Chapter 0728

Chapter 728 Oregon Laws 2001

AN ACT

HB 2152

Relating to restricted energy electrician licensing; creating new provisions; amending ORS 479.635, 479.840, 479.870, 479.905, 479.910, 479.915, 479.940 and 479.945; and repealing ORS 479.920 and 479.930.

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

SECTION 1. (1) Notwithstanding ORS 479.910 and 479.915, except as provided in subsection (2) of this section, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who:

(a) Prior to October 1, 2002, possesses a restricted energy electrician’s license;

(b) Prior to October 1, 2004, completes 32 hours of training in limited energy electrical activity approved by the Electrical and Elevator Board; and

(c) Complies with board requirements for renewal of a license.

(2) Notwithstanding ORS 479.910 and 479.915, the department shall issue a Class A limited energy technician license to a person who:

(a) Prior to October 1, 2002, possesses a restricted energy electrician’s license with an indorsement for fire alarm installation, nurse calls or protective signaling, as described in ORS 479.920 (2) (1999 Edition);

(b) Prior to October 1, 2004, completes 32 hours of training in limited energy electrical activity approved by the Electrical and Elevator Board; and

(c) Complies with board requirements for renewal of a license.

(3) Licenses issued under this section are subject to the license fee requirements established in ORS 479.910. A person holding a license issued under this section is subject to the continuing education requirements described in ORS 479.910 for licenses issued under ORS 479.910.

SECTION 2. 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;

(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 elevator journeyman;

(b) [Limited journeyman] Class A or Class B limited energy [electrician] technician;

(d) Limited journeyman sign service electrician;

(e) Limited journeyman stage electrician; and

(f) Limited building maintenance electrician.

(7) The Electrical and Elevator 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] do 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 an insured institution as defined in ORS 706.008 or a cash bond under procedures approved by the department, in the sum of $2,000 guaranteeing the payment of all fees provided for under ORS 479.510 to 479.945. Before commencing any electrical job an electrical contractor who has a current bond or letter of credit under this subsection may apply to the department for a working permit which shall cost an amount established by the department by rule. The working permit shall authorize the electrical contractor to commence work. The total of all fees due for permits for each job, and the time such fees are payable, shall be determined by the department by administrative rule under ORS 479.730. The contractor shall keep the bond or letter of credit in force at all times. Any cancellation or revocation of the bond or letter of credit shall revoke and suspend the license issued to the principal until such time as a new bond or letter of credit shall be filed and approved. The department may bring an action against the surety named in the bond or the letter of credit issuer with or without joining in such action the principal named in the bond or letter of credit.

SECTION 3. ORS 479.870 is amended to read:

479.870. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

(2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate [restricted] limited energy electrical activity permit and the conditions that apply to the permit.

(3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements.

SECTION 4. ORS 479.905 is amended to read:

479.905. For the purposes of ORS 479.870 [(1) and (2)] and 479.905 to 479.945, except where the context requires otherwise:

(1) “Class A limited energy technician” means a person licensed to install, alter and repair all limited energy systems.

(2) “Class B limited energy technician” means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

(a) HVAC;

(b) Medical;

(c) Boiler controls;

(d) Intercom and paging systems;

(e) Clock systems;

(f) Data telecommunication installations; and

(g) Instrumentation.

[(1)] (3) “HVAC” means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. “HVAC” does not include boiler controls.

[(2) “In the trade” means business activity in the sale, installation, alteration, replacement, maintenance or repair of electrical products for which an indorsement is created, provided however, the mere offer and sale of an electrical product does not constitute being in the trade.]

[(3)] (4) “[Restricted] Limited energy [electric] electrical activity” means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the One and Two Family Dwelling Code.

[(4) “Instrumentation indorsement” means restricted energy electrical activity and the connection and disconnection of existing power supply to and from an instrument if the activity takes place in an industrial plant under the supervision of a limited supervising electrician or person of higher qualification under ORS 479.510 to 479.945.]

[(5) “Protective signaling” includes security, access control and closed circuit television.]

(5) “Protective signaling” includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system.

SECTION 5. ORS 479.910 is amended to read:

479.910. (1) Upon payment of an examination and license or renewal fee, the Department of Consumer and Business Services shall issue a [restricted] Class B limited energy [electrician’s] technician license to a person who qualifies under ORS 479.915. A person licensed under [ORS 479.915] this section may perform [restricted] limited energy electrical activity [in the area for which the licensee has obtained an indorsement as provided in ORS 479.920] except protective signaling as defined in ORS 479.905.

(2) A person licensed under [ORS 479.915] this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

(3) The examination and license fee, and the renewal fee, for a [restricted] Class B limited energy [electrician’s] technician license are the same as those [set forth in ORS 479.840 (6)(b)] for a Class A limited energy [electrician’s] technician license.

(4) The [continuing education requirement shall] Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed [eight] 24 hours of classes every three years [on changes to the electrical code].

SECTION 6. ORS 479.915 is amended to read:

479.915. (1) An applicant [shall] for a Class B limited energy technician license must:

(a) Submit proof satisfactory to the Electrical and Elevator Board that the person has: [completed at least two years of experience as an apprentice or the equivalent in restricted energy electrical activity; and]

(A) At least two years of experience as an apprentice in limited energy electrical activity; or

(B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

(b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

[(2) Notwithstanding the provisions of subsection (1) of this section, a special restricted energy electrician’s license with an indorsement for special installation shall be issued for a particular activity or series of identified activities if a person demonstrates to the satisfaction of the board that such issuance is necessary because of:]

[(a) The extremely specialized nature of the activity;]

[(b) The specialized training of the person regarding the product and its activity; and]

[(c) The unavailability of a person licensed under ORS 479.910 to work on the product.]

(2) An applicant for a Class A limited energy technician license must:

(a) Submit proof satisfactory to the board that the person has completed at least four years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

(b) Pass a written examination prepared by the board and administered by the department.

(3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910[, 479.930 and this section] and section 1 of this 2001 Act.

(4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees.

SECTION 7. ORS 479.940 is amended to read:

479.940. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings:

(a) Prewiring of cable television and telephone systems owned by the owner of the residence;

(b) Garage door openers;

(d) Audio and stereo systems; [and]

(e) HVAC;

(f) Landscape sprinkler controls;

(g) Landscape lighting; and

(h) Doorbells.

(2) The provisions of subsection (1) of this section apply only to persons or businesses licensed and in good standing with the Construction Contractors Board.

(3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to [restricted] limited energy [electric] electrical activity involving landscape irrigation control wiring and outdoor landscape lighting installed by a business licensed under ORS 671.510 to 671.710.

(b) A business exempt from licensing under this section shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscaping business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

(4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

[(4)] (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to [(3)] (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person’s or business’s right to use this provision.

SECTION 8. 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] may the scope of the license exceed that of a [restricted] Class B limited energy [electrical licensee] technician.

(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 Contractors Board; and

(5) A person holding a limited maintenance specialty contractor’s license under ORS 479.630 (12) who also registers under this section shall comply with the identification card requirements of subsection (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 9. ORS 479.635 is amended to read:

479.635. (1) The Electrical and Elevator Board shall prepare examinations for purposes of ORS 479.630 and 479.915 that meet the following requirements:

(a) The examinations shall be prepared by persons expert in examination preparation and validation.

(b) The examinations shall be standardized. In standardizing examinations under this paragraph, the board may adopt standardized examinations prepared by nationally recognized testing bodies.

(2) The board and the Department of Consumer and Business Services shall allow any person who takes an examination under ORS 479.630 or 479.915 to review the examination of that person and to review any grade sheets used in connection with the examination.

SECTION 10. ORS 479.920 and 479.930 are repealed.

SECTION 11. Section 1 of this 2001 Act, the amendments to ORS 479.635, 479.840, 479.870, 479.905, 479.910, 479.915, 479.940 and 479.945 by sections 2 to 9 of this 2001 Act and the repeal of ORS 479.920 and 479.930 by section 10 of this 2001 Act become operative October 1, 2002.

Approved by the Governor July 3, 2001

Filed in the office of Secretary of State July 3, 2001

Effective date January 1, 2002

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