479.010 [Subsection (4) enacted as 1953 c.569 §1; 1963 c.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]
PROTECTION OF BUILDINGS FROM FIRE
Oregon Revised Statutes
PROTECTION OF BUILDINGS FROM FIRE
It shall be unlawful for any person to smoke cigars, cigarettes or tobacco in any form or to ignite any substance in an elevator used by the public. A “No Smoking” sign shall be posted and maintained in a conspicuous place on or within any elevator operated in accordance with subsection (1) of this section, pursuant to rules of the State Fire Marshal. Any …
As used in this section, “director” means the Director of the Department of Consumer and Business Services. Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other buildi…
In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code. Fire officials who review plans, new construction, alterations and specifications from a uniform fire code sha…
As used in ORS 479.168 to 479.190 and 479.990: “Alter” in its various modes and tenses and its participial forms refers to an alteration. “Alterations,” as applied to a building or structure, means any change, addition or modification in construction or occupancy. “Construction” means the making, building, alteration, erection, reconstruction, rebuilding …
If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especiall…
If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS 476.030, 479.170, 479.210 to 479.220, 480.123 to 480.160, 480.310 to 480.385, 480.420 to 480.434 or 480.450 and desires a hearing, the person may complain or appeal in writing to the State Fire Marshal within 10 days from the service of the order. The …
Anyone whose person or property is injured by reason of the failure of the owner or occupant to comply with any order under ORS 479.170 not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, or by any fire originating in the building or premises while the order is in effect and not complied with, may recove…
As used in this section, “assembly occupancy” means the use of a building or structure, or a portion of a building or structure, in a manner that is classified as an Assembly Group A occupancy under the structural specialty code described in ORS chapter 455. If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved author…
Any public building, as defined in ORS 479.168, erected after July 1, 1967, must have a readily available fire protection water supply. The State Fire Marshal shall adopt rules for determining the fire protection water supply for a public building. INSPECTION OF INSTITUTIONS
As used in ORS 479.215 to 479.220, unless the context requires otherwise, “institution” means: A child-caring facility that provides residential care and that receives state aid under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to 418.685, 418.647 and 418.950 to 418.970; An inpatient care facility required to b…
Except as provided in subsection (3) of this section or in ORS 479.217, the Department of Human Services or the Oregon Health Authority may not issue an initial license or an initial certificate of approval to any institution when the State Fire Marshal, or an approved representative as provided in subsection (3) of this section, notifies in writing that the…
In lieu of an inspection approval by the State Fire Marshal or the approved authority of a governmental subdivision having jurisdiction in an area exempted by the State Fire Marshal, under ORS 479.215 for institutions licensed under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to 418.685, 418.647, 418.950 to 418.9…
When application is made for the initial issuance or reinstatement of a license or certificate of approval to operate and maintain an institution, or for an enlargement or addition to a licensed or approved institution, the licensing agency shall notify in writing the State Fire Marshal, and the State Fire Marshal or deputy, or the approved authority in the …
As used in ORS 479.250 to 479.305, unless the context requires otherwise: “Door knock alerting device” or “door knock device” means an approved electronic unit that alerts an occupant who is hard of hearing of a knock on the door of the sleeping room that the person who is hard of hearing is occupying. “Dwelling unit” means a structure or part of a structu…
Every dwelling unit regulated under ORS chapter 90, every lodging house and every hotel guest room shall contain an approved and properly functioning smoke alarm or smoke detector, installed in accordance with the state building code and rules of the State Fire Marshal. A hotel shall provide no fewer than one smoke alarm for persons who are hard of hearing …
Not later than January 1, 2002, every smoke alarm installed in a dwelling unit regulated under ORS chapter 90, a lodging house or a hotel guest room, as required under ORS 479.255, shall contain the features described in ORS 479.297 (1) and (2). The State Fire Marshal by rule may exempt hotels with sprinkler fire suppression systems from the requirements of…
A landlord shall provide notice of the requirements of ORS 479.250 to 479.258, 479.280 and 479.295 in a form and manner as specified by rule by the State Fire Marshal.
A person may not convey fee title to any real property that includes a dwelling unit or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or the required number of approved smoke alarms, installed in accordance with the…
Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260 may bring an individual action in an appropriate court to recover actual damages or $50, whichever is greater. In any action brought by a person under this section, the court may award to the prevailing party, in addition to the relief provided in this section, reas…
The owner of any rental dwelling unit or the owner’s authorized agent shall be responsible for supplying, installing and maintaining the required smoke alarms or smoke detectors and shall provide a written notice containing instructions for testing of the devices. The notice shall be given to the tenant at the time the tenant first takes possession of the pr…
It shall be the responsibility of the tenant of any rental dwelling unit to perform such tests on the smoke alarms or smoke detectors located in a part of the dwelling unit that the tenant is entitled to occupy to the exclusion of others as are recommended by the manufacturer’s instructions and immediately notify, in writing, the owner or authorized agent of…
If a rental dwelling unit is not equipped with the required smoke alarm or smoke detector, or if the smoke alarm or smoke detector is not operating properly and the owner or the owner’s authorized agent has not installed a properly operating smoke alarm or smoke detector within 10 days after receiving written notice from the tenant of the deficiency, the ten…
Where the smoke alarm or smoke detector is located in a common area of a lodging house, the owner or the owner’s authorized agent shall be responsible for maintenance of the required smoke alarm or smoke detector and for performing such tests as are recommended by the manufacturer and is not required to provide notice of instructions under ORS 479.270. Testi…
The owner, owner’s authorized agent, tenant, contract seller or contract purchaser of a dwelling unit shall not be held liable in any civil action for damages for death or injury to persons or property resulting from the mechanical failure of a smoke alarm or smoke detector required under ORS 479.250 to 479.305.
Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule: Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.305; and Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2).
All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery. All ionization smoke alarms sold in this state shall include a “hush” mechanism that allows a person to temporarily disengage the alarm for a period of not more than 15 minutes. The provisions of this section do not apply to: Smoke ala…
No person shall remove or tamper with a properly functioning smoke alarm or smoke detector installed in conformance with ORS 479.250 to 479.305. This prohibition includes removal of working batteries.
Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited area…
ELECTRICAL SAFETY LAW
ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law.
The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To accomplish this purpose the Legislative Assembly intends to provide a procedure: Fo…
Except as provided in ORS 479.854, the Electrical Safety Law shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the Electrical Safety Law.
As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise: “Approved testing laboratory” means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services with the approval of the Electrical and Elevator Board under ORS 479.730. “Board”…
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 su…
Except as provided in subsection (2) of this section, no person is exempted by ORS 479.540 from the requirements under ORS 479.510 to 479.945 to have a license to make electrical installations solely on the basis the person is employed by an agency of this state. Any person issued a letter of authority under ORS 479.545 (1985 Replacement Part) may continue …
Except as provided in ORS 479.540, no person shall work on any new electrical installation for which a permit has not been issued. The Electrical and Elevator Board shall adopt by rule provisions to require a city or a county to issue a temporary permit to be used for emergency or unanticipated work which will be valid for seven days to a licensed electrica…
The Department of Consumer and Business Services or a designated agent shall issue a permit to: Any applicant who has complied with ORS 479.510 to 479.945 and the rules issued thereunder, covering an electrical installation to be made on residential or farm property owned by the applicant or a member of the applicant’s immediate family as allowed under ORS …
Notwithstanding ORS 479.560 (3), if a municipality does not elect to provide master electrical inspection permits, the municipality shall, upon request of the owner or operating manager or electrical contractor of the facility otherwise entitled to master permit services under ORS 479.560 (3), issue a master individual inspection permit and provide electrica…
Except as provided in subsection (2) of this section, a person who sells electricity may not energize an electrical installation unless the installation is first approved by an inspector authorized to perform inspections under ORS 479.510 to 479.945. Subsection (1) of this section does not apply to: An installation for which a written request to energize h…
Except as provided under ORS 479.540, a person may not install an electrical product in connection with the person’s business unless the product is certified under ORS 479.760.
Subject to ORS 479.540, a person may not: Without an electrical contractor’s license, engage in the business of making electrical installations, advertise as or otherwise purport to be licensed to make electrical installations or purport to be acting as a business that makes electrical installations. Except as provided in ORS 479.630 (10)(c) and (11)(f), d…
If a person pays the applicable application fee required under ORS 479.840 and complies with ORS 479.510 to 479.945 and the rules adopted under ORS 455.117 and 479.510 to 479.945, the Department of Consumer and Business Services shall issue: An electrical contractor’s license to a person engaging in or carrying on a business of making electrical installatio…
Notwithstanding any other provision of ORS 479.510 to 479.945 or any rule adopted by the Electrical and Elevator Board under ORS 455.117, the board may not administer an examination to, and the Department of Consumer and Business Services may not issue any license to, a person whose practical experience qualification for the license is based upon training or…
Except to appeal from an act or determination of the Electrical and Elevator Board, no person carrying on, conducting or transacting business regulated by ORS 479.510 to 479.945 and 479.995 is entitled to maintain a suit or action in the courts of this state involving such business or work in connection therewith, without alleging and proving that the person…
The Electrical and Elevator Board: Shall establish, by rule under ORS 455.117, a program of continuing education necessary for renewal of licenses. The board may approve programs for continuing education that meet standards for continuing education established by the board under this subsection. Shall adopt any rules necessary to carry out the duties of th…
Except as provided in ORS 479.540, no person shall make, supervise or direct the making of an electrical installation which does not meet minimum safety standards. Except for a person authorized by the jurisdiction having authority, no person shall remove, transfer, alter or otherwise tamper with an inspection permit, label, tag or other indicia of inspecti…
In compliance with ORS chapter 183 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules: Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations. Establishing, altering or…
In adopting rules under ORS 479.730 the Department of Consumer and Business Services shall consider: Technological advances in the electrical industry. The practicability of following the standards under consideration, if adopted. The probability, extent and gravity of the injury to the public or property which would result from failure to follow the stan…
An electrical product may not be certified unless the product meets electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services. Any person may apply to have the Department of Consumer and Business Services certify an electrical product. The …
No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that complies with the rules of the Department of Consumer and Business Services ado…
The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. The board shall assist the director in reviewing determinations made by the staff in…
The Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, may adopt rules regulating or prohibiting conflicts of interest for electrical inspectors in regard to any work performed by an inspector or a related party under a license issued under ORS 479.630.
The Department of Consumer and Business Services shall: Check the authenticity, appropriateness and expiration dates of licenses issued under ORS 479.510 to 479.945. Inspect electrical installations and products for which a permit or license is required by ORS 479.510 to 479.945. Inspect permits attached to electrical installations or products for which a…
Any person who purchases an electrical product may recover the purchase price from the seller if the electrical product does not meet all applicable state and federal law and the purchaser returns the electrical product within 90 days from the date of purchase.
Upon receiving payment of the applicable application fee, the Department of Consumer and Business Services may issue or renew a license or permit applied for under ORS 479.510 to 479.945. The fee to apply for or renew a license is: $125 per year for an electrical contractor license for each place of business operated by the applicant. $125 per year for a l…
Fees collected by a city or county for the enforcement or administration of the electrical specialty code and rules adopted under ORS 479.730 (1) shall be used only for the enforcement and administration of those laws.
All receipts from civil penalties, fees, charges, costs and expenses provided for in ORS 455.895 (1)(b), 479.510 to 479.945, 479.990 and 479.995 when collected shall be: Paid into the Consumer and Business Services Fund created by ORS 705.145; and Used only for the enforcement and administration of ORS 479.510 to 479.945 and 479.995.
If any person is aggrieved by a decision made upon inspection under authority of ORS 455.148, 455.150 or 479.510 to 479.945 and 479.995 of an electrical product or electrical inspection, the person may appeal the decision. The following apply to an appeal under this section: An appeal under this section is subject to ORS chapter 183. An appeal under this s…
A municipality may enact and enforce an ordinance requiring a municipal general supervising electrician’s license upon the approval of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services. The Electrical and Elevator Board and director may approve an ordinance under subsection (1) of this section only if ele…
In addition to the provisions of ORS 455.010 to 455.310 and 455.410 to 455.740, any inspection and enforcement program established by a city or county under ORS 455.148 or 455.150 is subject to the provisions of this section. Where the provisions of this section conflict with provisions under ORS 455.010 to 455.310 and 455.410 to 455.740, the provisions of t…
Notwithstanding any other provision of law, a person who is the holder of a supervising electrician’s license: Who is employed by the holder of an electrical contractor’s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or Who is employed by …
The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format. Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.…
For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise: “Class A limited energy technician” means a person licensed to install, alter and repair all limited energy systems. “Class B limited energy technician” means a person licensed to install, alter and repair all limited energy systems that do not include prot…
Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905. A person licensed under…
An applicant for a Class B limited energy technician license must: Submit proof satisfactory to the Electrical and Elevator Board that the person has: At least two years of experience as an apprentice in limited energy electrical activity; or At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and complet…
The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code: Prewiring of cable television and telephone systems owned by the owner of the residence; Garage door openers; Vacuum systems; Audio and stereo systems…
The licensure provisions of ORS 479.905 to 479.945 do not apply to the employees of a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005, cooperative corporation organized under ORS chapter 62 or unincorporated association providing intrastate telecommunications service in Oregon engaged in the course of emp…
A restricted energy contractor’s license is created for persons engaged in HVAC and such other categories as established by the Electrical and Elevator Board by rule under ORS 455.117. A person licensed as a restricted energy contractor under this section and the person’s employees may install, alter, maintain, replace or repair electrical wiring and electr…
As used in this section, “equivalent training program” has the meaning given that term in ORS 283.410. The Electrical and Elevator Board shall approve the Electric Vehicle Infrastructure Training Program (EVITP), and review equivalent training programs for consideration, as a continuing education program that meets the continuing education standards establi…
Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the Director of the Department of Consumer and Business Services shall adopt rules establishing, amending or repealing minimum safety standards for workmanship and materials for, and the design and construction of electrical products used in, traction electrification and electrical communications a…
Any owner or occupant of any building or premises who fails to comply with any order provided for in ORS 479.170 and not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, shall be punished by a civil penalty of not more than $500 for each violation. All penalties, fees or forfeitures collected under the pr…
The Electrical and Elevator Board may impose a civil penalty for a violation of ORS 479.510 to 479.945 or rules adopted for the administration or enforcement of ORS 479.510 to 479.945 and this section. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. _______________