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Building Codes Division 1535 Edgewater Street NW P.O. Box 14470 Salem, OR 97309-0404 503-378-4133 Fax: 503-378-2322 oregon.gov/bcd Kate Brown, Governor Electrical and Elevator Board Meeting agenda Thursday, November 16, 2017, 9:30 a.m. Conference Room A Board meetings are broadcast live via the Internet at http://www.oregon.gov/bcd Click on “View live meetings” I. Board business A. Call to order B. Roll call C. Approval of agenda and order of business D. Approval of the draft board meeting minutes of September 28, 2017 E. Date of the next regularly scheduled meeting: January 25, 2018 II. Public comment This time is available for individuals wanting to address the board on non-agenda items only. The board will not take action on non-agenda items raised under public comment at this meeting. Testimony on agenda items will be heard when the item is called. (See "Issues to remember when addressing board" at the end of this agenda). III. Reports A. Consideration of final order in the Matter of Guillermo Gonzales B. Summary of enforcement actions previously taken by the division outlined on the enforcement board report (No board action required) C. Suspension and conditioned licenses previously taken by the division outlined on the enforcement board report (No board action required) D. Elevator program update E. Electrical program update IV. Communications - None V. Appeals - None VI. Unfinished business - None VII. New business A. Review and consideration of proposed amendments to electrical minor installation label rules B. Review and consideration of proposed amendments to electrical licensing exemptions C. Arthur Peterson requests the board to consider issues regarding the reinstatement of a signing supervisor’s license after issuing a Consent Order

I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

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Page 1: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Building Codes Division 1535 Edgewater Street NW

P.O. Box 14470 Salem, OR 97309-0404

503-378-4133 Fax: 503-378-2322

oregon.gov/bcd

Kate Brown, Governor

Electrical and Elevator Board

Meeting agenda

Thursday, November 16, 2017, 9:30 a.m.

Conference Room A

Board meetings are broadcast live via the Internet at

http://www.oregon.gov/bcd

Click on “View live meetings”

I. Board business

A. Call to order

B. Roll call

C. Approval of agenda and order of business

D. Approval of the draft board meeting minutes of September 28, 2017

E. Date of the next regularly scheduled meeting: January 25, 2018

II. Public comment This time is available for individuals wanting to address the board on non-agenda items only. The board will not

take action on non-agenda items raised under public comment at this meeting. Testimony on agenda items will be

heard when the item is called. (See "Issues to remember when addressing board" at the end of this agenda).

III. Reports A. Consideration of final order in the Matter of Guillermo Gonzales

B. Summary of enforcement actions previously taken by the division outlined on the

enforcement board report (No board action required)

C. Suspension and conditioned licenses previously taken by the division outlined on the

enforcement board report (No board action required)

D. Elevator program update

E. Electrical program update

IV. Communications - None

V. Appeals - None

VI. Unfinished business - None

VII. New business

A. Review and consideration of proposed amendments to electrical minor installation label

rules

B. Review and consideration of proposed amendments to electrical licensing exemptions

C. Arthur Peterson requests the board to consider issues regarding the reinstatement of a

signing supervisor’s license after issuing a Consent Order

Page 2: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

D. Review and approve committee recommendations for new continuing education course and

instructor applications

VIII. Announcements - None

IX. Adjournment

Issues to remember when addressing the board:

All public participation is subject to the discretion of the board chair for order of testimony, length and

relevance.

Speakers are generally limited to five minutes.

Please register on the attendance registration form and on the public testimony registration form, listing

the appropriate agenda item.

The board chair will call you to the front testimony table.

Please state your name and the organization you represent (if any).

Always address your comments through the chair.

If written material is included, please provide 20 three-hole-punched copies of all information to the

boards administrator prior to the start of the meeting and, when possible, staff respectfully requests an

electronic copy of materials 24 hours prior to the meeting.

Interpreter services or auxiliary aids for persons with disabilities are available upon advance request. Persons making presentations including the

use of video, DVD, PowerPoint, or overhead projection equipment are asked to contact boards coordinator 24 hours prior to the meeting. For

assistance, please contact Debi Barnes-Woods at 503-378-6787.

Please do not park vehicles with "E" plates in "customer only" spaces.

Note: For information regarding re-appointments or board vacancies, please visit the Governor’s website.

Page 3: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Page 1 of 5

Electrical and Elevator Board Meeting minutes

September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair

Tom Kyle, electrical contractor

Timothy Frew, journeyman electrician

Scott Hall, electrical equipment supplier

Warren Jackson, building official

Joseph Pugh, public member

Robert Pyne, journeyman elevator installer

James Totten, owner or manager of a commercial office building

Members absent: Thomas Faires, elevator manufacturing representative Vern Palmrose, power and light industry Randy Smith, electrical inspector Steven Trapp, electrical contractor Vacant, commercial underwriter Vacant, electrical equipment manufacturing rep Vacant, industrial plant employing electricians Staff present: Keith Anderson, electrical program chief, Policy and Technical

Services Andrea Simmons, enforcement manager, Enforcement Services

Alana Cox, senior policy advisor, Policy and Technical Services Warren Hartung, elevator program chief, Statewide Services

Roseanne Nelson, assistant manager, Statewide Services Anthony Estrada, contested case representative, Enforcement Services Shannon Flowers, contested case representative, Enforcement Services Sarah Blam, contested case representative, Enforcement Services Todd Smith, policy analyst, Policy and Technical Services Brett Salmon, senior policy analyst, Administration Services

Richard Baumann, policy analyst, Policy and Technical Services Debi Barnes-Woods, boards administrator, Policy and Technical Services Shane Sumption, interim manager, Policy and Technical Services

Guests present: Nathan Philips, NECA Randy Carmony, Local 23 Michael Weaver, former chair of the Electrical and Elevator Board Cindy Page, IEC Oregon James Imlah, Imlah Elect I. Board business

A. Call to order Vice-chair Heather Miller called the Electrical and Elevator Board meeting of September 28, 2017, to order at 9:33 a.m. The meeting was held at the Building Codes Division in Conference Room A, 1535 Edgewater Street NW, Salem, Oregon.

DRAFT State of Oregon

Agenda

Item

I.D.

Page 4: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Page 2 of 5

B. Roll call Thomas Faires, Vernon Palmrose, Randy Smith and Steven Trapp were all excused. Scott Hall, Joseph Pugh, Robert Pyne, and James Totten were all connected by teleconference. The Electrical and Elevator Board has the following four vacancies: Commercial underwriter, electrical equipment mfr. representative, and industrial plant representative.

C. Approval of the agenda and order of business

Acting Chair Miller RULED the agenda and order of business approved.

D. Approval of the board meeting draft minutes of July 27, 2017

Acting Chair Miller RULED the board meeting draft minutes of July 27, 2017,

final.

E. Date of the next regularly scheduled meeting: November 16, 2017.

F. Update/Welcome new board members

Thomas Kyle was welcomed to the board in the electrical contractor position

replacing Michael Weaver.

Warren Jackson was welcomed to the board in the building official position

The board and the division said farewell to Michael Weaver who has been

representing the electrical contractors of Oregon. Michael has served on the

board since October 1, 2009.

G. Other board business

Andrea Simmons, manager, Enforcement Services, explained the election process

for a new chair.

Manager Simmons opened nominations for the chair position. Timothy Frew

nominated Heather Miller for chair of the Electrical and Elevator Board. Ms.

Miller accepted the nomination. No other nominations were made. Nominations

were closed.

Roll call vote taken for Heather Miller to become chair of the Electrical and

Elevator Board.

Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller

Nay: None

Heather Miller has been unanimously voted in as chair of the Electrical and

Elevator Board.

Manager Simmons opened nominations for the vice chair position. Tom Kyle

nominated Timothy Frew as vice-chair of the Electrical and Elevator Board. Mr.

Frew accepted the nomination. Because there were no other members nominated

for the vice-chair the nominations were closed.

Roll call vote was taken for Timothy Frew to become vice-chair of the Electrical

and Elevator Board.

Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller

Nay: None

Page 5: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Page 3 of 5

Timothy Frew has been unanimously voted in as vice-chair of the Electrical

and Elevator Board.

II. Public comment - None

III. Reports A. Summary of enforcement actions previously taken by the division outlined

on the enforcement board report. (No board action required)

Anthony Estrada, contested case representative, Enforcement Services, introduced

Sarah Blam, newest member to Enforcement Services as a contested case

representative. Mr. Estrada was available for questions on the summary report.

B. Revocation, suspensions and conditioned licenses previously taken by the

division outlined on the enforcement board report. (No board action required)

Mr. Estrada was available for questions.

C. Elevator program update

Warren Hartung, elevator program chief, Statewide Services, reported on July and

August accident and overdue reports. He noted that the section is down by two

elevator inspectors.

F. Electrical program update

Keith Anderson, electrical program chief, reported on a few items of interest:

The 2017 Oregon Electrical Specialty Code will become effective October

1, 2017

Required code change classes for inspectors will begin in November of

2017

IV. Communications - None V. Appeals – None

VI. Unfinished business - None

VII. New business

A. Board to review membership on the Construction Industry Energy Board

Todd Smith, policy analyst, Policy and Technical Services, discussed the

membership of the Construction Industry Energy Board (CIEB). He said current

members are Timothy Frew and Steven Trapp, who has a long term excused

absence. Mr. Frew said he would like to remain on the board representing the

Electrical and Elevator Board (EE Board). All members were in favor of Timothy

Frew remaining on the CIEB representing the EE Board.

Chair Miller opened nominations to replace Steven Trapp on the CIEB.

Vice-chair Timothy Frew nominated Tom Kyle to be a member of the CIEB

replacing Steven Trapp. Mr. Kyle accepted the nomination. No other nominations

were made. Nominations were closed.

Page 6: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Page 4 of 5

Motion by Warren Jackson to approve the nomination to appoint Tom Kyle as

member of the CIEB.

Roll call vote taken:

Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller

Nay: None

Motion carried unanimously

B. Review and approve committee recommendations for new continuing

education course and instructor applications Rich Baumann, policy analyst, Policy and Technical Services, for informational

purposes only Mr. Baumann noted that the committee has received 656

applications for the 2017 code cycle. Out of the 656, 481 applications were

approved, 72 applications were denied, and 103 applications were sent back to the

applicants needing additional information.

Chair Miller wanted to thank the committee members for all their hard work of

reviewing applications and volunteering their time.

Motion by vice-chair Frew to approve the committee recommendations.

Motion carried unanimously

C. Review committee recommendation regarding Class B Limited Energy

Technician 32-hour training programs

Motion by Tom Kyle to extend the course submission time through January of

2018, and allow the curriculum previously approved to continue to be taught and

others to apply.

Motion carried unanimously.

Motion was rescinded by Tom Kyle then restated.

Motion by Tom Kyle to allow previously approved providers to continue to offer

LEB training with the understanding that if they want to continue to offering LEB

training in the future, they must resubmit requested information by January 1,

2018, and to allow any other interested individuals to submit a training program.

The board will review any training programs submitted at the January 25, 2018,

board meeting.

After further discussion, Mr. Kyle amended his motion that the current

providers offering LEB training must submit curriculum by November 15,

2017, and that they are approved to offer LEB training until January 25, 2018.

Motion carried unanimously

Motion by vice-chair Tim Frew to approve the committee recommendation for

Joan P. Albert’s 32-hour training program.

Motion carried unanimously.

IX. Announcements

Manager Simmons introduced the new interim manager for Policy and Technical

Services Shane Sumption.

Page 7: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Page 5 of 5

Mike Weaver, former chair, briefly discussed the importance of members being

present at meetings instead of connected by teleconference. He said that as past

chair of the Electrical and Elevator Board, it was difficult to chair the meeting and

keep track of members connected by teleconference. Mr. Weaver said that some

conversations have been lost because of miscommunication or not hearing

discussions at all. He reminded all members that board meetings are scheduled

one-year in advance and said that teleconference is in place as an emergency

choice and said that being present at meetings makes that meeting more effective.

X. Adjournment Chair Miller adjourned the meeting at 11:05 a.m.

Respectfully submitted by Debi Barnes-Woods, boards administrator/coordinator.

Page 8: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Shannon Flowers, contested case representative, Enforcement Services Subject: Final Order for Case No. C2016-0378, In the Matter of Guillermo Gonzales Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On May 8, 2017, the Building Codes Division (Division), acting on behalf of the Electrical and Elevator (Board), issued a Notice of Proposed Assessment of Civil Penalty (Notice) to Guillermo Gonzales (Respondent). The Notice proposed to assess a total civil penalty of $2,000.00 and alleged that Respondent had performed electrical installations without a journeyman or supervising electrician’s license in violation of ORS 479.620(3). On or about May 30, 2017, Respondent requested a hearing.

A hearing was held on October 12, 2017, before Administrative Law Judge Samantha Fair (ALJ Fair). The Division appeared and was represented by Shannon Flowers. Testifying on behalf of the Division were Mike Weaver, a Division license enforcement person; Christopher Titus, a Division investigator; and William Keith Anderson, the State of Oregon’s Electrical Program Chief. On October 13, 2017, ALJ Fair issued a Proposed Order finding that Respondent violated ORS 479.620(3) and must pay a civil penalty of $2,000 for this violation.

Agenda Item III.A.

Page 9: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 1 of 6

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF OREGON

for the BUILDING CODES DIVISION

ELECTRICAL AND ELEVATOR BOARD

IN THE MATTER OF: GUILLERMO GONZALES

) ) ) ) ) )

PROPOSED ORDER OAH Case No. 2017-ABC-00818 Agency Case No. C2016-0378

HISTORY OF THE CASE

On May 8, 2017, the Building Codes Division (Division) Electrical and Elevator Board (Board) issued a Notice of Proposed Assessment of a Civil Penalty and Final Order on Default (Notice) to Guillermo Gonzales, proposing to assess a civil penalty of $2,000 against him. On May 30, 2017, Mr. Gonzales requested a hearing. On August 7, 2017, the Division referred the matter to the Office of Administrative Hearings (OAH). The OAH assigned Administrative Law Judge (ALJ) Joe Allen to preside at hearing. On August 30, 2017, the Division requested a change in the assigned ALJ. On September 6, 2017, the OAH granted the request and reassigned the matter to ALJ Samantha Fair. On October 12, 2017, ALF Fair convened a telephone hearing. Ines Venturini and Patricia Anda, certified Spanish language interpreters, provided interpretive services for the hearing. Mr. Gonzales appeared and testified. The Division appeared and was represented by Shannon Flowers. Testifying on behalf of the Division were Mike Weaver, a Division license enforcement person; Christopher Titus, a Division investigator; and William Keith Anderson, the State of Oregon’s Electrical Program Chief. The record closed on October 12, 2017, at the conclusion of the hearing.

ISSUES

1. Whether Mr. Gonzales performed electrical installations without a supervising or journeyman electrician’s license. ORS 479.620(3). 2. Whether the Board should assess a civil penalty against Mr. Gonzales. ORS 455.895(1) and OAR 918-001-0036.

EVIDENTIARY RULINGS

Exhibits A1 through A6, offered by the Division, were admitted into the record without

Page 10: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 2 of 6

objection.

FINDINGS OF FACT

1. The Board has never issued Mr. Gonzales any type of electrician’s license. (Test. of Weaver and Anderson.) 2. Mr. Gonzales regularly performs minor maintenance work at a 17-unit apartment complex located in Marin, Oregon, which is owned by Pattola Hanatontha. (Ex. A1 at 3-4; test. of Gonzales.) 3. Approximately September 8, 2016, at the direction of Mr. Hanatontha, Mr. Gonzales installed new electrical wiring for the apartment complex’s main power supply through the weather mast to the main electrical panel. He used aluminum 250 wire for the project at the recommendation of an employee of the local hardware store. (Exs. A1 at 2-3; A4 at 9-10; A5 at 1; test. of Gonzales.) He welded a piece of metal in the main electrical panel to bypass a fuse. (Exs. A1 at 2-3; A4 at 7-8; A5 at 1.) 4. The grade of wire for a structure’s main power supply should be 3.0 wire. When an electrical inspector and a fire marshal reviewed the work on September 8, 2016, they determined the work to be unsafe. The local utility company disconnected the power to the apartment complex. The following day, the local utility company reconnected the power to the apartment complex after repairs were made by a licensed electrician. (Ex. A1 at 2-4.) 5. The Division implemented a civil penalty matrix (Penalty Matrix) for electrical violations. The Penalty Matrix provides for civil penalties based upon the type of violation and “upon the number of violations committed within five years of the date of the present violation.” (Ex. A6 at 1.) For individuals without any prior violations, the Penalty Matrix provides for a civil penalty of $2,000 for individuals performing unlicensed activities. (Id.) The Penalty Matrix further provides:

The entire penalty is imposed in all cases. * * *. A stay of some portion of a penalty is within the sole discretion of the board or the division acting on the board’s behalf for purposes of settling cases prior to hearing.

(Id.) Mr. Gonzales has no prior violations with the Division. (Test. of Anderson.)

CONCLUSIONS OF LAW 1. Mr. Gonzales performed electrical installations without a supervising or journeyman electrician’s license. 2. The Board should assess a civil penalty against Mr. Gonzales.

Page 11: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 3 of 6

OPINION The Board proposes to assess Mr. Gonzales a civil penalty based upon an allegation of his performance of an electrical installation without the appropriate license. As the proponent of the allegation, the Board has the burden to establish, by a preponderance of the evidence, that the allegation is correct and it is entitled to assess the civil penalty. ORS 183.450(2) (“The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position”); Harris v. SAIF, 292 Or 683, 690 (1982) (general rule regarding allocation of burden of proof is that the burden is on the proponent of the fact or position). Proof by a preponderance of the evidence means that the fact finder is persuaded that the facts asserted are more likely than not true. Riley Hill General Contractor v. Tandy Corp., 303 Or 390, 402 (1987). Electrical Installations ORS 479.530 defines certain electrical terms. It provides, in part:

(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[.]

Pursuant to ORS 479.530, the installation of electrical wiring in any structure is an electrical installation. A main electrical panel to which a structure’s main power supply is delivered is an electrical product. By installing electrical wiring, regardless of whether he used the correct wire or not, to the apartment complex and performing a repair on the main electrical panel, Mr. Gonzales performed an electrical installation. ORS 479.620 provides, in part:

Subject to ORS 479.540, a person may not: (3) Except as provided in subsection (5) of this section, make any electrical installation without a supervising or journeyman electrician’s license[.]

Page 12: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 4 of 6

Mr. Gonzales holds no active licenses issued by the Boad. Therefore, even though the apartment complex’s owner authorized him to perform the electrical installation, Mr. Gonzales violated ORS 479.620(3) by performing an electrical installation without a supervising or journeyman electrician’s license.1 Assessment of Civil Penalties ORS 455.895(1)(b) provides, in part:

The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

ORS 479.995 provides:

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.

OAR 918-001-0036(6) provides:

The division may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

For the above-established violation, the Board sought to assess a civil penalty against Mr. Gonzales in the amount of $2,000. Pursuant to OAR 918-001-0036(6), the Division developed the Penalty Matrix, which provides that first-time violators must be assessed a $2,000 civil penalty for performing unlicensed activities. The Board is entitled to assess a $2,000 civil penalty against Mr. Guillermo for his violation of ORS 479.620(3). / / / / / / / / / / 1 ORS 479.620(5) allows the performance of certain electrical installation with a limited residential electrician’s license, which Mr. Gonzales also does not have.

Page 13: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 5 of 6

ORDER

I propose the Building Codes Division Electrical and Elevator Board issue the following order: The Building Codes Division Electrical and Elevator Board established that Guillermo Gonzales violated ORS 479.620(3). Guillermo Gonzales must pay the Electrical and Elevator Board a civil penalty of $2,000 for this violation.

Samantha A. Fair Administrative Law Judge

Office of Administrative Hearings

APPEAL PROCEDURE

This is the Administrative Law Judge’s Proposed Order. You have the right to file written exceptions and argument to be considered per OAR 137-003-0650. Your exceptions and argument must be received within 20 calendar days after the service date of this Proposed Order. Send them to:

Building Codes Division Manager

PO Box 14470 Salem, OR 97309-0404

Page 14: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 6 of 6

CERTIFICATE OF MAILING

On October 13, 2017 I mailed the foregoing PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00818. By: First Class Mail Guillermo Gonzales PO Box 344 Malin OR 97632 By: Electronic Mail Shannon Flowers, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Alesia K Vella

Hearing Coordinator

Page 15: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Electrical and Elevator Board Enforcement Report for November 16, 2017

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

C2017-0293

Anthony

Balden, Michael Failure to pay civil penalties on case

C2017-0044.

Oregon May 2017 $1,500

*original civil

penalty was

$2,000

$1,500 Default Order

Complaint submitted by BCD

fiscal

C2017-0219

Dan

Jenkins, Charles Installation of 3 electrical fans in

bathroom and kitchen and installation

of electric stove.

No journeyman electrician license

Gleneden Beach October 2016 $2,000 $750 Consent Order

Complaint submitted by BCD

field investigator

C2017-0339

Shannon

Kodiak Electric of Washington

Inc.

Failure to pay civil penalties on case

C2016-0483.

Oregon June 2017 $2,500

*original civil

penalty was

$4,000

$2,500 Default Order

Complaint submitted by BCD

fiscal

C2017-0163

Chris

Wathen, Mike Advertising on craigslist.org.

Installation of electrical wiring and

replacement of electrical switches.

No journeyman electrician license

No electrical contractor license

No electrical permit

Portland February 2017 $12,000* $2,000 Consent Order

Complaint submitted by BCD

employee

C2017-0272

Dave

Delta Electric Service, LLC Installation of electrical wiring and

light switches at residential properties.

No electrical contractor license

Allowing unlicensed individual

Oregon July 2014

through

May 2017

$17,000 $6,000 Consent Order

Complaint submitted by BCD

employee

Summary Report - Cases Previously Resolved by Division

*Total civil penalty assessed for more than one program

Page 1 of 2

Woodsdj
Text Box
Agenda Item III.B.
Page 16: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Electrical and Elevator Board Enforcement Report for November 16, 2017

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

Summary Report - Cases Previously Resolved by Division

C2017-0364

Dave

Swanson, Curtis Installation of electrical wiring and

light switches at residential properties.

Allowing unlicensed individual

Oregon June 2017 $2,000 $750 Consent Order

Complaint submitted by BCD

employee

C2017-0176

Russ

McDougal, Cindy Installation of electrical outlets,

electrical boxes, electrical switches,

light fixtures and electrical wiring.

Allowing an unlicensed individual to

perform electrical work

Lebanon March 2017 $2,000 $2,000 Default Order

Complaint submitted by

industry

C2017-0331

Sarah

Ramirez, Edgar Installation of new LED light fixtures

and connecting fixtures to electrical

wiring.

No journeyman electrician license

Medford July 2017 $2,000 $2,000 Default Order

Complaint submitted by license

enforcement person

C2017-0309

Shannon

Garcia-Govea, Uriel Richard Installation of electrical wiring.

No journeyman electrician license

Roseburg July 2017 $2,000 $2,000 Default Order

Complaint submitted by license

enforcement person

*Total civil penalty assessed for more than one program

Page 2 of 2

Page 17: I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott

Electrical and Elevator Board Enforcement Report for November 16, 2017

Case # NameSuspension/Revocation/Conditioned

InformationOther Comments

C2017-0339

Shannon

Kodiak Electric of Washington Inc. Respondent's electrical contractor license has

been suspended.

Default Order

C2017-0272

Andrea

Delta Electric Service, LLC Respondent's electrical contractors license has

been conditioned for 1 year. Respondent shall

provide the Division with quarterly reports of

all employees and their job titles along with

information on all job sites where electrical

installations are made, including permit number,

location, date and which licensed electrician

made the installation.

Consent Order

License Suspensions, Revocations and Conditioned

Page 1 of 1

Woodsdj
Text Box
Agenda Item III.C.
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State of Oregon Board memo Building Codes Division November 16, 2017 To: Electrical and Elevator Board From: Alana Cox, senior policy advisor, Policy and Technical Services Subject: Electrical Minor Label Rulemaking Action requested: Electrical and Elevator Board review and consideration of proposed amendments to electrical minor installation label rules. Background: Minor installation labels can be used in lieu of a full permit for certain installations. Minor labels are less expensive than full permits, and generally one in ten minor labels receives an inspection. The scope for electrical minor labels has not been reviewed in over 10 years and there was a desire to explore whether the scope could be updated to include additional installations. The division worked with several key industry stakeholder representatives to develop these proposed revisions to the electrical minor label rules. Discussion: The enclosed draft rules generally expand the scope of what installations a minor label may be used on. They also clarify some areas that have caused confusion among customers and update incorrect references. Options: Approve the proposed amendments to OAR 918-309-0210 and 918-309-0220 and

forward to the Administrator for rulemaking and subsequent adoption. Amend and approve the proposed amendments to OAR 918-309-0210 and 918-309-0220

and forward to the Administrator for rulemaking and subsequent adoption. Disapprove the proposed amendments, keeping the electrical minor labels rules

unchanged.

Agenda Item

VII.A.

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1

Electrical Minor Installation Labels DRAFT 11/16/17

918-309-0210 Use of Minor Installation Labels

(1) Persons who may be issued and use minor labels. Minor installation labels may only be issued to and used for installations under the minor label programs permitted by OAR 918-100-0000 through 918-100-0060 by:

(a) An electrical contractor employing a properly licensed general supervising electrician only as authorized by OAR 918-309-0220;

(b) A limited maintenance specialty contractor or a limited maintenance specialty contractor-HVAC/R only as authorized by OAR 918-309-0220;

(c) A restricted energy contractor only as authorized by OAR 918-309-0220; (d) A limited renewable energy contractor only as authorized by OAR 918-309-0220; (e) A limited pump installation specialty contractor only as authorized by OAR 918-309-

0220; (f) A limited energy contractor only as authorized by OAR 918-309-0220; and (g) A registered telecommunications service provider only as authorized by OAR 918-309-

0220. (2) Except as allowed under OAR 918-309-0220(3)(a) and (b), minor installation labels

shall not be used for: (a) Underground electrical installations; (b) Electrical installations that require a cover inspection; (c) Installations involving GFCI or AFCI devices other than 15 or 20 amp, 125-volt

receptacles and circuit breakers; (d) Any electrical installations that are covered by Chapter 5 or is located in an area

classified as hazardous, as described in Article 500, or is subject to the requirements of Article 680 (Swimming Pools, Fountains, or Similar Installations) of the National Electrical Code, as adopted in OAR 918-305-0100, or Chapter 41 of the One- and Two-Family Dwelling Specialty Code, as adopted in OAR 918-480-0005;

(e)(d) Protective signaling Installations where plan review is required; and (f)(e) New construction. (3) If a minor installation label is used for the installation of a fan connected to existing

duct work an additional mechanical permit is not required when: (a) The fan is replacing a previously connected fan; (b) The replacement fan is 200 cfm or less; (c) The person performing the fan replacement connects the replacement fan to the

existing duct work; and (d) No changes are made to the existing duct system.

[Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 479.540, ORS 455.154, & ORS 455.155 Stats. Implemented: ORS 479.540, ORS 455.154, & ORS 455.155

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2

Hist.: BCA 10-1988, f. & cert. ef. 7-20-88; BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; Renumbered from 918-310-0030; BCD 4-1999, f. & cert. ef. 4-1-99; BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02; BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04; BCD 22-2004, f. & cert. ef. 10-1-04 918-309-0220 Scope of Electrical Work Allowed with Minor Installation Label

Except as provided in OAR 918-309-0200100-0000, which allows a person to insist on using use a permit rather than a minor installation label, or where the transaction involves a component of an appliance exempted under OAR 918-261-0020, or the transaction is otherwise exempt from permitting requirements under statute or administrative rule, minor installation labels shall be used by:

(1) A contractor with a signing supervisor, where the installation does not exceed 240300 volts to ground for:

(a) Extension of not more than two existing branch electrical circuits limited to 30 amps each and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;

(b) Installation or extension of one not more than three new electrical circuits limited to 3060 amps and not more than 240 volts, and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;

(b) Installation or extension of not more than one new electrical circuit, limited to 30 amps and not more than 300 volts to ground, and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;

(c) Repair or replacement of damaged components of within existing electrical equipment including services not to exceed 200 amps, provided a reconnect is not required by the serving utility. For reconnects, see OAR 918-309-0040(109) for services; and

(d) The single installation of the appliances, or repair or replacement activities authorized by sections (2) and (3) of this rule; and

(e) Replacement of multiple switches, circuit breakers, receptacles, light fixtures and light fixture components, smoke detectors, or GFCI or AFCI circuit breakers and receptacles of 15-20 amp, 125-volt in a dwelling unit.

(2) A limited maintenance specialty contractor or a limited maintenance specialty contractor-HVAC/R where the installation does not exceed 120-/240 volts single phase for repair or replacement of:

(a) A furnace, oil or gas, not to exceed 20 amps; (b) A fan not to exceed 20 amps; (c) A dishwasher or garbage disposal, not to exceed 20 amps; (d) A water heater, which involves an electrical circuit, not to exceed 30 amps; (e) An electrical furnace, air conditioning unit, or refrigeration unit; (f) A defective ballast, or up to five ballasts Notwithstanding the voltage limitation in

section (2) of this rule, up to 300 volts to ground for replacement or retrofit of ballasts or other components in up to 10 light fixtures under one minor installation label. (For more than five ballasts 10 light fixtures, inspections shall be performed as a branch circuit permit or hourly rate authorized under OAR 918-309-0070(8)); or

(g) An item in this section and any related transaction under section (3) of this rule if the contractor employs a licensed general supervising electrician or Class "A" or "B" limited energy

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3

technician, the work is within the person's scope of license, and that person does the work allowed.

(3) A restricted energy contractor, limited energy contractor, registered telecommunications service provider, or an electrical contractor using an appropriately licensed person if required to make the installation, may use a minor installation label for:

(a) Installation, repair, and replacement in new or existing construction of one- and two-family dwellings, of HVAC, telephone, garage door, vacuum systems, door bells, burglar, fire alarm and security systems, and audio/stereo systems not exceeding 100 volt-amperes, in Class 2 or 3 installations; or

(b) Installation Alteration, repair, and or replacement of up to 50 devices under one label, or a new installation of up to 10 devices, for the following installations not exceeding 100 volt-amperes in Class 2 or 3 installations in other existing buildings, provided:

(A) The equipment is not located in an area classified as hazardous, as described in Chapter 5 of the National Electrical Code, as adopted in OAR 918-305-0100;

(B) The system does not penetrate any fire protection system(s) or air-handling space(s) fire-rated assembly, as defined in the currently adopted Oregon Electrical Structural Specialty Code; and

(C)(B) The installation is limited to the following: (i) Thermostats; (ii) Data communication devices; (iii) Intercom, music, and paging devices; (iv) Door or gate control, monitor, or access devices; (v) Cable television and closed circuit television devices; (vi) Burglar, security, and fire alarm devices, including "Power Limited Fire Alarm Circuits"

as defined in Article 760 of the National Electrical Code, as adopted in OAR 918-305-0100; or (vii) Notwithstanding the 5 devices in subsection (3)(b) of this rule, Central vacuum cleaner

control devices, one minor installation label per system. (4) This rule does not allow any person to make an installation that is not authorized by the

scope of the person's license. (5) A limited renewable energy contractor or an electrical contractor using a licensed

journeyman or limited renewable energy technician may use a minor installation label for repair and maintenance of renewable electrical energy systems as set forth in ORS 479.630(1716)(a).

(6) A limited pump installation specialty contractor may use a minor installation label for repair, replacement and maintenance of installed pump or irrigation systems of the same horsepower and voltage, as set forth in ORS 479.630(13). [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 479.540 Stats. Implemented: ORS 479.540 Hist.: BCA 10-1988, f. & cert. ef. 7-20-88; BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; Renumbered from 918-310-0040; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 4-2001, f. 3-30-01, cert. ef. 4-1-01; BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02; BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02; BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02; BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02; BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04

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State of Oregon Board memo Building Codes Division November 16, 2017 To: Electrical and Elevator Board From: Todd Smith, policy analyst, Policy and Technical Services Subject: RV Licensing Exemption Action requested: Electrical and Elevator Board review and consideration of proposed amendments to electrical licensing exemptions. Background: Oregon law requires all electrical installations to be performed by a licensed individual. The legislature passed SB 983 (enclosed for reference) during the 2017 legislative session. This bill established the authority of the board to create an individual and contractor license exemption for persons making “electrical installations, repairs or replacements in a recreational vehicle.” The division has developed a draft rule that achieves the concepts discussed during the legislative process. A document titled “Exhibit A” containing pictures of various structures with notes identifying the anticipated applicability of the proposed rules has been enclosed for reference. Discussion: The enclosed draft rule creates an electrical licensing exemption for individual and contractor licenses issued by the division for persons performing electrical installations on recreational vehicles and certain temporary use structures. A related rule is scheduled for review by the State Plumbing Board at its December 14, 2017, meeting which creates an individual and contractor licensing exemption for plumbing work. If the boards approve the draft rules the division intends on filing a temporary rule effective January 1, 2018, and to follow up with a permanent rule effective at the next quarterly adoption date, April 1, 2018. Options: Approve the proposed rule, OAR 918-261-0033, and forward to the Administrator for

rulemaking and subsequent adoption. Amend and approve the proposed rule, OAR 918-261-0033, and forward to the

Administrator for rulemaking and subsequent adoption. Disapprove the proposed rule.

Agenda Item

VII.B.

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79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session

Enrolled

Senate Bill 983Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION

CHAPTER .................................................

AN ACT

Relating to manufactured structures; creating new provisions; amending ORS 446.423, 447.060,

455.117, 455.129, 455.230, 479.540, 479.840, 693.020 and 705.145; and repealing ORS 446.210.

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

ELIMINATION OF ELECTRICIAN LICENSE CATEGORY

SECTION 1. ORS 446.210 is repealed.

SECTION 2. ORS 446.423 is amended to read:

446.423. Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer

and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, [446.210,] 446.225

to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously

appropriated to the Department of Consumer and Business Services for carrying out any of the du-

ties, functions and powers of the department under ORS 446.003 to 446.200, [446.210,] 446.225 to

446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and rules adopted thereunder.

SECTION 3. ORS 455.117 is amended to read:

455.117. (1) Except as provided in subsection (3) of this section, a regulatory body listed in

subsection (2) of this section may adopt rules to administer the licensing, certification or registra-

tion of persons regulated by the body. The rules adopted under this section may include, but need

not be limited to:

(a) The form and content of an application for issuance or renewal of a license, certificate or

registration;

(b) Training and continuing education requirements to maintain a license, certificate or regis-

tration;

(c) The form and content of and the process for preparing and administering examinations and

examination reviews;

(d) The term of a license, certificate or registration; and

(e) The creation of a system for combining two or more licenses, certificates or registrations

issued to an individual by an advisory board or the Department of Consumer and Business Services

into a single license, certificate, registration or other authorization.

(2) Subsection (1) of this section applies to the following:

(a) Subject to ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420, with the ap-

proval of the Residential and Manufactured Structures Board, the Department of Consumer and

Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003

to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

Enrolled Senate Bill 983 (SB 983-INTRO) Page 1

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(b) Subject to ORS 447.010 to 447.156 and ORS chapter 693, the State Plumbing Board for pur-

poses of licenses issued under ORS 447.010 to 447.156 and ORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, after consultation with the Electrical and Elevator Board,

the department for purposes of licenses issued under ORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, the Electrical and Elevator Board for purposes of licenses

issued under ORS [446.210 or] 479.510 to 479.945.

(e) Subject to ORS 480.510 to 480.670, the Board of Boiler Rules for purposes of licenses issued

under ORS 480.510 to 480.670.

(3) This section does not authorize the adoption of rules regulating:

(a) Building officials, inspectors, plan reviewers or municipalities;

(b) Persons engaged in the manufacture, conversion or repair of prefabricated structures, pre-

fabricated components or recreational vehicles; or

(c) Master builders certified under ORS 455.800 to 455.820.

SECTION 4. ORS 455.129 is amended to read:

455.129. (1) As used in this section, “relative” means an individual related within the third de-

gree as determined by the common law, a spouse, an individual related to a spouse within the third

degree as determined by the common law or an individual in an adoptive relationship within the

third degree as determined by the common law.

(2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may

deny a license, certificate, registration or application or may suspend, revoke, condition or refuse

to renew a license, certificate or registration if the regulatory body finds that the licensee, certif-

icate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules

adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department

of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the li-

cense, certificate or registration was issued or the date of an order denying the application, was

incomplete in any material respect or contained a statement that, in light of the circumstances un-

der which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has em-

ployed individuals to perform work without appropriate licensing, certification or registration.

(e) Has advertised or otherwise held out as being a licensed, certified or registered specialty

code contractor without holding the appropriate specialty code contractor license, certificate or

registration.

(f) As a partner, officer, member or employee of a business, has advertised or held out that the

business is a licensed, certified or registered specialty code contractor if the business does not

possess the appropriate specialty code contractor license, certificate or registration.

(g) Has engaged in business as a specialty code contractor without holding a valid specialty

code contractor license, certificate or registration required for the business.

(h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate

or registration.

(i) Has acted in a manner creating a serious danger to the public health or safety.

(j) Has performed work or operated equipment within the scope of a specialty code license,

certificate or registration in a manner that violates an applicable minimum safety standard or a

statute or rule regarding safety.

(k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary

action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the

board.

(L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary

action by another state in regard to construction standards, permit requirements or construction-

Enrolled Senate Bill 983 (SB 983-INTRO) Page 2

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related licensing violations or has failed to pay a civil penalty imposed by the other state in regard

to construction standards, permit requirements or construction-related licensing violations.

(m) Has, while performing work that requires or that is related to work that requires a valid

license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510

to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, violated any

statute or rule related to the state building code.

(n) Has performed a code inspection or plan review on a project to construct, alter, repair or

make an installation in a structure if the inspector or reviewer, or an employer or relative of the

inspector or reviewer, has a financial interest in or business affiliation with the project or structure.

(o) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil

penalty assessed under ORS 455.895 or has been the subject of action against the license, certificate

or registration by the Department of Consumer and Business Services, the director or an appropri-

ate advisory board.

(p) Is a business, owner or officer of a reorganized business entity as defined in ORS 657.682,

if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the

reorganized business entity is a member-managed limited liability company, has been subject to a

revocation or suspension order or to a condition or civil penalty under ORS 446.003 to 446.200,

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter

or ORS chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit

requirements or construction-related licensing violations.

(q) Is ordered to pay damages under a judgment or arbitration award that relates to con-

struction and that has become final by operation of law or on appeal.

(r) Is a business, the owner or an officer of which was an owner or officer in another business

at the time:

(A) The other business was assessed a civil penalty under ORS 455.895 that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action

being taken against the license, certificate or registration of the other business by the department,

the director or any advisory board.

(3) Subsection (2) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or

ORS chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS [446.210 or]

479.510 to 479.945.

(c) The Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670.

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses

issued under ORS 460.005 to 460.175.

(f) The department, subject to Residential and Manufactured Structures Board approval, for

purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to

446.285 and 446.395 to 446.420.

(4) The department may administer and enforce subsection (2) of this section in the same manner

and to the same extent as any advisory board.

SECTION 5. ORS 455.230 is amended to read:

455.230. (1) Except as otherwise provided by law, all moneys appropriated or credited to the

Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156,

447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS

chapter 693 hereby are appropriated continuously for and shall be used by the director for the

purpose of carrying out the duties and responsibilities imposed upon the department under this

chapter, ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175,

460.310 to 460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter 693.

(2) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer

and Business Services Fund and received under ORS 446.003 to 446.200, [446.210,] 446.225 to 446.285,

Enrolled Senate Bill 983 (SB 983-INTRO) Page 3

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446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) hereby are appropriated

continuously for and shall be used by the director for the purpose of carrying out the duties and

responsibilities imposed upon the department under ORS 446.003 to 446.200, [446.210,] 446.225 to

446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and education and training

programs pertaining thereto.

SECTION 6. ORS 479.840 is amended to read:

479.840. (1) Upon receiving payment of the applicable application fee, the Department of Con-

sumer 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 li-

cense.

(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; or

[(F) Limited maintenance manufactured dwelling or recreational vehicle electrician; or]

[(G)] (F) 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 ap-

proved 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 estab-

lished 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 pay-

able, shall be determined by the department by administrative rule under ORS 479.730. The con-

tractor shall keep the bond or letter of credit in force at all times. Any cancellation or revocation

of the bond or letter of credit shall revoke and suspend the license issued to the principal until such

time as a new bond or letter of credit shall be filed and approved. The department may bring an

action against the surety named in the bond or the letter of credit issuer with or without joining

in such action the principal named in the bond or letter of credit.

SECTION 7. ORS 705.145 is amended to read:

705.145. (1) There is created in the State Treasury a fund to be known as the Consumer and

Business Services Fund, separate and distinct from the General Fund. All moneys collected or re-

ceived by the Department of Consumer and Business Services, except moneys required to be paid

Enrolled Senate Bill 983 (SB 983-INTRO) Page 4

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into the Workers’ Benefit Fund, shall be paid into the State Treasury and credited to the Consumer

and Business Services Fund. Moneys in the fund may be invested in the same manner as other state

moneys and any interest earned shall be credited to the fund.

(2) The department shall keep a record of all moneys deposited in the Consumer and Business

Services Fund that shall indicate, by separate account, the source from which the moneys are de-

rived, the interest earned and the activity or program against which any withdrawal is charged.

(3) If moneys credited to any one account are withdrawn, transferred or otherwise used for

purposes other than the program or activity for which the account is established, interest shall ac-

crue on the amount withdrawn from the date of withdrawal and until such funds are restored.

(4) Moneys in the fund are continuously appropriated to the department for its administrative

expenses and for its expenses in carrying out its functions and duties under any provision of law.

(5) Except as provided in ORS 705.165, it is the intention of the Legislative Assembly that the

performance of the various duties and functions of the department in connection with each of its

programs shall be financed by the fees, assessments and charges established and collected in con-

nection with those programs.

(6) There is created by transfer from the Consumer and Business Services Fund a revolving

administrative account in the amount of $100,000. The revolving account shall be disbursed by

checks or orders issued by the director or the Workers’ Compensation Board and drawn upon the

State Treasury, to carry on the duties and functions of the department and the board. All checks

or orders paid from the revolving account shall be reimbursed by a warrant drawn in favor of the

department charged against the Consumer and Business Services Fund and recorded in the appro-

priate subsidiary record.

(7) For the purposes of ORS chapter 656, the revolving account created pursuant to subsection

(6) of this section may also be used to:

(a) Pay compensation benefits; and

(b) Refund to employers amounts paid to the Consumer and Business Services Fund in excess

of the amounts required by ORS chapter 656.

(8) Notwithstanding subsections (2), (3) and (5) of this section and except as provided in ORS

455.220 (1), the moneys derived pursuant to ORS 446.003 to 446.200, [446.210,] 446.225 to 446.285,

446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) and deposited to the fund,

interest earned on those moneys and withdrawals of moneys for activities or programs under ORS

446.003 to 446.200, [446.210,] 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to

446.756, or education and training programs pertaining thereto, must be assigned to a single account

within the fund.

(9) Notwithstanding subsections (2), (3) and (5) of this section, the moneys derived pursuant to

ORS 455.240 or 460.370 or from state building code or specialty code program fees for which the

amount is established by department rule pursuant to ORS 455.020 (2) and deposited to the fund,

interest earned on those moneys and withdrawals of moneys for activities or programs described

under ORS 455.240 or 446.566 to 446.646, 446.661 to 446.756 and 460.310 to 460.370, structural or

mechanical specialty code programs or activities for which a fee is collected under ORS 455.020 (2),

or programs described under subsection (10) of this section that provide training and education for

persons employed in producing, selling, installing, delivering or inspecting manufactured structures

or manufactured dwelling parks or recreation parks, must be assigned to a single account within the

fund.

(10) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A and 279B, the department

may, after consultation with the appropriate specialty code advisory boards established under ORS

455.132, 455.135, 455.138, 480.535 and 693.115, contract for public or private parties to develop or

provide training and education programs relating to the state building code and associated licensing

or certification programs.

EXEMPTION FOR RECREATIONAL VEHICLE ELECTRICAL WORK

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SECTION 8. ORS 479.540 is amended to read:

479.540. (1) Except as otherwise provided in this subsection, a person is not required to obtain

a license to make an electrical installation on residential or farm property that is owned by the

person or a member of the person’s immediate family if the property is not intended for sale, ex-

change, 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 in-

stallations on that property. As used in this paragraph, “new electrical installations or substantial

alterations” does not include the replacement of an existing garbage disposal, dishwasher or electric

hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord’s

agent or the employee of the landlord or landlord’s agent.

(2) An electrical contractor license is not required in connection with an electrical installation:

(a) Of meters and similar devices for measuring electricity by a person principally engaged in

the business of generating or selling electricity in connection with the construction or maintenance

of electrical lines, wires or equipment.

(b) Of ignition or lighting systems for motor vehicles.

(c) To be made by a person on the person’s property in connection with the person’s business.

(d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecom-

munications 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 li-

cense to transform, transmit or distribute electricity from its source to the service head of the

premises to be supplied thereby.

(4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures,

light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing

purposes that is owned, leased, managed or operated by a housing authority and the person doing

the repair or replacement is a member of the housing authority’s regular maintenance staff.

(b) A license is not required for:

(A) Temporary demonstrations;

(B) A street lighting system located on a public street or in a right of way if the system is

similar to a system provided by a public utility and the installation or maintenance, or both, is

performed by a qualified employee of a licensed electrical contractor principally engaged in the

business of installing and maintaining such systems; or

(C) An outdoor transmission or distribution system, whether overhead or underground, if the

system is similar to a system provided by a public utility and the installation or maintenance, or

both, is performed by a qualified employee of a licensed electrical contractor principally engaged in

the business of installing and maintaining such systems.

(c) For the purposes of this subsection, “qualified employee” means an employee who has reg-

istered with or graduated from a State of Oregon or federally approved apprenticeship course de-

signed for the work being performed. The supervising electrician signature required under ORS

479.560 (1)(b) does not apply to contractors working under this subsection.

(5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

(a) To electrical products owned by, supplied to or to be supplied to a public utility as defined

in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as

defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;

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(b) To electrical installations made by or for a public utility, consumer-owned utility, telecom-

munications 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 instal-

lations 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 fa-

cilities 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 appro-

priate 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 expe-

rience and who are knowledgeable in the operation, maintenance, repair and installation of indus-

trial electrical equipment.

(B) “Installation or assembly” means the reassembly at a job site of equipment that is wired and

assembled at the factory and then disassembled for shipping purposes or of existing equipment that

is relocated. “Installation or assembly” does not include work involving field fabricated assemblies

or any other electrical product that is not an original part of the industrial electrical equipment.

“Installation or assembly” does not include the connection of industrial electrical equipment to a

power source.

(9) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to:

(a) Electrical installations and repairs involving communication and signal systems of railroad

companies.

(b) Electrical installations and repairs involving remote and permanent broadcast systems of

radio and television stations licensed by the Federal Communications Commission if the systems are

not part of the building’s permanent wiring.

(c) The installing, maintaining, repairing or replacement of telecommunications systems on the

provider side of the demarcation point by a telecommunications service provider.

(d) The maintaining, repairing or replacement of telecommunications equipment on the customer

side of the demarcation point by a telecommunications service provider.

(e) Installations, by a telecommunications service provider or an appropriately licensed elec-

trical contractor, of telecommunications systems on the customer side of the demarcation point ex-

cept:

(A) Installations involving more than 10 telecommunications outlets; and

Enrolled Senate Bill 983 (SB 983-INTRO) Page 7

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(B) Installations of any size that penetrate fire-resistive construction or air handling systems or

that pass through hazardous locations.

(f) Notwithstanding paragraph (e) of this subsection, installation of telecommunications systems

on the customer side of the demarcation point in:

(A) One and two family dwellings; and

(B) Multifamily dwellings having not more than four dwelling units if the installation is by a

telecommunications service provider.

(g) Notwithstanding paragraph (e) of this subsection, installation or replacement of cord or plug

connected telecommunications equipment on the customer side of the demarcation point.

(h) Notwithstanding paragraph (e) of this subsection, installation of patch cord and jumper

cross-connected equipment on the customer side of the demarcation point.

(10)(a) The board may grant partial or complete exemptions by rule for any electrical product

from any of the provisions of ORS 455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board

determines that the electrical product does not present a danger to the health and safety of the

people of this state.

(b) If the board grants an exemption pursuant to subsection (1) of this section, the board may

determine that the product may be installed by a person not licensed under ORS 479.510 to 479.945.

(11) ORS 479.760 does not apply to products described in this subsection that comply with the

electrical product safety standards established by concurrence of the board and the Director of the

Department of Consumer and Business Services as described under ORS 479.730. This subsection

does not exempt any products used in locations determined to be hazardous in the electrical code

of this state. The following apply to this subsection:

(a) Except as provided in paragraph (b) of this subsection, the exemption under this subsection

applies to:

(A) The rotating equipment portion of power generation equipment.

(B) Testing equipment used in a laboratory or hospital.

(C) Commercial electrical air conditioning equipment.

(D) Prefabricated work performed by an electrical contractor with licensed electrical personnel

in the contractor’s place of business for assembly on the job site if the work is composed of parts

that meet the electrical product safety standards established by concurrence of the board and the

director.

(b) Notwithstanding paragraph (a) of this subsection, the board may require any of the products

described in paragraph (a) of this subsection to be subject to the certification requirements under

ORS 479.760 if the board determines that the product or class of products has presented a fire or

life safety hazard in use. A determination under this paragraph shall be effective as to any such

product or class of products installed after the date of the determination becomes final. The board

may reinstate any exemption removed under this paragraph if the board determines that the reasons

for the removal of the exemption have been corrected.

(12)(a) ORS 479.610 does not apply to installations of industrial electrical equipment unless the

board determines that the product or class of products may present a fire or life safety hazard.

(b) The board may reinstate an exemption removed under this subsection if the product qualifies

for reinstatement under:

(A) An equipment safety program approved by the board;

(B) Equipment minimum safety standards established by concurrence of the board and the di-

rector;

(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.

Enrolled Senate Bill 983 (SB 983-INTRO) Page 8

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(14) A person who holds a limited maintenance specialty contractor license or a limited pump

installation specialty contractor license issued under ORS 479.510 to 479.945 or a person who is the

employee of such license holder and who is listed with the board as an employee is not required to

have a journeyman license or supervising electrician’s license to perform work authorized under the

person’s license.

(15) A person is not required to obtain a permit for work on, alterations to or replacement of

parts of electrical installations as necessary for maintenance of existing electrical installations on

residential property owned by the person or by a member of the person’s immediate family. This

subsection does not establish an exemption for new electrical installations or substantial alterations

to existing electrical installations.

(16) A permit is not required for those minor electrical installations for which the board has

authorized an installation label.

(17) A residential home, as defined in ORS 443.580, and an adult foster home, as defined in ORS

443.705, is not a multifamily dwelling and only electrical installation standards and safety require-

ments 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 instal-

lation.

(20) A person is not required to obtain a license to make an electrical installation in a prefab-

ricated structure, as defined in ORS 455.010, that is designed for residential use and intended for

delivery in another state.

(21) A person is not required to obtain a license to make electrical installations, repairs

or replacements in a recreational vehicle as defined by the board by rule.

[(21)] (22) As used in this section, “smoke alarm” has the meaning given that term under ORS

479.250.

EXEMPTION FOR RECREATIONAL VEHICLE PLUMBING WORK

SECTION 9. ORS 447.060 is amended to read:

447.060. (1) ORS 447.010 to 447.156 do not apply to a person:

(a) Engaging in plumbing work when not so engaged for hire.

(b) Using the services of regular employees in performing plumbing work for the benefit of

property owned, leased or operated by the person. For purposes of this paragraph, “regular em-

ployee” means a person who is subject to the provisions of ORS 316.162 to 316.221 and who has

completed a withholding exemptions certificate required by ORS 316.162 to 316.221.

(c) Using the services of an employee or contractor of a utility company, energy service provider

or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing

fixtures. The devices installed under this paragraph are exempt from the certification, permit and

inspection requirements of ORS 447.010 to 447.156 and ORS chapter 693.

(d) Engaging in plumbing work on a recreational vehicle as defined by the State Plumbing

Board by rule.

(2) A landscape contracting business licensed under ORS 671.560 is not required to be licensed

under ORS 447.010 to 447.156 to install, repair or maintain backflow assemblies for irrigation sys-

tems and ornamental water features if the work is performed by an individual who is licensed as

required by ORS 671.615 and is an owner or employee of the landscape contracting business. The

repair and maintenance of the backflow assembly must be performed by a tester certified under ORS

448.279. The licensing exemption established under this subsection does not exempt the landscape

contracting business from the inspection and permit requirements of ORS 447.010 to 447.156.

Enrolled Senate Bill 983 (SB 983-INTRO) Page 9

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(3) This section applies to any person, including but not limited to, individuals, corporations,

associations, firms, partnerships, joint stock companies, public and municipal corporations, political

subdivisions, this state, the federal government and state or federal agencies.

SECTION 10. ORS 693.020 is amended to read:

693.020. (1) Except as provided in subsection (2) of this section, this chapter does not apply to:

(a) A person working on a building or premises owned by the person, regardless of whether the

person holds a license under this chapter, if the person complies with all the rules adopted under

this chapter and ORS 447.010 to 447.156 and ORS chapter 455.

(b) A person testing, repairing, servicing, maintaining, installing or replacing new or existing

potable water pump equipment not exceeding seven and one-half horsepower on residential property

and piping between the pumps and storage tanks for the pumps, regardless of whether the person

holds any license under this chapter.

(c) A person installing exterior storm drains that are not connected to a sanitary sewer or

combination sanitary storm sewer.

(d) An employee or contractor of a utility, energy service provider or water supplier who is in-

stalling an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The de-

vices installed under this paragraph are exempt from the certification, permit and inspection

requirements of this chapter and ORS 447.010 to 447.156.

(e) A person who owns, leases or operates residential property and who repairs, or uses regular

employees to repair, existing plumbing on property owned, leased or operated by the person, re-

gardless of whether the person or employee holds a license under this chapter. As used in this

paragraph:

(A) “Repair” means the act of replacing or putting together plumbing parts that restore the

existing plumbing system to a safe and sanitary operating condition.

(B) “Regular employee” means a person who is subject to the provisions of ORS 316.162 to

316.221 and who has completed a withholding exemptions certificate required by the provisions of

ORS 316.162 to 316.221.

(f) A person installing plumbing in a prefabricated structure, as defined in ORS 455.010, that is

designed for residential use and intended for delivery in another state.

(g) A person making plumbing installations, repairs or replacements in a recreational

vehicle as defined by the State Plumbing Board by rule.

(2) Subsection (1)(a) to (d) of this section does not allow a person other than a journeyman

plumber or apprentice plumber to install, remodel or alter plumbing in a commercial or industrial

building being constructed or offered for sale, exchange, rent or lease. As used in this subsection,

“install, remodel or alter” means activities that involve installations or changes to the plumbing

inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

(3) This section applies to any person, including but not limited to individuals, corporations,

associations, firms, partnerships, joint stock companies, public and municipal corporations, political

subdivisions, this state and any agencies thereof and the federal government and any agencies

thereof.

(4) Except as provided in subsection (1)(d) of this section, nothing in this section exempts a

person from the plumbing inspection requirements of ORS 447.010 to 447.156.

CAPTIONS

SECTION 11. The unit captions used in this 2017 Act are provided only for the conven-

ience of the reader and do not become part of the statutory law of this state or express any

legislative intent in the enactment of this 2017 Act.

Enrolled Senate Bill 983 (SB 983-INTRO) Page 10

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Passed by Senate April 19, 2017

..................................................................................

Lori L. Brocker, Secretary of Senate

..................................................................................

Peter Courtney, President of Senate

Passed by House June 6, 2017

..................................................................................

Tina Kotek, Speaker of House

Received by Governor:

........................M.,........................................................., 2017

Approved:

........................M.,........................................................., 2017

..................................................................................

Kate Brown, Governor

Filed in Office of Secretary of State:

........................M.,........................................................., 2017

..................................................................................

Dennis Richardson, Secretary of State

Enrolled Senate Bill 983 (SB 983-INTRO) Page 11

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Recreational Vehicle License Exemption (SB 983) DRAFT 11/16/17

OAR 918-261-0033 Exemption For Recreational Vehicles

A person is not required to obtain an electrical license to make electrical installations, alterations, or repairs for the following:

(1) Recreational vehicles as defined in ORS 446.003 and that are vehicular-type units that contain 12-volt interior and exterior lighting, eating and sleeping facilities, are designed as temporary living quarters for recreational, seasonal, or emergency use, and have their own motive power or are mounted on or towed by another vehicle and meet all of the following:

(a) Are regulated and registered by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment;

(b) Do not require a special highway use permit for operation on a highway; (c) Are designed to be easily transported and set up on a daily basis by an individual; (d) Are represented in 2015 NFPA 1192 Figure A.3.3.50; (e) Have exterior wall and roof coverings of aluminum, fiberglass, fiberglass composite

or rubber membrane; and (f) Do not have pitched roofs or bay windows. (2) Effective until July 1, 2019, structures that: (a) Are manufactured in a division registered manufactured dwelling manufacturing

facility; and (b) Are not a structure regulated under the Oregon Residential Specialty Code, Oregon

Structural Specialty Code, or the federal Manufactured Home Construction and Safety Standard (24 CFR 3280). Stat. Auth: 479.540 Stats. Implemented: 479.540 Hist.: New

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Page 1 of 2

Exhibit A In accordance with ORS 479.540, electrical licensing laws are applicable to electrical installations within all structures regardless of whether they are manufactured off site in a manufacturing facility, or constructed on site. Some examples of different structures and current electrical law applicability are provided below to aid in the evaluation of the proposed rule amendments.

These structures are Recreational Vehicles and are currently covered under electrical licensing laws. Installations in these structures would be exempt from electrical licensing under OAR 918-261-0033(1) as proposed.

This structure is often reffered to as a “Park Model RV” and is currently and appropriately covered under licensing laws. The proposed rule provides a partial exemption from the law, but generally considers this product to require a licensed electrician.

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Page 2 of 2

This structure is a modular or prefabricated structure built to the ORSC. Electrical installations in these structures are currently covered under electrical licensing laws. The proposed rules do not change current requirements for these structures.

This structure is a manufactured home built under HUD standards (24 CFR 3280). The applicability of electrical licensing laws to manufactured dwellings is unknown at this time.

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Page 1 of 2

State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Sarah Blam, contested case representative, Enforcement Services Subject: Final Order for Case No. C2016-0046, In the Matter of Arthur Peterson Action requested: Arthur Peterson asks the board to consider issues regarding the reinstatement of a Signing Supervisor’s License after issuing a Consent Order. Background: On September 30, 2016, the Building Codes Division (Division), acting on behalf of the Electrical and Elevator Board of the State of Oregon (Board), finalized a Consent Order (Order) with Arthur Peterson (Respondent). The Order proposed to assess a total of $3,000.001 in civil penalties and suspended Respondent’s signing supervisor license for a period of one year2 alleging that Respondent had violated the following Division statutes and rules:

1. Failing to be continuously employed as a general supervising electrician from in or about 2014 through 2016, and failing to be available during work hours to carry out the duties of a supervising electrician in violation of Oregon Administrative Rules (OAR) 918-282-0140 (2)(c); and

2. By assenting or failing to prevent an unlicensed employee from performing work under the electrical permit bearing his signature respondent violated OAR 918-282-0140(2)(f).

The Respondent paid his application renewal fee on August 12, 2016, and was eligible under the Consent Order to renew his signing supervisor’s license following his year’s suspension up until October 1, 2017.

1 $750.00 was due and payable with the additional $2,250.00 stayed if there were no further violations within a five (5) year period. 2 During the one year suspension, Respondent was allowed a journeyman electrician license in exchange as part of the terms in the Order.

Agenda Item

VII.C.

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Page 2 of 2

Respondent was ineligible to renew his Signing supervisor’s license because he did not complete the required continuing education timely. He failed to complete the four (4) hour required Rule and Law course.

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Page 1 of 2

State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: Continuing Education Applications Action requested: Electrical and Elevator Board consideration of the Continuing Education Committee’s recommendations regarding continuing education courses and instructors. Background: The Electrical and Elevator Board establishes continuing education requirements for all electrical licensees in order to ensure licensees possess up-to-date knowledge of the code and administrative requirements. They set standards for approval of courses and instructors in order to have a sufficient number and variety of continuing education courses available to licensees. The board’s continuing education committee has been meeting to evaluate courses and instructors on the board’s behalf. The committee met on October 3, 2017, to review continuing education course and instructor applications. Craig Perkins, Cindy Regier, and Rod Belisle attended this meeting. The committee reviewed 106 applications from 25 organizations: 66 courses were recommended for approval. 8 courses were recommended for denial. 20 instructors were recommended for approval. No instructors were recommended for denial. 12 applications are pending waiting for additional information from the provider.

See attached summary for more information. In addition to the Oregon Rule and Law criteria, the committee is using the following when reviewing applications: NFPA 70E courses are eligible for a maximum of eight hours code-related credits. OSHA 10 courses are eligible for a maximum of four hours code-related credits. OSHA 30 courses are eligible for a maximum of sixteen hours code-related credits. First Aid/CPR courses are eligible for a maximum of four hours code-related credits (two

hours for each course).

Agenda Item

VII.D.

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Page 2 of 2

For correspondence courses – Provider must submit complete course. For online courses – Provider must submit a log-on or screen shots of course content.

Options: Approve the committee’s recommendations for approval or denial of courses or

instructors. Amend and approve the committee’s recommendation for approval or denial of courses

or instructors. Disapprove the committee’s recommendation for approval or denial of courses or

instructors.

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1

Electrical and Elevator Board Committee on Continuing Education Course and Instructor Review

11/16/17

Courses

Applicant Course Name Committee

Recommendation Board Action

1 American Electrical Institute PELLCO CEU

NFPA 70E Review (4 hours CR) Approve – 2017 code cycle. Provider has an approved instructor.

2 American Electrical Institute PELLCO CEU

2017 Oregon Rule and Laws (4 hours ORL) Approve – 2017 code cycle

3 American Electrical Institute PELLCO CEU

OHM’s Law Refresher (4 hours CR) Deny – course is entry level instruction.

4 American Electrical Institute PELLCO CEU

Article 690/691 Photovoltaic systems (4 hours CR) Approve – 2017 code cycle

5 American Electrical Institute PELLCO CEU

Article 517 Health Care Facilities (4 hours CR) Approve – 2017 code cycle

6 AnytimeCE.com 2017 NEC – 430 Motors (4 hours CR) Approve – 2017 code cycle

7 AnytimeCE.com 2017 NEC Update Part 1 (4 hours CC) Approve – 2017 code cycle

8 AnytimeCE.com 2017 NEC Update Part 2 (4 hours CC) Approve – 2017 code cycle

9 AnytimeCE.com 2017 NEC Update Part 3 (4 hours CC) Approve – 2017 code cycle

10 AnytimeCE.com 2017 Oregon Electrical Rule and Law (4 hours ORL) Approve – 2017 code cycle

11 AnytimeCE.com Basic Electricity (4 hours CR) Deny – entry level instruction

12 AnytimeCE.com Electrical Safety (4 hours CR) Deny – entry level instruction

13 AnytimeCE.com HVAC Electrical – Wiring Dia/OHMS Law/Sequence (4 hours CR)

Deny – entry level instruction

14 AnytimeCE.com Understanding Electrical Diagrams (8 hours CR) Deny – entry level instruction

15 Automatic Fire Alarm Association

“Back to Basics” Understanding NFPA 72: National Fire Alarm and Signaling Code – (8 hours CR)

Approve – 2017 code cycle. Course hours changed to 8 from 7.

16 Automatic Fire Alarm Fire Alarm Testing and Inspection Seminar (4 hours CR) Approve – 2017 code cycle. Course reduced to 4 hours

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Association from 7 hours. Insufficient content for 7 hours.

17 Bluevolt Article 300 – General Requirements for Wiring Methods (4 hours CR)

Approve – 2017 code cycle

18 Chester Garrett 2017 Oregon Rule and Law (4 hours ORL) Approve – 2017 code cycle. Provider has an approved instructor.

19 Chester Garrett 2017 NEC changes (8 hours CR) Approve – 2017 code cycle

20 Chester Garrett Electrical Calculation (8 hours CR) Approve – 2017 code cycle

21 Chester Garrett Electrical theory (4 hours CR) Deny – Board denied this course 9/28/17.

22 Current Electrical Training 2017 Oregon Rule & Law (4 hours ORL) Approve – 2017 code cycle. Provider has an approved instructor.

23 Current Electrical Training Common Code Corrections (4 hours CR) Approve – 2017 code cycle

24 Current Electrical Training Commercial Code Review (8 hours CR) Approve – 2017 code cycle

25 Current Electrical Training Electrical Code Review (8 hours CR) Approve – 2017 code cycle

26 Electrical Training NW Supervising Electrician Prep Course (24 hours – 12 CC, 4 ORL, 8 CR)

Approve – 2017 code cycle

27 Ewing-Foley NEC Article 500: Hazardous Locations (4 hours CC) Approve – 2017 code cycle. Provider has an approved instructor.

28 Ewing-Foley NEC Article 250: Grounding and Bonding (4 hours CC) Approve – 2017 code cycle

29 Ewing-Foley NFPA 70E 2018: The ARC Flash Hazard (4 hours CR) Approve – 2017 code cycle

30 Ewing-Foley 2017 Oregon Rule and Law Course (4 hours ORL) Approve – 2017 code cycle

31 Ewing-Foley Proper Selection and Installation of Lamps/Ballasts/Drivers (2 hours CR)

Approve – 2017 code cycle. Course reduced to 2 hours from 4 hours. Insufficient code content for 4 hours.

32 Ewing-Foley Thermal Imaging: Inspections and Safety (4 hours CR) Deny – course is not code related.

33 Ewing-Foley Articles 300 & 310 Wiring Methods and Materials 2017 NEC (4 hours CC)

Approve – 2017 code cycle

34 INW Industrial Training 2017 Code Update (8 hours CC) Approve – 2017 code cycle

35 Jon Coulimore Education Service Calculations – Residential and Multifamily (8 hours CR)

Approve – 2017 code cycle. Provider has an approved instructor.

36 Jon Coulimore Education Service Calculations – Commercial and Industrial (8 hours CR)

Approve – 2017 code cycle

37 Jon Coulimore Education NEC Calculations (8 hours CR) Approve – 2017 code cycle

38 Jon Coulimore Education NEC Services (8 hours CR) Approve – 2017 code cycle

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39 Jon Coulimore Education Low Voltage Conductors & Cables (8 hours CR) Approve – 2017 code cycle

40 Jon Coulimore Education Electrical Installation & Methods (8 hours CR) Approve – 2017 code cycle

41 Lightwave Learning 2017 Code Change I (8 hours CC) Approve – 2017 code cycle. Provider has an approved instructor.

42 Lightwave Learning 2017 Code Change II (8 hours CC) Approve – 2017 code cycle

43 Lightwave Learning 2017 Code Change III (4 hours CR) Approve – 2017 code cycle

44 Lightwave Learning 2017 Grounding & Bonding (8 hours CR) Approve – 2017 code cycle

45 Lightwave Learning 2017 Photovoltaic (4 hours CR) Approve – 2017 code cycle

46 LU112-NECA Electrical JATC Code Calculations I (4 hours CR) Approve – 2017 code cycle. Provider has an approved instructor.

47 LU112-NECA Electrical JATC Code Calculations II (8 hours CR) Approve – 2017 code cycle

48 LU112-NECA Electrical JATC Conduit Bending & Fabrication (2 hours CR) Approve – 2017 code cycle. Course reduced to 2 hours from 4 hours. Insufficient code content for 4 hours.

49 LU112-NECA Electrical JATC Electrical Safety Related Work Practices (8 hours CR) Approve – 2017 code cycle

50 LU112-NECA Electrical JATC Grounding (4 hours CR) Approve – 2017 code cycle

51 LU112-NECA Electrical JATC Master & Admin Prep Load Calculations (8 hours CR) Approve – 2017 code cycle

52 LU112-NECA Electrical JATC Motors (4 hours CR) Approve – 2017 code cycle

53 LU112-NECA Electrical JATC 2017 Oregon Rule and Law (4 hours ORL) Approve – 2017 code cycle

54 LU112-NECA Electrical JATC Solar Photovoltaics I (2 hours CR) Approve – 2017 code cycle. Course reduced to 2 hours from 4 hours. Insufficient code content for 4 hours.

55 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 1 – Code-Wide and Articles 100-250 (4 hours CC)

Approve – 2017 code cycle.

56 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 2 – Articles 300-480 (4 hours CC)

Approve – 2017 code cycle

57 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 3 – Articles 500-670 (4 hours CC)

Approve – 2017 code cycle

58 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 4 – Articles 680-Chapter 9 (4 hours CC)

Approve – 2017 code cycle

59 National Technology Transfer 2018 NFPA 70E Arc Flash Electrical Safety (8 hours CR) Approve – 2017 code cycle. Course hours reduced to 8 from 16 per Board policy. Provider has an approved instructor.

60 Oregon Solar Energy Industries Association

Solar PV Systems Best Practices & Energy Trust Installation Requirements (2 hours CR)

Approve – 2017 code cycle. Reduced to 2 hours from 4 hours. Insufficient code content for 4 hours. Provider

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has approved instructors.

61 Portland Community College Oregon Rule & Law 2017 (4 hours ORL) Approve – 2017 code cycle. Provider has approved instructors.

62 Portland Community College Calculations for Motors, Controls and Transformers (8 hours CR)

Approve – 2017 code cycle

63 Southwestern Idaho Electrical JATC

2017 Code Update 1 Correspondence (8 hours CC) Approve – 2017 code cycle. Board approved “live” course on 3/23/17. Provider has approved instructors.

64 Southwestern Idaho Electrical JATC

2017 Code Update 2 Correspondence (8 hours CC) Approve – 2017 code cycle. Board approved “live” course on 3/23/17. Course hours reduced to 8 from 12 based on course outline.

65 Southwest Washington Electrical JATC

Elevators and Escalators (4 hours CR) Approve – 2017 code cycle. Provider has approved instructors.

66 Southwest Washington Electrical JATC

Health Care Systems (8 hours CR) Approve – 2017 code cycle

67 Southwest Washington Electrical JATC

Electrical Grounding (12 hours CR) Approve – 2017 code cycle

68 Southwest Washington Electrical JATC

NFPA 70E Electrical Safety (8 hours CR) Approve – 2017 code cycle

69 Southwest Washington Electrical JATC

Code Calculations 2017 (12 hours CR) Approve – 2017 code cycle

70 Southwest Washington Electrical JATC

OSHA 10 (4 hours CR) Approve – 2017 code cycle

71 Southwest Washington Electrical JATC

First Aid/CPR/AED (4 hours CR) Approve – 2017 code cycle

72 TPC Trainco 2017 National Electrical Code (16 hours CC) Approve – 2017 code cycle. Provider has approved instructors.

73 TPC Trainco Arc Flash Electrical Safety NFPA 70E (8 hours CR) Approve – 2017 code cycle

74 TPC Trainco Electrical Troubleshooting & Preventive Maintenance (16 hours CR)

Deny – course is not code related.

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Instructors

Applicant

Committee Recommendation

Board Action

1 Ben Engelking (CC, CR) Anytime CE

Approve – 2017 code cycle

2 David Marinos (CC, CR) Applied Electrical Training

Approve – 2017 code cycle

3 Tom Hammerberg (CR) Automatic Fire Alarm Association

Approve – 2017 code cycle

4 Ryan Martin (CC, CR) Bluevolt

Approve – 2017 code cycle

5 John Powell (CC, CR) Electrical Training NW

Approve – 2017 code cycle

6 Michael Kyle (CC, CR) IAEI

Approve – 2017 code cycle. Provider has board approved courses.

7 Frank Seiler (CC, CR) INW Industrial Training

Approve – 2017 code cycle

8 Keith Lofland (CC, CR) The Media Factory, Inc.

Approve – 2017 code cycle

9 Joe Gibson (CR) Northwest Sign Council

Approve – 2017 code cycle

10 Elias Campbell (OSHA) Touchstone Consulting, LLC

Approve – 2017 code cycle

11 Don Hursey (CC, CR) TPC Trainco

Approve – 2017 code cycle

12 John Debien (CC, CR) TPC Trainco

Approve – 2017 code cycle

13 Martin Redman (CC, CR) TPC Trainco

Approve – 2017 code cycle

14 Michael Chambers (CC, CR) TPC Trainco

Approve – 2017 code cycle

15 Michael Leitzel (CC, CR) Approve – 2017 code cycle

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TPC Trainco

16 Myles Garrison (CC, CR) TPC Trainco

Approve – 2017 code cycle

17 Ryan Smith (CC, CR) TPC Trainco

Approve – 2017 code cycle

18 Thomas Maglish (CC, CR) TPC Trainco

Approve – 2017 code cycle

19 Rick Purvis (CC, CR) TPC Trainco

Approve – 2017 code cycle

20 Gary Rodwell (CC, CR) TPC Trainco

Approve – 2017 code cycle

Applications Pending

Applicant Course Name Information Requested by Committee

1 AnytimeCE.com 2017 NEC Electrical Review (4 hours CR)

Course contains entry level instruction. Course does not contain sufficient code content.

2 Applied Electrical Training Co. 2017 Oregon Rule and Law (4 hours ORL)

No course materials submitted with application.

3 Applied Electrical Training Co. 2017 NEC Code Change for Limited Elect. (8 hours CC/OESC)

Committee requested that more detailed information be included in course outline.

4 Applied Electrical Training Co. 2017 NEC Code Change (8 hours CC) Committee requested that more detailed information be included in course outline.

5 e-Hazard Various Instructors: Lovette, Black, Havens, Hoagland, Owens

Provider’s resubmittal information incomplete. Committee unable to make a recommendation.

6 Ewing-Foley Power Quality: Problems and Solutions (4 hours CR) Insufficient code content – course contains approximately 1 hour of code content.

7 LU112-NECA Electrical JATC First Aid/CPR (4 hours CR) Approved instructor qualifications do not include any First Aid/CPR certifications. Provider must submit an instructor application with appropriate qualifications for this course.

8 LU112-NECA Electrical JATC Solar Photovoltaics II (12 hours CR) Need detailed outline with code references. If resubmitted, committee will evaluate course hours – could be between 2 and 6 hours.

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9 LU112-NECA Electrical JATC Transformers (4 hours CR) Need detailed outline with code references. Course materials contain requirements for the State of Washington.

10 Northwest Sign Council Safety and Electrical Sign Installation (2 hours CR) Committee unable to gain access to online course materials. Staff will work with provider to solve issue.

11 Southwest Washington Electrical JATC

Oregon rule and Law 2017 (4 hours ORL) Course content needs to be reviewed. Materials contain information that is no longer in effect.

12 Touchstone Consulting, LLC OSHA 10/30 (10/30 hours CR) No course materials submitted with application. Each course must be resubmitted on separate applications (do not combine courses)