oregon revised statutes division 479

8/12/2019 Oregon Revised Statutes Division 479

1/28

Chapter 4792011 EDITION

Protection of Buildings From Fire; Electrical Safety Law

PROTECTION OF BUILDINGS FROM FIRE

479.015 Smoking in public elevator prohibited;penalty

479.155 Plan of proposed construction or alter-ation; declaration of value; approval of plan; effect of approval; rules

479.165 Certification of fire officials; rules479.168 Definitions for ORS 479.168 to 479.190 and

479.990479.170 Ordering repair of, or removal of material

from, buildings479.180 Appeal from order to comply with fire

prevention statutes; fee479.190 Liability in damages for failure to comply

with order under ORS 479.170479.195 Assembly occupancy limits; prohibition

against exceeding limit; remedies479.200 Fire protection water supply for public

buildings; rules

INSPECTION OF INSTITUTIONS479.210 Institution defined for ORS 479.215 to

479.220479.215 Institution not to be licensed or certif-

icated unless in compliance with firesafety requirements; inspection; list of li-censed or approved institutions

479.217 Temporary permit in lieu of inspectionapproval under ORS 479.215; cancellation;extension or renewal

479.220 Institution inspection by State Fire Mar-shal; notification to licensing agency of noncompliance

RESIDENTIAL BUILDINGS479.250 Definitions for ORS 479.250 to 479.305479.255 Smoke alarm or smoke detector required

in certain structures; alarms and devicesfor persons who are hard of hearing

479.257 Design features required for certainsmoke alarms; rules

479.258 Provision of notice of smoke alarm orsmoke detector requirements for personswho are hard of hearing; rules

479.260 Transfer of dwelling unit or lodging housewithout smoke alarm or smoke detector

prohibited479.265 Action for unlawful transfer of dwelling

unit; damages; attorney fees479.270 Owner of rental dwelling unit to supply,

install and maintain smoke alarm orsmoke detector; instructions for testing to be provided

479.275 Tenant of rental dwelling unit to testsmoke alarm or smoke detector and re-place dead batteries

479.280 Lack of properly operating smoke alarmor smoke detector; complaint; investi-gation; citation

479.285 Owner to maintain and test certain smokealarms and smoke detectors

479.290 Certain persons not liable for damagesresulting from mechanical failure of smoke alarm or smoke detector

479.295 State Fire Marshal to adopt rules setting standards and providing for implementa-tion of certain laws governing smokealarms and smoke detectors

479.297 Ionization smoke alarms; required equip-ment; exemptions

479.300 Removing or tampering with smoke alarmor smoke detector prohibited

479.305 Smoking policy disclosure

ELECTRICAL SAFETY LAW

479.510 Short title479.520 Purpose479.525 Application of Electrical Safety Law; uni-

formity479.530 Definitions for ORS 479.510 to 479.945 and

479.995479.540 Exemptions; rules479.545 License required of state employee; letter

of authority479.550 No work on new electrical installation

until permit issued; temporary permit;rules

479.560 Issuance of permit; when permit becomesvoid; master electrical inspection permit;rules

479.565 Master individual inspection permits; fee479.570 Energizing of electrical installations; rules479.610 Installation of uncertified electrical prod-

uct prohibited479.620 Certain electrical license required; elec-

trical installations by unlicensed personsprohibited

479.630 Requirements for obtaining licenses; rules479.632 Applicant training or experience obtained

in another state479.670 Maintenance of action or suit by unli-

censed person prohibited479.680 Adoption of rules by Electrical and Ele-

vator Board; establishment of continuing education program

479.710 Electrical installations must meet mini-mum safety standards

479.730 Adoption of rules by Director of Depart-ment of Consumer and Business Services

479.740 Factors to be considered in adopting rules; incorporation of standards by ref-erence

479.760 Certification of electrical products; safetyindicators

479.770 Approved electric ignition pilot requiredon certain appliances

479.810 Administration and enforcement; Chief Electrical Inspector; inspector qualifica-tions; rules

Title 38 Page 1 (2011 Edition)


2/28

PROTECTION FROM FIRE

479.815 Inspector conflicts of interest; rules479.820 Duties and powers in enforcing law479.835 Recovery of purchase price of product not

meeting applicable laws479.840 Fees; rules; means to guarantee payment479.845 Limitation on use of local government

fees479.850 Disposition of receipts479.853 Appeal procedure; distribution of major

code interpretation decisions479.854 Authority of municipality to require li-

cense; approval of ordinance479.855 City and county inspection and enforce-

ment programs479.860 Persons authorized to design, plan and lay

out electrical installations; rules479.870 Electrical and Elevator Board to prescribe

uniform fee calculation and permit for-mat; review; rules

479.905 Definitions for ORS 479.870 and 479.905 to479.945

479.910 Limited energy technician license; com-pliance with other laws; fees; continuing education

479.915 Limited energy technician license re-quirements

479.940 Activities not subject to licensure underORS 479.510 to 479.945; identification cards

479.943 Activities not subject to licensure underORS 479.905 to 479.945

479.945 Restricted energy contractors license;rules; scope; employees

RAIL FIXED GUIDEWAY SYSTEMS479.950 Minimum safety standards; rules; criteria

PENALTIES479.990 Penalties479.995 Civil penalty for violation of ORS 479.510

to 479.945



3/28

PROTECTION OF BUILDINGS; ELECTRICAL SAFETY 479.165

PROTECTION OF BUILDINGS FROM FIRE

479.010 [Subsection (4) enacted as 1953 c.569 1; 1963c.120 1; 1979 c.359 1; 1979 c.764 1a; 1987 c.158 105;1997 c.24 2; 2005 c.22 360; renumbered 479.168 in 2005]

479.015 Smoking in public elevator

prohibited; penalty. (1) It shall be unlawfulfor any person to smoke cigars, cigarettes ortobacco in any form or to ignite any sub-stance in an elevator used by the public.

(2) A No Smoking sign shall be postedand maintained in a conspicuous place on orwithin any elevator operated in accordancewith subsection (1) of this section, pursuantto rules of the State Fire Marshal.

(3) Any person who violates subsection(1) of this section shall incur a penalty of $10for each such violation.

(4) Any person who violates subsection(2) of this section commits a Class D vio-lation. [1975 c.474 2; 1999 c.1051 189]

479.018 [2005 c.22 363; repealed by 2011 c.97 9]479.020 [Amended by 1959 c.651 2; 1965 c.602 15;

repealed by 2011 c.97 9]479.030 [Repealed by 2011 c.97 9]479.040 [Repealed by 2011 c.97 9]479.050 [Repealed by 2011 c.97 9]479.060 [Repealed by 2011 c.97 9]479.070 [Repealed by 1965 c.602 30]479.080 [Amended by 1955 c.453 1; 1965 c.602 17;

repealed by 2011 c.97 9]479.090 [Amended by 1965 c.602 17a; repealed by

2011 c.97 9]479.100 [Amended by 1959 c.651 1; 1965 c.602 18;

1983 c.740 191; 1997 c.24 1; repealed by 2011 c.97 9]

479.110 [Amended by 1963 c.317 1; repealed by 1965c.602 30]479.120 [Repealed by 1963 c.120 2 (479.121 enacted

in lieu of 479.120)]479.121 [1963 c.120 3 (enacted in lieu of 479.120);

1969 c.314 52; repealed by 1979 c.764 2]479.130 [Repealed by 2011 c.97 9]479.140 [Amended by 1965 c.602 19; 2003 c.14 319;

repealed by 2011 c.97 9]479.150 [Amended by 1979 c.660 1; repealed by 2011

c.97 9]

479.155 Plan of proposed constructionor alteration; declaration of value; ap-proval of plan; effect of approval; rules.(1) As used in this section, director means

the Director of the Department of Consumerand Business Services.(2) Prior to construction or alteration of

a hospital, public building as defined in ORS479.168, public garage, dry cleaning estab-lishment, apartment house, hotel, bulk oilstorage plant, school, institution as definedin ORS 479.210, or any other building orstructure regulated by the State Fire Mar-shal for use and occupancy or requiring ap-proval by the State Fire Marshal pursuant tostatute, the owner shall submit to the direc-

tor two copies of a plan or sketch showing the location of the building or structure withrelation to the premises, distances, lengthsand details of construction as the directorshall require. A filing is not required withrespect to any such building or structure inany area exempted by order of the State FireMarshal pursuant to ORS 476.030. Approvalof the plans or sketches by the director isconsidered approval by the State Fire Mar-shal and satisfies any statutory provision re-quiring approval by the State Fire Marshal.

(3) A declaration of the value of the pro-posed construction or alteration and the ap-propriate fee required under ORS 455.210must accompany the plan or sketch. How-ever, the determination of value or valuationshall be made by the director.

(4) The director shall be furnished withnot fewer than two accurate copies of theplan or sketch and details for the purpose of

ascertaining compliance with applicable fireprevention and protection statutes and regu-lations. The plan examiner shall indicate onthe plan or sketch and in writing approvalor disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by thedirector and one copy shall be returned tothe applicant. No building or structure re-ferred to in subsection (2) of this sectionshall be erected or constructed without ap-proval by the director if the building orstructure requires approval by the State FireMarshal. After such approval or issuance of the required permit, construction or alter-ation must comply with the plan or sketch inall respects unless modified by subsequentpermit or order of the director.

(5) The approval of a plan or sketch maynot be construed to be a permit for, or anapproval of, any violation of any statute orregulation or the applicable ordinances andregulations of any governmental subdivisionof the state. The approval of a plan or sketchmay not be construed as an approval fornoncompliance with fire marshal regulations.

Any condition upon approval or disapprovalis an order subject to appeal as other ordersare appealable.

(6) Notwithstanding the requirements of

subsections (2) and (4) of this section, theState Fire Marshal may, by rule, require anadditional copy of a plan or sketch for localgovernment use and may specify that plansor sketches submitted for review be drawnclearly and to scale. [1965 c.602 14; 1967 c.417 20;1973 c.834 33; 1977 c.821 4; 1987 c.414 158; 1993 c.744116; 1999 c.1082 13; 2005 c.22 364]

479.160 [Repealed by 2011 c.97 9]

479.165 Certification of fire officials;rules. (1) In accordance with any applicableprovisions of ORS chapter 183, the State Fire



4/28

479.168 PROTECTION FROM FIRE

Marshal, by rule, shall establish a certifica-tion system for fire officials who reviewplans, new construction, alterations andspecifications from a uniform fire code.

(2) Fire officials who review plans, newconstruction, alterations and specifications

from a uniform fire code shall be certifiedunder subsection (1) of this section.(3) Nothing in this section shall be con-

strued to expand the duties of the State FireMarshal with respect to regulating additionaltypes of structures. [1993 c.463 3]

479.168 Definitions for ORS 479.168 to479.190 and 479.990. As used in ORS 479.168to 479.190 and 479.990:

(1) Alter in its various modes andtenses and its participial forms refers to analteration.

(2) Alterations, as applied to a building or structure, means any change, addition or

modification in construction or occupancy.(3) Construction means the making,building, alteration, erection, reconstruction,rebuilding or production of a building or ad-dition or extension thereto, or enlargementthereof, in any manner not included in theterm repair.

(4) Family means an individual or twoor more persons related by blood or marriageor a group of not more than five persons,excluding servants, who need not be relatedby blood or marriage, living together in adwelling unit.

(5) Hospital means a building of anysort in which sick or injured persons are re-ceived or kept for medical, surgical or nurs-ing purposes.

(6) Occupancy means the purpose forwhich a building or structure is used or in-tended to be used. Change of occupancy isnot intended to include change of tenants orproprietors.

(7) Owner includes a duly authorizedagent or attorney, a purchaser, a devisee, afiduciary and a person having a vested orcontingent interest in the property in ques-tion.

(8) Private residence means that partof a single, double or multiple dwelling house

or building occupied as living or sleeping quarters by one or more family units, exclu-sive of any portion of such house or building devoted to commercial, processing or manu-facturing use.

(9) Public building means a building inwhich persons congregate for civic, political,educational, religious, social or recreationalpurposes, including among others, statebuildings, courthouses, schools, colleges, li-braries, museums, exhibit buildings, lecturehalls, churches, assembly halls, lodge rooms,

dance halls, theaters, skating rinks, bathhouses, armories, recreation piers, grand-stands and bleachers in exhibition parks orfields, and jails.

(10) Repair means restoration of an ex-isting thing to its former state, to refit, to

mend, to make good. Repair does not in-clude construction, reconstruction, alterationor rebuilding of a building or any partthereof. [Formerly 479.010; 2011 c.97 7]

479.170 Ordering repair of, or removalof material from, buildings. (1) If the StateFire Marshal, or deputies, upon an examina-tion or inspection finds a building or otherstructure which for want of proper repairs,by reason of age and dilapidated conditions,or poorly installed electric wiring and equip-ment, defective chimneys, defective gas con-nection, defective heating apparatus or forany other cause or reason, is especially liableto fire, and which is so situated or occupied

as to endanger other buildings or propertyor human life, the officer shall order thebuilding to be repaired and all dangerousconditions remedied.

(2) If the officer finds in any building orupon any premises any combustible or ex-plosive material, rubbish, rags, waste, oils,gasoline or inflammable condition of anykind, dangerous to the safety of the buildingsor premises or human life, the officer shallorder such materials removed or remedied.

(3) The order shall be made against andserved personally or by registered letter uponthe owner, lessee or occupant of the building or premises. Thereupon it shall be compliedwith by the owner, lessee, agent or occupantwithin the time fixed in the order. Uponfailure to comply, the State Fire Marshalmay close the building or premises for useor occupancy until compliance has beenmade.

479.180 Appeal from order to complywith fire prevention statutes; fee. (1) If the owner, lessee, agent or occupant isaggrieved by the order of an officer underthe provisions of ORS 476.030, 479.170,479.210 to 479.220, 480.122 to 480.160, 480.330,480.340, 480.420 to 480.434 or 480.450 and de-sires a hearing, the person may complain orappeal in writing to the State Fire Marshalwithin 10 days from the service of the order.The complaint or appeal shall set forth thespecific grounds of the complaint or appealand no other ground shall be consideredthereafter. The complaint or appeal shall beaccompanied by a fee of $40 payable to theState Fire Marshal, and the State Fire Mar-shal may refer the complaint or appeal to theregional appeal advisory board establishedfor that region by notifying the chairpersonof that board and sending a copy of the no-tice to the complainant or appellant. The



5/28


board shall fix a time for hearing and notifythe complainant or appellant of the time andplace thereof, which shall be within 10 daysafter such referral by the State Fire Marshal.If the State Fire Marshal does not refer thematter to a regional appeal advisory board,the State Fire Marshal shall fix a time andplace, not less than five and not more than10 days thereafter, when and where thecomplaint or appeal will be heard by theState Fire Marshal. Within 10 days after re-ceiving a recommendation from the regionalappeal advisory board, or if no referral wasmade to such board, within 10 days after thehearing before the State Fire Marshal, theState Fire Marshal may affirm, modify, re-

voke or vacate the order complained of orappealed from. Unless the order is modified,revoked or vacated by the State Fire Mar-shal, it shall remain in force and be compliedwith by the owner, lessee, agent or occupant,and within the time fixed in the order orfixed by the State Fire Marshal. If the StateFire Marshal vacates or revokes the ordercomplained of or appealed from, or modifiedit in any particular other than extending time for compliance, the fee paid with thecomplaint or appeal shall be refunded. Oth-erwise, it shall be credited to appropriatestate funds, and the State Fire Marshal shallso notify the State Treasurer.

(2) If the complainant or appellant undersubsection (1) of this section is aggrieved bythe final order of the State Fire Marshal, andif such order necessitates the expenditure of money or involves statutory interpretation,the complainant or appellant may, within 10days thereafter, appeal to the circuit courtof the county in which the property is situ-ated, notifying the State Fire Marshal of theappeal within 10 days thereafter, which no-tice shall be in writing and delivered per-sonally or by registered letter to themarshal, or left at the principal office of theState Fire Marshal at the state capital. Theparty so appealing shall, within two days af-ter filing the appeal, file with the circuitcourt in which appeal is made a bond in anamount to be fixed by the court or judge, butin no case less than $100, with two sufficientsureties possessing the qualification of bailon arrest, the bond to be approved by thecourt and conditioned to pay all the costs onthe appeal in case the appellant fails to sus-tain it or it is dismissed for any cause. In thecase of an appeal involving an order underORS 479.170, the circuit court shall hear anddetermine the appeal within 10 days after thedate of filing the same.

(3) The State Fire Marshal shall make orhave made a certified summary of the pro-ceedings at the hearing before the regionalappeal advisory board or before the StateFire Marshal, and together with all the ev-

identiary matter filed in the office of theState Fire Marshal or presented to the re-gional appeal advisory board, transmit themto the circuit court at least three days priorto the date fixed by the court for hearing when it shall be tried de novo. [Amended by1965 c.602 20; 1973 c.832 9; 2011 c.97 3]

479.190 Liability in damages for failureto comply with order under ORS 479.170.

Anyone whose person or property is injuredby reason of the failure of the owner or oc-cupant to comply with any order under ORS479.170 not appealed from, or with any suchorder of the State Fire Marshal upon appealto the State Fire Marshal, or by any fireoriginating in the building or premises whilethe order is in effect and not complied with,may recover from the owner or occupant theactual damage suffered.

479.195 Assembly occupancy limits;prohibition against exceeding limit; rem-

edies. (1) As used in this section, assemblyoccupancy means the use of a building orstructure, or a portion of a building orstructure, in a manner that is classified asan Assembly Group A occupancy under thestructural specialty code described in ORSchapter 455.

(2) If the State Fire Marshal, or deputies,assistants as defined in ORS 476.060, or theapproved authority, as provided by ORS476.030 (3), upon examination or inspectionfinds that the number of persons present un-der an assembly occupancy is in excess of the maximum number of persons allowed atany one time as set forth in a capacity no-tice, the State Fire Marshal, or deputies, as-sistants as defined in ORS 476.060, or theapproved authority, as provided in ORS476.030 (3), may prohibit the assembly occu-pancy until compliance has been made.

(3) The owner of any building or struc-ture for which an assembly occupancy isprohibited under subsection (2) of this sec-tion shall have immediate access to the cir-cuit court for the county in which thebuilding or structure is located for review of the order prohibiting the occupancy assem-bly. Such access may be in the form of anyappropriate judicial proceeding and shall begiven priority over all other cases on thedocket of the circuit court.

(4) The prohibition provided for in sub-section (2) of this section does not excludeany other remedies available to the StateFire Marshal, deputies, or approved author-ity, as provided by ORS 476.030 (3). [1967 c.41718; 1971 c.689 1; 1979 c.772 25; 1993 c.185 31; 2003 c.14320; 2011 c.97 4]

479.200 Fire protection water supplyfor public buildings; rules. Any publicbuilding, as defined in ORS 479.168, erectedafter July 1, 1967, must have a readily avail-



6/28


able fire protection water supply. The StateFire Marshal shall adopt rules for determin-ing the fire protection water supply for apublic building. [1967 c.417 19; 2005 c.22 365; 2011c.97 5]

Note: Section 11, chapter 97, Oregon Laws 2011,provides:

Sec. 11. (1) The State Fire Marshal shall adoptrules under ORS 479.200 in time for the rules to takeeffect on or before January 1, 2013.

(2) Notwithstanding the amendments to ORS 479.200by section 5 of this 2011 Act, the water supply avail-ability requirements of ORS 479.200 as set forth in the2009 Edition of Oregon Revised Statutes shall continuein effect until the earlier of:

(a) The effective date of rules adopted by the StateFire Marshal under ORS 479.200; or

(b) January 2, 2013. [2011 c.97 11]

INSPECTION OF INSTITUTIONS479.210 Institution defined for ORS

479.215 to 479.220. As used in ORS 479.215

to 479.220, unless the context requires other-wise, institution means:(1) A child-caring facility that provides

residential care and that receives state aidunder ORS 412.001 to 412.161, 418.005 to418.025, 418.205 to 418.315, 418.625 to 418.685and 418.647;

(2) An inpatient care facility required tobe licensed under ORS 441.015 to 441.087,441.525 to 441.595, 441.815, 441.820, 441.990,442.342, 442.344 and 442.400 to 442.463; or

(3) A residential facility subject tolicensure under ORS 443.400 to 443.455. [1961c.316 1; 1963 c.202 1; 1969 c.641 18; 1973 c.832 10; 1977c.717 18; 2007 c.71 155]

479.215 Institution not to be licensedor certificated unless in compliance withfire safety requirements; inspection; listof licensed or approved institutions. (1)Except as provided in subsection (3) of thissection or in ORS 479.217, the Departmentof Human Services or the Oregon Health

Authority may not issue an initial license oran initial certificate of approval to any insti-tution when the State Fire Marshal, or anapproved representative as provided in sub-section (3) of this section, notifies in writing that the institution is not in substantialcompliance with all applicable laws and rulesrelating to safety from fire established pur-suant to ORS 476.030.

(2) On January 1st of each year or assoon thereafter as practicable, the depart-ment and the authority shall furnish theState Fire Marshal with a complete list of all institutions licensed or approved by thedepartment or the authority within the Stateof Oregon.

(3) The State Fire Marshal, deputy or theapproved authority shall make or have madeat least once each year an inspection of any

such licensed or approved institution to de-termine its substantial compliance with thelaws and rules as provided in subsection (1)of this section. If any required correctivemeasures are not completed within the rea-sonable time fixed or an extension thereof made by order of the inspecting authority,the department or the Oregon Health Au-thority shall be notified of the fact of non-compliance and appropriate action shall beinitiated in accordance with provisions of ORS 476.030 and 479.170. Except as providedin ORS 479.217, if, at any time, the StateFire Marshal, or deputy, or the approved au-thority notifies the department or the OregonHealth Authority in writing that an institu-tion is not in substantial compliance with allapplicable laws and rules as provided in sub-section (1) of this section, the licensing agency shall deny, withhold, suspend or re-

voke the license or certificate of approval of the institution.

(4) When an area has been exempted bythe State Fire Marshal under ORS 476.030,certification, annual inspection and notifica-tion of noncompliance when appropriate,shall be made and performed by the approvedauthority of the governmental subdivisionhaving jurisdiction in such area. [1961 c.3162; 1963 c.202 2; 1965 c.602 21; 1973 c.832 11; 2009 c.595978]

479.217 Temporary permit in lieu of inspection approval under ORS 479.215;cancellation; extension or renewal. (1) Inlieu of an inspection approval by the StateFire Marshal or the approved authority of agovernmental subdivision having jurisdictionin an area exempted by the State Fire Mar-shal, under ORS 479.215 for institutions li-censed under ORS 412.001 to 412.161, 418.005to 418.025, 418.205 to 418.315, 418.625 to418.685, 418.647, 441.015 to 441.087, 441.525 to441.595, 441.815, 441.820, 441.990, 442.400 to442.463 or 443.400 to 443.455, the State FireMarshal or the approved authority may issuea temporary permit which meets the require-ments of ORS 479.215 for licensing of suchinstitutions. The temporary permit may beissued only when it appears that:

(a) The facilities for protection from firein an institution are adequate so that the

institution can operate without jeopardizing the health or safety of its residents or pa-tients; and

(b) The institution can comply with allapplicable laws and rules relating to safetyfrom fire within a period of two years fromthe date of issuance of the temporary permit.

(2) In issuing the temporary permit, theState Fire Marshal or approved authority of the governmental subdivision having juris-diction in an exempt area may require that



7/28


8/28


approved and properly functioning smokealarm or smoke detector, installed in accor-dance with the state building code and rulesof the State Fire Marshal.

(2) A hotel shall provide no fewer thanone smoke alarm for persons who are hard

of hearing and one door knock device foreach 75, or fraction thereof, rooms of thehotel that are regularly used for sleeping.

(3) If a person renting a room in a hotelrequests a room with a smoke detector or asmoke alarm for persons who are hard of hearing and a door knock device, the land-lord shall:

(a) Install a portable smoke alarm forpersons who are hard of hearing and a doorknock device; or

(b) Provide the person with a room inwhich a smoke detector or smoke alarm forpersons who are hard of hearing and a doorknock device have been permanently in-stalled.

(4) The landlord may require a guest topay a refundable deposit if the landlord pro-

vides the smoke alarm for persons who arehard of hearing under subsection (3)(a) of this section.

(5) A hotel shall provide a printed noticeof the requirements of subsection (3) of thissection, posted conspicuously at the place of registration or in each guest room. [1979 c.6422; 1989 c.247 2; 1999 c.307 2; 2007 c.70 273]

479.257 Design features required forcertain smoke alarms; rules. (1) Not laterthan January 1, 2002, every smoke alarm in-

stalled in a dwelling unit regulated underORS chapter 90, a lodging house or a hotelguest room, as required under ORS 479.255,shall contain the features described in ORS479.297 (1) and (2).

(2) The State Fire Marshal by rule mayexempt hotels with sprinkler fire suppressionsystems from the requirements of this sec-tion. [1999 c.307 2a]

Note: 479.257 was enacted into law by the Legisla-tive Assembly but was not added to or made a part of ORS chapter 479 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

479.258 Provision of notice of smoke

alarm or smoke detector requirementsfor persons who are hard of hearing;rules. A landlord shall provide notice of therequirements of ORS 479.250 to 479.258,479.280 and 479.295 in a form and manner asspecified by rule by the State Fire Marshal.[1989 c.247 4]

479.260 Transfer of dwelling unit orlodging house without smoke alarm orsmoke detector prohibited. (1) A personmay not convey fee title to any real propertythat includes a dwelling unit or lodging

house, or transfer possession of any dwelling unit or lodging house pursuant to a land salecontract, unless there is installed in thedwelling unit or lodging house a smoke de-tector or the required number of approvedsmoke alarms, installed in accordance withthe state building code and rules of the StateFire Marshal adopted under ORS 479.295.The smoke alarms required by this subsec-tion must meet the requirements of ORS479.297.

(2)(a) A person may not convey owner-ship or transfer possession of any manufac-tured dwelling, as defined in ORS 446.003,unless there is installed in the manufactureddwelling the required number of approvedsmoke alarms or smoke detectors, installedin accordance with the state building codeor with the federal manufactured dwelling construction and safety standards adoptedunder ORS 446.155.

(b) A smoke alarm installed in a manu-factured dwelling that is resold by a personother than the manufacturer or authorizeddealer must meet the requirements of ORS479.297. [1979 c.642 3; 1997 c.647 5; 1999 c.307 3,4;2003 c.655 78]

479.265 Action for unlawful transferof dwelling unit; damages; attorney fees.

Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS479.260 may bring an individual action in anappropriate court to recover actual damagesor $50, whichever is greater. In any actionbrought by a person under this section, thecourt may award to the prevailing party, in

addition to the relief provided in this section,reasonable attorney fees at trial and on ap-peal and costs. Actions brought under thissection must be commenced within one yearof the date of sale or transfer. Notwith-standing the provisions of this section, vio-lation of ORS 479.260 does not affect thetransfer of the title, ownership or possessionof the dwelling unit. [1979 c.642 4; 1981 c.897 56;1995 c.618 77; 2003 c.655 79]

479.270 Owner of rental dwelling unitto supply, install and maintain smokealarm or smoke detector; instructions fortesting to be provided. (1) The owner of any rental dwelling unit or the owners au-thorized agent shall be responsible for sup-plying, installing and maintaining therequired smoke alarms or smoke detectorsand shall provide a written notice containing instructions for testing of the devices. Thenotice shall be given to the tenant at thetime the tenant first takes possession of thepremises.

(2) The duty of the owner or authorizedagent of the owner to maintain the requiredsmoke alarms or smoke detectors, including providing working batteries, arises only:



9/28


(a) Prior to the beginning of every newtenancy when the tenant first takes pos-session of the premises; and

(b) During the tenancy upon written no-tice from the tenant of any deficiency, notincluding replacing dead batteries, as pro-

vided in ORS 479.275.(3) Supplying and maintaining a smokealarm or smoke detector under ORS 479.250to 479.305 shall be considered a habitablecondition under ORS 90.320. [1979 c.642 5; 1993c.369 19; 1999 c.307 6]

479.275 Tenant of rental dwelling unitto test smoke alarm or smoke detectorand replace dead batteries. It shall be theresponsibility of the tenant of any rentaldwelling unit to perform such tests on thesmoke alarms or smoke detectors located ina part of the dwelling unit that the tenant isentitled to occupy to the exclusion of othersas are recommended by the manufacturers

instructions and immediately notify, in writ-ing, the owner or authorized agent of anydeficiencies. Testing intervals shall not ex-ceed six months. It shall also be the respon-sibility of the tenant during the tenancy toreplace any dead batteries, as needed. [1979c.642 6; 1981 c.309 2; 1993 c.369 20; 1999 c.307 7]

479.280 Lack of properly operating smoke alarm or smoke detector; com-plaint; investigation; citation. (1) If arental dwelling unit is not equipped with therequired smoke alarm or smoke detector, orif the smoke alarm or smoke detector is notoperating properly and the owner or theowners authorized agent has not installed a

properly operating smoke alarm or smokedetector within 10 days after receiving writ-ten notice from the tenant of the deficiency,the tenant may file a complaint with theState Fire Marshal or the appropriate officialcharged with the duty of providing fire pro-tection services within the local jurisdiction.

(2) Upon receipt of a complaint filed un-der subsection (1) of this section, the StateFire Marshal or the appropriate local fireofficial shall investigate the alleged violationof ORS 479.250 to 479.305. If the State FireMarshal or appropriate local fire officialfinds that the landlord has failed to install aproperly operating smoke alarm or smoke

detector in the unit under investigation, theState Fire Marshal or local fire official mayissue a citation which shall substantiallyconform to the requirements for a citationunder ORS chapter 153.

(3) In the absence of a complaint fromthe tenant, the State Fire Marshal or an ap-propriate local fire official may initiate thecitation process by presenting the ownerwith a written notice of the deficiency andspecifying a period of not less than 10 daysfor compliance.

(4) If the State Fire Marshal or appropri-ate local fire official finds that the landlordof a hotel or lodging house has failed tocomply with the requirements of ORS 479.255(2) or (3), the State Fire Marshal or local fireofficial may issue a citation which shall sub-stantially conform to the requirements for acitation under ORS chapter 153. [1979 c.642 7;1981 c.309 1; 1989 c.247 6; 1999 c.307 8; 1999 c.1051135]

479.285 Owner to maintain and testcertain smoke alarms and smoke detec-tors. Where the smoke alarm or smoke de-tector is located in a common area of alodging house, the owner or the owners au-thorized agent shall be responsible for main-tenance of the required smoke alarm orsmoke detector and for performing such testsas are recommended by the manufacturerand is not required to provide notice of in-structions under ORS 479.270. Testing inter-

vals shall not exceed six months. [1979 c.6428; 1993 c.369 21; 1999 c.307 9]

479.290 Certain persons not liable fordamages resulting from mechanical fail-ure of smoke alarm or smoke detector.The owner, owners authorized agent, tenant,contract seller or contract purchaser of adwelling unit shall not be held liable in anycivil action for damages for death or injuryto persons or property resulting from themechanical failure of a smoke alarm orsmoke detector required under ORS 479.250to 479.305. [1979 c.642 9; 1999 c.307 10]

479.295 State Fire Marshal to adoptrules setting standards and providing for

implementation of certain laws governing smoke alarms and smoke detectors. Not-withstanding the provisions of ORS 476.030,the State Fire Marshal shall adopt, by rule:

(1) Standards for the installation andmaintenance of smoke alarms and smoke de-tectors as the State Fire Marshal considersnecessary to carry out the purposes of ORS479.250 to 479.305; and

(2) Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2). [1979c.642 10; 1989 c.247 5; 1999 c.307 11; 2001 c.411 22;2011 c.97 8]

479.297 Ionization smoke alarms; re-

quired equipment; exemptions. (1) Allionization smoke alarms sold in this statethat are solely battery-operated shall bepackaged with a 10-year battery.

(2) All ionization smoke alarms sold inthis state shall include a hush mechanismthat allows a person to temporarily disen-gage the alarm for a period of not more than15 minutes.

(3) The provisions of this section do notapply to:



10/28


(a) Smoke alarms specifically designedfor persons who are hard of hearing;

(b) Smoke alarms sold in this state forshipment out of state; or

(c) Smoke alarms sold for installation inrecreational vehicles, commercial vehicles,railroad equipment, aircraft, marine vesselsor manufactured dwellings.

(4) The sale of a recreational vehicle,commercial vehicle, railroad equipment, air-craft, marine vessel or new manufactureddwelling containing a smoke alarm does notconstitute sale of a smoke alarm. [1997 c.6472,3; 1999 c.307 12; 2007 c.70 274]

479.300 Removing or tampering withsmoke alarm or smoke detector prohib-ited. No person shall remove or tamper witha properly functioning smoke alarm or smokedetector installed in conformance with ORS479.250 to 479.305. This prohibition includesremoval of working batteries. [1979 c.642 11;1993 c.369 22; 1999 c.307 13]

479.305 Smoking policy disclosure. (1)Except as provided in subsection (2) of thissection, the rental agreement for a dwelling unit regulated under ORS chapter 90 mustinclude a disclosure of the smoking policy forthe premises on which the dwelling unit islocated. The disclosure must state whethersmoking is prohibited on the premises, al-lowed on the entire premises or allowed inlimited areas on the premises. If the smoking policy allows smoking in limited areas on thepremises, the disclosure must identify theareas on the premises where smoking is al-lowed.

(2) This section does not apply to a rentalagreement subject to ORS 90.505 to 90.840for space in a facility as defined in ORS90.100. [2009 c.127 2]

479.410 [Repealed by 1959 c.406 34]479.420 [Repealed by 1959 c.406 34]479.430 [Repealed by 1959 c.406 34]479.440 [Amended by 1955 c.689 1; 1957 c.429 1;

repealed by 1959 c.406 34]479.450 [Repealed by 1959 c.406 34]

ELECTRICAL SAFETY LAW479.510 Short title. ORS 479.510 to

479.945 and 479.995 may be cited as theElectrical Safety Law. [1959 c.406 1; 1981 c.8152]

479.520 Purpose. The purpose of theElectrical Safety Law is to protect the healthand safety of the people of Oregon from thedanger of electrically caused shocks, firesand explosions and to protect property situ-ated in Oregon from the hazard of elec-trically caused fires and explosions. Toaccomplish this purpose the Legislative As-sembly intends to provide a procedure:

(1) For determining where and by whomelectrical installations are being made andwhere electrical products are sold in thisstate.

(2) To assure the public that personsmaking electrical installations in this state

are qualified by experience and training.(3) To assure the public that electricalinstallations meet minimum safety standardsand that electrical products meet electricalproduct safety standards.

(4) For the administration and enforce-ment of the Electrical Safety Law by theDepartment of Consumer and Business Ser-

vices and the Electrical and Elevator Board.(5) By which the cost of administering

and enforcing the Electrical Safety Law isdefrayed by the collection of fees in con-nection with the issuing of permits and elec-trical licenses and the collection of civilpenalties. [1959 c.406 2; 1981 c.815 3; 1987 c.414 33;1993 c.744 117; 2003 c.299 1; 2011 c.597 220]

479.525 Application of ElectricalSafety Law; uniformity. Except as providedin ORS 479.854, the Electrical Safety Lawshall be applicable and uniform throughoutthis state and in all municipalities, and nomunicipality shall enact or enforce any ordi-nance, rule or regulation relating to thesame matters encompassed by the ElectricalSafety Law. [1983 c.580 3]

479.527 [1985 c.826 2; repealed by 1987 c.874 1]

479.530 Definitions for ORS 479.510 to479.945 and 479.995. As used in ORS 479.510to 479.945 and 479.995, unless the context

requires otherwise:(1) Approved testing laboratory meansa testing laboratory that meets criteria forelectrical product evaluation established bythe Director of the Department of Consumerand Business Services with the approval of the Electrical and Elevator Board under ORS479.730.

(2) Board means the Electrical and El-evator Board established under ORS 455.138.

(3) Certified electrical product meansan electrical product that is certified underORS 479.760 and that is not decertified.

(4) Competent inspection service means

an electrical inspection service of a city orcounty administered under ORS 455.148 or455.150 that employs electrical inspectorswho are certified to meet standards underORS 479.810.

(5) Commercial electrical air condition-ing equipment means heating, cooling, re-frigeration, dehumidifying, humidifying andfiltering equipment used for climatizing ormoving of air if used in commerce, industryor government and if installed in a place notaccessible to the general public other than



11/28


the switches regulating the operation of theequipment.

(6) Demarcation point means the placeof interconnection between the communica-tions cabling, terminal equipment or protec-tive apparatus of the telecommunications

service provider and the customers premises.(7) Department means the Departmentof Consumer and Business Services.

(8) Director means the Director of theDepartment of Consumer and Business Ser-

vices.(9) Dwelling unit means one or more

rooms for the use of one or more persons asa housekeeping unit with space for eating,living and sleeping and permanent provisionsfor cooking and sanitation.

(10) Electrical installations means theconstruction or installation of electrical wir-ing and the permanent attachment or instal-

lation of electrical products in or on anystructure that is not itself an electricalproduct. Electrical installation also meansthe maintenance or repair of installed elec-trical wiring and permanently attached elec-trical products. Electrical installation doesnot include an oil module.

(11) Electrical product means any elec-trical equipment, material, device or appara-tus that, except as provided in ORS 479.540,requires a license or permit to install andeither conveys or is operated by electricalcurrent.

(12) Equipment means any material,fittings, devices, appliances, fixtures, appara-tus or the like that are used as part of or inconnection with an electrical installation.

(13) Field evaluation firm means an in-dependent organization that provides:

(a) Evaluations or testing, or both; and(b) Documentation regarding compliance

with electrical product safety standards andwith the electrical installation safety code.

(14) Industrial electrical equipmentmeans electrical products used in industryor government that utilize electric energy formechanical, chemical, heating, lighting orsimilar purposes, that are designed to serviceor produce a product and that are used di-rectly in the production of the service orproduct.

(15) Installation label means an adhe-sive tag issued by governmental agenciesthat administer the Electrical Safety Law tolicensed electrical contractors for applicationto those minor electrical installations forwhich the board by rule determines to beappropriate for random inspections.

(16) License means a permit issued bythe department under ORS 479.630 authoriz-

ing the person whose name appears as li-censee thereon to act as an electricalcontractor, supervising electrician, journey-man electrician, electrical apprentice or lim-ited elevator journeyman as indicatedthereon.

(17) Minimum safety standards meanssafety standards prescribed by concurrenceof the board and the director under ORS479.730.

(18) Multifamily dwelling means abuilding containing more than one dwelling unit.

(19) Oil module means a prefabricatedstructure manufactured to the specificationsof the purchaser and used outside this statein the exploration for or processing or ex-traction of petroleum products.

(20) Permit means an official documentor card issued by the enforcing agency toauthorize performance of a specified elec-trical installation.

(21) Single family dwelling means abuilding consisting solely of one dwelling unit.

(22) Telecommunications service provider means a telecommunications carrieras defined in ORS 133.721 or a telecommuni-cations utility or competitive telecommuni-cations provider, both as defined in ORS759.005.

(23) Uncertified product means anyelectrical product that is not an electricalproduct certified under ORS 479.760. [1959c.406 3; 1971 c.753 55; 1973 c.834 35; 1981 c.815 4; 1983

c.733 1; 1985 c.826 3; 1987 c.414 34; 1987 c.575 4; 1987c.874 2; 1993 c.744 118; 1995 c.706 1; 1999 c.59 159;1999 c.1031 1; 2001 c.573 16; 2003 c.222 1; 2003 c.2992; 2005 c.435 2; 2007 c.271 3; 2011 c.9 67]

479.540 Exemptions; rules. (1) Exceptas otherwise provided in this subsection, aperson is not required to obtain a license tomake an electrical installation on residentialor farm property that is owned by the personor a member of the persons immediate fam-ily if the property is not intended for sale,exchange, lease or rent. The following applyto the exemption established in this subsec-tion:

(a) The exemption established for a per-

son under this subsection does not exemptthe work performed by the person from hav-ing to comply with the requirements for suchwork under ORS chapter 455 or this chapterand rules adopted thereunder.

(b) If the property is a building used asa residence and is for rent, lease, sale or ex-change, this subsection establishes an ex-emption for work on, alterations to orreplacement of parts of electrical installa-tions as necessary for maintenance of theexisting electrical installations on that prop-



12/28


13/28


14/28


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

(B) Testing equipment used in a labora-tory or hospital.

(C) Commercial electrical air condition-ing equipment.

(D) Prefabricated work performed by anelectrical contractor with licensed electricalpersonnel in the contractors place of busi-ness for assembly on the job site if the workis composed of parts that meet the electricalproduct safety standards established by con-currence of the board and the director.

(b) Notwithstanding paragraph (a) of thissubsection, the board may require any of theproducts described in paragraph (a) of thissubsection to be subject to the certificationrequirements under ORS 479.760 if the boarddetermines that the product or class of pro-ducts has presented a fire or life safety haz-

ard in use. A determination under thisparagraph shall be effective as to any suchproduct or class of products installed afterthe date of the determination becomes final.The board may reinstate any exemption re-moved under this paragraph if the board de-termines that the reasons for the removal of the exemption have been corrected.

(12)(a) ORS 479.610 does not apply to in-stallations of industrial electrical equipmentunless the board determines that the productor class of products may present a fire or lifesafety hazard.

(b) The board may reinstate an exemptionremoved under this subsection if the productqualifies for reinstatement under:

(A) An equipment safety program ap-proved by the board;

(B) Equipment minimum safety standardsestablished by concurrence of the board andthe director;

(C) An evaluation by an approved fieldevaluation firm;

(D) A listing from a nationally recognizedtesting laboratory;

(E) An evaluation of a first model of aproduct by the board; or

(F) Any other method approved by the

board.(13) ORS 479.760 does not apply to elec-

trical equipment that has been installed andin use for one year or more.

(14) A person who holds a limited main-tenance specialty contractor license or alimited pump installation specialty contrac-tor license issued under ORS 479.510 to479.945 or a person who is the employee of such license holder and who is listed withthe board as an employee is not required to

have a journeyman license or supervising electricians license to perform work author-ized under the persons license.

(15) A person is not required to obtain apermit for work on, alterations to or re-placement of parts of electrical installations

as necessary for maintenance of existing electrical installations on residential prop-erty owned by the person or by a member of the persons immediate family. This subsec-tion does not establish an exemption for newelectrical installations or substantial alter-ations to existing electrical installations.

(16) A permit is not required for thoseminor electrical installations for which theboard has authorized an installation label.

(17) A residential home, as defined inORS 443.580, and an adult foster home, asdefined in ORS 443.705, is not a multifamilydwelling and only electrical installationstandards and safety requirements applicableto single family dwellings apply to suchhomes.

(18) The permit requirements of ORS479.550 and the license requirements of ORS479.620 do not apply to cable television in-stallations.

(19) The provisions of any electrical pro-ducts code or rule adopted pursuant to ORS479.510 to 479.945 and 479.995 apply to cableand such products installed as part of a cabletelevision installation.

(20) A person is not required to obtain alicense to make an electrical installation ina prefabricated structure, as defined in ORS455.010, that is designed for residential useand intended for delivery in another state.

(21) As used in this section, smokealarm has the meaning given that term un-der ORS 479.250. [1959 c.406 4; 1973 c.834 36; 1977c.633 1; 1981 c.815 5; 1987 c.575 5; 1987 c.447 107; 1989c.481 1; 1991 c.251 1; 1991 c.334 1; 1993 c.451 1; 1993c.497 1; 1993 c.744 119; 1995 c.553 3; 1995 c.797 1; 1997c.611 1,2; 1999 c.307 23; 1999 c.794 3; 1999 c.1093 17;2001 c.709 1; 2003 c.14 321; 2003 c.222 2; 2003 c.299 3;2003 c.344 1; 2003 c.675 65,66a; 2005 c.310 4; 2005 c.4353]

479.545 License required of state em-ployee; letter of authority. (1) Except asprovided in subsection (2) of this section, noperson is exempted by ORS 479.540 from therequirements under ORS 479.510 to 479.945to have a license to make electrical installa-tions solely on the basis the person is em-ployed by an agency of this state.

(2) Any person issued a letter of author-ity under ORS 479.545 (1985 ReplacementPart) may continue to make electrical in-stallations under ORS 479.510 to 479.945 onproperty owned or controlled by an agencyof the state. [1981 c.815 7; 1985 c.568 1; 1987 c.41434a; 2003 c.14 322]



15/28


16/28


censed supervising electrician qualified pur-suant to ORS 479.630 (2) and to which theappropriate electrical permit has been at-tached;

(b) A temporary installation of less than480 volts made to provide service to a con-

struction site or irrigation pump if the in-stallation is properly grounded and theappropriate electrical permit is attachedthereto;

(c) An installation within a plant or sys-tem of a person who sells electricity. As usedin this paragraph, person who sells elec-tricity does not include small power pro-duction facilities as defined in ORS 758.500(1981 Replacement Part); or

(d) A minor electrical installation forwhich a valid installation label has been is-sued.

(3) Electrical installations energizedwithout inspection pursuant to subsection(2)(a) and (b) of this section must receivefinal inspection as required by ORS 479.510to 479.945.

(4) Notwithstanding ORS 756.040, 756.060and 757.035, the Department of Consumerand Business Services, in consultation withthe Electrical and Elevator Board, may adoptrules regulating the use of a written requestby a licensed supervising electrician as de-scribed in subsection (2)(a) of this section asadequate authority for a person who sellselectricity to energize an electrical installa-tion. [1959 c.406 8; 1981 c.815 11; 1983 c.580 1; 1987c.575 6; 2003 c.14 324; 2007 c.405 1]

479.610 Installation of uncertifiedelectrical product prohibited. Except asprovided under ORS 479.540, a person maynot install an electrical product in con-nection with the persons business unless theproduct is certified under ORS 479.760. [1959c.406 9; 1981 c.815 12; 1995 c.706 2; 2003 c.14 325; 2003c.299 4; 2005 c.435 4]

479.620 Certain electrical license re-quired; electrical installations by unli-censed persons prohibited. Subject to ORS479.540, a person may not:

(1) Without an electrical contractors li-cense, engage in the business of making electrical installations, advertise as or other-wise purport to be licensed to make elec-trical installations or purport to be acting asa business that makes electrical installa-tions.

(2) Except as provided in ORS 479.630(10)(c) and (11)(f), direct, supervise or controlthe making of an electrical installationwithout a supervising electricians license.

(3) Except as provided in subsection (5)of this section, make any electrical installa-tion without a supervising or journeymanelectricians license.

(4) Perform work on an electrical instal-lation as an electrical apprentice without anelectrical apprentices license.

(5) Make any electrical installation on asingle or multifamily dwelling unit not ex-ceeding three floors above grade, as provided

in ORS 479.630 (14), without a limited resi-dential electricians license.(6) Permit or suffer any electrical instal-

lation on property that the person owns,controls, manages or supervises to be madeby a person not licensed to make such aninstallation. [1959 c.406 10; 1983 c.733 2; 1987 c.8743; 1995 c.715 3; 2003 c.675 67; 2007 c.548 1; 2011 c.968]

479.630 Requirements for obtaining li-censes; rules. If the person pays the appli-cable application fee required under ORS479.840 and complies with ORS 479.510 to479.945 and the rules adopted under ORS455.117 and 479.510 to 479.945, the Depart-ment of Consumer and Business Servicesshall issue:

(1) An electrical contractors license toa person engaging in or carrying on a busi-ness of making electrical installations.

(2) A general supervising electricians li-cense to a person who:

(a) Passes a written examination pre-pared by the Electrical and Elevator Boardand administered by the department; and

(b) Submits proof satisfactory to theboard that the person has had at least fouryears of experience as a general journeymanelectrician or its equivalent, as determinedby the board by rule, in installing, maintain-ing and repairing electrical wires and equip-ment.

(3) A limited supervising electricians li-cense to a person who qualifies under thissubsection. A person licensed under thissubsection is authorized to supervise theclass of electrical work included in thebranch of the electrical trade and for whichthe person has passed the examination ad-ministered by the department. A personqualifies under this subsection if the person:

(a) Passes a written examination pre-pared by the board and administered by thedepartment; and

(b) Submits proof satisfactory to theboard that the person has had at least fouryears of specialized experience in a recog-nized branch of the electrical trade on the

journeyman level.(4) A general journeyman electricians li-

cense to a person who:(a) Passes a written examination pre-

pared by the board and administered by thedepartment; and



17/28


(b) Submits proof satisfactory to theboard that:

(A) The person has had at least fouryears of general experience as an apprenticeor its equivalent, as determined by the boardby rule, in installing, maintaining and re-

pairing electrical wires and equipment, in-cluding not fewer than 1,000 hours in wiring on single or multifamily dwelling units; or

(B) If the person is licensed as a limitedresidential electrician under subsection (14)of this section, subsequent to receiving thatlicense, the person has worked for at leasttwo years as a limited residential electricianand subsequent to those two years has com-pleted an additional two years experience asan apprentice or its equivalent, as deter-mined by the board by rule, for that periodof apprenticeship time worked exclusively ininstalling, maintaining and repairing elec-trical wires and equipment in the commercial

and industrial branches of the electricaltrade under the supervision of a licensedelectrical contractor.

(5) A limited journeyman electricians li-cense to a person who qualifies under thissubsection. A person licensed under thissubsection is authorized to perform the classof electrical work included in the branch of the electrical trade for which the person haspassed the examination administered by thedepartment. A person qualifies under thissubsection if the person:

(a) Passes a written examination pre-pared by the board and administered by thedepartment; and

(b)(A) Except as provided in subpara-graph (B) of this paragraph, submits proof satisfactory to the board that the person hashad at least four years of specialized experi-ence as an apprentice or its equivalent, asdetermined by the board by rule, in a recog-nized branch of the electrical trade; or

(B) If applying for licensing as a limited journeyman sign electrician or limited jour-neyman stage electrician, submits proof sat-isfactory to the board that the person hashad at least two years of specialized experi-ence as an apprentice or its equivalent, asdetermined by the board by rule, in the signor stage branch of the electrical trade.

(6) A limited elevator journeyman licenseto a person who qualifies under this subsec-tion. A person licensed under this subsectionis authorized to install, maintain and repairelevators, including all electrical and me-chanical systems. A person qualifies underthis subsection if the person has completedan elevator apprenticeship program, includ-ing both electrical and mechanical training components, approved by the board by ruleand the person submits an application for

licensure to the board in writing. A personissued a license under this subsection is ex-empt from continuing education require-ments established under ORS 455.117 and479.680.

(7) An electrical apprentices license to

a person who has complied with ORS 660.002to 660.210 as an electrical apprentice.(8) An electrical apprentices license to

a trainee toward a limited residentialelectricians license who has complied withORS 660.002 to 660.210 as an electrical ap-prentice.

(9) An electrical apprentices license toa trainee toward a limited journeymans li-cense in a recognized branch of the electricaltrade who is employed by an employer whoalso:

(a) Employs a holder of either a general journeyman electricians license or a limited journeyman electricians license; and

(b) Conducts an electrical training pro-gram in a recognized branch of the electricaltrade approved by the board as being atraining program that will adequately pre-pare the trainee for the limited journeymanslicense.

(10) A limited maintenance electricianslicense to a person who qualifies under thissubsection. A person licensed under thissubsection is authorized to maintain, repairand replace electrical installations, including electrical components, required on the prem-ises of industrial plants, and maintain, repairand replace electrical installations on sys-

tems that are less than 600 volts phase tophase, including electrical components, re-quired on the premises of commercial officebuildings, buildings occupied by the state ora local government entity or facilities desig-nated by the board. The following apply tothis subsection:

(a) A person qualifies under this subsec-tion if the person:

(A) Passes a written examination pre-pared by the board and administered by thedepartment on repair, replacement andmaintenance of equipment of the type andnature normally used in an industrial plant,commercial office building or governmentbuilding and on the use of testing equipment;and

(B)(i) Completes a two-year training pro-gram approved by the board that provides fortraining and supervision of the trainee orapprentice; or

(ii) Submits proof satisfactory to theboard that the person has had sufficient ex-perience and related educational training inthe repair, replacement and maintenance of electrical wiring and equipment of the type



18/28


and nature used in an industrial plant, com-mercial office building or government build-ing, as determined by the board or by anappropriate local apprenticeship committeerecognized by the State Apprenticeship andTraining Council.

(b) An annual inspection of the premisesupon which electrical work is performed bypersons licensed under this subsection shallbe made by the electrical inspector for anannual fee determined by the board by rule,based upon the time required for the inspec-tion, payable to the department.

(c) A person licensed under this subsec-tion may be employed directly by the owner,or owners agent, of any government building or commercial office building. A building owner or owners agent need not be licensedunder this section to supervise a limitedmaintenance electrician.

(d) The department, in consultation withthe board, shall adopt rules defining govern-ment buildings and commercial office build-ings subject to this subsection.

(11) A limited building maintenanceelectricians license to a person who qualifiesunder this subsection. The following apply tothis subsection:

(a) A person licensed under this subsec-tion is authorized to maintain, repair andreplace the following electrical installationsrequired on the premises of commercial of-fice buildings, buildings occupied by the stateor a local government entity or facilitiesdesignated by the board in electrical systems

not exceeding 300 volts to ground:(A) Electrical appliances;(B) Light switches;(C) Light fixtures;(D) Fans;(E) Receptacles; and(F) Fluorescent ballasts.(b) A person qualifies under this subsec-

tion if the person:(A) Passes a written examination pre-

pared by the board and administered by thedepartment on maintenance, repair and re-

placement of equipment of the type and na-ture normally used in a commercial officebuilding or government building and on theuse of testing equipment; and

(B) Submits proof satisfactory to theboard that the person has:

(i) Had sufficient experience in themaintenance, repair and replacement of elec-trical wiring and equipment of the type andnature normally used in a commercial officebuilding or government building; or

(ii) Completed a one-year training course,with classroom and on-the-job training com-ponents approved by the board, on the main-tenance, repair and replacement of electricalwiring and equipment of the type and naturenormally used in a commercial office build-ing or government building.

(c) An annual inspection of the premisesupon which electrical work is performed bypersons licensed under this subsection shallbe made by the electrical inspector for anannual fee determined by the board by rule,based upon the time required for the inspec-tion, payable to the department, or the in-spection shall be performed under anelectrical master permit program.

(d) Building owners may perform workregulated by this subsection and for which alicense is required under this subsectionwithout obtaining a license.

(e) A person who owns more than 50percent of a corporation that controls abuilding is a building owner.

(f) A person licensed under this subsec-tion may be employed by the owner of acommercial office building or the ownersagent. A building owner or owners agentneed not be licensed under this section tosupervise a limited building maintenanceelectrician.

(12) A limited maintenance specialtycontractor license to a person who qualifiesunder this subsection. A person licensed un-der this subsection is authorized to engagein the electrical work related to the repair,service, maintenance, installation or replace-ment of existing, built-in or permanentlyconnected appliances, fluorescent ballasts orsimilar equipment and to employ individualsto engage in that work. This subsection doesnot authorize the installation of appliances,ballasts or other equipment if there is noexisting installation of similar equipment. A person qualifies under this subsection if theperson:

(a) Submits proof satisfactory to theboard that the person has had sufficient ex-perience in the type of work permitted underthe license issued under this subsection; and

(b) Maintains with the board a current

list of all individuals employed by the personto engage in work permitted under this sub-section.

(13) A limited pump installation specialtycontractor license to a person who qualifiesunder this subsection. A person licensed un-der this subsection is authorized to engagein electrical work related to the testing, re-pair, service, maintenance, installation orreplacement of new or existing pump equip-ment for potable or irrigation water systems,sump pumps, effluent pumps and ground wa-



19/28


ter pumps on residential and agriculturalproperty and to employ individuals to engagein such work. A person qualifies under thissubsection if the person:

(a) Submits proof satisfactory to theboard that the person has had sufficient ex-

perience in the type of work permitted underthe license issued under this subsection; and(b) Maintains with the board a current

list of all individuals employed by the personto engage in work permitted under this sub-section.

(14) A limited residential electricians li-cense to a person who qualifies under thissubsection. A person licensed under thissubsection is authorized to perform the classof electrical work included in the branch of the electrical trade for which the person haspassed the examination administered by thedepartment and approved by the board. How-ever, a person licensed under this subsectionshall perform the electrical work allowed bythe license only on single and multifamilydwelling units not exceeding three floorsabove grade. For purposes of this subsection,the first floor of a building is the floor thatis designed for human habitation and thathas 50 percent or more of its perimeter levelwith or above finished grade of the exteriorwall line. A person qualifies under this sub-section if the person:

(a) Has received the same number of hours of electrical safety training as requiredby rule for an electrical apprentice or itsequivalent and has received training in elec-trical theory;

(b) Submits documented proof to theboard of at least two years of apprenticeshipor trainee experience in residential wiring of single and multifamily dwelling units or itsequivalent, as determined by the board byrule; and

(c) Passes a written examination pre-pared by the board and administered by thedepartment.

(15) A limited renewable energy contrac-tor license to a person who:

(a) Employs at least one full-timerenewable energy technician; and

(b) Does not engage in electrical workother than work that may be performed by alimited renewable energy technician. A lim-ited renewable energy contractor may notmake, direct, supervise or control the making of an electrical installation unless the con-tractor is licensed for that activity.

(16) A limited renewable energy techni-cian license to a person who qualifies underthis subsection. A person qualifies for li-censing as a limited renewable energy tech-nician if the person completes a two-year

apprenticeship program and passes an exam-ination approved by the board. A person li-censed under this subsection may, while inthe employ of a licensed electrical contractoror a limited renewable energy contractor:

(a) Install, maintain, replace or repair

electrical wiring and electrical products thatconvey or operate on renewable electricalenergy not exceeding 25 kilowatts AC; and

(b) Make electrical installations not ex-ceeding 25 kilowatts AC:

(A) On devices using renewable energyinvolving wind, solar energy systems, micro-hydroelectricity, photovoltaic systems or fuelcells.

(B) Up to the load side of an inverter.(C) To connect generators that are sized

to facilitate the inverter in an off-grid sys-tem. [1959 c.406 11; 1961 c.693 2; 1963 c.151 1; 1971c.753 19; 1981 c.815 15; 1983 c.733 3; 1987 c.874 4; 1993c.744 121; 1995 c.715 1; 1997 c.139 1; 1997 c.209 1; 1999c.609 1; 1999 c.1031 2; 2001 c.104 218; 2001 c.392 1;2003 c.14 326; 2005 c.758 29; 2007 c.71 157; 2007 c.2714; 2007 c.548 2]

479.632 Applicant training or experi-ence obtained in another state. Notwith-standing any other provision of ORS 479.510to 479.945 or any rule adopted by the Elec-trical and Elevator Board under ORS 455.117,the board may not administer an examinationto, and the Department of Consumer andBusiness Services may not issue any licenseto, a person whose practical experiencequalification for the license is based upontraining or experience in another state if theboard determines that the training or experi-ence is not equivalent to the standards forelectrical training programs prescribed inthis state. [2005 c.758 31]

479.633 [1997 c.209 3; 1999 c.721 1; repealed by 2005c.758 56]

479.635 [1981 c.815 17; 2001 c.728 9; repealed by2005 c.758 56]

479.640 [1959 c.406 12; 1975 c.429 4; 1977 c.873 1;1981 c.815 18; 1985 c.646 1; 2003 c.14 327; repealed by2005 c.758 56]

479.650 [1959 c.406 13; 1963 c.151 2; 1981 c.815 19;1985 c.646 2; 1993 c.744 122; 2003 c.14 328; repealed by2005 c.758 56]

479.655 [1985 c.646 7; repealed by 1987 c.414 172]479.660 [1959 c.406 14; 1971 c.753 20; 1977 c.322 1;

1981 c.815 20; 1993 c.744 123; 2003 c.14 329; repealedby 2005 c.758 56]

479.670 Maintenance of action or suitby unlicensed person prohibited. Except toappeal from an act or determination of theElectrical and Elevator Board, no personcarrying on, conducting or transacting busi-ness regulated by ORS 479.510 to 479.945 and479.995 is entitled to maintain a suit or ac-tion in the courts of this state involving suchbusiness or work in connection therewith,without alleging and proving that the personwas licensed to perform such work or trans-



20/28


act such business. [1959 c.406 15; 1971 c.753 21;1981 c.815 21; 1993 c.744 124]

479.680 Adoption of rules by Electricaland Elevator Board; establishment of continuing education program. The Elec-trical and Elevator Board:

(1) Shall establish, by rule under ORS455.117, a program of continuing educationnecessary for renewal of licenses. The boardmay approve programs for continuing educa-tion that meet standards for continuing edu-cation established by the board under thissubsection.

(2) Shall adopt any rules necessary tocarry out the duties of the board under ORS479.510 to 479.945 and 479.995.

(3) Shall establish rules setting forthequivalent experience necessary to qualifyfor a journeyman license under ORS 479.630.

(4) Shall establish, by rule, proceduresand standards necessary to approve testing laboratories under ORS 479.730 and 479.760.

(5) May establish exemptions by rule ac-cording to authority granted under ORS479.540. [1981 c.815 24; 1993 c.744 125; 2005 c.758 32]

479.710 Electrical installations mustmeet minimum safety standards. (1) Ex-cept as provided in ORS 479.540, no personshall make, supervise or direct the making of an electrical installation which does notmeet minimum safety standards.

(2) Except for a person authorized by the jurisdiction having authority, no person shallremove, transfer, alter or otherwise tamperwith an inspection permit, label, tag or otherindicia of inspection placed on or at an elec-trical job site, electrical installation or elec-trical product. A property owner may removethe construction inspection permit, label ortag if, after all required inspections are com-pleted, the installation is found to be incompliance with the electrical code and hasbeen approved by the inspector having juris-diction. [1959 c.406 16(1); 1981 c.815 22; 1991 c.18 1]

479.720 [1959 c.406 17; repealed by 1981 c.815 40]

479.730 Adoption of rules by Directorof Department of Consumer and BusinessServices. In compliance with ORS chapter183 the Director of the Department of Con-sumer and Business Services, with the ap-proval of the Electrical and Elevator Board,shall adopt reasonable rules:

(1) Establishing, altering or revoking minimum safety standards for workmanshipand materials in various classifications of electrical installations.

(2) Establishing, altering or revoking electrical product safety standards for designand construction of electrical products to beinstalled in this state. The standards may al-low the certification of electrical products

that a testing laboratory approved by the di-rector and the board under ORS 479.760 hastested and found to be safe within the elec-trical product safety standards establishedunder this subsection.

(3) Relating to the procedure for certify-

ing and decertifying electrical products to beinstalled in this state. The Department of Consumer and Business Services, with theapproval of the board, may limit the type of electrical products it accepts for certificationunder ORS 479.760 (3).

(4) Prescribing times, places and circum-stances that permits shall be exhibited forinspection.

(5) Governing the internal organizationand procedure for administering and enforc-ing ORS 479.510 to 479.945 and 479.995.

(6) Establishing, altering, approving orrevoking minimum standards for electricaltraining programs.

(7)(a) Establishing which electrical pro-ducts may be field evaluated by a field eval-uation firm rather than certified;

(b) Establishing cost-based fees, require-ments and procedures for approving, main-taining and suspending or revoking approvalsof field evaluation firms;

(c) Establishing:(A) Requirements and procedures for the

field evaluation of electrical products; and(B) Requirements and procedures for is-

suing field evaluation labels for the electricalproducts evaluated by field evaluation firmsand testing laboratories;

(d) Establishing requirements and proce-dures for preparation of reports regarding installation safety issued by field evaluationfirms;

(e) Establishing when an inspecting ju-risdiction may require a report from a fieldevaluation firm; and

(f) Establishing other requirements asnecessary to carry out this subsection. [1959c.406 19; 1963 c.151 7; 1971 c.753 24; 1981 c.815 25;1993 c.398 1; 1993 c.744 126; 1995 c.706 3; 1999 c.7942; 2001 c.411 23; 2003 c.299 6; 2005 c.435 5]

479.740 Factors to be considered inadopting rules; incorporation of stan-

dards by reference. (1) In adopting rulesunder ORS 479.730 the Department of Con-sumer and Business Services shall consider:

(a) Technological advances in the elec-trical industry.

(b) The practicability of following thestandards under consideration, if adopted.

(c) The probability, extent and gravity of the injury to the public or property whichwould result from failure to follow the stan-dards under consideration.



21/28


(d) Safety standards followed, proposed orapproved by responsible members of theelectrical industry.

(2) After considering the factors in sub-section (1) of this section, the departmentmay incorporate by reference proposed safety

standards of the electrical industry or inde-pendent organizations. The department mayformulate and adopt independent safety stan-dards if standards proposed by the industryand independent organizations are not ac-ceptable to it. [1959 c.406 20,21]

479.760 Certification of electrical pro-ducts; safety indicators. (1) An electricalproduct may not be certified unless theproduct meets electrical product safety stan-dards established in rule by concurrence of the Electrical and Elevator Board and theDirector of the Department of Consumer andBusiness Services.

(2) Any person may apply to have theDepartment of Consumer and Business Ser- vices certify an electrical product. The de-partment shall certify an electrical productif the product is shown to meet electricalproduct safety standards by one of the fol-lowing methods:

(a) An equipment safety program ap-proved by the board;

(b) Equipment minimum safety standardsestablished by concurrence of the board andthe director;

(c) An evaluation by an approved fieldevaluation firm;

(d) A listing from a nationally recognizedtesting laboratory;

(e) An evaluation of a first model of aproduct by the board; or

(f) Any other method approved by theboard.

(3) To have an electrical product certi-fied, a person may submit a specimen, sampleor prototype to the department within a rea-sonable time before the date on which certi-fication will be required, together with a feeset by the department sufficient to defray thecost of shipment and evaluation. The depart-ment shall evaluate the electrical product todetermine whether the product meets elec-

trical product safety standards. Not laterthan six months after receipt of a specimen,prototype or sample the department shallcomplete the required evaluation and give adecision certifying or rejecting the product.The department may appoint a special deputyor enter into an appropriate contract with atesting laboratory approved by the board un-der this section for the evaluation requiredunder this subsection.

(4) The director with the approval of theboard may establish standards and proce-

dures for the approval of testing laboratoriesto test electrical products in the certificationprocess under this section. [1959 c.406 16 (2)and (3),22,23; 1981 c.815 26; 1999 c.794 1; 2001 c.573 17;2003 c.299 5]

479.770 Approved electric ignition pilot

required on certain appliances. No personshall sell or offer for sale in this state anynew gas-fired, forced-air central space heat-ing equipment, clothes dryer, domestic rangeor new gas-fired swimming pool heaters, un-less such equipment, heater, dryer or rangeis equipped with an electric ignition pilotthat complies with the rules of the Depart-ment of Consumer and Business Servicesadopted pursuant to ORS 479.740. [1977 c.6302; 1979 c.197 1; 1981 c.815 27]

479.800 [1971 c.753 23; 1977 c.748 3; 1981 c.815 28;1983 c.740 192; 1987 c.383 1; repealed by 1993 c.744 101]

479.810 Administration and enforce-ment; Chief Electrical Inspector; inspec-tor qualifications; rules. (1) The Electricaland Elevator Board shall administer and en-force ORS 479.510 to 479.945 and 479.995. TheDirector of the Department of Consumer andBusiness Services shall appoint an adequatestaff of competent persons experienced andtrained to serve as electrical inspectors. Theboard shall assist the director in reviewing determinations made by the staff involving electrical installations or products and toassist in formulating rules under ORS479.730.

(2) The director, in consultation with theboard, shall appoint a representative of thedepartments staff of electrical inspectorswho shall serve ex officio as secretary of theboard. This person shall be known as theChief Electrical Inspector.

(3) The director shall certify a person asan electrical inspector if:

(a) The person:(A) Completes a general journeyman

electrical apprenticeship program in Oregon;(B) Has two years experience as a li-

censed electrician in Oregon; and(C) Passes the examination required for

certification as a supervising electrician; or(b) For a person with experience outside

the State of Oregon, the person:(A)(i) Has five years experience in com-

mercial or industrial electrical inspection;and

(ii) Passes the examination required forcertification as a general supervising electri-cian; or

(B) Has six years of out-of-state experi-ence as an electrician and passes the exam-ination required for certification as a generalsupervising electrician.



22/28


(4) The board may, by rule, allow certi-fication of persons as electrical inspectorswith experience or training that does notmeet the requirements specified in subsec-tion (3) of this section.

(5) Rules adopted under this section shall

provide for the recognition of equivalent ex-perience acquired by a person outside theState of Oregon.

(6) An examination taken for purposes of applying for certification as an electrical in-spector under this section shall not be validfor use in an application to become licensedas a supervising electrician. [1959 c.406 18; 1961c.693 3; 1969 c.314 53; 1971 c.753 22; 1977 c.748 4; 1981c.815 30; 1987 c.383 2; 1993 c.574 1; 1993 c.744 127;1997 c.677 3; 2001 c.411 24]

479.815 Inspector conflicts of interest;rules. The Director of the Department of Consumer and Business Services, with theapproval of the Electrical and Elevator

Board, may adopt rules regulating or prohib-iting conflicts of interest for electrical in-spectors in regard to any work performed byan inspector or a related party under a li-cense issued under ORS 479.630. [2003 c.675 64]

479.820 Duties and powers in enforcing law. (1) The Department of Consumer andBusiness Services shall:

(a) Check the authenticity, appropriate-ness and expiration dates of licenses issuedunder ORS 479.510 to 479.945.

(b) Inspect electrical installations andproducts for which a permit or license is re-quired by ORS 479.510 to 479.945.

(c) Inspect permits attached to electricalinstallations or products for which a permitis required by ORS 479.510 to 479.945.

(2) If the department finds that the elec-trical installation or product fails to complywith minimum safety standards or electricalproduct safety standards, the departmentmay disconnect or order the disconnectionof service thereto.

(3) If the department finds that the con-dition of an electrical installation or productconstitutes an immediate hazard to life orproperty, the department may cut or discon-nect any wire necessary to remove such haz-ard or take corrective action as provided byrules adopted under ORS 479.730.

(4) Upon written request of appropriatemunicipal personnel, the department maymake inspections of electrical installationsand products within cities and counties. Suchinspections shall be made at cost, in accor-dance with local municipal ordinances, pay-able on a monthly basis.

(5) For the purpose of discharging anyduty imposed by ORS 479.510 to 479.945 and479.995 or exercising authority conferred

hereby the department may enter, during reasonable hours, any building, enclosure, orupon any premises where electrical work isin progress, where an electrical installationhas been made or where electrical equipmentor products may be located.

(6) A person may not obstruct or inter-fere with the department in performance of any of the departments duties or the exer-cise of any authority conferred under thissection. [1959 c.406 24,25; 1973 c.834 37; 1981 c.8153; 2003 c.14 330; 2003 c.299 7]

479.830 [1959 c.406 26; 1981 c.815 32; 1991 c.734 46;1993 c.744 128; 1999 c.846 2; repealed by 2001 c.411 31]

479.835 Recovery of purchase price of product not meeting applicable laws. Anyperson who purchases an electrical productmay recover the purchase price from theseller if the electrical product does not meetall applicable state and federal law and thepurchaser returns the electrical productwithin 90 days from the date of purchase.[1981 c.815 14; 2001 c.411 25; 2005 c.435 6]

479.840 Fees; rules; means to guaran-tee payment. (1) Upon receiving payment of the applicable application fee, the Depart-ment of Consumer and Business Servicesmay issue or renew a license or permit ap-plied for under ORS 479.510 to 479.945. Thefee to apply for or renew a license is:

(a) $125 per year for an electrical con-tractor license for each place of business op-erated by the applicant.

(b) $125 per year for a limited energycontractor, restricted energy contractor orlimited sign contractor license.

(c) $25 per year for a pump specialtycontractor or limited maintenance specialtycontractor license.

(d) $150 per year for an elevator contrac-tor license.

(e) $100 for a three-year license for a:(A) General journeyman electrician;(B) General supervising electrician;(C) Limited supervising industrial elec-

trician;(D) Limited supervising manufacturing

plant electrician;(E) Limited maintenance industrial elec-

trician;(F) Limited maintenance manufactured

dwelling or recreational vehicle electrician;or

(G) 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;



23/28


(C) Limited journeyman sign electrician;(D) Limited journeyman stage electrician;

or(E) Limited building maintenance electri-

cian.(2) The Electrical and Elevator Board

shall set uniform permit fees, by rule, not toexceed the cost of administration.

(3) The fees provided for in this sectiondo not apply to persons paying inspectionfees under the terms of ORS 479.560 (3) or479.630 (10).

(4) Each electrical contractor

oregon revised statutes division 479

Documents