68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
Senate Bill 956
Sponsored by Senator DERFLER (at the request of City of Portland,
Building Owners and Managers' Association)
CHAPTER ................
AN ACT
Relating to electrical installations; creating new provisions;
amending ORS 479.620, 479.630, 479.840, 479.945 and 693.103;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 479.630 is amended
to read:
479.630. Upon payment of applicable examination and license
fees required under ORS 479.840, the Department { + of Consumer
and Business Services + } shall issue:
(1) An electrical contractor's license to a person engaging in
or carrying on a business of making electrical installations who
has complied with ORS 479.510 to 479.945 and the rules issued
thereunder.
(2) A general supervising electrician's license to a person
who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the Electrical and Elevator
Board that the person has had at least four years of experience
as a general journeyman electrician { + or its equivalent, as
determined by the board by rule, in + } installing, maintaining
and repairing electrical wires and equipment.
(3) A limited supervising electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to supervise the class of electrical
work included in the branch of the electrical trade and for which
the person has passed the examination administered by the
department. A person qualifies under this subsection if the
person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience in a recognized
branch of the electrical trade on the journeyman level.
(4) A general journeyman electrician's license to a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that:
(A) The person has had at least four years of general
experience as an apprentice or its equivalent, as determined by
the board by rule, in installing, maintaining and repairing
electrical wires and equipment, including not fewer than 1,000
hours in wiring on single or multifamily dwelling units; or
(B) If the person is licensed as a limited residential
electrician under subsection { - (13) - } { + (14) + } of
this section, subsequent to receiving that license, the person
has worked for at least two years as a limited residential
electrician and subsequent to those two years has completed an
additional two years' experience as an apprentice or its
equivalent, as determined by the board by rule, for that period
of apprenticeship time worked exclusively in installing,
maintaining and repairing electrical wires and equipment in the
commercial and industrial branches of the electrical trade under
the supervision of a licensed electrical contractor.
(5) A limited journeyman electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department.
A person qualifies under this subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience as an
apprentice or its equivalent, as determined by the board by rule,
in a recognized branch of the electrical trade.
(6) A limited elevator journeyman license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair
elevators. A person qualifies under this subsection if the person
has completed a three-year elevator apprenticeship program
approved by the Electrical and Elevator Board by rule and the
person submits an application for licensure to the board in
writing.
(7) An electrical apprentice's license to a person who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the
electrical trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman
electrician's license or a limited journeyman electrician's
license; and
(b) Conducts an electrical training program in such a
recognized branch of the electrical trade approved by the
Electrical and Elevator Board as being a training program which
will adequately prepare the trainee for such limited journeyman's
Enrolled Senate Bill 956 Page 2
license providing that such trainee has complied with ORS 479.510
to 479.860 and the rules issued thereunder.
(10) A limited maintenance electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to maintain { + , + } { - and - }
repair { + and replace + } electrical installations required on
the premises of industrial plants { + , commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the Electrical and Elevator
Board + }. The following apply to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on repair { + ,
replacement + } and maintenance of { - electric motors, control
systems, switches and lighting systems - } { + equipment of the
type and nature normally used in an industrial plant, commercial
office building or government building + } and on the use of
testing equipment; and
(C) { + (i) Completes a two-year training program approved by
the board that provides for training and supervision of the
trainee; or
(ii) + } Submits proof satisfactory to the board that the
person has had sufficient experience in the repair { + ,
replacement + } and maintenance of electrical wiring and
equipment of the type and nature used in an industrial
plant { + , commercial office building or government
building + }.
(b) { - No more than one person licensed under this
subsection shall engage in such maintenance and repair work on
any one work shift. - } No worker or applicant for license under
this subsection shall be deemed in violation of this chapter by
reason of electrical maintenance { + , replacement + } and repair
work performed during the period of required experience whenever
required prior to August 9, 1961. An annual inspection of the
premises upon which electrical work is performed by persons
licensed under this subsection shall be made by the electrical
inspector for an annual fee determined by the board by rule,
based upon the time required for the inspection, payable to the
department.
{ + (c) A person licensed under this subsection may be
employed directly by the owner, or owner's agent, of any
government building or commercial office building. A building
owner or owner's agent need not be licensed under this section to
supervise a limited maintenance electrician.
(d) The Department of Consumer and Business Services, in
consultation with the appropriate board, shall adopt rules
defining government buildings and commercial office buildings
subject to this subsection.
(11) A limited building maintenance electrician's license to a
person who qualifies under this subsection. The following apply
to this subsection:
(a) A person licensed under this subsection is authorized to
maintain, repair and replace the following electrical
installations required on the premises of commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board in electrical
systems not exceeding 300 volts to ground:
(A) Electrical appliances;
Enrolled Senate Bill 956 Page 3
(B) Light switches;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on maintenance,
repair and replacement of equipment of the type and nature
normally used in a commercial office building or government
building and on the use of testing equipment; and
(C) Submits proof satisfactory to the board that the person
has:
(i) Had sufficient experience in the maintenance, repair and
replacement of electrical wiring and equipment of the type and
nature normally used in a commercial office building or
government building; or
(ii) Completed a one-year training course, with classroom and
on-the-job training components approved by the board, on the
maintenance, repair and replacement of electrical wiring and
equipment of the type and nature normally used in a commercial
office building or government building.
(c) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the department, or the inspection shall be
performed under an electrical master permit program.
(d) Building owners may perform work regulated by this
subsection and for which a license is required under this
subsection without obtaining a license.
(e) A person who owns more than 50 percent of a corporation
that controls a building is a building owner.
(f) A person licensed under this subsection may be employed by
the owner of a commercial office building or the owner's agent.
A building owner or owner's agent need not be licensed under this
section to supervise a limited building maintenance
electrician. + }
{ - (11) - } { + (12) + } A limited maintenance specialty
contractor license to a person who qualifies under this
subsection. A person licensed under this subsection is authorized
to engage in the electrical work related to the repair, service,
maintenance, installation or replacement of existing, built-in or
permanently connected appliances, fluorescent ballasts or similar
equipment and to employ individuals to engage in such work.
Nothing in this subsection allows the installation of appliances,
ballasts or other equipment if there is no existing installation
of similar equipment. A person qualifies under this subsection if
the person submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
{ - (12) - } { + (13) + } A limited pump installation
specialty contractor license to a person who qualifies under this
section. A person licensed under this subsection is authorized to
Enrolled Senate Bill 956 Page 4
engage in electrical work related to the testing, repair,
service, maintenance, installation or replacement of new or
existing pump equipment for potable or irrigation water systems
on residential property and to employ individuals to engage in
such work. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
{ - (13) - } { + (14) + } A limited residential
electrician's license to a person who qualifies under this
subsection. A person licensed under this subsection is authorized
to perform the class of electrical work included in the branch of
the electrical trade for which the person has passed the
examination administered by the department and approved by the
board. However, a person licensed under this subsection shall
perform the electrical work allowed by the license only on single
and multifamily dwelling units not exceeding three floors above
grade. For purposes of this subsection, the first floor of a
building shall be that floor which is designed for human
habitation and which has 50 percent or more of its perimeter
level with or above finished grade of the exterior wall line. A
person qualifies under this subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and rules issued
under those sections;
(b) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and who has received training in electrical theory;
(c) Submits documented proof to the board of at least two years
of apprenticeship or trainee experience in residential wiring of
single and multifamily dwelling units or its equivalent, as
determined by the board by rule; and
(d) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
{ - (14) - } { + (15) + } A Class I or Class II oil module
electrician's license to a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
adopted pursuant thereto; and
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
{ - (15) - } { + (16) + } Notwithstanding any other
provision of this chapter, the board shall not administer an
examination nor shall the department issue any license to a
person whose practical experience qualification for the license
is based upon training or experience in another state if the
board determines that such training or experience is not
equivalent to the standards for electrical training programs
prescribed in this state.
**************************** SECTION 2. { + Notwithstanding
ORS 479.630 (11)(b)(C), a person may qualify for a limited
building maintenance electrician's license if the person was
employed in commercial office building electrical maintenance
services for at least one year prior to July 1, 1995, files an
application with the Electrical and Elevator Board by August 1,
1998, and passes a written examination described in ORS 479.630
(11)(b)(B). + }
Enrolled Senate Bill 956 Page 5
**************************** SECTION 3. ORS 479.620 is amended
to read:
479.620. Subject to ORS 479.540, no person shall:
(1) Engage in the business of making electrical installations
without an electrical contractor's license.
(2) { + Except as provided in ORS 479.630 (10)(c) and
(11)(f), + } direct, supervise or control the making of an
electrical installation without a supervising electrician's
license.
(3) Except as provided in subsection (5) of this section, make
any electrical installation without a supervising or journeyman
electrician's license.
(4) Perform work on an electrical installation as an apprentice
electrician without an electrical apprentice's license.
(5) Make any electrical installation on a single or multifamily
dwelling unit not exceeding three floors above grade, as provided
in ORS 479.630 { - (13) - } { + (14) + }, without a limited
residential electrician's license.
(6) Permit or suffer any electrical installation on property
which the person owns, controls, manages or supervises to be made
by a person not licensed to make such an installation.
(7) Install, maintain, replace or repair electrical wiring or
electrical products on an oil module without a Class I oil module
electrician's license.
(8) Perform electrical work on an oil module in the capacity of
helper or trainee without a Class II oil module electrician's
license.
**************************** SECTION 4. ORS 479.840 is amended
to read:
479.840. Upon receipt of the following fee, the Department of
Consumer and Business Services shall issue or renew a license or
permit applied for under ORS 479.510 to 479.945:
(1) $125 for an electrical contractor license for each place of
business operated by the applicant.
(2) $125 for a limited energy contractor or limited sign
contractor license.
(3) $25 for a pump specialty contractor or limited maintenance
specialty contractor license.
(4) $150 for an elevator contractor license.
(5) $100 for a license for a:
(a) General journeyman electrician;
(b) General supervising electrician;
(c) Limited supervising industrial electrician;
(d) Limited supervising manufacturing plant electrician;
(e) Limited journeyman industrial electrician;
(f) Limited maintenance industrial electrician;
(g) Limited maintenance manufactured dwelling or recreational
vehicle electrician;
(h) Limited journeyman manufacturing plant electrician; or
(i) Limited journeyman railroad electrician.
(6) $50 for a license for a:
(a) Limited journeyman elevator electrician;
(b) Limited journeyman elevator service electrician;
(c) Limited journeyman limited energy electrician;
(d) Limited journeyman sign electrician;
(e) Limited journeyman sign service electrician; { - and - }
(f) Limited journeyman stage electrician { + ; and + }
{ - . - } { +
(g) Limited building maintenance electrician. + }
Enrolled Senate Bill 956 Page 6
(7) The board shall set uniform permit fees, by rule, not to
exceed the cost of administration.
(8) $10 for the right to take the written qualifying
examination.
(9) The fees provided for in this section shall not apply to
persons paying inspection fees under the terms of ORS 479.560 (3)
or 479.630 (10).
(10) Each electrical contractor may furnish to the department a
corporate surety bond to be approved by the department, an
irrevocable letter of credit issued by a commercial bank as
defined in ORS 706.005 or a cash bond under procedures approved
by the department, in the sum of $2,000 guaranteeing the payment
of all fees provided for under ORS 479.510 to 479.945. Before
commencing any electrical job an electrical contractor who has a
current bond or letter of credit under this subsection may apply
to the department for a working permit which shall cost an amount
established by the department by rule. The working permit shall
authorize the electrical contractor to commence work. The total
of all fees due for permits for each job, and the time such fees
are payable, shall be determined by the department by
administrative rule under ORS 479.730. The contractor shall keep
the bond or letter of credit in force at all times. Any
cancellation or revocation of the bond or letter of credit shall
revoke and suspend the license issued to the principal until such
time as a new bond or letter of credit shall be filed and
approved. The department may bring an action against the surety
named in the bond or the letter of credit issuer with or without
joining in such action the principal named in the bond or letter
of credit.
**************************** SECTION 5. ORS 479.945 is amended
to read:
479.945. A restricted energy contractor's license is created
for persons engaged in HVAC and such other categories as
established by the { + Electrical and Elevator + } Board by
rule:
(1) A person licensed as a restricted energy contractor under
this section and the person's employees may install, alter,
maintain, replace or repair electrical wiring and electrical
products that are within the scope of the contractor's license
issued under this section. A person covered by this subsection
does not have to obtain a license under ORS 479.910.
(2) The license issued under this section shall limit the scope
of activities that the licensee and licensee's employees may
engage in and in no instance shall the scope of the license
exceed that of a restricted energy electrical licensee.
(3) An applicant for licensing under this section shall provide
proof satisfactory to the board that the person has experience of
the type of work covered by the license indorsement and shall pay
the fees required by ORS 479.840 (2) for a limited energy
contractor.
(4) A restricted energy contractor licensee under this section
shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this
section;
(b) Issue an identification card to each employee working under
the provisions of this section and identify the contractor, date
of issue, contractor's identification number with the board and
the Construction Contractor's Board; and
Enrolled Senate Bill 956 Page 7
(c) Maintain with the board a current form of identification
card used by the contractor.
(5) A person holding a limited maintenance specialty
contractor's license under ORS 479.630 { - (11) - }
{ + (12) + } who also registers under this section shall comply
with the identification card requirements of subsection (4) of
this section, but need not file a separate list of employees
unless the work under the contractor's license is done by
different employees.
(6) If any restricted energy contractor repeatedly violates the
requirements of this section, the board may, in addition to any
other remedies, suspend, revoke or condition the contractor's
license.
**************************** SECTION 6. ORS 693.103 is amended
to read:
693.103. (1) The { + State Plumbing + } Board, by rule, may
provide a program for the certification of limited specialty
plumbers who demonstrate to the satisfaction of the board
competency in the laws, rules, ordinances and practices relating
to their plumbing specialty. A person certified under this
section is authorized to perform the class of plumbing work
included in the branch of the plumbing trade for which the person
has been certified. Any program established under this section
may include the following:
(a) Issuance of a certificate of competency as a limited
specialty plumber.
(b) Requirements that limited plumbing specialty applicants
have experience, pass an examination or otherwise demonstrate
competency as determined appropriate by the board.
(c) A requirement for the payment of fees established by the
board consistent with ORS 693.135.
(d) Circumstances under which the board may revoke or suspend
the limited specialty plumber's certificate of competency as the
board determines necessary to protect the public health and
safety.
(e) Annual or other renewal as the board determines necessary.
(2)(a) Under the provisions of this section the board shall
provide for the installation and replacement of residential water
heaters to existing plumbing designed for that purpose if the
installation or replacement does not require an alteration of the
existing plumbing.
(b) Qualification for certification for a plumbing specialty
under this subsection shall include testing and a requirement for
training.
(c) For purposes of this subsection, 'plumbing specialty ' is
limited to installation of water heaters by persons licensed
under ORS 479.630 { - (11) - } { + (12) + }.
(d) The provisions of this subsection do not otherwise affect
the ability of persons certified under subsection (1) of this
section to make connections to water systems.
**************************** SECTION 7. { + (1)
Notwithstanding the experience required under ORS 479.630 (2)(c),
if a person has taken and passed the examination required under
ORS 479.630 (2)(b) after January 1, 1995, and the Department of
Consumer and Business Services determines that the person had at
least four years of experience equivalent to that of a general
journeyman electrician before taking and passing the examination,
the department shall issue a license as a general supervising
electrician to the person.
(2) This section is repealed on January 1, 1996.
Enrolled Senate Bill 956 Page 8
(3) Notwithstanding the repeal referred to in this section, the
rights and privileges granted and the obligations imposed under
this section continue in full force and effect after the repeal
referred to in this section. + }
**************************** SECTION 8. { + This Act being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
Act takes effect on its passage. + }
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Passed by Senate May 16, 1995
Repassed by Senate June 9, 1995
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 1995
...........................................................
Speaker of House
Enrolled Senate Bill 956 Page 9
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled Senate Bill 956 Page 10