Chapter 416 Oregon Laws 2005

AN ACT

HB 3273

Relating to building trades; creating new provisions; and amending ORS 447.050, 460.075, 479.660, 480.635 and 693.090 and section 1, chapter 629, Oregon Laws 2001.

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

SECTION 1. Sections 2 and 3 of this 2005 Act are added to and made a part of ORS chapter 455.

SECTION 2. (1) As used in this section, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

(2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

(a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

(b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

(3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years.

SECTION 3. The Director of the Department of Consumer and Business Services may adopt rules regarding the reissuance of a license following revocation. The rules shall include, but need not be limited to:

(1) Prerequisites for the reissuance of a license; and

(2) Conditions or limitations on a reissued license.

SECTION 4. Section 1, chapter 629, Oregon Laws 2001, is amended to read:

Sec. 1. (1) Notwithstanding ORS 447.010 (6), a person who installs, maintains or repairs medical gas systems is not operating a plumbing business or engaging in the plumbing trade if the person operates or is employed by a business for which the installation, maintenance or repair of medical gas systems was a substantial business activity in Oregon during the period commencing October 23, 1997, and ending October 23, 1999.

(2) Subsection (1) of this section applies only if evidence is presented to the State Plumbing Board that demonstrates that the medical gas system installation, maintenance or repair activity of the business in Oregon was substantial during the two-year period specified in subsection (1) of this section. Evidence that medical gas system installation, maintenance or repair activity of the business was substantial consists only of evidence establishing the number of installations, maintenance visits or repairs of medical gas systems by a business or the number of hours that business personnel spent on medical gas system installation, maintenance or repair. Upon the receipt of satisfactory evidence that the medical gas system activity of the business in Oregon was substantial, the board shall issue a specialty registration for the business and special certificates to persons identified as employees of the business who are engaged in medical gas system installation, maintenance or repair. A registration or certificate issued under this subsection expires annually. The board may charge an annual fee for the registration and certificates issued to a business or employees of the business under this subsection, or for the renewal thereof, not to exceed $50. A registration or certificate issued under this subsection is not valid after July 1, 2006.

(3) A specialty registration issued under this section authorizes a business to employ persons to install, maintain and repair medical gas systems. A special certificate issued under this section authorizes the certified person to install, maintain and repair medical gas systems while in the employ of a business holding a specialty registration.

(4) The installation of a medical gas system pursuant to this section is subject to the same permit and inspection requirements as a medical gas system installed by a registered journeyman plumber.

(5) The board may revoke a specialty registration or specialty certificate issued under this section if the registration or certificate was based on an application that was incomplete in any material way or contained any statement that was, in light of the circumstances under which it was made, incorrect or misleading with respect to any material fact or if the person fails to comply with the terms of the registration or certificate or a board rule. The board may adopt rules that include, but need not be limited to:

(a) Prerequisites for the reissuance of a registration or certificate;

(b) Fees to be charged by and paid to the board under this section; and

(c) Conditions or limitations on a reissued registration or certificate.

SECTION 5. The Director of the Department of Consumer and Business Services may impose civil penalties for any act by the holder of a medical gas system specialty registration or specialty certificate that is grounds for revocation of the specialty registration or specialty certificate under section 1, chapter 629, Oregon Laws 2001. A penalty imposed under this section may not exceed $5,000 for each offense.

SECTION 6. Section 5 of this 2005 Act is repealed on January 2, 2008.

SECTION 7. ORS 447.050 is amended to read:

447.050. (1) The State Plumbing Board may revoke or suspend any certificate of registration if it is obtained through error or fraud or if the holder of the certificate has failed to comply with ORS 447.010 to 447.156 [and 447.992] or the rules adopted thereunder or with ORS chapter 455 or the rules adopted thereunder or with ORS chapter 693.

(2) The board shall not deny any application for a certificate or revoke or suspend a certificate without first giving the applicant or certificate holder an opportunity for a hearing of the denial, suspension or revocation. Notice of a hearing shall be given in writing by receipted certificated mail or by personal service at least 10 days before the date of the hearing and shall state the place, date and hour of the hearing along with the grounds for the denial, suspension or revocation.

(3) The board may adopt rules regarding the reissuance of a certificate issued under ORS 447.010 to 447.156 following revocation. The rules shall include, but need not be limited to:

(a) Prerequisites for the reissuance of a certificate; and

(b) Conditions or limitations on a reissued certificate.

SECTION 8. ORS 460.075 is amended to read:

460.075. (1) Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services shall cancel, revoke or suspend the operating permit for any elevator which fails to comply with the minimum safety standards provided by ORS 460.005 to 460.175.

(2) Subject to the provisions of ORS chapter 183, the department may suspend or revoke the certificate of competency of any certified elevator inspector:

(a) Whom the department finds to be performing the work in a manner inconsistent with the intent and purposes of ORS 460.005 to 460.175.

(b) Who fails to file in advance with the department the name of any company for which the inspector performs an inspection.

(c) Who willfully violates ORS 460.005 to 460.175 or rules issued under ORS 460.085 (1).

(d) Who deliberately falsified the application of the inspector for such certificate or the inspection report made to the department.

(e) Who persistently fails to properly report to the department in writing regarding elevators inspected by the inspector.

(3) Subject to the provisions of ORS chapter 183, the department may suspend or revoke the license of an elevator contractor who willfully violates ORS 460.005 to 460.175 or rules issued under ORS 460.085 (1).

(4) The department, after consultation with the Electrical and Elevator Board, may adopt rules regarding the reissuance of a license under ORS 460.005 to 460.175 following revocation. The rules shall include, but need not be limited to:

(a) Prerequisites for the reissuance of a license; and

(b) Conditions or limitations on a reissued license.

SECTION 9. ORS 479.660 is amended to read:

479.660. (1) The Electrical and Elevator Board shall revoke the license of any licensee who does not meet the minimum qualifications prescribed by ORS 479.510 to 479.945 for that license. Subject to ORS 183.430, the board may summarily suspend or cancel any license issued under ORS 479.510 to 479.945 if the person in whose name it was issued:

[(1)] (a) Deliberately falsifies the application for the license.

[(2)] (b) Allows the person to be held out falsely as the person directing, supervising or making an electrical installation.

[(3)] (c) Establishes a pattern of conduct that willfully or negligently violates any provision of ORS 479.510 to 479.945 or any rule issued thereunder.

[(4)] (d) Serves as a supervising electrician for more than one employer.

[(5)] (e) Persistently fails promptly to notify the Department of Consumer and Business Services of the location of installations for which permits were issued on the person’s representation that such notice would be promptly given upon completion of the installations.

[(6)] (f) As an electrical contractor, employs or causes to be employed under the person’s license, any person to make electrical installations for which the person does not have such licenses for the installations as are required by ORS 479.510 to 479.945.

[(7)] (g) As an electrical contractor, fails to obtain permits or arrange for inspections required by ORS 479.510 to 479.945.

(2) The board may adopt rules regarding the reissuance of a license under ORS 479.510 to 479.945 following revocation. The rules shall include, but need not be limited to:

(a) Prerequisites for the reissuance of a license; and

(b) Conditions or limitations on a reissued license.

SECTION 10. ORS 480.635 is amended to read:

480.635. (1) A license or certification issued pursuant to ORS 480.630 may be suspended by the chief inspector for the incompetence of the holder [thereof] or for willful falsification of any matter or statement contained in an application or in a report of any inspection made by the holder. The chief inspector shall give written notice of the suspension [shall be given by the chief inspector] within not more than 10 days to the person who holds the license or certification, the employer of the person and the Board of Boiler Rules. A person whose license or certification has been suspended may appeal to the board as provided and be present in person and be represented by counsel at the hearing of the appeal.

(2) If the board has reason to believe that a person who holds a license or certification is no longer qualified to hold the license or certification, the board, upon not less than 10 days’ written notice to the person and the employer of the person, shall hold a hearing at which the person and the employer shall have an opportunity to be heard. If, as a result of the hearing, the board finds that the person is no longer qualified to hold the license or certification, the board shall thereupon revoke the license or certification forthwith.

(3) A person whose certification has been suspended may apply, after 90 days from the date of the suspension, for reinstatement of the certification.

(4) The board may adopt rules regarding the reissuance of licenses and certificates under ORS 480.510 to 480.670 following revocation. The rules shall include, but need not be limited to:

(a) Prerequisites for the reissuance of a license or certificate; and

(b) Conditions or limitations on a reissued license or certificate.

SECTION 11. ORS 693.090 is amended to read:

693.090. (1) The State Plumbing Board may revoke or suspend any journeyman plumber’s certificate of competency if it is obtained through error or fraud or if the holder of a certificate [of competency] has failed to comply with ORS 447.010 to 447.156 and 447.992 or the rules adopted thereunder or with ORS chapter 455 or the rules adopted thereunder or with ORS chapter 693 or the rules adopted thereunder.

(2) The board shall not deny any application for a certificate or revoke or suspend a certificate without first giving the applicant or certificate holder an opportunity for a hearing on the denial, suspension or revocation. Notice of a hearing shall be given in writing by receipted certificated mail or by personal service at least 10 days before the date of the hearing and shall state the place, date and hour of the hearing along with the grounds for the denial, suspension or revocation.

[(3) Any person whose certificate of competency has been revoked may, after the expiration of one year from the date of revocation, but not before, apply for a new certificate of competency.]

(3) The board shall adopt rules regarding the reissuance of a certificate under ORS chapter 693 following revocation. The rules shall include, but need not be limited to:

(a) Prerequisites for the reissuance of a certificate; and

(b) Conditions or limitations on a reissued certificate.

SECTION 12. Sections 2 and 3 of this 2005 Act and the amendments to ORS 447.050, 460.075, 479.660, 480.635 and 693.090 and section 1, chapter 629, Oregon Laws 2001, by sections 4 and 7 to 11 of this 2005 Act apply to licenses, registrations or certificates revoked on or after the effective date of this 2005 Act.

Approved by the Governor June 29, 2005

Filed in the office of Secretary of State June 29, 2005

Effective date January 1, 2006

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