2007 Oregon Code - Chapter 479 :: Chapter 479 - Protection of Buildings From Fire - Electrical Safety Law
Chapter 479 —
Protection of Buildings From Fire; Electrical Safety Law
2007 EDITION
PROTECTION OF BUILDINGS; ELECTRICAL SAFETY
PROTECTION FROM FIRE
PROTECTION OF BUILDINGS FROM FIRE
479.015Â Â Â Â Smoking
in public elevator prohibited; penalty
479.018Â Â Â Â Definition
for ORS 479.020 and 479.060
479.020Â Â Â Â Buildings
requiring fire escapes; exceptions
479.030Â Â Â Â Hospital
escape exits
479.040Â Â Â Â Specifications
for construction of fire escapes
479.050Â Â Â Â Certain
fire escapes to extend to ground or have approved counterbalanced stairways
479.060Â Â Â Â Location
of fire escapes; accessibility; freedom from obstructions; buildings of three
or more stories
479.080Â Â Â Â Red
or green lights to show location of fire escapes; fire warning system
479.090Â Â Â Â Stationary
ladders; standpipe specifications; hospital requirements
479.100Â Â Â Â Public
garage regulation; rules
479.130Â Â Â Â Tents
or canvas-covered structures for public assembly to be flame resistant
479.140Â Â Â Â School
fire prevention
479.150Â Â Â Â Outward-swinging
doors required in public buildings; rules
479.155Â Â Â Â Plan
of proposed construction or alteration; declaration of value; approval of plan;
effect of approval; rules
479.160Â Â Â Â Existing
nonconforming buildings; permit for use and occupancy
479.165Â Â Â Â Certification
of fire officials; rules
479.168Â Â Â Â Definitions
for ORS 479.168 to 479.190 and 479.990
479.170Â Â Â Â Ordering
repair of, or removal of material from, buildings
479.180Â Â Â Â Appeal
from order to comply with fire prevention statutes
479.190Â Â Â Â Liability
in damages for failure to comply with order under ORS 479.170
479.195Â Â Â Â Posting
of notice of maximum allowable number of persons; closure of buildings;
judicial review
479.200Â Â Â Â Water
supply requirement for certain public buildings
INSPECTION OF INSTITUTIONS
479.210    “Institution”
defined for ORS 479.215 to 479.220
479.215Â Â Â Â Institution
not to be licensed or certificated unless in compliance with fire safety
requirements; inspection; list of licensed or approved institutions
479.217Â Â Â Â Temporary
permit in lieu of inspection approval under ORS 479.215; cancellation; extension
or renewal
479.220Â Â Â Â Institution
inspection by State Fire Marshal; notification to Department of Human Services
of noncompliance
SMOKE DETECTION
479.250Â Â Â Â Definitions
for ORS 479.250 to 479.300
479.255Â Â Â Â Smoke
alarm or smoke detector required in certain structures; alarms and devices for
persons who are hard of hearing
479.257Â Â Â Â Design
features required for certain smoke alarms; rules
479.258Â Â Â Â Provision
of notice of smoke alarm or smoke detector requirements for persons who are
hard of hearing; rules
479.260Â Â Â Â Transfer
of dwelling unit or lodging house without smoke alarm or smoke detector
prohibited
479.265Â Â Â Â Action
for unlawful transfer of dwelling unit; damages; attorney fees
479.270Â Â Â Â Owner
of rental dwelling unit to supply, install and maintain smoke alarm or smoke
detector; instructions for testing to be provided
479.275Â Â Â Â Tenant
of rental dwelling unit to test smoke alarm or smoke detector and replace dead
batteries
479.280Â Â Â Â Lack
of properly operating smoke alarm or smoke detector; complaint; investigation;
citation
479.285Â Â Â Â Owner
to maintain and test certain smoke alarms and smoke detectors
479.290Â Â Â Â Certain
persons not liable for damages resulting from mechanical failure of smoke alarm
or smoke detector
479.295Â Â Â Â State
Fire Marshal to adopt rules setting standards and providing for implementation
of certain laws governing smoke alarms and smoke detectors
479.297Â Â Â Â Smoke
alarms; required equipment; exemptions
479.300Â Â Â Â Removing
or tampering with smoke alarm or smoke detector prohibited
ELECTRICAL SAFETY LAW
479.510Â Â Â Â Short
title
479.520Â Â Â Â Purpose
479.525Â Â Â Â Application
of Electrical Safety Law; uniformity
479.530Â Â Â Â Definitions
for ORS 479.510 to 479.945 and 479.995
479.540Â Â Â Â Exemptions;
rules
479.545Â Â Â Â License
required of state employee; letter of authority
479.550Â Â Â Â No
work on new electrical installation until permit issued; temporary permit;
rules
479.560Â Â Â Â Issuance
of permit; when permit becomes void; master electrical inspection permit; rules
479.565Â Â Â Â Master
individual inspection permits; fee
479.570Â Â Â Â Energizing
of electrical installations; rules
479.610Â Â Â Â Installation
of uncertified electrical product prohibited
479.620Â Â Â Â Certain
electrical license required; electrical installations by unlicensed persons
prohibited
479.630Â Â Â Â Requirements
for obtaining licenses; rules
479.632Â Â Â Â Applicant
training or experience obtained in another state
479.670Â Â Â Â Maintenance
of action or suit by unlicensed person prohibited
479.680Â Â Â Â Adoption
of rules by Electrical and Elevator Board; establishment of continuing
education program
479.710Â Â Â Â Electrical
installations must meet minimum safety standards
479.730Â Â Â Â Adoption
of rules by Director of Department of Consumer and Business Services
479.740Â Â Â Â Factors
to be considered in adopting rules; incorporation of standards by reference
479.760Â Â Â Â Certification
of electrical products; safety indicators
479.770Â Â Â Â Approved
electric ignition pilot required on certain appliances
479.810Â Â Â Â Administration
and enforcement; Chief Electrical Inspector; inspector qualifications; rules
479.815Â Â Â Â Inspector
conflicts of interest; rules
479.820Â Â Â Â Duties
and powers in enforcing law
479.835Â Â Â Â Recovery
of purchase price of product not meeting applicable laws
479.840Â Â Â Â Fees;
rules; means to guarantee payment
479.845Â Â Â Â Limitation
on use of local government fees
479.850Â Â Â Â Disposition
of receipts
479.853Â Â Â Â Appeal
procedure; distribution of major code interpretation decisions
479.854Â Â Â Â Authority
of municipality to require license; approval of ordinance
479.855Â Â Â Â City
and county inspection and enforcement programs
479.860Â Â Â Â Persons
authorized to design, plan and lay out electrical installations; rules
479.870Â Â Â Â Electrical
and Elevator Board to prescribe uniform fee calculation and permit format;
review; rules
479.905Â Â Â Â Definitions
for ORS 479.870 and 479.905 to 479.945
479.910Â Â Â Â Limited
energy technician license; compliance with other laws; fees; continuing
education
479.915Â Â Â Â Limited
energy technician license requirements
479.940Â Â Â Â Activities
not subject to licensure under ORS 479.510 to 479.945; identification cards
479.943Â Â Â Â Activities
not subject to licensure under ORS 479.905 to 479.945
479.945Â Â Â Â Restricted
energy contractorÂ’s license; rules; scope; employees
RAIL FIXED GUIDEWAY SYSTEMS
479.950Â Â Â Â Minimum
safety standards; rules; criteria
PENALTIES
479.990Â Â Â Â Penalties
479.995Â Â Â Â Civil
penalty for violation of ORS 479.510 to 479.945
PROTECTION OF BUILDINGS FROM FIRE
     479.010 [Subsection (4) enacted as 1953 c.569 §1;
1963 c.120 §1; 1979 c.359 §1; 1979 c.764 §1a; 1987 c.158 §105; 1997 c.24 §2;
2005 c.22 §360; renumbered 479.168 in 2005]
     479.015
Smoking in public elevator prohibited; penalty. (1) It shall be unlawful for any person to
smoke cigars, cigarettes or tobacco in any form or to ignite any substance in
an elevator used by the public.
     (2) A “No Smoking” sign shall be posted
and maintained in a conspicuous place on or within any elevator operated in
accordance with subsection (1) of this section, pursuant to rules of the State
Fire Marshal.
     (3) Any person who violates subsection (1)
of this section shall incur a penalty of $10 for each such violation.
     (4) Any person who violates subsection (2)
of this section commits a Class D violation. [1975 c.474 §2; 1999 c.1051 §189]
     479.018
Definition for ORS 479.020 and 479.060. 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]
     479.020
Buildings requiring fire escapes; exceptions. (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 firefighterÂ’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]
     479.030
Hospital escape exits. 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.
     479.040
Specifications for construction of fire escapes. 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 firefighterÂ’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.
     479.050
Certain fire escapes to extend to ground or have approved counterbalanced
stairways. 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.
     479.060
Location of fire escapes; accessibility; freedom from obstructions; buildings
of three or more stories.
(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.
     479.070 [Repealed by 1965 c.602 §30]
     479.080
Red or green lights to show location of fire escapes; fire warning system. (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]
     479.090
Stationary ladders; standpipe specifications; hospital requirements. (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-story
Size 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]
     479.100
Public garage regulation; rules. (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]
     479.110 [Amended by 1963 c.317 §1; repealed by 1965
c.602 §30]
     479.120 [Repealed by 1963 c.120 §2 (479.121 enacted
in lieu of 479.120)]
     479.121 [1963 c.120 §3 (enacted in lieu of 479.120);
1969 c.314 §52; repealed by 1979 c.764 §2]
     479.130
Tents or canvas-covered structures for public assembly to be flame resistant. 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.
     479.140
School fire prevention. (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]
     479.150
Outward-swinging doors required in public buildings; rules. (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]
     479.155
Plan of proposed construction or alteration; declaration of value; approval of
plan; effect of approval; rules. (1) As used in this section, “director” means the Director of the
Department of Consumer and Business Services.
     (2) Prior to construction or alteration of
a hospital, public building as defined in ORS 479.168, public garage, dry
cleaning establishment, apartment house, hotel, bulk oil storage plant, school,
institution as defined in ORS 479.210, or any other building or structure
regulated by the State Fire Marshal for use and occupancy or requiring approval
by the State Fire Marshal pursuant to statute, the owner shall submit to the
director two copies of a plan or sketch showing the location of the building or
structure with relation to the premises, distances, lengths and details of
construction as the director shall require. A filing is not required with
respect to any such building or structure in any area exempted by order of the
State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches
by the director is considered approval by the State Fire Marshal and satisfies
any statutory provision requiring approval by the State Fire Marshal.
     (3) A declaration of the value of the
proposed construction or alteration and the appropriate fee required under ORS
455.210 must accompany the plan or sketch. However, the determination of value
or valuation shall be made by the director.
     (4) The director shall be furnished with
not fewer than two accurate copies of the plan or sketch and details for the
purpose of ascertaining compliance with applicable fire prevention and
protection statutes and regulations. The plan examiner shall indicate on the
plan or sketch and in writing approval or disapproval and conditions for
approval of the construction or alteration. One copy of the plan or sketch
shall be retained by the director and one copy shall be returned to the
applicant. No building or structure referred to in subsection (2) of this
section shall be erected or constructed without approval by the director if the
building or structure requires approval by the State Fire Marshal. After such
approval or issuance of the required permit, construction or alteration must
comply with the plan or sketch in all respects unless modified by subsequent
permit or order of the director.
     (5) The approval of a plan or sketch may
not be construed to be a permit for, or an approval of, any violation of any
statute or regulation or the applicable ordinances and regulations of any
governmental subdivision of the state. The approval of a plan or sketch may not
be construed as an approval for noncompliance with fire marshal regulations.
Any condition upon approval or disapproval is an order subject to appeal as
other orders are appealable.
     (6) Notwithstanding the requirements of
subsections (2) and (4) of this section, the State Fire Marshal may, by rule,
require an additional copy of a plan or sketch for local government use and may
specify that plans or sketches submitted for review be drawn clearly and to
scale. [1965 c.602 §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987
c.414 §158; 1993 c.744 §116; 1999 c.1082 §13; 2005 c.22 §364]
     479.160
Existing nonconforming buildings; permit for use and occupancy. 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.
     479.165
Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183,
the State Fire Marshal, by rule, shall establish a certification system for
fire officials who review plans, new construction, alterations and
specifications from a uniform fire code.
     (2) Fire officials who review plans, new
construction, alterations and specifications from a uniform fire code shall be
certified under subsection (1) of this section.
     (3) Nothing in this section shall be
construed to expand the duties of the State Fire Marshal with respect to
regulating additional types of structures. [1993 c.463 §3]
     479.168
Definitions for ORS 479.168 to 479.190 and 479.990. As used in ORS 479.168 to 479.190 and
479.990 (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]
     479.170
Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies,
upon an examination or inspection finds a building or other structure which for
want of proper repairs, by reason of age and dilapidated conditions, or poorly
installed electric wiring and equipment, defective chimneys, defective gas connection,
defective heating apparatus or for any other cause or reason, is especially
liable to fire, and which is so situated or occupied as to endanger other
buildings or property or human life, the officer shall order the building to be
repaired and all dangerous conditions remedied.
     (2) If the officer finds in any building
or upon any premises any combustible or explosive material, rubbish, rags,
waste, oils, gasoline or inflammable condition of any kind, dangerous to the
safety of the buildings or premises or human life, the officer shall order such
materials removed or remedied.
     (3) The order shall be made against and
served personally or by registered letter upon the owner, lessee or occupant of
the building or premises. Thereupon it shall be complied with by the owner,
lessee, agent or occupant within the time fixed in the order. Upon failure to
comply, the State Fire Marshal may close the building or premises for use or
occupancy until compliance has been made.
     479.180
Appeal from order to comply with fire prevention statutes. (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]
     479.190
Liability in damages for failure to comply with order under ORS 479.170. Anyone whose person or property is injured
by reason of the failure of the owner or occupant to comply with any order
under ORS 479.170 not appealed from, or with any such order of the State Fire
Marshal upon appeal to the State Fire Marshal, or by any fire originating in
the building or premises while the order is in effect and not complied with,
may recover from the owner or occupant the actual damage suffered.
     479.195
Posting of notice of maximum allowable number of persons; closure of buildings;
judicial review. (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]
     479.200
Water supply requirement for certain public buildings. (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
     479.210
“Institution” defined for ORS 479.215 to 479.220. As used in ORS 479.215 to 479.220, unless
the context requires otherwise, “institution” means:
     (1) A child-caring facility that provides
residential care and that receives state aid under ORS 412.001 to 412.161,
418.005 to 418.025, 418.205 to 418.315, 418.625 to 418.685 and 418.647;
     (2) An inpatient care facility required to
be licensed under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990, 442.342, 442.344 and 442.400 to 442.463; or
     (3) A residential facility subject to
licensure under ORS 443.400 to 443.455. [1961 c.316 §1; 1963 c.202 §1; 1969
c.641 §18; 1973 c.832 §10; 1977 c.717 §18; 2007 c.71 §155]
     479.215
Institution not to be licensed or certificated unless in compliance with fire
safety requirements; inspection; list of licensed or approved institutions. (1) Except as provided in subsection (3) of
this section or in ORS 479.217, the Department of Human Services 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
     (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]
     479.217
Temporary permit in lieu of inspection approval under ORS 479.215;
cancellation; extension or renewal. (1) In lieu of an inspection approval by the State Fire Marshal or the
approved authority of a governmental subdivision having jurisdiction in an area
exempted by the State Fire Marshal, under ORS 479.215 for institutions licensed
under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315, 418.625
to 418.685, 418.647, 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990 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]
     479.220
Institution inspection by State Fire Marshal; notification to Department of
Human Services of noncompliance. When application is made for the initial issuance or reinstatement of
a license or certificate of approval to operate and maintain an institution, or
for an enlargement or addition to a licensed or approved institution, the
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
     479.250
Definitions for ORS 479.250 to 479.300. As used in ORS 479.250 to 479.300, unless the context requires
otherwise:
     (1) “Door knock alerting device” or “door
knock device” means an approved electronic unit that alerts an occupant who is
hard of hearing of a knock on the door of the sleeping room that the person who
is hard of hearing is occupying.
     (2) “Dwelling unit” means a structure or
part of a structure providing complete, independent living facilities for one
or more persons including permanent provisions for sleeping, eating, cooking
and sanitation.
     (3) “Hotel” means any building containing
six or more guest rooms that are rented, hired out or made available on a
regular basis for sleeping purposes but are not used as a primary residence.
     (4) “Landlord” means the owner, lessor or
sublessor of the rental dwelling unit or guest room in the building of which it
is a part.
     (5) “Lodging house” is any building or
portion thereof containing not more than five guest rooms that are made
available for sleeping purposes in exchange for compensation paid in money,
goods, labor or other tender but are not used as a primary residence.
     (6) “Smoke alarm” means a self-contained
single or multiple station detection device for products of combustion other
than heat that conforms to the state building code and rules of the State Fire
Marshal and that is listed by Underwriters Laboratories or any other nationally
recognized testing laboratory. “Smoke alarm” includes but is not limited to
devices listed under UL 217 (1998). “Smoke alarm” may include two or more
single station units wired to operate in conjunction with each other.
     (7) “Smoke alarm for persons who are hard
of hearing” means an approved smoke alarm that, when activated by smoke or
products of combustion, produces an audible and a visual warning. The visual
warning shall produce a light signal sufficient to warn a person who is hard of
hearing of the presence of fire or smoke.
     (8) “Smoke detector” means a device that
is not self-contained, that detects products of combustion other than heat,
that is intended for use in conjunction with a central control panel, that
conforms to the state building code and rules of the State Fire Marshal and
that is listed by Underwriters Laboratories or any other nationally recognized
testing laboratory. “Smoke detector” includes but is not limited to devices
listed under UL 268 (1998).
     (9) “State building code” shall have the
meaning for that term provided under ORS 455.010.
     (10) “Tenant” means a person entitled to
occupy a dwelling unit on a rental or lease basis. [1979 c.642 §1; 1989 c.247 §1;
1999 c.307 §1; 2007 c.70 §272; 2007 c.71 §156]
     479.255
Smoke alarm or smoke detector required in certain structures; alarms and
devices for persons who are hard of hearing. (1) Every dwelling unit regulated under ORS chapter 90, every lodging
house and every hotel guest room shall contain an approved and properly
functioning smoke alarm or smoke detector, installed in accordance with the
state building code and rules of the State Fire Marshal.
     (2) A hotel shall provide no fewer than
one smoke alarm for persons who are hard of hearing and one door knock device
for each 75, or fraction thereof, rooms of the hotel that are regularly used
for sleeping.
     (3) If a person renting a room in a hotel
requests a room with a smoke detector or a smoke alarm for persons who are hard
of hearing and a door knock device, the landlord shall:
     (a) Install a portable smoke alarm for
persons who are hard of hearing and a door knock device; or
     (b) Provide the person with a room in
which a smoke detector or smoke alarm for persons who are hard of hearing and a
door knock device have been permanently installed.
     (4) The landlord may require a guest to
pay a refundable deposit if the landlord provides the smoke alarm for persons
who are hard of hearing under subsection (3)(a) of this section.
     (5) A hotel shall provide a printed notice
of the requirements of subsection (3) of this section, posted conspicuously at
the place of registration or in each guest room. [1979 c.642 §2; 1989 c.247 §2;
1999 c.307 §2; 2007 c.70 §273]
     479.257
Design features required for certain smoke alarms; rules. (1) Not later than January 1, 2002, every
smoke alarm installed in a dwelling unit regulated under ORS chapter 90, a
lodging house or a hotel guest room, as required under ORS 479.255, shall
contain the features described in ORS 479.297 (1) and (2).
     (2) The State Fire Marshal by rule may
exempt hotels with sprinkler fire suppression systems from the requirements of
this section. [1999 c.307 §2a]
     Note: 479.257 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 479 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     479.258
Provision of notice of smoke alarm or smoke detector requirements for persons
who are hard of hearing; rules.
A landlord shall provide notice of the requirements of ORS 479.250 to 479.258,
479.280 and 479.295 in a form and manner as specified by rule by the State Fire
Marshal. [1989 c.247 §4]
     479.260
Transfer of dwelling unit or lodging house without smoke alarm or smoke
detector prohibited. (1) A
person may not convey fee title to any real property that includes a dwelling
unit or lodging house, or transfer possession of any dwelling unit or lodging
house pursuant to a land sale contract, unless there is installed in the
dwelling unit or lodging house a smoke detector or the required number of
approved smoke alarms, installed in accordance with the state building code and
rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms
required by this subsection must meet the requirements of ORS 479.297.
     (2)(a) A person may not convey ownership
or transfer possession of any manufactured dwelling, as defined in ORS 446.003,
unless there is installed in the manufactured dwelling the required number of
approved smoke alarms or smoke detectors, installed in accordance with the
state building code or with the federal manufactured dwelling construction and
safety standards adopted under ORS 446.155.
     (b) A smoke alarm installed in a
manufactured dwelling that is resold by a person other than the manufacturer or
authorized dealer must meet the requirements of ORS 479.297. [1979 c.642 §3;
1997 c.647 §5; 1999 c.307 §§3,4; 2003 c.655 §78]
     479.265
Action for unlawful transfer of dwelling unit; damages; attorney fees. Any purchaser or transferee of a dwelling
unit who is aggrieved by a violation of ORS 479.260 may bring an individual
action in an appropriate court to recover actual damages or $50, whichever is
greater. In any action brought by a person under this section, the court may
award to the prevailing party, in addition to the relief provided in this
section, reasonable attorney fees at trial and on appeal and costs. Actions
brought under this section must be commenced within one year of the date of
sale or transfer. Notwithstanding the provisions of this section, violation of
ORS 479.260 does not affect the transfer of the title, ownership or possession
of the dwelling unit. [1979 c.642 §4; 1981 c.897 §56; 1995 c.618 §77; 2003
c.655 §79]
     479.270
Owner of rental dwelling unit to supply, install and maintain smoke alarm or
smoke detector; instructions for testing to be provided. (1) The owner of any rental dwelling unit or
the ownerÂ’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]
     479.275
Tenant of rental dwelling unit to test smoke alarm or smoke detector and
replace dead batteries. It
shall be the responsibility of the tenant of any rental dwelling unit to
perform such tests on the smoke alarms or smoke detectors located in a part of
the dwelling unit that the tenant is entitled to occupy to the exclusion of
others as are recommended by the manufacturerÂ’s instructions and immediately
notify, in writing, the owner or authorized agent of any deficiencies. Testing
intervals shall not exceed six months. It shall also be the responsibility of
the tenant during the tenancy to replace any dead batteries, as needed. [1979
c.642 §6; 1981 c.309 §2; 1993 c.369 §20; 1999 c.307 §7]
     479.280
Lack of properly operating smoke alarm or smoke detector; complaint;
investigation; citation. (1)
If a rental dwelling unit is not equipped with the required smoke alarm or
smoke detector, or if the smoke alarm or smoke detector is not operating
properly and the owner or the ownerÂ’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]
     479.285
Owner to maintain and test certain smoke alarms and smoke detectors. Where the smoke alarm or smoke detector is
located in a common area of a lodging house, the owner or the ownerÂ’s
authorized agent shall be responsible for maintenance of the required smoke
alarm or smoke detector and for performing such tests as are recommended by the
manufacturer and is not required to provide notice of instructions under ORS
479.270. Testing intervals shall not exceed six months. [1979 c.642 §8; 1993
c.369 §21; 1999 c.307 §9]
     479.290
Certain persons not liable for damages resulting from mechanical failure of
smoke alarm or smoke detector.
The owner, ownerÂ’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]
     479.295
State Fire Marshal to adopt rules setting standards and providing for
implementation of certain laws governing smoke alarms and smoke detectors. Notwithstanding the provisions of ORS
476.030, the State Fire Marshal shall adopt, by rule:
     (1) Standards for the installation and
maintenance of smoke alarms and smoke detectors as the State Fire Marshal
considers necessary to carry out the purposes of ORS 479.250 to 479.300; 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]
     479.297
Smoke alarms; required equipment; exemptions. (1) All ionization smoke alarms sold in this state that are solely
battery-operated shall be packaged with a 10-year battery.
     (2) All ionization smoke alarms sold in
this state shall include a “hush” mechanism that allows a person to temporarily
disengage the alarm for a period of not more than 15 minutes.
     (3) The provisions of this section do not
apply to:
     (a) Smoke alarms specifically designed for
persons who are hard of hearing;
     (b) Smoke alarms sold in this state for
shipment out of state; or
     (c) Smoke alarms sold for installation in
recreational vehicles, commercial vehicles, railroad equipment, aircraft,
marine vessels or manufactured dwellings.
     (4) The sale of a recreational vehicle,
commercial vehicle, railroad equipment, aircraft, marine vessel or new
manufactured dwelling containing a smoke alarm does not constitute sale of a
smoke alarm. [1997 c.647 §2,3; 1999 c.307 §12; 2007 c.70 §274]
     479.300
Removing or tampering with smoke alarm or smoke detector prohibited. No person shall remove or tamper with a
properly functioning smoke alarm or smoke detector installed in conformance
with ORS 479.250 to 479.300. This prohibition includes removal of working batteries.
[1979 c.642 §11; 1993 c.369 §22; 1999 c.307 §13]
     479.410 [Repealed by 1959 c.406 §34]
     479.420 [Repealed by 1959 c.406 §34]
     479.430 [Repealed by 1959 c.406 §34]
     479.440 [Amended by 1955 c.689 §1; 1957 c.429 §1;
repealed by 1959 c.406 §34]
     479.450 [Repealed by 1959 c.406 §34]
ELECTRICAL SAFETY
LAW
     479.510
Short title. ORS 479.510 to
479.945 and 479.995 may be cited as the Electrical Safety Law. [1959 c.406 §1;
1981 c.815 §2]
     479.520
Purpose. The purpose of the
Electrical Safety Law is to protect the health and safety of the people of
     (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]
     479.525
Application of Electrical Safety Law; uniformity. Except as provided in ORS 479.854, the
Electrical Safety Law shall be applicable and uniform throughout this state and
in all municipalities, and no municipality shall enact or enforce any
ordinance, rule or regulation relating to the same matters encompassed by the Electrical
Safety Law. [1983 c.580 §3]
     479.527 [1985 c.826 §2; repealed by 1987 c.874 §1]
     479.530
Definitions for ORS 479.510 to 479.945 and 479.995. As used in ORS 479.510 to 479.945 and
479.995, unless the context requires otherwise:
     (1) “Approved testing laboratory” means a
testing laboratory that meets criteria for electrical product evaluation
established by the Director of the Department of Consumer and Business Services
with the approval of the Electrical and Elevator Board under ORS 479.730.
     (2) “Board” means the Electrical and
Elevator Board established under ORS 455.138.
     (3) “Certified electrical product” means
an electrical product that is certified under ORS 479.760 and that is not
decertified.
     (4) “Competent inspection service” means
an electrical inspection service of a city or county administered under ORS
455.148 or 455.150 that employs electrical inspectors who are certified to meet
standards under ORS 479.810.
     (5) “Commercial electrical air
conditioning equipment” means heating, cooling, refrigeration, dehumidifying,
humidifying and filtering equipment used for climatizing or moving of air if
used in commerce, industry or government and if installed in a place not
accessible to the general public other than the switches regulating the operation
of the equipment.
     (6) “Demarcation point” means the place of
interconnection between the communications cabling, terminal equipment or
protective apparatus of the telecommunications service provider and the
customerÂ’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 a permit issued by
the department under ORS 479.630 authorizing the person whose name appears as
licensee thereon to act as an electrical contractor, supervising electrician,
journeyman electrician, apprentice electrician or limited elevator journeyman as
indicated thereon.
     (17) “Minimum safety standards” means
safety standards prescribed by concurrence of the board and the director under
ORS 479.730.
     (18) “Multifamily dwelling” means a
building containing more than one dwelling unit.
     (19) “Oil module” means a prefabricated
structure manufactured to the specifications of the purchaser and used outside
this state in the exploration for or processing or extraction of petroleum
products.
     (20) “Permit” means an official document
or card issued by the enforcing agency to authorize performance of a specified
electrical installation.
     (21) “Single family dwelling” means a
building consisting solely of one dwelling unit.
     (22) “Telecommunications service provider”
means a telecommunications carrier as defined in ORS 133.721 or a
telecommunications utility or competitive telecommunications provider, both as
defined in ORS 759.005.
     (23) “Uncertified product” means any
electrical product that is not an electrical product certified under ORS
479.760. [1959 c.406 §3; 1971 c.753 §55; 1973 c.834 §35; 1981 c.815 §4; 1983
c.733 §1; 1985 c.826 §3; 1987 c.414 §34; 1987 c.575 §4; 1987 c.874 §2; 1993
c.744 §118; 1995 c.706 §1; 1999 c.59 §159; 1999 c.1031 §1; 2001 c.573 §16; 2003
c.222 §1; 2003 c.299 §2; 2005 c.435 §2; 2007 c.271 §3]
     479.540
Exemptions; rules. (1)
Except as otherwise provided in this subsection, a person is not required to
obtain a license to make an electrical installation on residential or farm
property that is owned by the person or a member of the personÂ’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, landlordÂ’s agent or
the employee of the landlord or landlordÂ’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 personÂ’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 authorityÂ’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
     (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 buildingÂ’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 contractorÂ’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
electricianÂ’s license to perform work authorized under the personÂ’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 personÂ’s
immediate family. This subsection does not establish an exemption for new
electrical installations or substantial alterations to existing electrical
installations.
     (16) A permit is not required for those
minor electrical installations for which the board has authorized an
installation label.
     (17) A residential home, as defined in ORS
443.580, and an adult foster home, as defined in ORS 443.705, is not a
multifamily dwelling and only electrical installation standards and safety
requirements applicable to single family dwellings apply to such homes.
     (18) The permit requirements of ORS
479.550 and the license requirements of ORS 479.620 do not apply to cable
television installations.
     (19) The provisions of any electrical
products code or rule adopted pursuant to ORS 479.510 to 479.945 and 479.995
apply to cable and such products installed as part of a cable television
installation.
     (20) A person is not required to obtain a
license to make an electrical installation in a prefabricated structure, as
defined in ORS 455.010, that is designed for residential use and intended for
delivery in another state.
     (21) As used in this section, “smoke alarm”
has the meaning given that term under ORS 479.250. [1959 c.406 §4; 1973 c.834 §36;
1977 c.633 §1; 1981 c.815 §5; 1987 c.575 §5; 1987 c.447 §107; 1989 c.481 §1;
1991 c.251 §1; 1991 c.334 §1; 1993 c.451 §1; 1993 c.497 §1; 1993 c.744 §119;
1995 c.553 §3; 1995 c.797 §1; 1997 c.611 §§1,2; 1999 c.307 §23; 1999 c.794 §3;
1999 c.1093 §17; 2001 c.709 §1; 2003 c.14 §321; 2003 c.222 §2; 2003 c.299 §3;
2003 c.344 §1; 2003 c.675 §§65,66a; 2005 c.310 §4; 2005 c.435 §3]
     479.545
License required of state employee; letter of authority. (1) Except as provided in subsection (2) of
this section, no person is exempted by ORS 479.540 from the requirements under
ORS 479.510 to 479.945 to have a license to make electrical installations
solely on the basis the person is employed by an agency of this state.
     (2) Any person issued a letter of
authority under ORS 479.545 (1985 Replacement Part) may continue to make
electrical installations under ORS 479.510 to 479.945 on property owned or
controlled by an agency of the state. [1981 c.815 §7; 1985 c.568 §1; 1987 c.414
§34a; 2003 c.14 §322]
     479.550
No work on new electrical installation until permit issued; temporary permit;
rules. (1) Except as
provided in ORS 479.540, no person shall work on any new electrical
installation for which a permit has not been issued.
     (2) The Electrical and Elevator Board
shall adopt by rule provisions to require a city or a county to issue a
temporary permit to be used for emergency or unanticipated work which will be
valid for seven days to a licensed electrical contractor prior to the start of
an electrical installation to allow contractor response prior to purchase of
the actual electrical permit.
     (3) The board shall require a city or a
county to revoke the temporary permit of the licensed electrical contractor who
fails to comply with the Electrical Safety Law. [1959 c.406 §5; 1981 c.815 §9;
subsections (2) and (3) enacted as 1991 c.368 §2; 1993 c.744 §120]
     479.560
Issuance of permit; when permit becomes void; master electrical inspection
permit; rules. (1) The
Department of Consumer and Business Services or a designated agent shall issue
a permit to:
     (a) Any applicant who has complied with
ORS 479.510 to 479.945 and the rules issued thereunder, covering an electrical
installation to be made on residential or farm property owned by the applicant
or a member of the applicantÂ’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 departmentÂ’s
designated agent in a record signed by the electrical contractor. The
department or departmentÂ’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 contractorÂ’s general supervising electrician of
record will sign the permit before an inspection of the electrical work is
requested. A contractor or the contractorÂ’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 contractorÂ’s supervising electrician is void
upon the end of the employment of such supervising electrician before
completion of the electrical installation.
     (3) Except for the installation or
alteration of an electrical service, the owner, operating manager or electrical
contractor of an industrial plant who meets the provisions of ORS 479.630 (1)
and (2), a commercial office building, a building that is owned, leased,
managed or operated by the state or a local government entity or other
facilities designated by the Electrical and Elevator Board, in lieu of the
required inspection permit, may apply to the department or municipality
providing inspection service for a master electrical inspection permit. Under
the permit the authority having jurisdiction shall cause a periodic inspection
to be made of the electrical installations. The authority may also cause a
cover inspection, which shall be made before electrical installations are
covered. The periodic inspection under the permit shall be done at least once a
year or more frequently based on the needs of the particular plant, building or
facility. The department shall adopt rules in accordance with ORS chapter 183
for:
     (a) The annual issuance of the master
electrical inspection permit;
     (b) The conduct of the inspections on the
electrical installations and electrical products;
     (c) The granting of a waiver of payment of
permit fees other than for the master electrical inspection permit; and
     (d) The fixing and collecting of
inspection fees at the cost of making the inspection according to the time
required of the inspector. [1959 c.406 §§6,7; 1961 c.693 §1; 1971 c.753 §56;
1981 c.815 §10; 1993 c.451 §2; 2003 c.14 §323; 2003 c.675 §66]
     479.565
Master individual inspection permits; fee. Notwithstanding ORS 479.560 (3), if a municipality does not elect to
provide master electrical inspection permits, the municipality shall, upon
request of the owner or operating manager or electrical contractor of the
facility otherwise entitled to master permit services under ORS 479.560 (3),
issue a master individual inspection permit and provide electrical inspection
before any installation is covered or placed into service and charge for the
inspection at the municipality’s hourly inspection rate. [1995 c.553 §2]
     Note: 479.565 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 479 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     479.570
Energizing of electrical installations; rules. (1) Except as provided in subsection (2) of
this section, a person who sells electricity may not energize an electrical
installation unless the installation is first approved by an inspector
authorized to perform inspections under ORS 479.510 to 479.945.
     (2) Subsection (1) of this section does
not apply to:
     (a) An installation for which a written
request to energize has been made by a licensed supervising electrician
qualified pursuant to ORS 479.630 (2) and to which the appropriate electrical
permit has been attached;
     (b) A temporary installation of less than
480 volts made to provide service to a construction site or irrigation pump if
the installation is properly grounded and the appropriate electrical permit is
attached thereto;
     (c) An installation within a plant or
system of a person who sells electricity. As used in this paragraph, “person
who sells electricity” does not include small power production facilities as
defined in ORS 758.500 (1981 Replacement Part); or
     (d) A minor electrical installation for
which a valid installation label has been issued.
     (3) Electrical installations energized
without inspection pursuant to subsection (2)(a) and (b) of this section must
receive final inspection as required by ORS 479.510 to 479.945.
     (4) Notwithstanding ORS 756.040, 756.060
and 757.035, the Department of Consumer and Business Services, in consultation
with the Electrical and Elevator Board, may adopt rules regulating the use of a
written request by a licensed supervising electrician as described in
subsection (2)(a) of this section as adequate authority for a person who sells
electricity to energize an electrical installation. [1959 c.406 §8; 1981 c.815 §11;
1983 c.580 §1; 1987 c.575 §6; 2003 c.14 §324; 2007 c.405 §1]
     479.610
Installation of uncertified electrical product prohibited. Except as provided under ORS 479.540, a
person may not install an electrical product in connection with the personÂ’s
business unless the product is certified under ORS 479.760. [1959 c.406 §9;
1981 c.815 §12; 1995 c.706 §2; 2003 c.14 §325; 2003 c.299 §4; 2005 c.435 §4]
     479.620
Certain electrical license required; electrical installations by unlicensed
persons prohibited. Subject
to ORS 479.540, a person may not:
     (1) Without an electrical contractor’s
license, engage in the business of making electrical installations, advertise
as or otherwise purport to be licensed to make electrical installations or
purport to be acting as a business that makes electrical installations.
     (2) Except as provided in ORS 479.630
(10)(c) and (11)(f), direct, supervise or control the making of an electrical
installation without a supervising electricianÂ’s license.
     (3) Except as provided in subsection (5)
of this section, make any electrical installation without a supervising or
journeyman electricianÂ’s license.
     (4) Perform work on an electrical
installation as an apprentice electrician without an electrical apprenticeÂ’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 electricianÂ’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. [1959 c.406 §10;
1983 c.733 §2; 1987 c.874 §3; 1995 c.715 §3; 2003 c.675 §67; 2007 c.548 §1]
     479.630
Requirements for obtaining licenses; rules. If the person pays the applicable application fee required under ORS
479.840 and complies with ORS 479.510 to 479.945 and the rules adopted under
ORS 455.117 and 479.510 to 479.945, the Department of Consumer and Business
Services shall issue:
     (1) An electrical contractor’s license to
a person engaging in or carrying on a business of making electrical
installations.
     (2) A general supervising electrician’s
license to a person who:
     (a) Passes a written examination prepared
by the Electrical and Elevator Board and administered by the department; and
     (b) Submits proof satisfactory to the
board that the person has had at least four years of experience as a general
journeyman electrician or its equivalent, as determined by the board by rule, in
installing, maintaining and repairing electrical wires and equipment.
     (3) A limited supervising electrician’s
license to a person who qualifies under this subsection. A person licensed
under this subsection is authorized to supervise the class of electrical work
included in the branch of the electrical trade and for which the person has
passed the examination administered by the department. A person qualifies under
this subsection if the person:
     (a) Passes a written examination prepared
by the board and administered by the department; and
     (b) Submits proof satisfactory to the
board that the person has had at least four years of specialized experience in
a recognized branch of the electrical trade on the journeyman level.
     (4) A general journeyman electrician’s
license to a person who:
     (a) Passes a written examination prepared
by the board and administered by the department; and
     (b) Submits proof satisfactory to the
board that:
     (A) The person has had at least four years
of general experience as an apprentice or its equivalent, as determined by the
board by rule, in installing, maintaining and repairing electrical wires and
equipment, including not fewer than 1,000 hours in wiring on single or
multifamily dwelling units; or
     (B) If the person is licensed as a limited
residential electrician under subsection (14) of this section, subsequent to
receiving that license, the person has worked for at least two years as a
limited residential electrician and subsequent to those two years has completed
an additional two yearsÂ’ experience as an apprentice or its equivalent, as
determined by the board by rule, for that period of apprenticeship time worked
exclusively in installing, maintaining and repairing electrical wires and
equipment in the commercial and industrial branches of the electrical trade
under the supervision of a licensed electrical contractor.
     (5) A limited journeyman electrician’s
license to a person who qualifies under this subsection. A person licensed
under this subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the person has passed
the examination administered by the department. A person qualifies under this
subsection if the person:
     (a) Passes a written examination prepared
by the board and administered by the department; and
     (b)(A) Except as provided in subparagraph
(B) of this paragraph, submits proof satisfactory to the board that the person
has had at least four years of specialized experience as an apprentice or its
equivalent, as determined by the board by rule, in a recognized branch of the
electrical trade; or
     (B) If applying for licensing as a limited
journeyman sign electrician or limited journeyman stage electrician, submits
proof satisfactory to the board that the person has had at least two years of
specialized experience as an apprentice or its equivalent, as determined by the
board by rule, in the sign or stage branch of the electrical trade.
     (6) A limited elevator journeyman license
to a person who qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair elevators, including
all electrical and mechanical systems. A person qualifies under this subsection
if the person has completed an elevator apprenticeship program, including both
electrical and mechanical training components, approved by the board by rule
and the person submits an application for licensure to the board in writing. A
person issued a license under this subsection is exempt from continuing
education requirements established under ORS 455.117 and 479.680.
     (7) An electrical apprentice’s license to
a person who has complied with ORS 660.002 to 660.210 as an electrical
apprentice.
     (8) An electrical apprentice’s license to
a trainee toward a limited residential electricianÂ’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 journeymanÂ’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 electricianÂ’s license or a limited journeyman electricianÂ’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 journeymanÂ’s license.
     (10) A limited maintenance electrician’s
license to a person who qualifies under this subsection. A person licensed
under this subsection is authorized to maintain, repair and replace electrical
installations, including electrical components, required on the premises of
industrial plants, and maintain, repair and replace electrical installations on
systems that are less than 600 volts phase to phase, including electrical
components, required on the premises of commercial office buildings, buildings
occupied by the state or a local government entity or facilities designated by
the board. The following apply to this subsection:
     (a) A person qualifies under this
subsection if the person:
     (A) Passes a written examination prepared
by the board and administered by the department on repair, replacement and
maintenance of equipment of the type and nature normally used in an industrial
plant, commercial office building or government building and on the use of
testing equipment; and
     (B)(i) Completes a two-year training
program approved by the board that provides for training and supervision of the
trainee or apprentice; or
     (ii) Submits proof satisfactory to the
board that the person has had sufficient experience and related educational
training in the repair, replacement and maintenance of electrical wiring and
equipment of the type and nature used in an industrial plant, commercial office
building or government building, as determined by the board or by an
appropriate local apprenticeship committee recognized by the State
Apprenticeship and Training Council.
     (b) An annual inspection of the premises
upon which electrical work is performed by persons licensed under this
subsection shall be made by the electrical inspector for an annual fee
determined by the board by rule, based upon the time required for the
inspection, payable to the department.
     (c) A person licensed under this subsection
may be employed directly by the owner, or ownerÂ’s agent, of any government
building or commercial office building. A building owner or ownerÂ’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
electricianÂ’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
ownerÂ’s agent. A building owner or ownerÂ’s agent need not be licensed under
this section to supervise a limited building maintenance electrician.
     (12) A limited maintenance specialty
contractor license to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in the electrical work
related to the repair, service, maintenance, installation or replacement of
existing, built-in or permanently connected appliances, fluorescent ballasts or
similar equipment and to employ individuals to engage in that work. This
subsection does not authorize the installation of appliances, ballasts or other
equipment if there is no existing installation of similar equipment. A person
qualifies under this subsection if the person:
     (a) Submits proof satisfactory to the
board that the person has had sufficient experience in the type of work
permitted under the license issued under this subsection; and
     (b) Maintains with the board a current
list of all individuals employed by the person to engage in work permitted
under this subsection.
     (13) A limited pump installation specialty
contractor license to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in electrical work
related to the testing, repair, service, maintenance, installation or
replacement of new or existing pump equipment for potable or irrigation water systems,
sump pumps, effluent pumps and ground water pumps on residential and
agricultural property and to employ individuals to engage in such work. A
person qualifies under this subsection if the person:
     (a) Submits proof satisfactory to the
board that the person has had sufficient experience in the type of work
permitted under the license issued under this subsection; and
     (b) Maintains with the board a current
list of all individuals employed by the person to engage in work permitted
under this subsection.
     (14) A limited residential electrician’s
license to a person who qualifies under this subsection. A person licensed
under this subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the person has passed
the examination administered by the department and approved by the board.
However, a person licensed under this subsection shall perform the electrical
work allowed by the license only on single and multifamily dwelling units not
exceeding three floors above grade. For purposes of this subsection, the first
floor of a building is the floor that is designed for human habitation and that
has 50 percent or more of its perimeter level with or above finished grade of
the exterior wall line. A person qualifies under this subsection if the person:
     (a) Has received the same number of hours
of electrical safety training as required by rule for an electrical apprentice
or its equivalent and has received training in electrical theory;
     (b) Submits documented proof to the board
of at least two years of apprenticeship or trainee experience in residential
wiring of single and multifamily dwelling units or its equivalent, as
determined by the board by rule; and
     (c) Passes a written examination prepared by
the board and administered by the department.
     (15) A limited renewable energy contractor
license to a person who:
     (a) Employs at least one full-time
renewable energy technician; and
     (b) Does not engage in electrical work
other than work that may be performed by a limited renewable energy technician.
A limited renewable energy contractor may not make, direct, supervise or
control the making of an electrical installation unless the contractor is
licensed for that activity.
     (16) A limited renewable energy technician
license to a person who qualifies under this subsection. A person qualifies for
licensing as a limited renewable energy technician if the person completes a
two-year apprenticeship program and passes an examination approved by the
board. A person licensed under this subsection may, while in the employ of a
licensed electrical contractor or a limited renewable energy contractor:
     (a) Install, maintain, replace or repair
electrical wiring and electrical products that convey or operate on renewable
electrical energy not exceeding 25 kilowatts AC; and
     (b) Make electrical installations not
exceeding 25 kilowatts AC:
     (A) On devices using renewable energy
involving wind, solar energy systems, micro-hydroelectricity, photovoltaic
systems or fuel cells.
     (B) Up to the load side of an inverter.
     (C) To connect generators that are sized
to facilitate the inverter in an off-grid system. [1959 c.406 §11; 1961 c.693 §2;
1963 c.151 §1; 1971 c.753 §19; 1981 c.815 §15; 1983 c.733 §3; 1987 c.874 §4;
1993 c.744 §121; 1995 c.715 §1; 1997 c.139 §1; 1997 c.209 §1; 1999 c.609 §1;
1999 c.1031 §2; 2001 c.104 §218; 2001 c.392 §1; 2003 c.14 §326; 2005 c.758 §29;
2007 c.71 §157; 2007 c.271 §4; 2007 c.548 §2]
     479.632
Applicant training or experience obtained in another state. Notwithstanding any other provision of ORS
479.510 to 479.945 or any rule adopted by the Electrical and Elevator Board
under ORS 455.117, the board may not administer an examination to, and the
Department of Consumer and Business Services may not issue any license to, a
person whose practical experience qualification for the license is based upon
training or experience in another state if the board determines that the
training or experience is not equivalent to the standards for electrical
training programs prescribed in this state. [2005 c.758 §31]
     479.633 [1997 c.209 §3; 1999 c.721 §1; repealed by
2005 c.758 §56]
     479.635 [1981 c.815 §17; 2001 c.728 §9; repealed by
2005 c.758 §56]
     479.640 [1959 c.406 §12; 1975 c.429 §4; 1977 c.873 §1;
1981 c.815 §18; 1985 c.646 §1; 2003 c.14 §327; repealed by 2005 c.758 §56]
     479.650 [1959 c.406 §13; 1963 c.151 §2; 1981 c.815 §19;
1985 c.646 §2; 1993 c.744 §122; 2003 c.14 §328; repealed by 2005 c.758 §56]
     479.655 [1985 c.646 §7; repealed by 1987 c.414 §172]
     479.660 [1959 c.406 §14; 1971 c.753 §20; 1977 c.322 §1;
1981 c.815 §20; 1993 c.744 §123; 2003 c.14 §329; repealed by 2005 c.758 §56]
     479.670
Maintenance of action or suit by unlicensed person prohibited. Except to appeal from an act or
determination of the Electrical and Elevator Board, no person carrying on,
conducting or transacting business regulated by ORS 479.510 to 479.945 and
479.995 is entitled to maintain a suit or action in the courts of this state
involving such business or work in connection therewith, without alleging and
proving that the person was licensed to perform such work or transact such
business. [1959 c.406 §15; 1971 c.753 §21; 1981 c.815 §21; 1993 c.744 §124]
     479.680
Adoption of rules by Electrical and Elevator Board; establishment of continuing
education program. The
Electrical and Elevator Board:
     (1) Shall establish, by rule under ORS
455.117, a program of continuing education necessary for renewal of licenses.
The board may approve programs for continuing education that meet standards for
continuing education established by the board under this subsection.
     (2) Shall adopt any rules necessary to
carry out the duties of the board under ORS 479.510 to 479.945 and 479.995.
     (3) Shall establish rules setting forth
equivalent experience necessary to qualify for a journeyman license under ORS
479.630.
     (4) Shall establish, by rule, procedures
and standards necessary to approve testing laboratories under ORS 479.730 and
479.760.
     (5) May establish exemptions by rule
according to authority granted under ORS 479.540. [1981 c.815 §24; 1993 c.744 §125;
2005 c.758 §32]
     479.710
Electrical installations must meet minimum safety standards. (1) Except as provided in ORS 479.540, no
person shall make, supervise or direct the making of an electrical installation
which does not meet minimum safety standards.
     (2) Except for a person authorized by the
jurisdiction having authority, no person shall remove, transfer, alter or
otherwise tamper with an inspection permit, label, tag or other indicia of inspection
placed on or at an electrical job site, electrical installation or electrical
product. A property owner may remove the construction inspection permit, label
or tag if, after all required inspections are completed, the installation is
found to be in compliance with the electrical code and has been approved by the
inspector having jurisdiction. [1959 c.406 §16(1); 1981 c.815 §22; 1991 c.18 §1]
     479.720 [1959 c.406 §17; repealed by 1981 c.815 §40]
     479.730
Adoption of rules by Director of Department of Consumer and Business Services. In compliance with ORS chapter 183 the
Director of the Department of Consumer and Business Services, with the approval
of the Electrical and Elevator Board, shall adopt reasonable rules:
     (1) Establishing, altering or revoking
minimum safety standards for workmanship and materials in various
classifications of electrical installations.
     (2) Establishing, altering or revoking
electrical product safety standards for design and construction of electrical
products to be installed in this state. The standards may allow the
certification of electrical products that a testing laboratory approved by the
director and the board under ORS 479.760 has tested and found to be safe within
the electrical product safety standards established under this subsection.
     (3) Relating to the procedure for
certifying and decertifying electrical products to be installed in this state.
The Department of Consumer and Business Services, with the approval of the
board, may limit the type of electrical products it accepts for certification
under ORS 479.760 (3).
     (4) Prescribing times, places and
circumstances that permits shall be exhibited for inspection.
     (5) Governing the internal organization
and procedure for administering and enforcing ORS 479.510 to 479.945 and
479.995.
     (6) Establishing, altering, approving or
revoking minimum standards for electrical training programs.
     (7)(a) Establishing which electrical
products may be field evaluated by a field evaluation firm rather than
certified;
     (b) Establishing cost-based fees,
requirements and procedures for approving, maintaining and suspending or
revoking approvals of field evaluation firms;
     (c) Establishing:
     (A) Requirements and procedures for the
field evaluation of electrical products; and
     (B) Requirements and procedures for
issuing field evaluation labels for the electrical products evaluated by field
evaluation firms and testing laboratories;
     (d) Establishing requirements and
procedures for preparation of reports regarding installation safety issued by
field evaluation firms;
     (e) Establishing when an inspecting
jurisdiction may require a report from a field evaluation firm; and
     (f) Establishing other requirements as
necessary to carry out this subsection. [1959 c.406 §19; 1963 c.151 §7; 1971
c.753 §24; 1981 c.815 §25; 1993 c.398 §1; 1993 c.744 §126; 1995 c.706 §3; 1999
c.794 §2; 2001 c.411 §23; 2003 c.299 §6; 2005 c.435 §5]
     479.740
Factors to be considered in adopting rules; incorporation of standards by
reference. (1) In adopting
rules under ORS 479.730 the Department of Consumer and Business Services shall
consider:
     (a) Technological advances in the
electrical industry.
     (b) The practicability of following the
standards under consideration, if adopted.
     (c) The probability, extent and gravity of
the injury to the public or property which would result from failure to follow
the standards under consideration.
     (d) Safety standards followed, proposed or
approved by responsible members of the electrical industry.
     (2) After considering the factors in
subsection (1) of this section, the department may incorporate by reference
proposed safety standards of the electrical industry or independent
organizations. The department may formulate and adopt independent safety
standards if standards proposed by the industry and independent organizations
are not acceptable to it. [1959 c.406 §§20,21]
     479.760
Certification of electrical products; safety indicators. (1) An electrical product may not be
certified unless the product meets electrical product safety standards
established in rule by concurrence of the Electrical and Elevator Board and the
Director of the Department of Consumer and Business Services.
     (2) Any person may apply to have the
Department of Consumer and Business Services certify an electrical product. The
department shall certify an electrical product if the product is shown to meet
electrical product safety standards by one of the following methods:
     (a) An equipment safety program approved
by the board;
     (b) Equipment minimum safety standards
established by concurrence of the board and the director;
     (c) An evaluation by an approved field
evaluation firm;
     (d) A listing from a nationally recognized
testing laboratory;
     (e) An evaluation of a first model of a
product by the board; or
     (f) Any other method approved by the
board.
     (3) To have an electrical product
certified, a person may submit a specimen, sample or prototype to the
department within a reasonable time before the date on which certification will
be required, together with a fee set by the department sufficient to defray the
cost of shipment and evaluation. The department shall evaluate the electrical
product to determine whether the product meets electrical product safety
standards. Not later than six months after receipt of a specimen, prototype or
sample the department shall complete the required evaluation and give a
decision certifying or rejecting the product. The department may appoint a
special deputy or enter into an appropriate contract with a testing laboratory
approved by the board under this section for the evaluation required under this
subsection.
     (4) The director with the approval of the
board may establish standards and procedures for the approval of testing
laboratories to test electrical products in the certification process under
this section. [1959 c.406 §§16 (2) and (3),22,23; 1981 c.815 §26; 1999 c.794 §1;
2001 c.573 §17; 2003 c.299 §5]
     479.770
Approved electric ignition pilot required on certain appliances. No person shall sell or offer for sale in
this state any new gas-fired, forced-air central space heating equipment,
clothes dryer, domestic range or new gas-fired swimming pool heaters, unless
such equipment, heater, dryer or range is equipped with an electric ignition
pilot that complies with the rules of the Department of Consumer and Business
Services adopted pursuant to ORS 479.740. [1977 c.630 §2; 1979 c.197 §1; 1981
c.815 §27]
     479.800 [1971 c.753 §23; 1977 c.748 §3; 1981 c.815 §28;
1983 c.740 §192; 1987 c.383 §1; repealed by 1993 c.744 §101]
     479.810
Administration and enforcement; Chief Electrical Inspector; inspector
qualifications; rules. (1)
The Electrical and Elevator Board shall administer and enforce ORS 479.510 to
479.945 and 479.995. The Director of the Department of Consumer and Business
Services shall appoint an adequate staff of competent persons experienced and
trained to serve as electrical inspectors. The board shall assist the director
in reviewing determinations made by the staff involving electrical
installations or products and to assist in formulating rules under ORS 479.730.
     (2) The director, in consultation with the
board, shall appoint a representative of the departmentÂ’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
     (B) Has two years’ experience as a
licensed electrician in
     (C) Passes the examination required for
certification as a supervising electrician; or
     (b) For a person with experience outside
the State of
     (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
     (6) An examination taken for purposes of
applying for certification as an electrical inspector under this section shall
not be valid for use in an application to become licensed as a supervising
electrician. [1959 c.406 §18; 1961 c.693 §3; 1969 c.314 §53; 1971 c.753 §22;
1977 c.748 §4; 1981 c.815 §30; 1987 c.383 §2; 1993 c.574 §1; 1993 c.744 §127;
1997 c.677 §3; 2001 c.411 §24]
     479.815
Inspector conflicts of interest; rules. The Director of the Department of Consumer and Business Services, with
the approval of the Electrical and Elevator Board, may adopt rules regulating
or prohibiting conflicts of interest for electrical inspectors in regard to any
work performed by an inspector or a related party under a license issued under
ORS 479.630. [2003 c.675 §64]
     479.820
Duties and powers in enforcing law. (1) The Department of Consumer and Business Services shall:
     (a) Check the authenticity, appropriateness
and expiration dates of licenses issued under ORS 479.510 to 479.945.
     (b) Inspect electrical installations and
products for which a permit or license is required by ORS 479.510 to 479.945.
     (c) Inspect permits attached to electrical
installations or products for which a permit is required by ORS 479.510 to
479.945.
     (2) If the department finds that the
electrical installation or product fails to comply with minimum safety
standards or electrical product safety standards, the department may disconnect
or order the disconnection of service thereto.
     (3) If the department finds that the
condition of an electrical installation or product constitutes an immediate
hazard to life or property, the department may cut or disconnect any wire
necessary to remove such hazard or take corrective action as provided by rules
adopted under ORS 479.730.
     (4) Upon written request of appropriate
municipal personnel, the department may make inspections of electrical
installations and products within cities and counties. Such inspections shall
be made at cost, in accordance with local municipal ordinances, payable on a
monthly basis.
     (5) For the purpose of discharging any
duty imposed by ORS 479.510 to 479.945 and 479.995 or exercising authority
conferred hereby the department may enter, during reasonable hours, any
building, enclosure, or upon any premises where electrical work is in progress,
where an electrical installation has been made or where electrical equipment or
products may be located.
     (6) A person may not obstruct or interfere
with the department in performance of any of the departmentÂ’s duties or the
exercise of any authority conferred under this section. [1959 c.406 §§24,25;
1973 c.834 §37; 1981 c.815 §3; 2003 c.14 §330; 2003 c.299 §7]
     479.830 [1959 c.406 §26; 1981 c.815 §32; 1991 c.734 §46;
1993 c.744 §128; 1999 c.846 §2; repealed by 2001 c.411 §31]
     479.835
Recovery of purchase price of product not meeting applicable laws. Any person who purchases an electrical
product may recover the purchase price from the seller if the electrical
product does not meet all applicable state and federal law and the purchaser
returns the electrical product within 90 days from the date of purchase. [1981
c.815 §14; 2001 c.411 §25; 2005 c.435 §6]
     479.840
Fees; rules; means to guarantee payment. (1) Upon receiving payment of the applicable application fee, the
Department of Consumer and Business Services may issue or renew a license or
permit applied for under ORS 479.510 to 479.945. The fee to apply for or renew
a license is:
     (a) $125 per year for an electrical
contractor license for each place of business operated by the applicant.
     (b) $125 per year for a limited energy
contractor, restricted energy contractor or limited sign contractor license.
     (c) $25 per year for a pump specialty
contractor or limited maintenance specialty contractor license.
     (d) $150 per year for an elevator
contractor license.
     (e) $100 for a three-year license for a:
     (A) General journeyman electrician;
     (B) General supervising electrician;
     (C) Limited supervising industrial
electrician;
     (D) Limited supervising manufacturing
plant electrician;
     (E) Limited maintenance industrial
electrician;
     (F) Limited maintenance manufactured
dwelling or recreational vehicle electrician; or
     (G) Limited journeyman manufacturing plant
electrician.
     (f) $50 for a three-year license for a:
     (A) Limited elevator journeyman;
     (B) Class A or Class B limited energy
technician;
     (C) Limited journeyman sign electrician;
     (D) Limited journeyman stage electrician;
or
     (E) Limited building maintenance
electrician.
     (2) The Electrical and Elevator Board
shall set uniform permit fees, by rule, not to exceed the cost of
administration.
     (3) The fees provided for in this section
do not apply to persons paying inspection fees under the terms of ORS 479.560
(3) or 479.630 (10).
     (4) Each electrical contractor may furnish
to the department a corporate surety bond to be approved by the department, an
irrevocable letter of credit issued by an insured institution as defined in ORS
706.008 or a cash bond under procedures approved by the department, in the sum
of $2,000 guaranteeing the payment of all fees provided for under ORS 479.510
to 479.945. Before commencing any electrical job an electrical contractor who
has a current bond or letter of credit under this subsection may apply to the
department for a working permit which shall cost an amount established by the
department by rule. The working permit shall authorize the electrical
contractor to commence work. The total of all fees due for permits for each
job, and the time such fees are payable, shall be determined by the department
by administrative rule under ORS 479.730. The contractor shall keep the bond or
letter of credit in force at all times. Any cancellation or revocation of the bond
or letter of credit shall revoke and suspend the license issued to the
principal until such time as a new bond or letter of credit shall be filed and
approved. The department may bring an action against the surety named in the
bond or the letter of credit issuer with or without joining in such action the
principal named in the bond or letter of credit. [1959 c.406 §27; 1967 c.418 §1;
1969 c.436 §1; 1975 c.199 §1; 1977 c.874 §3; 1981 c.815 §33; 1983 c.733 §4;
1985 c.646 §3; 1987 c.602 §3; 1989 c.591 §3; 1991 c.331 §71; 1995 c.715 §4;
1997 c.631 §482; 1999 c.1031 §3; 2001 c.728 §2; 2003 c.14 §331; 2007 c.271 §5;
2007 c.548 §3]
     479.845
Limitation on use of local government fees. Fees collected by a city or county for the enforcement or
administration of the electrical specialty code and rules adopted under ORS
479.730 (1) shall be used only for the enforcement and administration of those
laws. [1977 c.874 §5; 1981 c.815 §34; 2001 c.573 §18; 2005 c.435 §7]
     479.850
Disposition of receipts. All
receipts from civil penalties, fees, charges, costs and expenses provided for
in ORS 455.895 (1)(b), 479.510 to 479.945, 479.990 and 479.995 when collected
shall be:
     (1) Paid into the Consumer and Business
Services Fund created by ORS 705.145; and
     (2) Used only for the enforcement and
administration of ORS 479.510 to 479.945 and 479.995. [1959 c.406 §28; 1971
c.753 §57; 1973 c.528 §18; 1973 c.834 §48; 1981 c.815 §35; 1987 c.905 §33; 1993
c.744 §131; 2001 c.411 §26]
     479.853
Appeal procedure; distribution of major code interpretation decisions. If any person is aggrieved by a decision
made upon inspection under authority of ORS 455.148, 455.150 or 479.510 to
479.945 and 479.995 of an electrical product or electrical inspection, the
person may appeal the decision. The following apply to an appeal under this
section:
     (1) An appeal under this section is
subject to ORS chapter 183.
     (2) An appeal under this section must be
made first to the Chief Electrical Inspector of the Department of Consumer and
Business Services. The decision of the Chief Electrical Inspector may be
appealed to the Electrical and Elevator Board. The decision of the Electrical
and Elevator Board may be appealed to the Director of the Department of
Consumer and Business Services only if codes in addition to the electrical code
are at issue.
     (3) If the Electrical and Elevator Board
determines that a decision by the Chief Electrical Inspector is a major code
interpretation, then the inspector shall distribute the decision in writing to
all public and private electrical inspection authorities in the state. The
decision shall be distributed within 60 days after the boardÂ’s determination,
and there shall be no charge for the distribution of the decision. As used in
this subsection, a “major code interpretation” means a code interpretation
decision that affects or may affect more than one job site or more than one
inspection jurisdiction.
     (4) If an appeal is made under this
section, an inspection authority shall extend the electrical plan review
deadline by the number of days it takes for a final decision to be issued for
the appeal.
     (5) Unless the department determines that
the electrical product or electrical installation presents an immediate fire or
life safety hazard, a person may operate an electrical product or electrical
installation that is the subject of an appeal under this section until the
appeal process is complete. If the department determines that an immediate fire
or life safety hazard exists and the product or installation may not be
operated during appeal, the department shall provide the person with a written
report detailing the problems found by the department. If a determination is
made under this subsection that products described in ORS 479.540 (11) may not
be operated during appeal, that determination may be appealed immediately under
the procedure established in subsection (2) of this section without first
completing any appeal procedure established by a city or county. [1981 c.815 §38;
1993 c.573 §1; 2001 c.573 §19; 2001 c.709 §2; 2005 c.22 §366; 2005 c.435 §8]
     479.854
Authority of municipality to require license; approval of ordinance. (1) A municipality may enact and enforce an
ordinance requiring a municipal general supervising electricianÂ’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 municipalityÂ’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 electricianÂ’s license, a municipality has
engaged in a pattern or practice of discrimination against electricians from
outside the municipality. [1983 c.580 §4]
     479.855
City and county inspection and enforcement programs. (1) In addition to the provisions of ORS
455.010 to 455.310 and 455.410 to 455.740, any inspection and enforcement
program established by a city or county under ORS 455.148 or 455.150 is subject
to the provisions of this section. Where the provisions of this section
conflict with provisions under ORS 455.010 to 455.310 and 455.410 to 455.740,
the provisions of this section shall control.
     (2)(a) Except as otherwise provided in
this section, any city or county that wishes to establish a program under ORS
455.150 to enforce and administer ORS 479.510 to 479.945 and 479.995, including
a program for inspection under a master permit pursuant to ORS 479.560 (3),
must first make application to the Department of Consumer and Business
Services. The program for inspection under a master permit shall be delegated
separately from the general electrical program authorization. The department
may authorize the city or county to administer and enforce the provisions of
this section and ORS 479.540 and 479.560 if it finds that the city or county
can comply with the minimum standards and meet the qualifications for
inspections, permit applications and other matters to assure adequate
administration and enforcement of electrical inspection programs. The
department may authorize the city or county to administer and enforce ORS
479.510 to 479.945 and 479.995 if the department finds that the city or county:
     (A) Can comply with minimum standards
adopted by the Electrical and Elevator Board by rule for inspections, permit
applications and other matters to assure adequate administration and
enforcement of ORS 479.510 to 479.945 and 479.995.
     (B) Can conduct the electrical plan
review, if required by the city or county, in a timely manner and by qualified
personnel who meet the standards adopted by rule by the board.
     (b) The city or county must assume full
responsibility allowed under ORS 455.010 to 455.310 and 455.410 to 455.740 for
the enforcement, inspection and administration of the electrical safety laws
under that specialty code and ORS 479.510 to 479.945 and 479.995. This
subsection does not require a city or county to assume full responsibility for
enforcement, inspection and administration of the electrical safety laws if the
only enforcement performed by the city or county involves manufactured dwelling
electrical utility connections.
     (3) The department, subject to ORS chapter
183, shall revoke any authority of a city or county to carry on inspections,
enforcement or administration of electrical installations and electrical
products under ORS 455.148 or 455.150 if the department determines that the
city or county fails to comply with standards adopted by the board or otherwise
is not effectively carrying out duties assumed by the city or county under this
section.
     (4)(a) Except as provided in paragraph (b)
of this subsection, a city or county may not contract with competing electrical
contractors to provide permit inspection of electrical installations.
     (b) A city or county may contract with
competing electrical contractors to provide permit inspection of electrical
installations on a temporary basis by a supervising electrician if:
     (A) Emergency circumstances exist; and
     (B) The city or county has requested that
the department perform permit inspections and the department is unable to
respond in a timely manner.
     (c) Nothing in this subsection prohibits a
city or county from contracting with another city or county to perform permit
inspections of electrical installations by a supervising electrician.
     (5) A city or county that performs
electrical installation inspections shall perform license enforcement
inspections as a part of routine installation inspections. [1981 c.815 §37;
1987 c.575 §1; 1991 c.368 §3; 1991 c.373 §1; 1991 c.439 §1; 1993 c.451 §3; 2001
c.573 §20]
     479.860
Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of
law, a person who is the holder of a supervising electricianÂ’s license:
     (a) Who is employed by the holder of an
electrical contractorÂ’s license may design, plan and lay out electrical
installations for customers of the electrical contractor without obtaining any
other license, permit or certificate; or
     (b) Who is employed by an industrial plant
may design, plan and lay out electrical installations for that industrial
plant.
     (2) The Director of the Department of
Consumer and Business Services, after consultation with the Electrical and
Elevator Board and the State Board of Examiners for Engineering and Land
Surveying, may adopt rules designating classes of board licensees that may
design, plan and lay out noncomplex electrical installations. Licensees are not
subject to any requirement for an additional license, permit, certificate or
registration when engaging in the design, planning or laying out of electrical
installations as authorized by a rule adopted under this subsection. [1987
c.384 §2; 2005 c.570 §1]
     479.870
Electrical and Elevator Board to prescribe uniform fee calculation and permit
format; review; rules. (1)
The Electrical and Elevator Board shall provide by rule for a statewide uniform
method of calculating permit fees and a standardized permit application format.
     (2) Notwithstanding the provisions of
subsection (1) of this section, the board shall provide by rule for a separate
limited energy electrical activity permit and the conditions that apply to the
permit.
     (3) The board shall adopt rules setting
standards for timely review, personnel to conduct review and other plan review
requirements. [1989 c.591 §2; 1991 c.529 §9; subsection (3) enacted as 1991
c.439 §2; 2001 c.728 §3]
     479.905
Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905
to 479.945, except where the context requires otherwise:
     (1) “Class A limited energy technician”
means a person licensed to install, alter and repair all limited energy
systems.
     (2) “Class B limited energy technician”
means a person licensed to install, alter and repair all limited energy systems
that do not include protective signaling, including but not limited to:
     (a) HVAC;
     (b) Medical;
     (c) Boiler controls;
     (d) Intercom and paging systems;
     (e) Clock systems;
     (f) Data telecommunication installations;
and
     (g) Instrumentation.
     (3) “HVAC” means thermostat and associated
control wiring of heating, ventilation, air conditioning and refrigeration
systems. “HVAC” does not include boiler controls.
     (4) “Limited energy electrical activity”
means installation, alteration, maintenance, replacement or repair of
electrical wiring and electrical products that do not exceed 100 volt-amperes
in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes
for landscape low voltage lighting systems that are cord connected to a ground
fault circuit interrupter receptacle, under the electrical specialty code and
the Low-Rise Residential Dwelling Code.
     (5) “Protective signaling” includes fire
alarm, nurse call, burglar alarm, security and voice evacuation systems and
other systems that are part of a fire or life safety system. [1991 c.529 §3;
1999 c.519 §1; 2001 c.728 §4; 2003 c.675 §45]
     479.910
Limited energy technician license; compliance with other laws; fees; continuing
education. (1) Upon payment
of an application or renewal fee, the Department of Consumer and Business
Services shall issue a Class B limited energy technician license to a person
who qualifies under ORS 479.915. A person licensed under this section may
perform limited energy electrical activity except protective signaling as
defined in ORS 479.905.
     (2) A person licensed under this section
shall comply with the permit and code compliance requirements under ORS 479.510
to 479.945.
     (3) The application fee, and the renewal
fee, for a Class B limited energy technician license are the same as those for
a Class A limited energy technician license.
     (4) The Electrical and Elevator Board
shall establish continuing education requirements for persons licensed under
this section, not to exceed 24 hours of classes every three years. [1991 c.529 §2;
1999 c.1031 §10; 2001 c.728 §5; 2003 c.14 §332; 2007 c.271 §6]
     479.915
Limited energy technician license requirements. (1) An applicant for a Class B limited
energy technician license must:
     (a) Submit proof satisfactory to the
Electrical and Elevator Board that the person has:
     (A) At least two years of experience as an
apprentice in limited energy electrical activity; or
     (B) At least two years of experience
equivalent to an apprenticeship in limited energy electrical activity and
completed a board-approved 32-hour training program; and
     (b) Pass a written examination approved by
the board and administered by the Department of Consumer and Business Services.
     (2) An applicant for a Class A limited
energy technician license must:
     (a) Submit proof satisfactory to the board
that the person has completed at least three years of experience as an
apprentice, or the equivalent as determined by the board by rule, in a
recognized branch of the electrical trade; and
     (b) Pass a written examination prepared by
the board and administered by the department.
     (3) The board shall determine the adequacy
of any training program for qualification under the requirements of this
section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.
     (4) The department shall issue a Class A
limited energy technician license to a person who qualifies under subsection
(2) of this section and pays the required fees. [1991 c.529 §4; 2001 c.728 §6;
2007 c.548 §4]
     479.920 [1991 c.529 §5; repealed by 2001 c.728 §10]
     479.930 [1991 c.529 §6; 1993 c.497 §2; repealed by
2001 c.728 §10]
     479.940
Activities not subject to licensure under ORS 479.510 to 479.945;
identification cards. (1)
The licensure provisions of ORS 479.510 to 479.945 do not apply to the
following activity on Class II and III systems in one and two family dwellings
regulated under the Low-Rise Residential Dwelling Code:
     (a) Prewiring of cable television and
telephone systems owned by the owner of the residence;
     (b) Garage door openers;
     (c) Vacuum systems;
     (d) Audio and stereo systems;
     (e) HVAC;
     (f) Landscape sprinkler controls;
     (g) Landscape lighting; and
     (h) Doorbells.
     (2) The provisions of subsection (1) of
this section apply only to 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 a landscape contracting business licensed
under ORS 671.510 to 671.760 when making installations of landscape irrigation
control wiring and outdoor landscape lighting involving a Class II or Class III
system that does not exceed 30 volts and 750 volt-amperes.
     (b) A landscape contracting business
exempt from licensing under this subsection shall issue an identification card
to its landscape irrigation control wiring or outdoor landscape lighting
installer. The form for the identification card shall be provided by the State
Landscape Contractors Board. The identification card shall include the name of
the installer, the name and State Landscape Contractors Board identification
number of the landscape contracting business and the date of issue of the
identification card. The card shall be carried by the installer at the job site
when performing the allowed electric installations.
     (4) The licensure provisions of ORS
479.510 to 479.945 do not apply to limited energy electrical activity involving
the installation, maintenance or repair of lottery equipment at retail
locations by employees or vendors of the Oregon State Lottery Commission. The
exemption provided by this subsection does not authorize work by unlicensed
persons on systems of 115 volts or more.
     (5) All nonlicensure requirements of ORS
479.510 to 479.945, including permits for and compliance with the electrical
specialty code, apply to activities conducted under subsections (1) to (4) of
this section. If any person or business repeatedly violates the permit or code
compliance requirements, in addition to any other remedy, the Electrical and
Elevator Board may suspend, condition or revoke a personÂ’s or businessÂ’s right
to use this provision. [1991 c.529 §7; 1999 c.402 §4; 2001 c.728 §7; 2003 c.14 §333;
2003 c.675 §46; 2007 c.385 §1; 2007 c.541 §5a]
     Note: The amendments to 479.940 by section 46,
chapter 836, Oregon Laws 2007, become operative July 1, 2010. See section 70,
chapter 836, Oregon Laws 2007. The text that is operative on and after July 1,
2010, is set forth for the userÂ’s convenience.
     479.940. (1) The licensure provisions of ORS 479.510
to 479.945 do not apply to the following activity on Class II and III systems
in one and two family dwellings regulated under the Low-Rise Residential
Dwelling Code:
     (a) Prewiring of cable television and
telephone systems owned by the owner of the residence;
     (b) Garage door openers;
     (c) Vacuum systems;
     (d) Audio and stereo systems;
     (e) HVAC;
     (f) Landscape sprinkler controls;
     (g) Landscape lighting; and
     (h) Doorbells.
     (2) The provisions of subsection (1) of
this section apply only to residential contractors holding a current license
and proper endorsement issued by the Construction Contractors Board.
     (3)(a) The licensure provisions of ORS
479.510 to 479.945 do not apply to a landscape contracting business licensed
under ORS 671.510 to 671.760 when making installations of landscape irrigation
control wiring and outdoor landscape lighting involving a Class II or Class III
system that does not exceed 30 volts and 750 volt-amperes.
     (b) A landscape contracting business
exempt from licensing under this subsection shall issue an identification card
to its landscape irrigation control wiring or outdoor landscape lighting
installer. The form for the identification card shall be provided by the State
Landscape Contractors Board. The identification card shall include the name of
the installer, the name and State Landscape Contractors Board identification
number of the landscape contracting business and the date of issue of the
identification card. The card shall be carried by the installer at the job site
when performing the allowed electric installations.
     (4) The licensure provisions of ORS
479.510 to 479.945 do not apply to limited energy electrical activity involving
the installation, maintenance or repair of lottery equipment at retail
locations by employees or vendors of the Oregon State Lottery Commission. The
exemption provided by this subsection does not authorize work by unlicensed
persons on systems of 115 volts or more.
     (5) All nonlicensure requirements of ORS
479.510 to 479.945, including permits for and compliance with the electrical
specialty code, apply to activities conducted under subsections (1) to (4) of
this section. If any person or business repeatedly violates the permit or code
compliance requirements, in addition to any other remedy, the Electrical and
Elevator Board may suspend, condition or revoke a personÂ’s or businessÂ’s right
to use this provision.
     479.943
Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS 479.905 to
479.945 do not apply to the employees of a telecommunications utility or
competitive telecommunications provider, both as defined in ORS 759.005,
cooperative corporation organized under ORS chapter 62 or unincorporated
association providing intrastate telecommunications service in Oregon engaged
in the course of employment in providing, installing or maintaining:
     (1) Voice transmission products;
     (2) Data transmission products; or
     (3) Intercom and paging systems. [1997
c.544 §2; 2003 c.344 §2]
     479.945
Restricted energy contractorÂ’s license; rules; scope; employees. (1) A restricted energy contractorÂ’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 personÂ’s employees may install,
alter, maintain, replace or repair electrical wiring and electrical products
that are within the scope of the contractorÂ’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 licenseeÂ’s employees
may engage in and in no instance may the scope of the license exceed that of a
Class B limited energy technician.
     (4) A person applying for licensing under
this section shall pay the applicable application fee required under ORS
479.840 and provide proof satisfactory to the board that the person has
experience of the type of work covered by the license indorsement.
     (5) A restricted energy contractor
licensee under this section shall:
     (a) Maintain with the board a current list
of all individuals employed by the licensee to engage in work permitted by this
section;
     (b) Issue an identification card to each
employee working under the provisions of this section and identify the
contractor, date of issue, contractorÂ’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 contractorÂ’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 contractorÂ’s license is done by different employees. [1991
c.529 §8; 1995 c.715 §5; 2001 c.728 §8; 2003 c.14 §334; 2005 c.758 §33; 2007
c.271 §7]
RAIL FIXED
GUIDEWAY SYSTEMS
     479.950
Minimum safety standards; rules; criteria. (1) Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the
Director of the Department of Consumer and Business Services shall adopt rules
establishing, amending or repealing minimum safety standards for workmanship
and materials for, and the design and construction of electrical products used
in, traction electrification and electrical communications and electrical
signaling installations for rail fixed guideway systems operated by a mass
transit district established under ORS 267.010 to 267.390. The rules adopted by
the director under this subsection shall be the exclusive rules adopted for
this state that establish minimum safety standards for workmanship and
materials for, and the design and construction of electrical products used in,
traction electrification and electrical communications and electrical signaling
installations for rail fixed guideway systems operated by a mass transit
district.
     (2) Before adopting rules under subsection
(1) of this section, the Director of the Department of Consumer and Business
Services shall consider:
     (a) Technological advances in the rail
fixed guideway industry.
     (b) The practicability of following the
standards under consideration, if adopted.
     (c) The probability, extent and gravity of
the injury to the public or to property that will result from failure to follow
the standards under consideration.
     (d) Safety standards followed, proposed or
approved by responsible members of the rail fixed guideway industry.
     (3) Notwithstanding ORS 479.510 to
479.945, 479.995 and 824.045, the Department of Consumer and Business Services
is designated as the state agency to administer and enforce the standards
established by the Director of the Department of Consumer and Business Services
under this section. The department shall adopt rules establishing procedures
for the administration and enforcement of such standards. [1997 c.275 §42]
     Note: 479.950 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 479 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PENALTIES
     479.990
Penalties. (1) 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 dayÂ’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 dayÂ’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]
     479.995
Civil penalty for violation of ORS 479.510 to 479.945. The Electrical and Elevator Board may impose
a civil penalty for a violation of ORS 479.510 to 479.945 or rules adopted for
the administration or enforcement of ORS 479.510 to 479.945 and this section.
The board shall impose a civil penalty authorized by this section as provided
in ORS 455.895. [2001 c.411 §8; 2003 c.14 §335]
_______________
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