USA Statutes : oregon
Title : TITLE 38 PROTECTION FROM FIRE
Chapter : Chapter 479 Protection of Buildings From Fire; Electrical Safety Law
(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] As used in ORS
479.020 and 479.060, "story" means:
(1) That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above;
(2) For the topmost story, that portion of a building included
between the upper surface of the topmost floor and the ceiling or roof
above; and
(3) A basement, cellar or unused under-floor space, if the finished
floor level directly above the basement, cellar or unused under-floor
space is more than:
(a) Six feet above the ground surrounding the building for more
than 50 percent of the total perimeter; or
(b) Twelve feet above the ground surrounding the building at any
point. [2005 c.22 §363] (1) Subject
to subsection (2) of this section, all buildings, except private
residences, erected after May 28, 1925, or any building then erected,
having three stories or more where the stories above the second story are
actually used, shall be equipped with not less than one standard fire
escape or one exterior stairway for each 10,000 square feet of lot or
ground space, or fraction thereof, occupied by the building.
(2) If the approval of the State Fire Marshal is secured with
respect to a particular building, the requirements of subsection (1) of
this section do not apply to such building if it:
(a) Is constructed with two-hour fire-resistive structural elements
of steel, iron, concrete or masonry; and
(b) Has incombustible fire-resistive walls and permanent
partitions; and
(c) Is provided with not less than two enclosed smokeproof
stairwells with firefighter's access to each floor and to the roof, or is
provided with other fire protection and escape which the State Fire
Marshal finds adequate for the use of the building. [Amended by 1959
c.651 §2; 1965 c.602 §15] Every building erected, maintained
or occupied after May 28, 1925, for hospital purposes and not of
fireproof construction or provided with adequate means of egress from the
floors above the first floor, shall have sufficient means of exit other
than interior stairway or elevator, whereby the inmates or other
occupants of the building shall have adequate means of escape from the
floors above the first floor. Such arrangement of exterior exit shall
have the approval of the State Fire Marshal. Fire
escapes installed after May 28, 1925, on the outside of buildings shall
be constructed in accordance with the specifications prescribed in this
section, any deviation from which shall only be made by permission of the
State Fire Marshal. Each fire escape shall consist of balconies, stairs
and firefighter's ladder, as follows:
(1) Each balcony shall not be less than 12 feet long and 3 feet 8
inches wide, and have a well hole of not more than 6 feet long nor more
than 2 feet 3 inches wide. The outside of the floor shall be made of 2
inch by 2 inch by 1/4 inch angle iron and the corners bent on a radius of
not less than 6 inches. Slats for the floor shall be 1-1/2 inch by 1/4
inch mild steel and spaced 1 inch between slats, and reinforced by 1/4
inch by 2 inch mild steel not over 3 feet apart, securely riveted to the
slats. Railing for the balcony shall be not less than 30 inches high and
be extended on each end and front of balcony, and shall have one top and
one center rail 1/4 inch by 2 inch bent to conform to platform and
securely bolted to the building, and connected to floor of balcony by not
less than five upright irons, 1/4 inch by 1/2 inch, twisted to conform to
each rail and angle iron, and securely riveted thereto. Screws or
lagscrews shall not be used in the construction of fire escapes.
(2) The stairs shall be made of 1/4 inch by 4 inch flat mild steel
bars, and the steps shall be 20 inches long and not over 10 inch rise.
Stairs shall have a railing made of 1 inch pipe and be 20 inches from
stairs, and securely fastened by means of 1 inch pipe supports not over 7
feet apart.
(3) The firefighter's ladder shall consist of 5/16 inch by 2 inch
mild steel bars for sides, and have 3/4 inch round mild steel rungs,
spaced not over 14 inches apart, tenoned on each end and riveted to each
side of ladder. Ladders shall extend from within 14 feet of the ground to
not less than 5 feet above the roof of the building. Each balcony shall
be securely bolted to building and supported by means of 1-1/2 inch
square braces, four in number, securely anchored into the wall, as may be
directed by the building inspector or fire chief. Fire escapes, when
finished, shall be painted with at least one coat of red lead.The fire escape shall extend clear to the
ground or have an approved counterbalanced stairway, when the State Fire
Marshal deems such to be necessary, as in the case of schools, factories,
hotels, hospitals, detention homes and buildings of public assembly.(1) Fire escapes
installed after May 28, 1925, shall be located on buildings so as to be
as remote from stairways as possible.
(2) In all buildings erected after May 28, 1925, which are occupied
at night for sleeping purposes and which require fire escapes, the public
corridors shall extend to all fire escapes.
(3) In all buildings existing on May 28, 1925, and in all buildings
erected after that date, except those covered by the regulations of
subsection (2) of this section, not more than one room shall intervene
between a corridor and any fire escape. When a room intervenes between a
corridor and the fire escape, the corridor door shall have a glass panel
extending from the top rail to the doorknob and the glass shall be of a
kind that is easily broken. Any lock on the corridor door shall be of the
night latch type which can be opened from the inside without a key. Close
to the door, on the corridor side, shall be kept at all times an adequate
instrument for breaking the glass, with explanatory label, subject to
approval of the State Fire Marshal.
(4) All fire escapes, ladders, stairs, hallways and platforms shall
be kept free from encumbrances or obstructions at all times.
(5) In all buildings consisting of three or more stories, except
private residences, and which are occupied for sleeping purposes, all
unprotected openings such as open stairways, open elevator shafts,
dumbwaiters, chutes, light wells or any other unprotected opening shall
be effectively enclosed in a manner subject to approval of the State Fire
Marshal to prevent the dangerous spread of fire, smoke, gas or heat to
corridors leading to fire escapes.(1) An electric red or green exit light of a type
approved by the State Fire Marshal shall be placed in full view of
hallways showing location of fire escapes. Each light must be kept
burning from sundown to sunrise when such building is occupied. The light
must not at any time be permitted to be out of order and when out of
order must be immediately repaired.
(2) All hotels, factories, workshops, schools and any other
building shall be equipped with a fire warning system in accordance with
rules and regulations of the State Fire Marshal. [Amended by 1955 c.453
§1; 1965 c.602 §17](1) All buildings requiring fire escapes shall have
stationary iron ladders to scuttle holes. A standpipe shall be erected
with all fire escapes, with hose attachments at each story, with Siamese
connection not less than 18 inches nor more than four feet above sidewalk
grade, on all buildings more than three stories in height as follows:
___________________________________________________________________________
___STANDPIPE TABLE
6- or
4-story
5-story 7-storySize of standpipe 4-inch
4-inch 5-inch
Size of valves 2-½-inch 2-½-inch
2-½-inch
Siamese inlet 2-way
3-way 4-way
Size of inlet 2-½-inch
2-½-inch 2-½-inch
Roof outlet 2-way
2-way 3-way
Size of outlet 2-½-inch 2-½-inch
2-½-inch
___________________________________________________________________________
___ (2) Whenever a water supply is available of sufficient pressure,
interior standpipes of not less than 1-1/2 inches in size shall be
installed in such building described in ORS 479.030, with valve and hose
attached to standpipe on each floor, the hose to be of sufficient length
to reach any part of the floor. One 2-1/2 gallon fire extinguisher shall
be installed and maintained on each floor. The extinguisher shall be kept
in good working order at all times. [Amended by 1965 c.602 §17a] (1) In all public garages:
(a) All wiring shall be installed in accordance with minimum safety
standards as defined in ORS 479.530.
(b) There shall be at all times maintained fire extinguishing
equipment in accordance with State Fire Marshal rules.
(c) No gasoline or other volatile flammable liquid or gas shall be
put into or taken out of any automobile in the presence of an open flame
or while an engine is running.
(d) No lights of any kind other than electricity shall be used for
illuminating purposes when electricity is available.
(e) All electric equipment and any flame or spark-producing devices
not actually a part of an automobile shall be installed, located and used
in accordance with rules of the State Fire Marshal, unless of an approved
explosion-proof type that meets or exceeds such rules.
(f) All repair shops shall be kept clean and the floor free from
oily waste or rags. All such rags and waste and combustible rubbish shall
be kept in metal cans or receptacles covered with tight-fitting covers.
(2) As used in this section, "public garage" means any garage to
which the public is invited where there are housed for rent, care,
repair, demonstration, storage or sale, four or more motor vehicles or
self-propelled vehicles that use gasoline or other volatile flammable
liquid or gas for fuel or power. [Amended by 1959 c.651 §1; 1965 c.602
§18; 1983 c.740 §191; 1997 c.24 §1]No person shall erect, maintain or use within Oregon
any tent or canvas-covered structure with the intent that such a tent or
structure be used for a place of public assembly unless the tent and
canvas-covered parts of the structure and all combustible decorative
materials have been rendered flame resistant. (1) The State Fire Marshal and
deputies and assistants shall require teachers of public and private
schools and educational institutions to have one fire drill each month
and to keep all doors and exits unlocked during school hours.
(2) All painting or finish applied to interior combustible
surfaces, except floors and trim, of public and private school buildings
and educational institutions shall be of a fire-retardant material
meeting flame spread regulations for interior finish established by the
State Fire Marshal pursuant to ORS 476.030. [Amended by 1965 c.602 §19;
2003 c.14 §319]
(1) The outside doors, doors serving as exits from hazardous areas and
all doors located in the path of exit leading thereto, in every theater,
church, school building, public hall, and every other building used for
public purposes where people congregate, shall be so swung and hinged
that they will open outward as determined in accordance with rules
adopted by the State Fire Marshal pursuant to ORS 476.030. Revolving,
sliding and overhead doors shall not constitute any part of the door
width required for exit facilities as determined in accordance with rules
adopted by the State Fire Marshal pursuant to ORS 476.030.
(2) No owner, lessee, tenant or person having control of any
building enumerated in subsection (1) of this section shall fail to
provide doors opening outward as required therein. [Amended by 1979 c.660
§1](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]The owner, lessee or agent of any building established,
occupied and defined, as of May 28, 1925, as coming within the provisions
of ORS 479.020 to 479.100, which does not conform to the requirements of
these provisions, but which, after an inspection by the State Fire
Marshal, is found to be reasonably safe, or which can be made reasonably
safe, shall be granted a permit by the State Fire Marshal for the
continued use and occupancy of the building after the changes, if any,
have been made. (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] As used
in ORS 479.168 to 479.190 and 479.990 (4):
(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]
(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.
(1) If the owner, lessee, agent or occupant is aggrieved by the order of
an officer under the provisions of ORS 476.030, 479.020 to 479.130,
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]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.(1) All dance halls, clubs,
amusement halls, auditoriums and every place of public assembly not
having fixed seats and having a capacity of more than 100 persons shall
post and keep posted a notice of the maximum number of persons allowed at
any one time as established by regulations of the State Fire Marshal or
by the approved authority when such public assemblies are located within
the jurisdiction of a governmental subdivision granted the exemption
provided by ORS 476.030 (3). All such capacity notices shall be on a form
approved or provided by the State Fire Marshal and shall be securely
fixed and posted in a conspicuous place so as to be readily visible to
the occupants of such place of assembly.
(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 a building or other structure
described in subsection (1) of this section, to be occupied by a number
of persons in excess of the maximum number of persons allowed at any one
time as set forth in the 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 close the building or
other structure for use or occupancy until compliance has been made.
(3) The owner of any building or other structure closed under
subsection (2) of this section shall have immediate access to the circuit
court for the county in which the building or other structure is located
for review of the order of exclusion or removal. 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 closure provided for in subsection (2) of this section
shall 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] (1)
Any public building, as defined in ORS 479.168, erected after July 1,
1967, that exceeds 5,000 square feet in usable or occupied floor area or
is more than two stories in height and exceeds 2,000 square feet in
usable or occupied ground floor area must have a readily available water
supply within 500 feet of such building of sufficient capacity to allow
fire-fighting apparatus to pump 500 gallons per minute for a period of 10
minutes for each 5,000 square feet of occupied or usable floor area or
fraction thereof, up to 500 gallons per minute for 30 minutes.
(2) Required water supplies may be provided by underground cisterns
or surface ponds, lakes or streams when approved and readily accessible
standpipes of not less than four inches inside diameter with not less
than two two-and-one-half-inch outlets or equivalent are provided. [1967
c.417 §19; 2005 c.22 §365]INSPECTION OF INSTITUTIONS As used
in ORS 479.215 to 479.220, unless the context requires otherwise,
"institution" means:
(1) A child-caring facility which provides residential care and
which receives state aid under ORS 418.005 to 418.025, 418.035 to
418.185, 418.205 to 418.315 and 418.625 to 418.685;
(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 and 443.991 (2). [1961 c.316 §1; 1963 c.202 §1; 1969 c.641
§18; 1973 c.832 §10; 1977 c.717 §18](1) Except as provided in subsection (3) of this
section or in ORS 479.217, the Department of Human Services shall 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 shall furnish the State Fire Marshal with a
complete list of all institutions licensed or approved by it 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 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 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 department 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](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
418.005 to 418.025, 418.035 to 418.185, 418.205 to 418.315, 418.625 to
418.685, 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990 and 442.400 to 442.463 or licensed by the Department of Human
Services in accordance with ORS 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 Department of
Human Services 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]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
Department of Human Services 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 department 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]SMOKE DETECTION As used in ORS
479.250 to 479.300, unless the context requires otherwise:
(1) "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, 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.
(2) "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).
(3) "Door knock alerting device" or "door knock device" means an
approved electronic unit that alerts a hearing impaired occupant of a
knock on the door of the sleeping room that the hearing impaired person
is occupying.
(4) "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.
(5) "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.
(6) "Landlord" means the owner, lessor or sublessor of the rental
dwelling unit or guest room in the building of which it is a part.
(7) "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.
(8) "Smoke alarm for hearing impaired persons" 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 hearing impaired person of
the presence of fire or smoke.
(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](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 hearing
impaired persons 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 hearing impaired persons and a door
knock device, the landlord shall:
(a) Install a portable smoke alarm for hearing impaired persons and
a door knock device; or
(b) Provide the person with a room in which a smoke detector or
smoke alarm for hearing impaired persons 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 hearing impaired persons 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]
(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.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](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]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](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 479.300 shall be considered a habitable condition under
ORS 90.320. [1979 c.642 §5; 1993 c.369 §19; 1999 c.307 §6]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](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 479.300. 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]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]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
479.300. [1979 c.642 §9; 1999 c.307 §10]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 479.300; and
(2) Standards for the implementation of ORS 479.250 to 479.300 and
479.990 (5). [1979 c.642 §10; 1989 c.247 §5; 1999 c.307 §11; 2001 c.411
§22] (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 hearing impaired persons;
(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]No person shall remove or tamper with a properly functioning
smoke alarm or smoke detector installed in conformance with ORS 479.250
to 479.300. This prohibition includes removal of working batteries. [1979
c.642 §11; 1993 c.369 §22; 1999 c.307 §13]ELECTRICAL SAFETY LAWORS 479.510 to 479.945 and 479.995 may be
cited as the Electrical Safety Law. [1959 c.406 §1; 1981 c.815 §2] 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 fines
and civil penalties. [1959 c.406 §2; 1981 c.815 §3; 1987 c.414 §33; 1993
c.744 §117; 2003 c.299 §1] 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] 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 utilizes electric energy for
mechanical, chemical, heating, lighting or similar purposes, that is
designed to service or produce a product and that is used directly in the
production of the service or product.
(15) "Installation label" means an adhesive tag issued by
governmental agencies that administer the Electrical Safety Law to
licensed electrical contractors for application to those minor electrical
installations for which the board by rule determines to be appropriate
for random inspections.
(16) "License" means an annual permit issued by the department
under ORS 479.630 authorizing the person whose name appears as licensee
thereon to act as an electrical contractor, supervising electrician,
journeyman electrician, apprentice electrician or limited elevator
journeyman as indicated thereon.
(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] (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]
(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](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](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] 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. (1) Except
as provided in subsection (2) of this section, a person who sells
electricity shall 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. [1959 c.406 §8; 1981
c.815 §11; 1983 c.580 §1; 1987 c.575 §6; 2003 c.14 §324]
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]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 apprentice
electrician 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 which
the person owns, controls, manages or supervises to be made by a person
not licensed to make such an installation.
(7) Install, maintain, replace or repair electrical wiring or
electrical products on an oil module without a Class I oil module
electrician's license.
(8) Perform electrical work on an oil module in the capacity of
helper or trainee without a Class II oil module electrician's license.
[1959 c.406 §10; 1983 c.733 §2; 1987 c.874 §3; 1995 c.715 §3; 2003 c.675
§67] If the person
pays the applicable examination and license fees required under ORS
479.840 and complies with ORS 479.510 to 479.945 and the rules adopted
under ORS 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) Submits proof satisfactory to the board that the person has had
at least four years of specialized experience as an apprentice or its
equivalent, as determined by the board by rule, in a recognized branch of
the electrical trade.
(6) A limited elevator journeyman license to a person who qualifies
under this subsection. A person licensed under this subsection is
authorized to install, maintain and repair elevators, including all
electrical and mechanical systems. A person qualifies under this
subsection if the person has completed an elevator apprenticeship
program, including both electrical and mechanical training components,
approved by the board by rule and the person submits an application for
licensure to the board in writing. A person issued a license under this
subsection is exempt from continuing education requirements established
under ORS 455.117 and 479.680.
(7) An electrical apprentice's license to a person who has complied
with ORS 660.002 to 660.210 as an electrical apprentice.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who has complied with ORS
660.002 to 660.210 as an electrical apprentice.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the electrical
trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman electrician's
license or a limited journeyman electrician's license; and
(b) Conducts an electrical training program in a recognized branch
of the electrical trade approved by the board as being a training program
that will adequately prepare the trainee for the limited journeyman's
license.
(10) A limited maintenance electrician's license to a person who
qualifies under this subsection. A person licensed under this subsection
is authorized to maintain, repair and replace electrical installations,
including electrical components, required on the premises of industrial
plants, commercial office buildings, buildings occupied by the state or a
local government entity or facilities designated by the board. The
following apply to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Passes a written examination prepared by the board and
administered by the department on repair, replacement and maintenance of
equipment of the type and nature normally used in 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 submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the license
issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this subsection.
(13) A limited pump installation specialty contractor license to a
person who qualifies under this subsection. A person licensed under this
subsection is authorized to engage in electrical work related to the
testing, repair, service, maintenance, installation or replacement of new
or existing pump equipment for potable or irrigation water systems, sump
pumps, effluent pumps and ground water pumps on residential and
agricultural property, to employ individuals to engage in such work. A
person qualifies under this subsection if the person:
(a) Submits proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the license
issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this subsection.
(14) A limited residential electrician's license to a person who
qualifies under this subsection. A person licensed under this subsection
is authorized to perform the class of electrical work included in the
branch of the electrical trade for which the person has passed the
examination administered by the department and approved by the board.
However, a person licensed under this subsection shall perform the
electrical work allowed by the license only on single and multifamily
dwelling units not exceeding three floors above grade. For purposes of
this subsection, the first floor of a building is the floor that is
designed for human habitation and that has 50 percent or more of its
perimeter level with or above finished grade of the exterior wall line. A
person qualifies under this subsection if the person:
(a) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and who has received training in electrical theory;
(b) Submits documented proof to the board of at least two years of
apprenticeship or trainee experience in residential wiring of single and
multifamily dwelling units or its equivalent, as determined by the board
by rule; and
(c) Passes a written examination prepared by the board and
administered by the department.
(15) A Class I or Class II oil module electrician's license to a
person who passes a written examination prepared by the board and
administered by the department.
(16) A limited renewable energy contractor license to a person who:
(a) Employs at least one full-time renewable energy technician; and
(b) Does not engage in electrical work other than work that may be
performed by a limited renewable energy technician. A limited renewable
energy contractor may not make, direct, supervise or control the making
of an electrical installation unless the contractor is licensed for that
activity.
(17) A limited renewable energy technician license to a person who
qualifies under this subsection. A person qualifies for licensing as a
limited renewable energy technician if the person completes a two-year
apprenticeship program and passes an examination approved by the board. A
person licensed under this subsection may, while in the employ of a
licensed electrical contractor or a limited renewable energy contractor:
(a) Install, maintain, replace or repair electrical wiring and
electrical products that convey or operate on renewable electrical energy
not exceeding 25 kilowatts AC; and
(b) Make electrical installations not exceeding 25 kilowatts AC:
(A) On devices using renewable energy involving wind, solar energy
systems, micro-hydroelectricity, photovoltaic systems or fuel cells.
(B) Up to the load side of an inverter.
(C) To connect generators that are sized to facilitate the inverter
in an off-grid system. [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]Note: The amendments to 479.630 by section 29, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user's convenience.
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]Note: 479.633 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 479.633 (2003 Edition) is set forth
for the user's convenience.
With respect to a licensing application filed on or before
December 31, 2000, a local apprenticeship committee making a
determination under ORS 479.630 (10)(a)(C)(ii) shall consider the
applicant's experience regardless of whether the person was licensed
pursuant to ORS 479.630 at the time the experience was obtained.Note: 479.635 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 479.635 (2003 Edition) is set forth
for the user's convenience.
(1)
The Electrical and Elevator Board shall prepare examinations for purposes
of ORS 479.630 and 479.915 that meet the following requirements:
(a) The examinations shall be prepared by persons expert in
examination preparation and validation.
(b) The examinations shall be standardized. In standardizing
examinations under this paragraph, the board may adopt standardized
examinations prepared by nationally recognized testing bodies.
(2) The board and the Department of Consumer and Business Services
shall allow any person who takes an examination under ORS 479.630 or
479.915 to review the examination of that person and to review any grade
sheets used in connection with the examination.Note: 479.640 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 479.640 (2003 Edition) is set forth
for the user's convenience.
(1) All licenses
issued under ORS 479.510 to 479.945 shall bear the date of issuance.
(2) All electrical contractor, limited energy contractor, limited
sign contractor, pump specialty contractor, elevator contractor and
limited maintenance specialty contractor licenses issued under ORS
479.510 to 479.945 shall expire on October 1 of each year.
(3) All other licenses issued under ORS 479.510 to 479.945 shall
expire on October 1 no later than three years after the date of issuance.Note: 479.650 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 479.650 (2003 Edition) is set forth
for the user's convenience.
(1) The holder of a license is
entitled to renewal of the license upon its expiration if the person:
(a) Pays the fee required by ORS 479.840;
(b) Complies with ORS 479.510 to 479.945 and the rules issued
thereunder; and
(c) Complies with any requirement for continuing education
established by the Electrical and Elevator Board by rule.
(2) The Department of Consumer and Business Services shall issue a
renewal notice by regular mail, no later than August 15, to each person
whose license expires on October 1 of that year.
(3) After October 1, but not later than October 15, the department
shall issue a second notice of renewal by registered or certified mail to
each person whose license expired on October 1 of that year and has not
been renewed.
(4) On or about December 1, the department shall issue a third
notice of renewal by regular mail to each person whose license expired on
October 1 of that year and has not been renewed.
(5) The renewal notices required by subsections (2) to (4) of this
section shall advise the licensee of the provisions of subsections (6)
and (7) of this section.
(6) A person who renews an electrical license after October 1 and
on or before December 31 of the year in which the license expires shall
pay twice the amount of the regular license fee required by ORS 479.840.
(7) If a person fails to renew a license by December 31 of the year
in which the license expires or otherwise fails to qualify for renewal of
a license under this section, the person may only receive a license if
the person makes application for, qualifies for and is issued a license
in the same manner as a person who has not been previously licensed.Note: 479.660 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 479.660 (2003 Edition) is set forth
for the user's convenience.
The
Electrical and Elevator Board shall revoke the license of any licensee
who does not meet the minimum qualifications prescribed by ORS 479.510 to
479.945 for that license. Subject to ORS 183.430, the board may summarily
suspend or cancel any license issued under ORS 479.510 to 479.945 if the
person in whose name it was issued:
(1) Deliberately falsifies the application for the license.
(2) Allows the person to be held out falsely as the person
directing, supervising or making an electrical installation.
(3) Establishes a pattern of conduct that willfully or negligently
violates any provision of ORS 479.510 to 479.945 or any rule issued
thereunder.
(4) Serves as a supervising electrician for more than one employer.
(5) Persistently fails promptly to notify the Department of
Consumer and Business Services of the location of installations for which
permits were issued on the person's representation that such notice would
be promptly given upon completion of the installations.
(6) As an electrical contractor, employs or causes to be employed
under the person's license, any person to make electrical installations
for which the person does not have such licenses for the installations as
are required by ORS 479.510 to 479.945.
(7) As an electrical contractor, fails to obtain permits or arrange
for inspections required by ORS 479.510 to 479.945.
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
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]Note: The amendments to 479.680 by section 32, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user's convenience.
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](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]
(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]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](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] 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] (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]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] (1) Upon receipt of the following fee, the Department
of Consumer and Business Services shall issue or renew a license or
permit applied for under ORS 479.510 to 479.945:
(a) $125 for an electrical contractor license for each place of
business operated by the applicant.
(b) $125 for a limited energy contractor or limited sign contractor
license.
(c) $25 for a pump specialty contractor or limited maintenance
specialty contractor license.
(d) $150 for an elevator contractor license.
(e) $100 for a license for a:
(A) General journeyman electrician;
(B) General supervising electrician;
(C) Limited supervising industrial electrician;
(D) Limited supervising manufacturing plant electrician;
(E) Limited journeyman industrial electrician;
(F) Limited maintenance industrial electrician;
(G) Limited maintenance manufactured dwelling or recreational
vehicle electrician;
(H) Limited journeyman manufacturing plant electrician; or
(I) Limited journeyman railroad electrician.
(f) $50 for a license for a:
(A) Limited elevator journeyman;
(B) Class A or Class B limited energy technician;
(C) Limited journeyman sign electrician;
(D) Limited journeyman sign service electrician;
(E) Limited journeyman stage electrician; or
(F) Limited building maintenance electrician.
(g) $10 for the right to take the written qualifying examination.
(2) The Electrical and Elevator Board shall set uniform permit
fees, by rule, not to exceed the cost of administration.
(3) The fees provided for in this section do not apply to persons
paying inspection fees under the terms of ORS 479.560 (3) or 479.630 (10).
(4) Each electrical contractor may furnish to the department a
corporate surety bond to be approved by the department, an irrevocable
letter of credit issued by an insured institution as defined in ORS
706.008 or a cash bond under procedures approved by the department, in
the sum of $2,000 guaranteeing the payment of all fees provided for under
ORS 479.510 to 479.945. Before commencing any electrical job an
electrical contractor who has a current bond or letter of credit under
this subsection may apply to the department for a working permit which
shall cost an amount established by the department by rule. The working
permit shall authorize the electrical contractor to commence work. The
total of all fees due for permits for each job, and the time such fees
are payable, shall be determined by the department by administrative rule
under ORS 479.730. The contractor shall keep the bond or letter of credit
in force at all times. Any cancellation or revocation of the bond or
letter of credit shall revoke and suspend the license issued to the
principal until such time as a new bond or letter of credit shall be
filed and approved. The department may bring an action against the surety
named in the bond or the letter of credit issuer with or without joining
in such action the principal named in the bond or letter of credit. [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] 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] 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]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](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] (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](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](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] 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](1) Upon payment of an examination and
license or renewal fee, the Department of Consumer and Business Services
shall issue a Class B limited energy technician license to a person who
qualifies under ORS 479.915. A person licensed under this section may
perform limited energy electrical activity except protective signaling as
defined in ORS 479.905.
(2) A person licensed under this section shall comply with the
permit and code compliance requirements under ORS 479.510 to 479.945.
(3) The examination and license 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] (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 four 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](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
persons or businesses licensed and in good standing with the Construction
Contractors Board.
(3)(a) The licensure provisions of ORS 479.510 to 479.945 do not
apply to limited energy electrical activity involving landscape
irrigation control wiring and outdoor landscape lighting installed by a
business licensed under ORS 671.510 to 671.710.
(b) A business exempt from licensing under this section 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
landscaping 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]
(1) Voice transmission products;
(2) Data transmission products; or
(3) Intercom and paging systems. [1997 c.544 §2; 2003 c.344 §2](1) A restricted energy contractor's license is created for
persons engaged in HVAC and such other categories as established by the
Electrical and Elevator Board by rule under ORS 455.117.
(2) A person licensed as a restricted energy contractor under this
section and the person's employees may install, alter, maintain, replace
or repair electrical wiring and electrical products that are within the
scope of the contractor's license issued under this section. A person
covered by this subsection does not have to obtain a license under ORS
479.910.
(3) The license issued under this section shall limit the scope of
activities that the licensee and licensee's employees may engage in and
in no instance may the scope of the license exceed that of a Class B
limited energy technician.
(4) An applicant for licensing under this section shall provide
proof satisfactory to the board that the person has experience of the
type of work covered by the license indorsement and shall pay the fees
required by ORS 479.840 (1)(b) for a limited energy contractor.
(5) A restricted energy contractor licensee under this section
shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this section;
(b) Issue an identification card to each employee working under the
provisions of this section and identify the contractor, date of issue,
contractor's identification number with the board and the Construction
Contractors Board; and
(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]Note: The amendments to 479.945 by section 33, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user's convenience.
479.945. (1) A restricted energy contractor's license is created
for persons engaged in HVAC and such other categories as established by
the Electrical and Elevator Board by rule.
(2) A person licensed as a restricted energy contractor under this
section and the person's employees may install, alter, maintain, replace
or repair electrical wiring and electrical products that are within the
scope of the contractor's license issued under this section. A person
covered by this subsection does not have to obtain a license under ORS
479.910.
(3) The license issued under this section shall limit the scope of
activities that the licensee and licensee's employees may engage in and
in no instance may the scope of the license exceed that of a Class B
limited energy technician.
(4) An applicant for licensing under this section shall provide
proof satisfactory to the board that the person has experience of the
type of work covered by the license indorsement and shall pay the fees
required by ORS 479.840 (1)(b) for a limited energy contractor.
(5) A restricted energy contractor licensee under this section
shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this section;
(b) Issue an identification card to each employee working under the
provisions of this section and identify the contractor, date of issue,
contractor's identification number with the board and the Construction
Contractors Board; and
(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.
(7) If any restricted energy contractor repeatedly violates the
requirements of this section, the board may, in addition to any other
remedies, suspend, revoke or condition the contractor's license.RAIL FIXED GUIDEWAY SYSTEMS (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(1) Violation of any provision of ORS 479.020 to
479.130 or 479.160 or rules adopted thereunder, or failure, neglect or
refusal to comply with any requirements in these sections, is punishable
by a civil penalty of not more than $50. Each day's violation of or
failure to comply with these provisions shall be deemed a separate
violation.
(2) Violation of any provision of ORS 479.130 or rules adopted
thereunder is punishable by a civil penalty of not more than $50. Each
day's violation shall be deemed a separate violation.
(3) Violation of ORS 479.150 or rules adopted thereunder is
punishable by a civil penalty of not less than $10 nor more than $100.
Each day of failure to comply with the provisions of ORS 479.150 or rules
adopted thereunder shall be deemed a separate violation.
(4) 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.
(5) Violation of ORS 479.255, 479.260, 479.270, 479.280, 479.297 or
479.300, or rules adopted thereunder, is punishable by a civil penalty
imposed by the State Fire Marshal in an amount not to exceed $250.
(6) 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] 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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