37; 1981 c.815 §3; 2003 c.14 §330;
2003 c.299 §7]
479.830 [1959
c.406 §26; 1981 c.815 §32; 1991 c.734 §46; 1993 c.744 §128; 1999 c.846 §2;
repealed by 2001 c.411 §31]
479.835 Recovery of purchase price of
product not meeting applicable laws. Any person
who purchases an electrical product may recover the purchase price from the
seller if the electrical product does not meet all applicable state and federal
law and the purchaser returns the electrical product within 90 days from the
date of purchase. [1981 c.815 §14; 2001 c.411 §25; 2005 c.435 §6]
479.840 Fees; rules; means to guarantee
payment. (1) Upon receiving payment of the
applicable application fee, the Department of Consumer and Business Services
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;
(E)
Limited maintenance industrial electrician;
(F)
Limited maintenance manufactured dwelling or recreational vehicle electrician;
or
(G)
Limited journeyman manufacturing plant 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 stage electrician; or
(E)
Limited building maintenance electrician.
(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. [1959 c.406 §27; 1967 c.418 §1; 1969
c.436 §1; 1975 c.199 §1; 1977 c.874 §3; 1981 c.815 §33; 1983 c.733 §4; 1985
c.646 §3; 1987 c.602 §3; 1989 c.591 §3; 1991 c.331 §71; 1995 c.715 §4; 1997
c.631 §482; 1999 c.1031 §3; 2001 c.728 §2; 2003 c.14 §331; 2007 c.271 §5; 2007
c.548 §3]
479.845 Limitation on use of local
government fees. Fees collected by a city or county
for the enforcement or administration of the electrical specialty code and
rules adopted under ORS 479.730 (1) shall be used only for the enforcement and
administration of those laws. [1977 c.874 §5; 1981 c.815 §34; 2001 c.573 §18;
2005 c.435 §7]
479.850 Disposition of receipts.
All receipts from civil penalties, fees, charges, costs and expenses provided
for in ORS 455.895 (1)(b), 479.510 to 479.945, 479.990 and 479.995 when
collected shall be:
(1)
Paid into the Consumer and Business Services Fund created by ORS 705.145; and
(2)
Used only for the enforcement and administration of ORS 479.510 to 479.945 and
479.995. [1959 c.406 §28; 1971 c.753 §57; 1973 c.528 §18; 1973 c.834 §48; 1981
c.815 §35; 1987 c.905 §33; 1993 c.744 §131; 2001 c.411 §26]
479.853 Appeal procedure; distribution of
major code interpretation decisions. If any person
is aggrieved by a decision made upon inspection under authority of ORS 455.148,
455.150 or 479.510 to 479.945 and 479.995 of an electrical product or
electrical inspection, the person may appeal the decision. The following apply
to an appeal under this section:
(1)
An appeal under this section is subject to ORS chapter 183.
(2)
An appeal under this section must be made first to the Chief Electrical
Inspector of the Department of Consumer and Business Services. The decision of
the Chief Electrical Inspector may be appealed to the Electrical and Elevator
Board. The decision of the Electrical and Elevator Board may be appealed to the
Director of the Department of Consumer and Business Services only if codes in
addition to the electrical code are at issue.
(3)
If the Electrical and Elevator Board determines that a decision by the Chief
Electrical Inspector is a major code interpretation, then the inspector shall
distribute the decision in writing to all public and private electrical
inspection authorities in the state. The decision shall be distributed within
60 days after the board’s determination, and there shall be no charge for the
distribution of the decision. As used in this subsection, a “major code
interpretation” means a code interpretation decision that affects or may affect
more than one job site or more than one inspection jurisdiction.
(4)
If an appeal is made under this section, an inspection authority shall extend
the electrical plan review deadline by the number of days it takes for a final
decision to be issued for the appeal.
(5)
Unless the department determines that the electrical product or electrical
installation presents an immediate fire or life safety hazard, a person may
operate an electrical product or electrical installation that is the subject of
an appeal under this section until the appeal process is complete. If the
department determines that an immediate fire or life safety hazard exists and the
product or installation may not be operated during appeal, the department shall
provide the person with a written report detailing the problems found by the
department. If a determination is made under this subsection that products
described in ORS 479.540 (11) may not be operated during appeal, that
determination may be appealed immediately under the procedure established in
subsection (2) of this section without first completing any appeal procedure
established by a city or county. [1981 c.815 §38; 1993 c.573 §1; 2001 c.573 §19;
2001 c.709 §2; 2005 c.22 §366; 2005 c.435 §8]
479.854 Authority of municipality to
require license; approval of ordinance. (1) A
municipality may enact and enforce an ordinance requiring a municipal general
supervising electrician’s license upon the approval of the Electrical and
Elevator Board and the Director of the Department of Consumer and Business
Services.
(2)
The Electrical and Elevator Board and director may approve an ordinance under
subsection (1) of this section only if electrical installations within the
municipality’s jurisdiction are of a unique character beyond the education or
experience of a general supervising electrician licensed under ORS 479.630 (2),
and the ordinance applies only to such installations.
(3)
The director, after obtaining the opinion of the board, shall revoke approval
of an ordinance upon a finding that in issuing its general supervising
electrician’s license, a municipality has engaged in a pattern or practice of
discrimination against electricians from outside the municipality. [1983 c.580 §4]
479.855 City and county inspection and
enforcement programs. (1) In addition to the
provisions of ORS 455.010 to 455.310 and 455.410 to 455.740, any inspection and
enforcement program established by a city or county under ORS 455.148 or
455.150 is subject to the provisions of this section. Where the provisions of
this section conflict with provisions under ORS 455.010 to 455.310 and 455.410
to 455.740, the provisions of this section shall control.
(2)(a)
Except as otherwise provided in this section, any city or county that wishes to
establish a program under ORS 455.150 to enforce and administer ORS 479.510 to
479.945 and 479.995, including a program for inspection under a master permit
pursuant to ORS 479.560 (3), must first make application to the Department of
Consumer and Business Services. The program for inspection under a master
permit shall be delegated separately from the general electrical program
authorization. The department may authorize the city or county to administer
and enforce the provisions of this section and ORS 479.540 and 479.560 if it
finds that the city or county can comply with the minimum standards and meet
the qualifications for inspections, permit applications and other matters to
assure adequate administration and enforcement of electrical inspection
programs. The department may authorize the city or county to administer and
enforce ORS 479.510 to 479.945 and 479.995 if the department finds that the
city or county:
(A)
Can comply with minimum standards adopted by the Electrical and Elevator Board
by rule for inspections, permit applications and other matters to assure
adequate administration and enforcement of ORS 479.510 to 479.945 and 479.995.
(B)
Can conduct the electrical plan review, if required by the city or county, in a
timely manner and by qualified personnel who meet the standards adopted by rule
by the board.
(b)
The city or county must assume full responsibility allowed under ORS 455.010 to
455.310 and 455.410 to 455.740 for the enforcement, inspection and
administration of the electrical safety laws under that specialty code and ORS
479.510 to 479.945 and 479.995. This subsection does not require a city or
county to assume full responsibility for enforcement, inspection and
administration of the electrical safety laws if the only enforcement performed
by the city or county involves manufactured dwelling electrical utility
connections.
(3)
The department, subject to ORS chapter 183, shall revoke any authority of a
city or county to carry on inspections, enforcement or administration of
electrical installations and electrical products under ORS 455.148 or 455.150
if the department determines that the city or county fails to comply with
standards adopted by the board or otherwise is not effectively carrying out
duties assumed by the city or county under this section.
(4)(a)
Except as provided in paragraph (b) of this subsection, a city or county may
not contract with competing electrical contractors to provide permit inspection
of electrical installations.
(b)
A city or county may contract with competing electrical contractors to provide
permit inspection of electrical installations on a temporary basis by a
supervising electrician if:
(A)
Emergency circumstances exist; and
(B)
The city or county has requested that the department perform permit inspections
and the department is unable to respond in a timely manner.
(c)
Nothing in this subsection prohibits a city or county from contracting with
another city or county to perform permit inspections of electrical
installations by a supervising electrician.
(5)
A city or county that performs electrical installation inspections shall
perform license enforcement inspections as a part of routine installation
inspections. [1981 c.815 §37; 1987 c.575 §1; 1991 c.368 §3; 1991 c.373 §1; 1991
c.439 §1; 1993 c.451 §3; 2001 c.573 §20]
479.860 Persons authorized to design, plan
and lay out electrical installations; rules. (1)
Notwithstanding any other provision of law, a person who is the holder of a
supervising electrician’s license:
(a)
Who is employed by the holder of an electrical contractor’s license may design,
plan and lay out electrical installations for customers of the electrical
contractor without obtaining any other license, permit or certificate; or
(b)
Who is employed by an industrial plant may design, plan and lay out electrical
installations for that industrial plant.
(2)
The Director of the Department of Consumer and Business Services, after
consultation with the Electrical and Elevator Board and the State Board of
Examiners for Engineering and Land Surveying, may adopt rules designating
classes of board licensees that may design, plan and lay out noncomplex
electrical installations. Licensees are not subject to any requirement for an
additional license, permit, certificate or registration when engaging in the
design, planning or laying out of electrical installations as authorized by a
rule adopted under this subsection. [1987 c.384 §2; 2005 c.570 §1]
479.870 Electrical and Elevator Board to
prescribe uniform fee calculation and permit format; review; rules.
(1) The Electrical and Elevator Board shall provide by rule for a statewide
uniform method of calculating permit fees and a standardized permit application
format.
(2)
Notwithstanding the provisions of subsection (1) of this section, the board
shall provide by rule for a separate limited energy electrical activity permit
and the conditions that apply to the permit.
(3)
The board shall adopt rules setting standards for timely review, personnel to
conduct review and other plan review requirements. [1989 c.591 §2; 1991 c.529 §9;
subsection (3) enacted as 1991 c.439 §2; 2001 c.728 §3]
479.905 Definitions for ORS 479.870 and
479.905 to 479.945. For the purposes of ORS 479.870
and 479.905 to 479.945, except where the context requires otherwise:
(1)
“Class A limited energy technician” means a person licensed to install, alter
and repair all limited energy systems.
(2)
“Class B limited energy technician” means a person licensed to install, alter
and repair all limited energy systems that do not include protective signaling,
including but not limited to:
(a)
HVAC;
(b)
Medical;
(c)
Boiler controls;
(d)
Intercom and paging systems;
(e)
Clock systems;
(f)
Data telecommunication installations; and
(g)
Instrumentation.
(3)
“HVAC” means thermostat and associated control wiring of heating, ventilation,
air conditioning and refrigeration systems. “HVAC” does not include boiler
controls.
(4)
“Limited energy electrical activity” means installation, alteration,
maintenance, replacement or repair of electrical wiring and electrical products
that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or
that do not exceed 300 volt-amperes for landscape low voltage lighting systems
that are cord connected to a ground fault circuit interrupter receptacle, under
the electrical specialty code and the Low-Rise Residential Dwelling Code.
(5)
“Protective signaling” includes fire alarm, nurse call, burglar alarm, security
and voice evacuation systems and other systems that are part of a fire or life
safety system. [1991 c.529 §3; 1999 c.519 §1; 2001 c.728 §4; 2003 c.675 §45]
479.910 Limited energy technician license;
compliance with other laws; fees; continuing education.
(1) Upon payment of an 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 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. [1991 c.529 §2; 1999 c.1031 §10; 2001 c.728 §5; 2003
c.14 §332; 2007 c.271 §6]
479.915 Limited energy technician license
requirements. (1) An applicant for a Class B limited
energy technician license must:
(a)
Submit proof satisfactory to the Electrical and Elevator Board that the person
has:
(A)
At least two years of experience as an apprentice in limited energy electrical
activity; or
(B)
At least two years of experience equivalent to an apprenticeship in limited
energy electrical activity and completed a board-approved 32-hour training
program; and
(b)
Pass a written examination approved by the board and administered by the
Department of Consumer and Business Services.
(2)
An applicant for a Class A limited energy technician license must:
(a)
Submit proof satisfactory to the board that the person has completed at least
three years of experience as an apprentice, or the equivalent as determined by
the board by rule, in a recognized branch of the electrical trade; and
(b)
Pass a written examination prepared by the board and administered by the
department.
(3)
The board shall determine the adequacy of any training program for
qualification under the requirements of this section and ORS 479.910 and
section 1, chapter 728, Oregon Laws 2001.
(4)
The department shall issue a Class A limited energy technician license to a
person who qualifies under subsection (2) of this section and pays the required
fees. [1991 c.529 §4; 2001 c.728 §6; 2007 c.548 §4]
479.920 [1991
c.529 §5; repealed by 2001 c.728 §10]
479.930 [1991
c.529 §6; 1993 c.497 §2; repealed by 2001 c.728 §10]
479.940 Activities not subject to
licensure under ORS 479.510 to 479.945; identification cards.
(1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the
following activity on Class II and III systems in one and two family dwellings
regulated under the Low-Rise Residential Dwelling Code:
(a)
Prewiring of cable television and telephone systems owned by the owner of the
residence;
(b)
Garage door openers;
(c)
Vacuum systems;
(d)
Audio and stereo systems;
(e)
HVAC;
(f)
Landscape sprinkler controls;
(g)
Landscape lighting; and
(h)
Doorbells.
(2)
The provisions of subsection (1) of this section apply only to residential
contractors holding a current license and proper endorsement issued by the
Construction Contractors Board.
(3)(a)
The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape
contracting business licensed under ORS 671.510 to 671.760 when making
installations of landscape irrigation control wiring and outdoor landscape
lighting involving a Class II or Class III system that does not exceed 30 volts
and 750 volt-amperes.
(b)
A landscape contracting business exempt from licensing under this subsection
shall issue an identification card to its landscape irrigation control wiring
or outdoor landscape lighting installer. The form for the identification card
shall be provided by the State Landscape Contractors Board. The identification
card shall include the name of the installer, the name and State Landscape
Contractors Board identification number of the landscape contracting business
and the date of issue of the identification card. The card shall be carried by
the installer at the job site when performing the allowed electric
installations.
(4)
The licensure provisions of ORS 479.510 to 479.945 do not apply to limited
energy electrical activity involving the installation, maintenance or repair of
lottery equipment at retail locations by employees or vendors of the Oregon
State Lottery Commission. The exemption provided by this subsection does not
authorize work by unlicensed persons on systems of 115 volts or more.
(5)
All nonlicensure requirements of ORS 479.510 to 479.945, including permits for
and compliance with the electrical specialty code, apply to activities
conducted under subsections (1) to (4) of this section. If any person or
business repeatedly violates the permit or code compliance requirements, in
addition to any other remedy, the Electrical and Elevator Board may suspend,
condition or revoke a person’s or business’s right to use this provision. [1991
c.529 §7; 1999 c.402 §4; 2001 c.728 §7; 2003 c.14 §333; 2003 c.675 §46; 2007
c.385 §1; 2007 c.541 §5a; 2007 c.836 §46]
479.943 Activities not subject to
licensure under ORS 479.905 to 479.945. The licensure
provisions of ORS 479.905 to 479.945 do not apply to the employees of a
telecommunications utility or competitive telecommunications provider, both as
defined in ORS 759.005, cooperative corporation organized under ORS chapter 62
or unincorporated association providing intrastate telecommunications service
in Oregon engaged in the course of employment in providing, installing or
maintaining:
(1)
Voice transmission products;
(2)
Data transmission products; or
(3)
Intercom and paging systems. [1997 c.544 §2; 2003 c.344 §2]
479.945 Restricted energy contractor’s
license; rules; scope; employees. (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)
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.
(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. [1991 c.529 §8; 1995 c.715 §5; 2001
c.728 §8; 2003 c.14 §334; 2005 c.758 §33; 2007 c.271 §7]
RAIL FIXED GUIDEWAY SYSTEMS
479.950 Minimum safety standards; rules;
criteria. (1) Notwithstanding ORS 479.510 to
479.945, 479.995 and 824.045, the Director of the Department of Consumer and
Business Services shall adopt rules establishing, amending or repealing minimum
safety standards for workmanship and materials for, and the design and construction
of electrical products used in, traction electrification and electrical
communications and electrical signaling installations for rail fixed guideway
systems operated by a mass transit district established under ORS 267.010 to
267.390. The rules adopted by the director under this subsection shall be the
exclusive rules adopted for this state that establish minimum safety standards
for workmanship and materials for, and the design and construction of
electrical products used in, traction electrification and electrical
communications and electrical signaling installations for rail fixed guideway
systems operated by a mass transit district.
(2)
Before adopting rules under subsection (1) of this section, the Director of the
Department of Consumer and Business Services shall consider:
(a)
Technological advances in the rail fixed guideway 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 to property
that will result from failure to follow the standards under consideration.
(d)
Safety standards followed, proposed or approved by responsible members of the
rail fixed guideway industry.
(3)
Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the Department of
Consumer and Business Services is designated as the state agency to administer
and enforce the standards established by the Director of the Department of
Consumer and Business Services under this section. The department shall adopt rules
establishing procedures for the administration and enforcement of such
standards. [1997 c.275 §42]
Note:
479.950 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 479 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
479.990 Penalties.
(1) Any owner or occupant of any building or premises who fails to comply with
any order provided for in ORS 479.170 and not appealed from, or with any such
order of the State Fire Marshal upon appeal to the State Fire Marshal, shall be
punished by a civil penalty of not more than $500 for each violation. All
penalties, fees or forfeitures collected under the provisions of this
subsection shall be paid into the State Treasury.
(2)
Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300, or
rules adopted under ORS 479.255, 479.260, 479.270, 479.280, 479.297 or 479.300,
is punishable by a civil penalty imposed by the State Fire Marshal in an amount
not to exceed $250.
(3)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
[Amended by 1959 c.406 §30; subsection (5) enacted as 1959 c.406 §29; 1977
c.619 §1; subsection (6) enacted as 1979 c.642 §12; 1991 c.863 §58; 1997 c.647 §§6,7;
1999 c.307 §§14,15; 2001 c.411 §§27,28; 2011 c.97 §6]
479.995 Civil penalty for violation of ORS
479.510 to 479.945. The Electrical and Elevator
Board may impose a civil penalty for a violation of ORS 479.510 to 479.945 or
rules adopted for the administration or enforcement of ORS 479.510 to 479.945
and this section. The board shall impose a civil penalty authorized by this
section as provided in ORS 455.895. [2001 c.411 §8; 2003 c.14 §335]
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