Bill Text: OR SB711 | 2013 | Regular Session | Introduced

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Bill Title: Relating to Electrical and Elevator Board licensing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB711 Detail]

Download: Oregon-2013-SB711-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3201

                         Senate Bill 711

Sponsored by Senator BOQUIST (at the request of Karl Garner)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Eliminates license requirement for performing certain work
involving lighting, electrical outlets and smoke alarms. Changes
requirements for obtaining Class B limited energy technician
license.

                        A BILL FOR AN ACT
Relating to Electrical and Elevator Board licensing; creating new
  provisions; and amending ORS 479.540 and 479.915.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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, exchange, lease or rent. The
following apply to the exemption established in this subsection:
  (a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
  (b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property. As used in
this paragraph, 'new electrical installations or substantial
alterations' does not include the replacement of an existing
garbage disposal, dishwasher or electric hot water heater with a
similar appliance of 30 amps or less, single phase, by a
landlord, 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, telecommunications carrier as defined in
ORS 133.721, competitive telecommunications provider as defined
in ORS 759.005 or municipality for generation, transmission or
distribution of electricity on property that the utility,
carrier, provider or municipality owns or manages.
  (3) A person whose sole business is generating or selling
electricity in connection with the construction or maintenance of
electrical lines, wires or equipment, is not required to obtain a
license to transform, transmit or distribute electricity from its
source to the service head of the premises to be supplied
thereby.
  (4)(a) A person is not required to obtain a license for the
repair or replacement of light fixtures, light switches, lighting
ballast, electrical outlets or smoke alarms   { - in a building
used for housing purposes that is owned, leased, managed or
operated by a housing authority and the person doing the repair
or replacement is a member of the housing 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 registered with or graduated from a
State of Oregon or federally approved apprenticeship course
designed 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;
  (b) To electrical installations made by or for a public
utility, consumer-owned utility, telecommunications carrier or
competitive telecommunications provider if the electrical
installations are an integral part of the equipment or electrical
products of the utility, carrier or provider; or
  (c) To any electrical generation plant owned or operated by a
municipality to the same extent that a utility,
telecommunications carrier or competitive telecommunications
provider is exempted under paragraphs (a) and (b) of this
subsection.
  (6) A permit is not required:
  (a) For the repair or replacement of light fixtures, light
switches, lighting ballast, electrical outlets or smoke alarms in
a building used for housing purposes that is owned, leased,
managed or operated by a housing authority; or
  (b) For the repair, alteration or replacement of existing
electrical products or electrical installations authorized by ORS
479.560 (3) at an industrial plant, a commercial office building,
a building that is owned, leased, managed or operated by the
state or a local government entity or other facilities designated
by the Electrical and Elevator Board when the owner, operating
manager or electrical contractor of the facility meets the
provisions of ORS 479.630 (1) and (2) and:
  (A) Obtains a master permit for inspection under ORS 479.560
(3); or
  (B) Obtains a master individual inspection permit under ORS
479.565.
  (7) In cases of emergency in industrial plants, a permit is not
required in advance for electrical installation made by a person
licensed as a general supervising electrician, a general
journeyman electrician or an electrical apprentice under ORS
479.630 if an application accompanied by appropriate fee for a
permit is submitted to the Department of Consumer and Business
Services within five days after the commencement of such
electrical work.
  (8)(a) A license or permit is not required for the installation
or assembly of industrial electrical equipment by the duly
authorized agents of the factory, vendor or owner.
  (b) The license and permit exemptions of this subsection do not
apply to activity in an area where industrial electrical
equipment is installed in or enters a hazardous location or
penetrates or enters a fire rated assembly or plenum rated
assembly.
  (c) As used in this subsection:
  (A) 'Duly authorized agents' means individuals trained by the
factory or a vendor or by experience and who are knowledgeable in
the operation, maintenance, repair and installation of industrial
electrical equipment.
  (B) 'Installation or assembly' means the reassembly at a job
site of equipment that is wired and assembled at the factory and
then disassembled for shipping purposes or of existing equipment
that is relocated. 'Installation or assembly' does not include
work involving field fabricated assemblies or any other
electrical product that is not an original part of the industrial
electrical equipment. 'Installation or assembly' does not include
the connection of industrial electrical equipment to a power
source.
  (9) The provisions of ORS 479.510 to 479.945 and 479.995 do not
apply to:
  (a) Electrical installations and repairs involving
communication and signal systems of railroad companies.
  (b) Electrical installations and repairs involving remote and
permanent broadcast systems of radio and television stations
licensed by the Federal Communications Commission if the systems
are not part of the 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 electrical contractor, of
telecommunications systems on the customer side of the
demarcation point except:
  (A) Installations involving more than 10 telecommunications
outlets; and
  (B) Installations of any size that penetrate fire-resistive
construction or air handling systems or that pass through
hazardous locations.
  (f) Notwithstanding paragraph (e) of this subsection,
installation of telecommunications systems on the customer side
of the demarcation point in:
  (A) One and two family dwellings; and
  (B) Multifamily dwellings having not more than four dwelling
units if the installation is by a telecommunications service
provider.
  (g) Notwithstanding paragraph (e) of this subsection,
installation or replacement of cord or plug connected
telecommunications equipment on the customer side of the
demarcation point.
  (h) Notwithstanding paragraph (e) of this subsection,
installation of patch cord and jumper cross-connected equipment
on the customer side of the demarcation point.
  (10)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS
455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board
determines that the electrical product does not present a danger
to the health and safety of the people of this state.
  (b) If the board grants an exemption pursuant to subsection (1)
of this section, the board may determine that the product may be
installed by a person not licensed under ORS 479.510 to 479.945.
  (11) ORS 479.760 does not apply to products described in this
subsection that comply with the electrical product safety
standards established by concurrence of the board and the
Director of the Department of Consumer and Business Services as
described under ORS 479.730. This subsection does not exempt any
products used in locations determined to be hazardous in the
electrical code of this state. The following apply to this
subsection:
  (a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
  (A) The rotating equipment portion of power generation
equipment.
  (B) Testing equipment used in a laboratory or hospital.
  (C) Commercial electrical air conditioning equipment.
  (D) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the 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 director;
  (C) An evaluation by an approved field evaluation firm;
  (D) A listing from a nationally recognized testing laboratory;
  (E) An evaluation of a first model of a product by the board;
or
  (F) Any other method approved by the board.
  (13) ORS 479.760 does not apply to electrical equipment that
has been installed and in use for one year or more.

  (14) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty
contractor license issued under ORS 479.510 to 479.945 or a
person who is the employee of such license holder and who is
listed with the board as an employee is not required to have a
journeyman license or supervising 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 requirements applicable to single family dwellings
apply to such homes.
  (18) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television
installations.
  (19) The provisions of any electrical products code or rule
adopted pursuant to ORS 479.510 to 479.945 and 479.995 apply to
cable and such products installed as part of a cable television
installation.
  (20) A person is not required to obtain a license to make an
electrical installation in a prefabricated structure, as defined
in ORS 455.010, that is designed for residential use and intended
for delivery in another state.
  (21) As used in this section, 'smoke alarm' has the meaning
given that term under ORS 479.250.
  SECTION 2. ORS 479.915 is amended to read:
  479.915. (1) An applicant for a Class B limited energy
technician license must:
    { - (a) Submit proof satisfactory to the Electrical and
Elevator Board that the person has: - }
    { - (A) At least two years of experience as an apprentice in
limited energy electrical activity; or - }
    { - (B) At least two years of experience equivalent to an
apprenticeship in limited energy electrical activity and
completed a board-approved 32-hour training program; and - }
   { +  (a) Submit proof satisfactory to the Electrical and
Elevator Board that the person has successfully completed a
board-approved 32-hour training program; and + }
  (b) Pass a written examination approved by the board and
administered by the Department of Consumer and Business Services.
  (2) An applicant for a Class A limited energy technician
license must:
  (a) Submit proof satisfactory to the board that the person has
completed at least three years of experience as an apprentice, or
the equivalent as determined by the board by rule, in a
recognized branch of the electrical trade; and
  (b) Pass a written examination prepared by the board and
administered by the department.
  (3) The board shall determine the adequacy of any training
program for qualification under the requirements of this section
and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.
  (4) The department shall issue a Class A limited energy
technician license to a person who qualifies under subsection (2)
of this section and pays the required fees.
  SECTION 3.  { + The amendments to ORS 479.915 by section 2 of
this 2013 Act apply to applications received by the Electrical
and Elevator Board on or after the effective date of this 2013
Act. + }
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