building codes division - oregon...building codes division 1535 edgewater street nw p.o. box 14470...

Building Codes Division 1535 Edgewater Street NW

P.O. Box 14470 Salem, OR 97309-0404

503-378-4133 Fax: 503-378-2322 Oregon.gov/bcd

Kate Brown, Governor

State Plumbing Board Meeting agenda

Thursday, December 14, 2017, 9:30 a.m.

Conference Room A

Board meetings are temporarily

not available live via the Internet

I. Board business

A. Call to order

B. Roll call

C. Approval of agenda and order of business

D. Approval of the October 19, 2017, draft board meeting minutes

E. Date of the next regularly scheduled meeting: February 15, 2018

II. Public comment This time is available for individuals wanting to address the board on non-agenda items only. The board will not

take action on non-agenda items raised under public comment at this meeting. Testimony on agenda items will be

heard when the item is called. (See "Issues to remember when addressing board" at the end of this agenda.)

III. Reports A. Plumbing program update

B. Consideration of Final Order In the Matter of High Desert Plumbing, Remodeling &

Locating LLC, Case No. C2017-0209

C. Consideration of Final Order In the Matter of Robert Snyder, dba High Desert Plumbers

and dba High Desert Plumbing and Remodeling, Case No. C2017-0171

D. Consideration of Final Order In the Matter of Tom Toepfer, Case No C2017-0265

E. Consideration of Final Order In the Matter of William G. Lightner dba William Lightner

Remodel and More, Case No. C2017-0124

F. Summary of enforcement actions previously taken by the division outlined in the

enforcement board report (No board action required)

IV. Communications - None

V. Appeals - None

VI. Unfinished business - None

VII. New business

A. Board review and provide a recommendation for plumbing licensing exemption

http://www.oregon.gov/bcd/boards/Pages/plumbing.aspx

B. Board review and approve committee recommendations on new continuing education

course and instructor applications

VIII. Announcements – None

IX. Adjournment

Issues to remember when addressing the board:

All public participation is subject to the discretion of the board chair for order of testimony, length and

relevance.

Speakers are generally limited to five minutes.

Please register on the attendance registration form and on the public testimony registration form, listing

the appropriate agenda item.

The board chair will call you to the front testimony table.

Please state your name and the organization you represent (if any).

Always address your comments through the chair.

If written material is included, please provide 20 three-hole-punched copies of all information to the

boards coordinator prior to the start of the meeting and, when possible, staff respectfully requests an

electronic copy of materials 24 hours prior to the meeting.

Interpreter services or auxiliary aids for persons with disabilities are available upon advance request. Persons making presentations including the

use of video, DVD, PowerPoint, or overhead projection equipment are asked to contact boards coordinator 24 hours prior to the meeting. For

assistance, please contact Debi Barnes-Woods at 503-378-6787.

Please do not park vehicles with "E" plates in "customer only" spaces.

Note: For information regarding re-appointments or board vacancies, please visit the governor’s website.

mailto:[email protected]

mailto:[email protected]

http://www.oregon.gov/gov/admin/Pages/How_To_Apply.aspx

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State Plumbing Board Regular meeting minutes

October 19, 2017

Members present: Travis Argue - Journeyman plumber, Chair Matthew Rozzell - Building official, Vice-chair Craig Anderson - Registered plumbing contractor Melissa Gitt – Plumbing inspector Molly Keller – Employee of the Oregon Health Authority Members absent: Vacant - Mechanical engineer Vacant - Member of the general public Staff present: Brett Salmon, manager, Policy and Technical Services

Andy Skinner, plumbing program chief, Policy and Technical Services Alana Cox, senior policy advisor, Policy and Technical Services Shannon Flowers, contested case representative, Enforcement Services Marcus Stovall, plumbing program assistant chief, Training Center Richard Baumann, policy analyst, Policy and Technical Services Debi Barnes-Woods, boards administrator, Policy and Technical Services

Guests present: Pam Ditty, Mike Ditty LLC Brad Senecaut, City of Hillsboro Jack Applegate, NWCP

TJ Mabinvon, enforcement investigator, Enforcement Services Tracey Weidner, enforcement investigator, Enforcement Services

I. Board business A. Call to order

Chairman Travis Argue called the State Plumbing Board meeting of October 19,

2017, to order at 9:30 a.m. The meeting was held at the Building Codes Division

in Conference Room A, 1535 Edgewater Street NW, Salem, Oregon.

B. Roll call All members present in Conference Room A. This board has two vacant positions: Member of the general public, and a

registered mechanical engineer.

C. Approval of agenda and order of business Chair Argue ruled the agenda and order of business approved. D. Approval of the August 17, 2017, draft board meeting minutes Chair Argue ruled the draft minutes of August 17, 2017, final. E. Date of the next regularly scheduled meeting: December 14, 2017.

Agenda

Item

I.D.

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II. Public comment - None

III. Reports A. Program update

Andy Skinner, plumbing program chief, Policy and Technical Services, discussed

a few ongoing issues:

2017 Oregon Plumbing Specialty Code books will be available by the first

week in November

2017 code change classes availability for inspectors in the months of

October, November, and December of 2017. Then repeat classes in

January, February, March and April of 2018

B. Summary of enforcement actions previously taken by the division outlined

on the enforcement board report. (No board action required)

Informational item. No board discussion concerning what is listed on the

summary report.

Andrea Simmons, manager, Enforcement Services, took a few moments to

discuss the daily routine of the division’s industry enforcement investigators. TJ

Mabinvon, Tracey Weidner, and Michael Weaver. Each investigator has a

specific route in the Portland metro area, the coastal range, Central Oregon, and

Eastern Oregon. With the help of these industry investigators, a total of 340 cases

were opened for 2016 and a total of 388 cases were opened in 2017. For plumbing

related cases alone, 130 cases were opened in 2016 and a total of 99 cases were

opened in 2017.

D. Conditioned licenses, enforcement actions previously taken by the division

outlined in the enforcement board report (No board action required)

Informational item. No board discussion.

IV. Communication - None V. Appeals - None VI. Unfinished business - None VII. New business

A. Board review and provide a recommendation to the Administrator for an amendment to Section 1007 of the 2017 Oregon Plumbing Specialty Code (OPSC) and the adoption of ASSE 1072-2007 regarding barrier type floor drain trap seal protection devices Richard Baumann, policy analyst, Policy and Technical Services, introduced the item and reminded the board that this was brought before them as an alternate method February of 2017. The division received advice from legal counsel to process the request through rulemaking instead of the alternate method process. The language used in the alternate method was extracted and if approved by this board, will be placed in the body of the code. Because the scope of the device also includes residential structures, if the board chooses to move forward with the

http://www.oregon.gov/bcd/inspector-training/Pages/code-change-reg.aspx

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proposed code change, the Residential and Manufactured Structures Board will also be looking at the item.

Motion by Travis Argue to approve ASSE 1072-2007 based upon action taken at

the February 16, 2017, board meeting and the proposed code language, and forward to the Administrator for rulemaking and subsequent adoption, with the finding that the added cost, if any, is necessary to the health and safety of the occupants or the public or necessary to conserve scarce resources. In addition, recommend that the Residential and Manufactured Structures Board approve the proposed language where it relates to low-rise residential plumbing provisions.

Motion carried unanimously B. Board review and approve committee recommendations on new continuing

education course and instructor applications Vice-chair Matthew Rozzell said he received an email from Mike Ditty LLC requesting that the board approve his classes denied by the Continuing Education Committee.

Richard Baumann said the committee did not receive all the material for review from Mike Ditty LLC. The committee notified the provider that the live classes would be approved but needed all the applications and the completed correspondence courses for review and not just one as an example. To his knowledge, the provider did not provide the committee with all the material needed for a proper review. Mr. Baumann said that the committee follows certain criteria for the review process set forth in Oregon Rule and Law for all providers. The correspondence courses for Mike Ditty LLC, are in the pending category with the committee waiting for the additional information needed to complete its review.

Pam Ditty, Mike Ditty LLC, said that once she was notified of needing to submit

a separate application for correspondence courses, she drove to Building Codes Division on September 5, 2017, and handed staff a thumb drive of all proposed correspondence courses. She added that the submission was in a timely manner. Ms. Ditty asked the board to approve the correspondence courses based on prior division approval and the fact that nothing has changed in the courses.

Mr. Baumann said that letters were sent out to all providers in advance of a new

code cycle asking that providers send all needed material to the division at least six weeks in advance of the deadline to allow the committee members sufficient time to review all materials. Mr. Baumann did not have a copy of the letter sent to all providers but noted he would like to review all dates and timelines with Ms. Ditty following the meeting. Mr. Baumann said that the provider submitted 16 courses that were listed as both live and correspondence. As per board policy, providers submitting correspondence courses must submit the complete course. None of the applications submitted had correspondence courses attached, therefor only the live classes were approved by committee.

Motion by Craig Anderson to approve the committee’s recommendations for

approval or denial of courses or instructors. Motion carried unanimously.

VIII. Announcements - None

IX. Adjournment

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The meeting was adjourned at 10:04 a.m.

Respectfully submitted by Debi Barnes-Woods, boards administrator/coordinator.

State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Sarah Blam, contested case representative, Enforcement Services Subject: Final Order for Case No. C2017-0209, In the Matter of High Desert Plumbing,

Remodeling & Locating LLC Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On June 9, 2017, the Building Codes Division (division), acting on behalf of the State Plumbing Board (board), issued a Notice of Proposed Denial of Application for Plumbing Contractor License (Notice) to High Desert Plumbing, Remodeling & Locating LLC (Respondent). The Notice proposed denying the Respondent’s plumbing contractor license because Respondent:

1. Has been subject to disciplinary action by the Construction Contractors Board (CCB);

2. Has failed to pay a civil penalty to the CCB; and

3. Has an officer with an outstanding obligation to pay a civil penalty to the division under

ORS 455.895.

On or about June 27, 2017, Respondent requested a hearing.

On August 18, 2017, division Contested Case Representative Anthony Estrada filed the division’s Motion for Summary Determination and its supporting documents. On September 5, 2017, Respondent filed a response by the established deadline. On September 19, 2017, Administrative Law Judge Samantha A. Fair issued a Ruling on Motion for Summary Determination and Proposed Order affirming the Notice of Proposed Denial of Application for Plumbing Contractor License.

Agenda Item III.B.

In the Matter of High Desert Plumbing, Remodeling & Locating LLC - OAH Case No. 2017-ABC-00712 Ruling on Motion for Summary Determination and Proposed Order Page 1 of 7

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF OREGON

for the BUILDING CODES DIVISION STATE PLUMBING BOARD

IN THE MATTER OF: HIGH DESERT PLUMBING, REMODELING & LOCATING LLC

) ) ) ) ) )

RULING ON MOTION FOR SUMMARY DETERMINATION AND PROPOSED ORDER OAH Case No. 2017-ABC-00712 Agency Case No. C2017-0209

HISTORY OF THE CASE On June 9, 2017, the Building Codes Division (Division) State Plumbing Board (Board) issued a Notice of Proposed Denial of Application for Plumbing Contractor License to High Desert Plumbing, Remodeling & Locating LLC (High Desert). On June 27, 2017, High Desert requested a hearing. On June 27, 2017, the Division referred the matter to the Office of Administrative Hearings (OAH). The OAH assigned Administrative Law Judge (ALJ) Samantha A. Fair to preside at hearing. On July 21, 2017, ALJ Fair convened a telephone prehearing conference. Attorney Glen Mark appeared on behalf of High Desert. Duane Snyder also appeared on behalf of High Desert. The Division appeared and was represented by Anthony Estrada. ALJ Fair scheduled the hearing for November 2, 2017,1 and set deadlines for submission of motions, witness lists and exhibits. On August 17, 2017, the Board issued an Amended Notice of Proposed Denial of Application for Plumbing Contractor License to High Desert. On August 18, 2017, the Division filed a Motion for Summary Determination (Motion). On September 5, 2017, High Desert filed a Response to Agency Motion for Summary Determination (Response).2

1 ALJ Fair, with the parties’ agreement, consolidated this matter for hearing with a related matter, OAH Case No. 2017-ABC-00786. 2 In the Response, Mr. Mark noted that the Motion was postmarked August 21, 2017. However, as provided at the prehearing conference, the Division’s documents are considered filed on the date that they are uploaded to the OAH’s electronic case management system, which happened on August 18, 2017. Even if the filing date was based upon the postmark date, the Motion would still have been timely filed as the Division had until September 1, 2017 to file the Motion. Additionally, ALJ Fair provided a deadline of September 15, 2017 for the filing of a response; therefore, if Mr. Mark felt he needed more time to produce the response, he still had an additional 10 days.


ISSUES

1. Whether there are any genuine issues as to any material facts and, if not, whether the Division is entitled to a favorable ruling as a matter of law. OAR 137-003-0580.

2. Whether the Board should deny High Desert’s application for a plumbing contractor license. ORS 455.129.

DOCUMENTS CONSIDERED

For purposes of the issuance of this ruling and proposed order, the ALJ considered the following:

• The Motion and Exhibits A through E, submitted by the Division;

• The Response and Exhibits 1 through 2, submitted by High Desert; and

• The pleadings.

SATEMENT OF FACTS

1. On April 17, 2017, High Desert registered as a domestic limited liability company with the Corporation Division of the Oregon Secretary of State. Traci Beck and Duane Snyder are members of High Desert. (Exs. D at 1-3; E at 2.) 2. On May 30, 2017, Ms. Beck completed a Contractor/Business License Application to file with the Division for High Desert to obtain a plumbing contractor license. (Ex. A at 1-2.) 3. On December 23, 2015, the Board issued a Final Order against Mr. Snyder, dba High Desert Plumbing and Remodeling. In the Final Order, the Board found that Mr. Snyder had violated ORS 693.030 by engaging in the trade of a journeyman plumber without a license; violated OAR 918-780-0065 by performing plumbing work without first obtaining a permit; and violated ORS 447.040(1) by working as a plumbing contractor and advertising as a plumbing contractor without a license. Pursuant to ORS 455.895, the Final Order included the assessment of civil penalties in the total amount of $9,000 against Mr. Snyder. (Ex. B at 1-4.) In October 2016, the Oregon Department of Business and Consumer Services (DCBS) sent Mr. Snyder the paperwork that would allow him to obtain a payment plan for this assessment. As of July 2017, Mr. Snyder has not returned the paperwork and has not made any other attempts to arrange for payment on this assessment. As of July 27, 2017, Mr. Snyder still owes the $9,000 of the original assessment plus an additional $918.73 in interest. (Ex. C at 1-2.) 4. On May 31, 2017, the Construction Contractors Board (CCB) took disciplinary action against High Desert by issuing a Final Order assessing High Desert a total of $11,200 in civil penalties. The CCB took this action based upon High Desert’s performance of work without a CCB license and its advertisement/bid for work without a CCB license. As of July 24, 2017,


these civil penalties remained unpaid. (Ex. E at 1, 4.)

CONCLUSIONS OF LAW 1. There are no genuine issues as to any material facts and the Division is entitled to a favorable ruling as a matter of law. 2. The Board should deny High Desert’s application for a plumbing contractor license.

OPINION Standard of Review for Motion for Summary Determination OAR 137-003-0580 addresses motions for summary determination. It provides, in relevant part:

(6) The administrative law judge shall grant the motion for a summary determination if: (a) The pleadings, affidavits, supporting documents (including any interrogatories and admissions) and the record in the contested case show that there is no genuine issue as to any material fact that is relevant to resolution of the legal issue as to which a decision is sought; and (b) The agency or party filing the motion is entitled to a favorable ruling as a matter of law. (7) The administrative law judge shall consider all evidence in a manner most favorable to the non-moving party or non-moving agency. (8) Each party or the agency has the burden of producing evidence on any issue relevant to the motion as to which that party or the agency would have the burden of persuasion at the contested case hearing.

* * * * * (12) If the administrative law judge’s ruling on the motion resolves all issues in the contested case, the administrative law judge shall issue a proposed order in accordance with OAR 137-003-0645 incorporating that ruling * * *.

Pursuant to OAR 137-003-0580(6)(a), in making my ruling, I considered the Motion, Exhibits A through E, the Response, and Exhibits 1 and 2. Pursuant to OAR 137-003-0580(7), I reviewed the evidence in the light most favorable to High Desert, the non-moving party. I determined there are no genuine issues as to the material facts of the Board’s allegations that are relevant to resolution of the legal issues and the Division is entitled to a favorable ruling.


Because the ruling on the Motion resolves all issues in this matter, this proposed order is issued and this matter will not proceed to hearing. Denial of Licensure The Board proposes to deny High Desert’s application for a plumbing contractor license. Because this is an application proceeding, High Desert has the burden to establish, by a preponderance of the evidence, its eligibility for the license. Sobel v. Board of Pharmacy, 130 Or App 374, 380 (1994) rev den 320 Or 588 (1995) (applicants have the burden of establishing their eligibility). Proof by a preponderance of the evidence means that the fact finder is persuaded that the facts asserted are more likely than not true. Riley Hill General Contractor v. Tandy Corp., 303 Or 390, 402 (1987). Pursuant to ORS 455.129(3)(a), the Board is authorized to deny a license application for any of the reasons enumerated in ORS 455.129(2). ORS 455.129 provides, in part:

(2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

* * * * * (k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

* * * * * (o) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS 455.895 or has been the subject of action against the license, certificate or registration by the Department of Consumer and Business Services, the director or an appropriate advisory board.

* * * * * (3) Subsection (2) of this section applies to: (a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or ORS chapter 693[.]

On May 31, 2017, the CCB took disciplinary action against High Desert and assessed it civil penalties in the total amount of $11,200, which remain unpaid. Because High Desert has been subject to disciplinary action and has failed to pay a civil penalty imposed by the CCB, the


Board may deny High Desert’s application for a plumbing contractor license, pursuant to ORS 455.129(2)(k). Mr. Snyder is a member of High Desert. As such, he is an owner of High Desert. See ORS 63.001(21) (A member is “a person or persons with both an ownership interest in a limited liability company and all the rights and obligations of a member * * *.”) The Board’s Final Order, issued on December 23, 2015, assessed Mr. Snyder $9,000 in civil penalties pursuant to ORS 455.895. Mr. Snyder still owes the full amount of that assessment as well as accumulated interest. Because Mr. Snyder, an owner of High Desert, has an outstanding obligation to pay a civil penalty assessed under ORS 455.895, the Board may deny High Desert’s application for a plumbing contractor license, pursuant to ORS 455.129(2)(o). In its Notice, the Board sought to deny High Desert’s application for a plumbing contractor license. Although an agency may have the discretion to determine a sanction, it cannot abuse this discretion. Mr. Mark, on High Desert’s behalf, asserted that the Board was abusing its discretion in denying High Desert’s application, rather than proposing a less onerous sanction. ORS 183.482(8)(b) lists the factors to consider in determining if an agency has abused its discretion. It provides:

The court shall remand the order to the agency if the court finds the agency's exercise of discretion to be: (A) Outside the range of discretion delegated to the agency by law; (B) Inconsistent with an agency rule, an officially stated agency position, or a prior agency practice, if the inconsistency is not explained by the agency; or (C) Otherwise in violation of a constitutional or statutory provision.

Pursuant to ORS 455.129, the Board’s determination to deny High Desert’s application is within the range of discretion delegated by law to the Board. There is no evidence that the proposed denial is inconsistent with an agency rule, position or practice. Finally, there is no evidence that the Board’s decision violated any constitutional or statutory provisions. The Board did not abuse its discretion by proposing to deny High Desert’s application for a plumbing contractor license. High Desert first registered as a business in April 2017. Since that date, High Desert has already committed violations of the law by performing work and advertising/bidding for work without a CCB license. One of its owners has a similar disciplinary history with the Board of performing work and advertising for work without the required licenses and permits. Both High Desert and Mr. Snyder have failed to make any payments on the assessed civil penalties, and Mr. Snyder ignored an attempt by DCBS to arrange for a payment plan. Based upon this history that demonstrates a lack of cooperation with agencies that would be involved with High Desert’s work and High Desert and Mr. Snyder’s willingness to violate licensure and permits laws, the Board’s decision to deny High Desert’s application is appropriate. The Board should deny High


Desert’s application.

RULING AND ORDER

The Building Codes Division’s Motion for Summary Determination is granted. No hearing will be held in regards to this matter.3 I propose the State Plumbing Board issue the following order: High Desert Plumbing, Remodeling & Locating LLC’s application for a plumbing contractor license is denied.

Samantha A. Fair Administrative Law Judge

Office of Administrative Hearings

APPEAL PROCEDURE

This is the Administrative Law Judge’s Proposed Order. You have the right to file written exceptions and argument to be considered per OAR 137-003-0650. Your exceptions and argument must be received within 20 calendar days after the service date of this Proposed Order. Send them to:

Building Codes Division Manager

PO Box 14470 Salem, OR 97309-0404

3 Because the hearing was consolidated with OAH Case No. 2017-ABC-00786, the scheduled hearing will proceed for any issues involving this other case.


CERTIFICATE OF MAILING

On September 19, 2017 I mailed the foregoing RULING ON MOTION FOR SUMMARY DETERMINATION AND PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00712. By: First Class Mail High Desert Plumbing, Remodeling And Locating LLC 7860 SW Hall Blvd #29 Beaverton OR 97008 Duane Snyder 7860 SW Hall Blvd #29 Beaverton OR 97008 Glen Mark Powers & Mark, Attorneys At Law 38504 NW Reeder Rd Portland OR 97231 By: Electronic Mail Anthony J Estrada, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Alesia K Vella

Hearing Coordinator

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State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Sarah Blam, contested case representative, Enforcement Services Subject: Final Order for Case No. C2017-0171, In the Matter of Duane Robert Snyder, dba

High Desert Plumbers and dba High Desert Plumbing and Remodeling Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On May 19, 2017, the Building Codes Division (division), acting on behalf of the State Plumbing (board), issued a Notice of Proposed Assessment of Civil Penalties (Notice) to Duane Robert Snyder, dba High Desert Plumbers and dba High Desert Plumbing and Remodeling (Respondent). The Notice proposed to assess a total of $15,000.00 and alleged that Respondent had violated the following division statutes and rules:

1. For Electrical Board; a. Engaged in the business of making electrical installations without an electrical

contractor’s license, in violation of Oregon Revised Statutes (ORS) 479.620(1); and

b. Performed electrical installations without a supervising or journeyman electrician’s license in violation of ORS 479.620(3).

2. For Plumbing Board; a. Engaged in the business of a plumbing contractor without a plumbing contractor’s

license in violation of ORS 447.040(1); b. Performed plumbing work without a journeyman plumber license in violation of

ORS 693.030(1); and c. Performed plumbing work without first obtaining a plumbing permit or minor

label in violation of Oregon Administrative Rule 918-780-0065. On or about May 30, 2017, Respondent requested a hearing.

Agenda Item III.C.

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On August 18, 2017, division Contested Case Representative Anthony Estrada filed the division’s Motion for Summary Determination and its supporting documents. Respondent did not file a response by the established deadline. On September 25, 2017, Administrative Law Judge Samantha A. Fair issued a Ruling on Motion for Summary Determination and Proposed Order affirming the Notice of Proposed Assessment of Civil Penalties.

In the Matter of Duane Robert Snyder, dba High Desert Plumbers and dba High Desert Plumbing & Remodeling- OAH Case No. 2017-ABC-00786 Ruling on Motion for Summary Determination and Proposed Order Page 1 of 11


for the BUILDING CODE DIVISION

ELECTRICAL AND ELEVATOR BOARD AND

STATE PLUMBING BOARD

IN THE MATTER OF: DUANE ROBERT SNYDER, DBA HIGH DESERT PLUMBERS and DBA HIGH DESERT PLUMBING & REMODELING, AN INDIVIDUAL

) ) ) ) ) ) )


HISTORY OF THE CASE

On May 19, 2017, the Building Code Division (Division) Electrical and Elevator Board and the State Plumbing Board (collectively referred to herein as the Boards) issued a Notice of Proposed Assessment of Civil Penalties (Notice) to Duane Robert Snyder, dba High Desert Plumbers and dba High Desert Plumbing & Remodeling. On May 30, 2017, Mr. Snyder requested a hearing. On July 21, 2017, the Division referred the matter to the Office of Administrative Hearings (OAH). The OAH scheduled a hearing for November 2, 2017,1 and assigned Administrative Law Judge (ALJ) Samantha A. Fair to preside at hearing. On July 24, 2017, ALJ Fair issued a letter to the parties, scheduling deadlines for the submission of motions, exhibits and witness lists. On August 18, 2017, the Division filed a Motion for Summary Determination (Motion). On September 5, 2017, Glen Mark, attorney for Mr. Snyder, filed a Response to Agency Motion for Summary Determination (Response).2 On September 19, 2017, the OAH issued a Ruling on

1 On July 21, 2017, during a prehearing conference on a related matter, OAH Case No. 2017-ABC-00712, all parties agreed to consolidate the two cases for purposes of the hearing. 2 In the Response, Mr. Mark noted that the Motion was postmarked August 21, 2017. However, as provided in the July 24, 2017 letter, the Division’s documents are considered filed on the date that they are uploaded to the OAH’s electronic case management system, which happened on August 18, 2017. Even if the filing date was based upon the postmark date, the Motion would still have been timely filed as the Division had until September 1, 2017 to file the Motion. Additionally, ALJ Fair provided a deadline of September 15, 2017 for the filing of a response; therefore, if Mr. Mark felt he needed more time to produce the response, he still had an additional 10 days.


Motion for Summary Determination, granting the Motion but denying the request for a proposed order. A proposed order was not issued and the hearing was not canceled because the Division only sought summary determination on five of six of the violations of statutes and administrative rules alleged in the Notice. The Division had not sought summary determination on the issue of an alleged violation of ORS 479.550(1). On September 22, 2017, the Boards issued an Amended Notice of Proposed Assessment of Civil Penalties (Amended Notice) to Mr. Snyder. In the Amended Notice, the Boards no longer alleged that Mr. Snyder violated ORS 479.550(1) and no longer sought any civil penalty associated with that allegation.3

ISSUES


2. Whether Mr. Snyder engaged in the business of making electrical installations without an electrical contractor license. ORS 479.620(1).

3. Whether Mr. Snyder performed electrical installations without a supervising or journeyman electrician’s license. ORS 479.620(3).

4. Whether Mr. Snyder engaged in the business of a plumbing contractor without a

plumbing contractor license. ORS 447.040(1). 5. Whether Mr. Snyder performed plumbing work without a journeyman plumber

license. ORS 693.030(1). 6. Whether Mr. Snyder performed plumbing work without first obtaining a plumbing

permit or minor label. OAR 918-780-0065. 7. Whether the Boards should assess civil penalties against Mr. Snyder. ORS 455.895(1)

and OAR 918-001-0036.


For purposes of the issuance of this ruling and proposed order, the ALJ considered the following:

• The Motion, the Affidavit of William Keith Anderson, the Affidavit of Andrew Skinner, and Exhibits A through F, submitted by the Division;

• The Response and Exhibits 1 through 3, submitted by Mr. Mark; and 3 As stated in the Ruling on Motion for Summary Determination, if the Boards withdrew the remaining allegation regarding ORS 479.550(1), then the ALJ would cancel the hearing and issue a proposed order in conformance with the ruling.


• The pleadings.

STATEMENT OF FACTS

1. During the relevant period, Mr. Snyder held no active licenses from the Boards. (Exs. B at 2; C at 1.) 2. Mr. Snyder advertised plumbing and remodeling services in the “local Wise Buys Ads & More weekly shopper.” (Ex. B at 2.) 3. Ronald Grace owns a house located at 2377 NW 105th Ct, Redmond, Oregon (Property). (Ex. B at 1, 15.) In April 2017, Mr. Grace hired Mr. Snyder to perform some work at the Property. He paid Mr. Snyder $220 to perform work on the original electric water heater and made a down payment of $2,000 to Mr. Snyder for him to perform a bathroom remodel. The bathroom remodel included the relocation of the toilet, installation of a new shower, relocation of a washer and dryer, and the associated plumbing for the new systems. Because the original water heater failed again, the installation of a new electric water heater was added to the bathroom remodel project. (Id. at 2.) 4. About April 18, 2017, Mr. Snyder began the bathroom remodel. Mr. Snyder hired two workers to assist him with the remodel. Mr. Snyder and the two workers worked on the remodel for four or five days. During that time, Mr. Snyder personally performed the following work: installed the electric water heater; hooked up the electrical connections for the water heater; installed a water main shut off valve under the house; and installed and rerouted pipes for the relocation of the washing machine and the installation of the new shower. (Ex. B at 2-3, 12.) 5. For the period July 27, 2016 through July 27, 2017, no permits were issued for the Property. (Ex. D at 1.) 6. Mr. Snyder was aware that he needed a license to perform the work at the Property. He has 31 years of experience performing plumbing work and was currently assisting his girlfriend in getting a license with the intent that he would work for her new business. (Ex. B at 3-4.) 7. The purpose of requiring plumbing permits is that all plumbing work will be inspected by a qualified and knowledgeable inspector to ensure it meets minimum plumbing code requirements and presents no safety threats. (Skinner Aff. at 2.) 8. On December 23, 2015, the State Plumbing Board issued a Final Order against Mr. Snyder, dba high Desert Plumbing and Remodeling. In the Final Order, the Board found that Mr. Snyder had violated ORS 693.030 by engaging in the trade of a journeyman plumber without a license; violated OAR 918-780-0065 by performing plumbing work without first obtaining a permit; and violated ORS 447.040(1) by working as a plumbing contractor and advertising as a plumbing contractor without a license. The Final Order included the assessment of civil penalties in the total amount of $9,000 against Mr. Snyder. (Ex. A at 1-4.)


9. The Division has implemented a civil penalty matrix (Penalty Matrix) for electrical and plumbing violations. The Penalty Matrix provides for violation types of 1 through 3 based “upon the number of violations committed within five years of the date of the present violation.” (Ex. E at 1.) For individuals who have a previous violation of permit requirements, the civil penalty is $2,000 per violation. For individuals who have a previous violation for performing unlicensed work, the civil penalty is $2,500 per violation. For individuals who have a previous violation for engaging in the business of a contractor without a license, the civil penalty is $4,000 per violation. (Id. at 1-2.) The Penalty Matrix further provides:

The entire penalty is imposed in all cases. * * *. A stay of some portion of a penalty is within the sole discretion of the board or the division acting on the board’s behalf for purposes of settling cases prior to hearing.

(Id. at 1.)

CONCLUSIONS OF LAW

1. There are no genuine issues as to any material facts and the Boards are entitled to a favorable ruling as a matter of law.

2. Mr. Snyder engaged in the business of making electrical installations without an electrical contractor license.

3. Mr. Snyder performed electrical installations without a supervising or journeyman electrician’s license.

4. Mr. Snyder engaged in the business of a plumbing contractor without a plumbing

contractor license. 5. Mr. Snyder performed plumbing work without a journeyman plumber license. 6. Mr. Snyder performed plumbing work without first obtaining a plumbing permit or

minor label.

7. The Boards should assess civil penalties against Mr. Snyder.

OPINION Standard of Review for Motion for Summary Determination OAR 137-003-0580 addresses motions for summary determination. It provides, in relevant part:

(6) The administrative law judge shall grant the motion for a summary


determination if: (a) The pleadings, affidavits, supporting documents (including any interrogatories and admissions) and the record in the contested case show that there is no genuine issue as to any material fact that is relevant to resolution of the legal issue as to which a decision is sought; and (b) The agency or party filing the motion is entitled to a favorable ruling as a matter of law. (7) The administrative law judge shall consider all evidence in a manner most favorable to the non-moving party or non-moving agency. (8) Each party or the agency has the burden of producing evidence on any issue relevant to the motion as to which that party or the agency would have the burden of persuasion at the contested case hearing.


Pursuant to OAR 137-003-0580(6)(a), in making my ruling, I considered the Division’s Motion, the Affidavits, Exhibits A through F, the Response, and Exhibits 1 through 3. Pursuant to OAR 137-003-0580(7), I reviewed the evidence in the light most favorable to Mr. Snyder, the non-moving party. I determined there are no genuine issues as to the material facts that are relevant to resolution of the allegations referenced in the Amended Notice, and the Division is entitled to a favorable ruling on those allegations and the associated civil penalties. Because the ruling on the Motion resolves all issues in this matter, this proposed order is issued and the hearing is canceled. The Boards propose to assess Mr. Snyder civil penalties based upon allegations of his performance of electrical and plumbing work without the appropriate licenses and plumbing permit. As the proponent of the allegations, the Boards have the burden to establish, by a preponderance of the evidence, that the allegations are correct and that they are entitled to assess the civil penalties. ORS 183.450(2) (“The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position”); Harris v. SAIF, 292 Or 683, 690 (1982) (general rule regarding allocation of burden of proof is that the burden is on the proponent of the fact or position). Proof by a preponderance of the evidence means that the fact finder is persuaded that the facts asserted are more likely than not true. Riley Hill General Contractor v. Tandy Corp., 303 Or 390, 402 (1987).


Electrical Installations ORS 479.530 defines certain electrical terms. It provides, in part:

(10) “Electrical installations” means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. “Electrical installation” also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. “Electrical installation” does not include an oil module. (11) “Electrical product” means any electrical equipment, material, device or apparatus that, except as provided in ORS 479.540, requires a license or permit to install and either conveys or is operated by electrical current. (12) “Equipment” means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation[.]

Pursuant to ORS 479.530, a device, such as an electric water heater, would be an electrical product. By installing an electric water heater and installing the electrical wiring for the water heater, Mr. Snyder performed an electrical installation. ORS 479.620 provides, in part:

Subject to ORS 479.540, a person may not: (1) 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.

* * * * * (3) Except as provided in subsection (5) of this section, make any electrical installation without a supervising or journeyman electrician’s license[.]

OAR 918-030-0010(8) provides:

For purposes of ORS 447.040, 479.620, 480.630 and any other license regulated by ORS chapter 455, “engaging in the business” means to advertise or solicit, contract or agree to perform, or to perform, work for which a license or permit is required under Oregon law, including but not limited to a single instance.


Mr. Snyder holds no active licenses. Therefore, Mr. Snyder violated ORS 479.620(3) by performing an electrical installation without a supervising or journeyman electrician’s license. Mr. Snyder advertised his services in the local weekly shopper and contracted to perform an electrical installation for which a license and a permit are required. Pursuant to OAR 918-030-0010(8), Mr. Snyder engaged in the business of making electrical installations. Because he did not have an electrical contractor’s license when he engaged in this business, he violated ORS 479.620(1). Plumbing Work ORS 447.010 defines certain plumbing terms. It provides, in part:

(6) “Plumbing” is the art of installing, altering or repairing in or adjacent to or serving buildings: (a) Pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried waste, including the water supply distributing pipes[.]

Mr. Snyder installed a water main shut off valve under the house and a water heater. He installed and rerouted pipes for the relocation of the washing machine and the installation of a new shower. Pursuant to ORS 447.010, this work constituted plumbing. OAR 918-780-0065 provides:

No person, firm, or corporation shall do plumbing or medical gas systems work in the State of Oregon without first obtaining a plumbing permit or minor label when required and paying the appropriate fees to the authorized permit issuing agency.

ORS 447.040(1) provides:

A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under ORS 455.117.


A person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.

No permit was ever issued for the work at the Property, and Mr. Snyder holds no active


licenses. Therefore, Mr. Snyder violated OAR 918-780-0065 by performing plumbing work without first obtaining a plumbing permit or minor label.4 Journeyman plumbers are the individuals licensed to perform plumbing work.5 By performing plumbing work, Mr. Snyder engaged in the trade of a journeyman plumber. Mr. Snyder violated ORS 693.030(1) by engaging in the trade of a journeyman plumber without a journeyman plumber license. Mr. Snyder advertised his services in the local weekly shopper and contracted to perform plumbing work for which a license and a permit are required. Pursuant to OAR 918-030-0010(8), Mr. Snyder engaged in the business of performing plumbing work. Because he did not have a plumbing contractor license when he engaged in this business, he violated ORS 447.040(1). Assessment of Civil Penalties ORS 455.895 provides, in part:

(1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165. (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850[.]

ORS 447.992 provides:

The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.156 and 447.992 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.


The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

4 Pursuant to OAR 918-780-0130(1), only certain plumbing contractors may purchase and use minor labels. Because Mr. Snyder was not a licensed plumbing contractor, he would not be able to obtain a minor label. 5 A plumbing contractor license does not authorize the contractor to work as a journeyman plumber. ORS 447.040(2). The journeyman plumber license is necessary for the performance of the actual plumbing work.



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.

OAR 918-001-0036(6) provides:

The division may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

For the above-established violations, the Boards sought to assess civil penalties in the total amount of $15,000. Although an agency may have the discretion to determine a sanction, it cannot abuse this discretion. Mr. Mark, on Mr. Snyder’s behalf, asserted that the Boards were abusing their discretion in the assessment of the civil penalties against Mr. Snyder. ORS 183.482(8)(b) lists the factors to consider in determining if an agency has abused its discretion. It provides:

The court shall remand the order to the agency if the court finds the agency's exercise of discretion to be: (A) Outside the range of discretion delegated to the agency by law; (B) Inconsistent with an agency rule, an officially stated agency position, or a prior agency practice, if the inconsistency is not explained by the agency; or (C) Otherwise in violation of a constitutional or statutory provision.

Pursuant to ORS 455.895, ORS 447.992, ORS 693.992 and ORS 479.995, the Boards’ assessment of civil penalties for Mr. Snyder’s violations is within the range of discretion delegated by law to the Boards. Additionally, the Boards applied the formula for the assessment of civil penalties pursuant to the Penalty Matrix, which is consistent with OAR 918-001-0036(6), an agency rule. The Penalty Matrix further provides that the entire penalty is assessed in all cases, as the Boards proposed in the Amended Notice, and that stays of portions of the penalties are only available for purposes of settlement of a case prior to hearing. Thus, the Penalty Matrix requires the imposition of the full penalty for each of Mr. Snyder’s violations, regardless of the lack of any evidence that the work performed was substandard or unsafe or any evidence that he was cooperative during the investigation. Finally, there is no evidence that the Boards’ decision violated any constitutional or statutory provisions. The Boards did not abuse their discretion in the proposed assessment of the civil penalties.


The Division developed the Penalty Matrix pursuant to OAR 918-001-0036(6). Because the Final Order, issued on December 23, 2015, found that Mr. Snyder engaged in conduct that constituted permit, unlicensed work, and contractor violations, he is a second-time violator for such current violations. Pursuant to the Penalty Matrix, the Board is entitled to assess the following civil penalties for Mr. Snyder’s violations: $4,000 for violating ORS 479.620(1) (a contractor violation); $2,500 for violating ORS 479.620(3) (unlicensed work); $4,000 for violating ORS 447.040(1) (a contractor violation); $2,500 for violating ORS 693.030(1) (unlicensed work); and $2,000 for violating OAR 918-780-0065 (permit violation).

RULING AND ORDER

The Building Code Division’s Motion for Summary Determination is GRANTED. The hearing, scheduled for November 2, 2017, is canceled. I propose the Electrical and Elevator Board and the State Plumbing Board issue the following order: The Building Code Division Electrical and Elevator Board and the State Plumbing Board established that Duane Robert Snyder violated ORS 479.620(1), ORS 479.620(3), ORS 447.040(1), ORS 693.030(1), and OAR 918-780-0065. The Board is entitled to assess a total of $15,000 in civil penalties for these violations as follows: $4,000 for violating ORS 479.620(1); $2,500 for violating ORS 479.620(3); $4,000 for violating ORS 447.040(1); $2,500 for violating ORS 693.030(1); and $2,000 for violating OAR 918-780-0065.

Samantha A. Fair Administrative Law Judge


APPEAL PROCEDURE



PO Box 14470 Salem, OR 97309-0404



On September 25, 2017, I mailed the foregoing RULING ON MOTION FOR SUMMARY DETERMINATION AND PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00786. By: First Class Mail Duane Robert Snyder 7860 SW Hall Blvd #29 Beaverton OR 97008 Glen D Mark 38504 NW Reeder Rd Portland OR 97231 By: Electronic Mail Anthony J Estrada, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Alesia K Vella

Hearing Coordinator

State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Sarah Blam, contested case representative, Enforcement Services Subject: Final Order for Case No. C2017-0265, In the Matter of Tom Toepfer Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On July 18, 2017, the Building Codes Division (division), acting on behalf of the State Plumbing Board (board), issued a Notice of Proposed Assessment of Civil Penalties (Notice) to Tom Toepfer (Respondent). The Notice proposed to assess a total of $2,000.00 and alleged that Respondent had violated the following division statutes and rules:

1. Performed plumbing work without a journeyman plumber license in violation of ORS 693.030(1).

On or about July 25, 2017, Respondent requested a hearing.

On September 26, 2017, division Contested Case Representative Anthony Estrada filed the division’s Motion for Summary Determination and its supporting documents. Respondent did not file a response by the established deadline. On October 24, 2017, Administrative Law Judge Alison Greene Webster issued a Ruling on Motion for Summary Determination and Proposed Order affirming the Notice of Proposed Assessment of Civil Penalties.

Agenda Item III.D.

In the Matter of Tom Toepfer, OAH Case No. 2017-ABC-00841 Page 1 of 6


for the BUILDING CODES DIVISION

ACTING ON BEHALF OF THE STATE PLUMBING BOARD

IN THE MATTER OF: TOM TOEPFER

) ) ) ) ) )


HISTORY OF THE CASE On July 17, 2017, the Department of Consumer and Business Services, Building Codes Division (Division), acting on behalf of the State Plumbing Board, issued a Notice of Proposed Assessment of A Civil Penalty, Notice of Final Order on Default alleging that Tom Toepfer, Respondent herein, performed plumbing work without a journeyman plumber license in violation of ORS 693.030(1) and assessing a penalty of $2,000 for the alleged violation. On July 25, 2017, Mr. Toepfer requested a hearing. On August 18, 2017, the Division referred the hearing request to the Office of Administrative Hearings (OAH). The OAH assigned Senior Administrative Law Judge (ALJ) Alison Greene Webster to preside at hearing. On September 15, 2017, ALJ Webster convened a prehearing conference. Anthony Estrada, Contested Case Representative for the Division, participated for the Division. Mr. Toepfer participated without counsel. During the prehearing conference, Mr. Estrada advised that the Division anticipated filing a motion for summary determination in this matter. The ALJ established a briefing schedule for the motion and explained to Mr. Toepfer the requirements for filing a response to the motion. In addition, the ALJ set a hearing date of December 21, 2017, in the event the motion was denied or not determinative of all issues. Also on September 15, 2017, the ALJ issued a letter to the parties memorializing the briefing schedule for the motion and the hearing date established during the prehearing conference. On September 25, 2017, the Division filed a Motion for Summary Determination along with supporting documents pursuant to OAR 137-003-0580. Respondent did not file a response to the Motion. The record closed on October 20, 2017, at which time ALJ Webster took the Motion under consideration.

ISSUES

1. Whether there are any genuine issues of material fact in dispute and, if not,


whether the Division is entitled to a favorable ruling as a matter of law. OAR 137-003-0580.

2. Whether Mr. Toepfer performed journeyman plumbing work without a journeyman plumber license in violation of ORS 693.030(1).

3. If so, whether the Division may assess a civil penalty of $2,000 against Mr. Toepfer for the violation of ORS 693.030(1).

EVIDENTIARY RULING

The following documents were admitted into the record and considered in ruling on the Division’s Motion: The Affidavit of Andrew Skinner and Exhibits A1 through A3.

FINDINGS OF FACT

1. Respondent Tom Toepfer is a professional plumber. On March 30, 2015, the Division issued Mr. Toepfer journeyman plumber license no. 10124JP. That license expired on April 1, 2017. (Ex. A1 at 7.) 2. On June 20, 2017, Mr. Toepfer used plumbing adaptors and plumbing tape to connect pipes to install a water meter at a residential construction site in Springfield, Oregon. A license enforcement investigator for Lane County observed Mr. Toepfer performing this work at the construction site, and issued Mr. Toepfer a citation for performing plumbing work without a license. (Ex. A1 at 2, 4-6.) 3. The use of plumbing adaptors and plumbing tape to connect pipes to install a water meter constitutes “plumbing work.” (Aff. of Skinner.)

CONCLUSIONS OF LAW 1. There are no genuine issues of material fact in dispute and the Division is entitled to a favorable ruling as a matter of law. 2. Mr. Toepfer performed journeyman plumbing work without a journeyman plumber license in violation of ORS 693.030(1). 3. The Division may assess a civil penalty of $2,000 against Mr. Toepfer for the violation of ORS 693.030(1).

OPINION 1. Standard of Review for Motion for Summary Determination OAR 137-003-0580 addresses motions for summary determination. It provides, in relevant part:


(6) The administrative law judge shall grant the motion for a summary determination if: (a) The pleadings, affidavits, supporting documents (including any interrogatories and admissions) and the record in the contested case show that there is no genuine issue as to any material fact that is relevant to resolution of the legal issue as to which a decision is sought; and (b) The agency or party filing the motion is entitled to a favorable ruling as a matter of law. (7) The administrative law judge shall consider all evidence in a manner most favorable to the non-moving party or non-moving agency. (8) Each party or the agency has the burden of producing evidence on any issue relevant to the motion as to which that party or the agency would have the burden of persuasion at the contested case hearing.


The evidence in the record in this matter consists of the affidavit and exhibits submitted by the Division in connection with its Motion. For the reasons that follow, considering the evidence in the light most favorable to Mr. Toepfer, the Division has established that there are no genuine issues of material fact in dispute and it is entitled to a favorable ruling as a matter of law on violation alleged and penalty proposed. 2. Violation Pursuant to ORS 693.010(3), a “journeyman plumber” means any person holding a valid journeyman plumber license issued under ORS Chapter 693. Pursuant to ORS 693.010(5) “plumbing” has the same meaning given the term in ORS 447.010.1 Pursuant to ORS

1 ORS 447.010(6) provides:

(6) “Plumbing” is the art of installing, altering or repairing in or adjacent to or serving buildings: (a) Pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried waste, including the water supply distributing pipes. (b) Fixtures and fixture traps. (c) Soil, waste and vent pipes. (d) House drain and house sewer to the sewer service lateral at the curb, or in the street, or alley, or other disposal terminal holding human or domestic sewage. (e) Storm water drainage, with their devices, appurtenances and connections.


693.030(1), “[a] person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.” As found above, it is undisputed that on June 20, 2017, Mr. Toepfer did not have a journeyman plumber license, because his license expired April 1, 2017 and had not been renewed. It is also undisputed that on June 20, 2017, Mr. Toepfer used plumbing adaptors and plumbing tape to connect pipes to install a water meter at a residential construction site in Springfield, Oregon. The Division has established that the work Mr. Toepfer performed on June 20, 2017 constituted plumbing work as the term “plumbing” is defined in ORS 447.010(6)(a). Consequently, Mr. Toepfer engaged in the trade of journeyman plumber without a journeyman plumber license in violation of ORS 693.030(1). 3. Penalty

Pursuant to ORS 693.992, the Division is authorized to impose civil penalties for

violations of ORS Chapter 693 or rules adopted thereunder as provided in ORS 455.895. ORS 455.895(1)(a) reiterates the Division’s authority to impose civil penalties under ORS Chapters 447 and 693. The Division has adopted OAR 918-001-0036 to establish guidelines for civil penalties.

Pursuant to OAR 918-001-0036(4), the Division may take into account any appropriate factors, including previous directives, in determining the penalty amount or conditions within an order. OAR 918-001-0036(6) allows the Division to adopt a penalty matrix to promote equity and uniformity in imposing civil penalties. The version of the matrix in effect at the time of the violation at issue is included in the record as Exhibit A2. That matrix provides for a penalty of $2,000 for a first violation of “unlicensed activities,” which includes working without a license and allowing an unlicensed individual to perform specialty work. In this case, the Division has proposed a penalty of $2,000 against Mr. Toepfer for performing plumbing work without a journeyman plumber license. Because the Division has established Mr. Toepfer’s license expired on April 1, 2017 and that he performed plumbing work at a residential construction site while unlicensed on June 20, 2017, it is appropriate for the Division to assess a civil penalty of $2,000 against Mr. Toepfer for his unlicensed activities. /// /// /// ///

(f) Pipes, fixtures and other apparatus for medical gas, anesthetic waste gas and vacuum systems. (g) Solar heating and cooling systems.


RULING AND ORDER

The Division’s Motion for Summary Determination is GRANTED. The telephone hearing scheduled for December 21, 2017 is cancelled. I propose the Building Codes Division issue the following order: Tom Toepfer violated ORS 693.030(1) and is assessed a civil penalty of $2,000 for performing journeyman plumbing work without a license.

Alison Greene Webster Administrative Law Judge


APPEAL PROCEDURE


Building Codes Division Attn: Manager PO Box 14470

Salem, OR 97309-0404



On October 24, 2017 I mailed the foregoing RULING ON MOTION FOR SUMMARY DETERMINATION AND PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00841. By: First Class Mail Tom Toepfer 4143 Hayesville Dr NE Salem OR 97305 By: Electronic Mail Sarah Blam-linville, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Lucy M Garcia

Hearing Coordinator

State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Shannon Flowers, contested case representative, Enforcement Services Subject: Final Order for Case No. C2017-0124, In the Matter of William G. Lightner dba

William Lightner Remodel and More Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On June 14, 2017, the Building Codes Division (division), acting on behalf of the State Plumbing Board (board), issued a Notice of Proposed Assessment of Civil Penalties (Notice) to William G. Lightner dba William Lightner Remodel and More (Respondent). The Notice proposed to assess a total of $6,000.00 and alleged that Respondent had violated the following Division statutes and rules:

1. Engaged in the business of plumbing contractor without a plumbing contractor license in violation of ORS 447.040(1);

2. Performed plumbing work without a journeyman plumber license in violation of ORS 693.030(1); and

3. Performed plumbing work without first obtaining a plumbing permit or minor label in violation of OAR 918-780-0065.

On or about July 1, 2017, Respondent requested a hearing.

On August 18, 2017, division Contested Case Representative Anthony Estrada filed the division’s Motion for Summary Determination and its supporting documents. Respondent did not file a response by the established deadline. On October 4, 2017, Administrative Law Judge Monica A. Whitaker issued a Ruling on Motion for Summary Determination and Proposed Order affirming the Notice of Proposed Assessment of Civil Penalties.

Agenda Item III.E.

In the Matter of William Lightner, dba William Lightner Remodel and More - OAH Case No. 2017-ABC-00745 Ruling on Motion for Summary Determination and Proposed Order Page 1 of 8


for the BUILDING CODES DIVISION

STATE PLUMBING BOARD OF THE STATE OF OREGON

IN THE MATTER OF: WILLIAM LIGHTNER, DBA WILLIAM LIGHTNER REMODEL AND MORE

) ) ) ) ) ) )


HISTORY OF THE CASE

On June 14, 2017, the State Plumbing Board of the State of Oregon (Board) issued a Notice of Proposed Assessment of Civil Penalties (Notice) to William Lightner, dba William Lightner Remodel and More (Respondent) proposing to assess a civil penalty of $6,000 for violations of Building Codes Division (Division) statutes and rules. On or about July 1, 2017, Mr. Lightner requested a contested case hearing. The Division referred the matter to the Office of Administrative Hearings (OAH) on July 6, 2017. The OAH assigned Senior Administrative Law Judge (ALJ) Jennifer H. Rackstraw to preside over the matter. ALJ Rackstraw held a telephone prehearing conference on August 4, 2017. Respondent did not appear. Anthony Estrada represented the Division. ALJ Rackstraw established deadlines for filing motions, exhibits, and witness lists, and scheduled the hearing for October 26, 2017. On August 18, 2017, Mr. Estrada filed the Division’s Motion for Summary Determination (Motion). Respondent did not file a response. On September 27, 2017, the OAH reassigned the matter to Senior ALJ Monica A. Whitaker for purposes of ruling on the Motion. ALJ Whitaker closed the record on September 27, 2017 and took the matter under advisement.

ISSUES


2. Whether Respondent engaged in the business of plumbing contractor without a plumbing contractor license. ORS 447.040(1).

3. Whether Respondent performed plumbing work without a journeyman plumber

license. ORS 693.030(1).


4. Whether Respondent performed plumbing work without first obtaining a plumbing permit or minor label. OAR 918-780-0065.

5. Whether the Division may assess a $6,000 civil penalty against Respondent. ORS

455.895(1) and OAR 918-001-0036.


In reaching this ruling, the ALJ considered the following documents: the Division’s Motion; the Affidavit of Daniel Wittekind; the Affidavit of Andrew Skinner; and the Division’s Exhibits A through I.

STATEMENT OF FACTS

1. Respondent has never been licensed as a plumbing contractor or journeyman plumber in the State of Oregon. (Aff. of Wittekind at 2.) 2. In or about November 2016, Respondent posted an advertisement on Craigslist.org in which he offered to perform plumbing work. Also in or about November 2016, Respondent utilized business cards that stated he offered “Remodels and More,” including plumbing services. (Exs. A at 3; B at 5; C at 3, 6; E; Aff. of Skinner at 1.) 3. In or around November 2016, Respondent used PEX tubing to install water lines at a residential property located at 11910 NE Grant Lane in Prineville, Oregon (the property). (Exs. A; B; C at 4-5; E at 3-5; Aff. of Wittekind.) Respondent did not obtain a plumbing permit to perform work at the property. The only plumbing permit issued in relation to that address was issued to Bernie Gehrke and Demand Plumbing LLC. (Aff. of Wittekind at 2; Ex. G.) 4. The installation of water lines with PEX tubing constitutes plumbing work. (Aff. of Skinner at 1.) 5. The Board has adopted an Advisory Board Penalty Matrix (Penalty Matrix), which determines civil penalty amounts for violations of the Division’s statutes and rules. The Penalty Matrix sets forth the penalty amounts for first, second, and third violations. For individuals with a first violation of performing unlicensed activities, the civil penalty is $2,000 per violation. For individuals with a first violation who engage in a permit violation, the civil penalty is $1,000 per violation. For individuals with a first penalty for a business violation, the civil penalty is $3,000 per violation. (Ex. H.)

CONCLUSIONS OF LAW 1. There are no genuine issues as to any material facts and the Division is entitled to a favorable ruling as a matter of law.

2. Respondent engaged in the business of plumbing contractor without a plumbing contractor license.


3. Respondent performed plumbing work without a journeyman plumber license. 4. Respondent performed plumbing work without first obtaining a plumbing permit or

minor label. 5. The Division may assess a $6,000 civil penalty against Respondent.

OPINION

1. Standard of Review for Motion for Summary Determination OAR 137-003-0580 addresses motions for summary determination. It provides, in relevant part:

(6) The administrative law judge shall grant the motion for a summary determination if: (a) The pleadings, affidavits, supporting documents (including any interrogatories and admissions) and the record in the contested case show that there is no genuine issue as to any material fact that is relevant to resolution of the legal issue as to which a decision is sought; and (b) The agency or party filing the motion is entitled to a favorable ruling as a matter of law. (7) The administrative law judge shall consider all evidence in a manner most favorable to the non-moving party or non-moving agency.

(8) Each party or the agency has the burden of producing evidence on any issue relevant to the motion as to which that party or the agency would have the burden of persuasion at the contested case hearing.


In reaching this ruling, the ALJ considered the Division’s Motion, the Affidavits, and Exhibits A though I. The ALJ also considered the facts of the case in a light most favorable to Respondent, the non-moving party, and determined that there are no genuine issues as to any material facts that are relevant to resolution of the legal issues as to which a decision is sought, and that the Division is entitled to a favorable ruling as a matter of law.


The Division alleges that Respondent engaged in the business of plumbing contractor without a plumbing contractor license; performed plumbing work without a journeyman plumber license; and performed plumbing work without first obtaining a plumbing permit or minor label. The Division bears the burden of proving its allegations by a preponderance of the evidence. ORS 183.450(2) and (5); Reguero v. Teachers Standards and Practices Commission, 312 Or 402, 418 (1991) (burden is on Commission in disciplinary action); Cook v. Employment Div., 47 Or App 437 (1980) (in the absence of legislation adopting a different standard, the standard of proof in administrative hearings is preponderance of the evidence). Proof by a preponderance of the evidence means that the fact finder is convinced that the facts asserted are more likely true than false. Riley Hill General Contractor v. Tandy Corp., 303 Or 390, 402 (1987).

2, 3, and 4. Plumbing Work ORS 447.010(6) provides, in relevant part:

“Plumbing” is the art of installing, altering or repairing in or adjacent to or serving buildings: (a) Pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried waste, including the water supply distributing pipes[.]

Respondent used PEX tubing to install water lines at the property. The installation of water lines with PEX tubing constitutes plumbing work. Therefore, pursuant to ORS 447.010(6), Respondent’s installation constituted plumbing work. ORS 447.040(1) provides:

A person may not work as a plumbing contractor, or advertise or purport to be a plumbing contractor, and a member or employee of a firm, partnership or corporation may not engage in the layout or superintending of plumbing installations, without having obtained the plumbing contractor license required under ORS 447.010 to 447.156 as provided by State Plumbing Board rules adopted under ORS 455.117.


A person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.

OAR 918-780-0065 provides:

No person, firm, or corporation shall do plumbing or medical gas systems work in the State of Oregon without first obtaining a plumbing permit or minor label when required and paying the appropriate fees to the authorized permit issuing agency.


OAR 918-030-0010(8) provides:

For purposes of ORS 447.040, 479.620, 480.630 and any other license regulated by ORS chapter 455, “engaging in the business” means to advertise or solicit, contract or agree to perform, or to perform, work for which a license or permit is required under Oregon law, including but not limited to a single instance.

Respondent has never been licensed as a plumbing contractor or journeyman plumber in Oregon. In or about November 2016, he posted an advertisement on Craigslist.com offering to perform plumbing work. He also used business cards that stated he offered plumbing services. Under OAR 918-030-0010(8), Respondent engaged in the business of performing plumbing work. Because Respondent did not have a plumbing contractor license when he engaged in this business, he violated ORS 447.040(1).

Respondent never obtained a permit to work at the property. Therefore, Respondent

violated OAR 918-780-0065 by performing plumbing work without first obtaining a plumbing permit or minor label.1 Journeyman plumbers are the individuals licensed to perform plumbing work. By performing plumbing work, Respondent engaged in the trade of a journeyman plumber. Respondent violated ORS 693.030(1) by engaging in the trade of a journeyman plumber without a journeyman plumber license.

3. Civil Penalties ORS 655.895 provides, in part:

(1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.


The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.156 and 447.992 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.


The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

1 Pursuant to OAR 918-780-0130(1), only certain plumbing contractors may purchase and use minor labels. Because Respondent was not a licensed plumbing contractor, he would not be able to obtain a minor label.


OAR 918-001-0036 provides, in part:

(6) The Director may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

The Division proposes assessing civil penalties totaling $6,000 against Respondent as follows: $3,000 for violating ORS 447.040(1); $2,000 for violating ORS 693.030(1); and $1,000 for violating OAR 918-780-0065. These penalties are within the scope of ORS 455.895(1) and OAR 918-001-0036(6), and are consistent with the Penalty Matrix adopted by the Board to establish guidelines for the imposition of penalties. The evidence establishes that Respondent’s violation of OAR 918-780-0065 constitutes a permit violation. Respondent’s violation of ORS 693.030(1) constitutes an unlicensed activities violation, and his violation of ORS 447.040(1) constitutes a business violation under the penalty matrix. In accordance with the Penalty Matrix, it is appropriate to assess civil penalties totaling $6,000 against Respondent.

RULING AND ORDER

The Building Codes Division’s Motion for Summary Determination is GRANTED. The hearing, scheduled for October 26, 2017, is canceled. I propose the Building Codes Division issue the following order: The Building Codes Division State Plumbing Board is entitled to assess William Lightner, dba William Lightner Remodel and More, civil penalties totaling $6,000 for violating ORS 447.040(1), ORS 693.030(1), and OAR 918-780-0065. Monica A. Whitaker Senior Administrative Law Judge


APPEAL PROCEDURE



PO Box 14470 Salem, OR 97309-0404



On October 5, 2017, I mailed the foregoing RULING ON MOTION FOR SUMMARY DETERMINATION AND PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00745. By: First Class Mail William Lightner Remodel And More William Lightner PO Box 305 Prineville OR 97754 By: Electronic Mail Shannon Flowers, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Alesia K Vella

Hearing Coordinator

State Plumbing Board Enforcement Report December 14, 2017

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

C2017-0163

Chris

Wathen, Mike Advertising on craigslist.org.

Installation of plumbing fixtures.

No journeyman plumber license

No plumbing contractor license

No plumbing permit

Portland February 2017 $12,000* $2,000 Consent Order

Complaint submitted by BCD

employee

C2017-0262

Chris

Hulstrom, Barry Advertising on

handymanatyourservice.com

Installation of plumbing fixtures.

No plumbing contractor license

Oregon June 2017 $3,000 $250 Consent Order

Complaint submitted by BCD field

investigator

C2017-0411

Sarah

Metoxen, Joseph Failure to pay civil penalties on case

C2017-0269.

Oregon August 2017 $1500

**Original

civil penalty

was $2,000

$1,500 Default Order

Complaint submitted by BCD Fiscal

Summary Report - Cases Previously Resolved by Division

*Total penalties assessed for violations in more than one program

† With use of new database, all new cases now begin with "C" (Complaint)Page 1 of 1

Woodsdj

Text Box

Agenda Item III.F.

State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Todd Smith, policy analyst, Policy and Technical Services Subject: RV Licensing Exemption Action requested: State Plumbing Board review and consideration of proposed amendments to plumbing licensing exemptions. Background: Oregon law requires all plumbing installations to be performed by a licensed individual. The legislature passed SB 983 (enclosed for reference) during the 2017 legislative session. This bill established the authority of the board to create an individual and contractor license exemption for persons making “plumbing installations, repairs or replacements in a recreational vehicle.” The division has developed a draft rule that achieves the concepts discussed during the legislative process. A document titled “Exhibit A” containing pictures of various structures with notes identifying the anticipated applicability of the proposed rules has been enclosed for reference. Discussion: The enclosed draft rule creates a plumbing licensing exemption for individual and contractor licenses issued by the division for persons performing plumbing installations on recreational vehicles and certain temporary use structures. A related rule for electrical licensing exemptions was reviewed and approved by the Electrical and Elevator Board at its November 16, 2017, meeting. If the boards approve the draft rules the division intends on filing a temporary rule effective January 1, 2018, and to follow up with a permanent rule effective at the next quarterly adoption date, April 1, 2018. Options: Approve the proposed rule, OAR 918-695-0020, and forward to the Administrator for

rulemaking and subsequent adoption. Amend and approve the proposed rule, OAR 918-695-0020, and forward to the

Administrator for rulemaking and subsequent adoption. Disapprove the proposed rule.

Agenda Item

VII.A.

of 2

Exhibit A In accordance with ORS 693.020, plumbing licensing laws are applicable to plumbing installations within all structures regardless of whether they are manufactured off site in a manufacturing facility, or constructed on site. Some examples of different structures and current plumbing law applicability are provided below to aid in the evaluation of the proposed rule amendments.

These structures are Recreational Vehicles and are currently covered under plumbing licensing laws. Installations in these structures would be exempt from plumbing licensing under OAR 918-695-0020(2) as proposed.

This structure is often reffered to as a “Park Model RV” and is currently and appropriately covered under licensing laws. The proposed rule provides a partial exemption from the law, but generally considers this product to require a licensed plumber.

of 2

This structure is a modular or prefabricated structure built to the ORSC. Plumbing installations in these structures are currently covered under plumbing licensing laws. The proposed rules do not change current requirements for these structures.

This structure is a manufactured home built under HUD standards (24 CFR 3280). The applicability of plumbing licensing laws to manufactured dwellings is unknown at this time.

Recreational Vehicle License Exemptions (SB 983) DRAFT 12/14/17

918-695-0020 License Exemptions

(1) A license is not required for: (a) A person to do the person's own work on the person's own residential building on the

person's own premises, if the person complies with OAR chapter 918, division 690 and the plumbing requirements of the Oregon One- and Two-Family Dwelling Residential Specialty Code; or

(b) To test, repair, service, maintain, install or replace any new or existing potable water pump equipment not exceeding seven and one-half horsepower on residential property and piping between such pump and storage tanks for such pumps, provided the person complies with all other provisions of OAR chapter 918, division 690.

(2) A person is not required to obtain a plumbing license to make plumbing installations, alterations, or repairs for the following:

(a) Recreational vehicles as defined in ORS 446.003 and that are vehicular-type units that contain 12-volt interior and exterior lighting, eating and sleeping facilities, are designed as temporary living quarters for recreational, seasonal, or emergency use, and have their own motive power or are mounted on or towed by another vehicle and meet all of the following:

(A) Are regulated and registered by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment;

(B) Do not require a special highway use permit for operation on a highway; (C) Are designed to be easily transported and set up on a daily basis by an individual; (D) Are represented in 2015 NFPA 1192 Figure A.3.3.50; (E) Have exterior wall and roof coverings of aluminum, fiberglass, fiberglass composite

or rubber membrane; and (F) Do not have pitched roofs or bay windows. (b) Effective until July 1, 2019, structures that: (A) Are manufactured in a division registered manufactured dwelling manufacturing

facility; and (B) Are not a structure regulated under the Oregon Residential Specialty Code, Oregon

Structural Specialty Code, or the federal Manufactured Home Construction and Safety Standard (24 CFR 3280).

(3) All plumbing installations, alterations or remodeling in a commercial or industrial building being constructed or being offered for sale, exchange, rent or lease shall be made by a licensed Oregon journeyman plumber or by a registered Oregon apprentice plumber. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 447.060 & ORS 693.020 Stats. Implemented: ORS 447.060 & 693.020

Hist.: DC 2-1983, f. & ef. 1-3-83; Renumbered from 814-020-0040; BCD 6-1998, f. 3-2-98, cert. ef. 4-1-98, Renumbered from 918-690-0055; BCD 21-1998, f. 9-30-98, cert. ef. 10-1-98; BCD 22-2000, f. 9-19-00, cert. ef. 10-1-00

79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session

Enrolled

Senate Bill 983Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION

CHAPTER .................................................

AN ACT

Relating to manufactured structures; creating new provisions; amending ORS 446.423, 447.060,

455.117, 455.129, 455.230, 479.540, 479.840, 693.020 and 705.145; and repealing ORS 446.210.

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

ELIMINATION OF ELECTRICIAN LICENSE CATEGORY

SECTION 1. ORS 446.210 is repealed.

SECTION 2. ORS 446.423 is amended to read:

446.423. Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the Consumer

and Business Services Fund that are derived pursuant to ORS 446.003 to 446.200, [446.210,] 446.225

to 446.285, 446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) are continuously

appropriated to the Department of Consumer and Business Services for carrying out any of the du-

ties, functions and powers of the department under ORS 446.003 to 446.200, [446.210,] 446.225 to

446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and rules adopted thereunder.


455.117. (1) Except as provided in subsection (3) of this section, a regulatory body listed in

subsection (2) of this section may adopt rules to administer the licensing, certification or registra-

tion of persons regulated by the body. The rules adopted under this section may include, but need

not be limited to:

(a) The form and content of an application for issuance or renewal of a license, certificate or

registration;

(b) Training and continuing education requirements to maintain a license, certificate or regis-

tration;

(c) The form and content of and the process for preparing and administering examinations and

examination reviews;

(d) The term of a license, certificate or registration; and

(e) The creation of a system for combining two or more licenses, certificates or registrations

issued to an individual by an advisory board or the Department of Consumer and Business Services

into a single license, certificate, registration or other authorization.

(2) Subsection (1) of this section applies to the following:

(a) Subject to ORS 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420, with the ap-

proval of the Residential and Manufactured Structures Board, the Department of Consumer and

Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003

to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

Enrolled Senate Bill 983 (SB 983-INTRO) Page 1

(b) Subject to ORS 447.010 to 447.156 and ORS chapter 693, the State Plumbing Board for pur-

poses of licenses issued under ORS 447.010 to 447.156 and ORS chapter 693.

(c) Subject to ORS 460.005 to 460.175, after consultation with the Electrical and Elevator Board,

the department for purposes of licenses issued under ORS 460.005 to 460.175.

(d) Subject to ORS 479.510 to 479.945, the Electrical and Elevator Board for purposes of licenses

issued under ORS [446.210 or] 479.510 to 479.945.

(e) Subject to ORS 480.510 to 480.670, the Board of Boiler Rules for purposes of licenses issued

under ORS 480.510 to 480.670.

(3) This section does not authorize the adoption of rules regulating:

(a) Building officials, inspectors, plan reviewers or municipalities;

(b) Persons engaged in the manufacture, conversion or repair of prefabricated structures, pre-

fabricated components or recreational vehicles; or

(c) Master builders certified under ORS 455.800 to 455.820.


455.129. (1) As used in this section, “relative” means an individual related within the third de-

gree as determined by the common law, a spouse, an individual related to a spouse within the third

degree as determined by the common law or an individual in an adoptive relationship within the

third degree as determined by the common law.

(2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may

deny a license, certificate, registration or application or may suspend, revoke, condition or refuse

to renew a license, certificate or registration if the regulatory body finds that the licensee, certif-

icate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules

adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department

of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the li-

cense, certificate or registration was issued or the date of an order denying the application, was

incomplete in any material respect or contained a statement that, in light of the circumstances un-

der which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has em-

ployed individuals to perform work without appropriate licensing, certification or registration.

(e) Has advertised or otherwise held out as being a licensed, certified or registered specialty

code contractor without holding the appropriate specialty code contractor license, certificate or

registration.

(f) As a partner, officer, member or employee of a business, has advertised or held out that the

business is a licensed, certified or registered specialty code contractor if the business does not

possess the appropriate specialty code contractor license, certificate or registration.

(g) Has engaged in business as a specialty code contractor without holding a valid specialty

code contractor license, certificate or registration required for the business.

(h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate

or registration.

(i) Has acted in a manner creating a serious danger to the public health or safety.

(j) Has performed work or operated equipment within the scope of a specialty code license,

certificate or registration in a manner that violates an applicable minimum safety standard or a

statute or rule regarding safety.

(k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary

action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the

board.

(L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary

action by another state in regard to construction standards, permit requirements or construction-


related licensing violations or has failed to pay a civil penalty imposed by the other state in regard

to construction standards, permit requirements or construction-related licensing violations.

(m) Has, while performing work that requires or that is related to work that requires a valid

license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510

to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, violated any

statute or rule related to the state building code.

(n) Has performed a code inspection or plan review on a project to construct, alter, repair or

make an installation in a structure if the inspector or reviewer, or an employer or relative of the

inspector or reviewer, has a financial interest in or business affiliation with the project or structure.

(o) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil

penalty assessed under ORS 455.895 or has been the subject of action against the license, certificate

or registration by the Department of Consumer and Business Services, the director or an appropri-

ate advisory board.

(p) Is a business, owner or officer of a reorganized business entity as defined in ORS 657.682,

if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the

reorganized business entity is a member-managed limited liability company, has been subject to a

revocation or suspension order or to a condition or civil penalty under ORS 446.003 to 446.200,

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter

or ORS chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit

requirements or construction-related licensing violations.

(q) Is ordered to pay damages under a judgment or arbitration award that relates to con-

struction and that has become final by operation of law or on appeal.

(r) Is a business, the owner or an officer of which was an owner or officer in another business

at the time:

(A) The other business was assessed a civil penalty under ORS 455.895 that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action

being taken against the license, certificate or registration of the other business by the department,

the director or any advisory board.

(3) Subsection (2) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 to 447.156 or

ORS chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS [446.210 or]

479.510 to 479.945.

(c) The Board of Boiler Rules for purposes of licenses issued under ORS 480.510 to 480.670.

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses

issued under ORS 460.005 to 460.175.

(f) The department, subject to Residential and Manufactured Structures Board approval, for

purposes of licenses, certificates and registrations issued under ORS 446.003 to 446.200, 446.225 to

446.285 and 446.395 to 446.420.

(4) The department may administer and enforce subsection (2) of this section in the same manner

and to the same extent as any advisory board.


455.230. (1) Except as otherwise provided by law, all moneys appropriated or credited to the

Consumer and Business Services Fund and received under this chapter, ORS 447.010 to 447.156,

447.992, 460.005 to 460.175, 460.310 to 460.370, 479.510 to 479.945, 479.995, 480.510 to 480.670 and ORS

chapter 693 hereby are appropriated continuously for and shall be used by the director for the

purpose of carrying out the duties and responsibilities imposed upon the department under this

chapter, ORS 446.566 to 446.646, 446.661 to 446.756, 447.010 to 447.156, 447.992, 460.005 to 460.175,

460.310 to 460.370, 479.510 to 479.945, 479.995 and 480.510 to 480.670 and ORS chapter 693.

(2) Except as otherwise provided by law, all moneys appropriated or credited to the Consumer

and Business Services Fund and received under ORS 446.003 to 446.200, [446.210,] 446.225 to 446.285,


446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) hereby are appropriated

continuously for and shall be used by the director for the purpose of carrying out the duties and

responsibilities imposed upon the department under ORS 446.003 to 446.200, [446.210,] 446.225 to

446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to 446.756, and education and training

programs pertaining thereto.


479.840. (1) Upon receiving payment of the applicable application fee, the Department of Con-

sumer 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:

(a) $125 per year for an electrical contractor license for each place of business operated by the

applicant.

(b) $125 per year for a limited energy contractor, restricted energy contractor or limited sign

contractor license.

(c) $25 per year for a pump specialty contractor or limited maintenance specialty contractor li-

cense.

(d) $150 per year for an elevator contractor license.

(e) $100 for a three-year license for a:

(A) General journeyman electrician;

(B) General supervising electrician;

(C) Limited supervising industrial electrician;

(D) Limited supervising manufacturing plant electrician;

(E) Limited maintenance industrial electrician; or

[(F) Limited maintenance manufactured dwelling or recreational vehicle electrician; or]

[(G)] (F) 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;

(C) Limited journeyman sign electrician;

(D) Limited journeyman stage electrician; or

(E) Limited building maintenance electrician.

(2) The Electrical and Elevator Board shall set uniform permit fees, by rule, not to exceed the

cost of administration.

(3) The fees provided for in this section do not apply to persons paying inspection fees under

the terms of ORS 479.560 (3) or 479.630 (10).

(4) Each electrical contractor may furnish to the department a corporate surety bond to be ap-

proved by the department, an irrevocable letter of credit issued by an insured institution as defined

in ORS 706.008 or a cash bond under procedures approved by the department, in the sum of $2,000

guaranteeing the payment of all fees provided for under ORS 479.510 to 479.945. Before commencing

any electrical job an electrical contractor who has a current bond or letter of credit under this

subsection may apply to the department for a working permit which shall cost an amount estab-

lished by the department by rule. The working permit shall authorize the electrical contractor to

commence work. The total of all fees due for permits for each job, and the time such fees are pay-

able, shall be determined by the department by administrative rule under ORS 479.730. The con-

tractor shall keep the bond or letter of credit in force at all times. Any cancellation or revocation

of the bond or letter of credit shall revoke and suspend the license issued to the principal until such

time as a new bond or letter of credit shall be filed and approved. The department may bring an

action against the surety named in the bond or the letter of credit issuer with or without joining

in such action the principal named in the bond or letter of credit.


705.145. (1) There is created in the State Treasury a fund to be known as the Consumer and

Business Services Fund, separate and distinct from the General Fund. All moneys collected or re-

ceived by the Department of Consumer and Business Services, except moneys required to be paid


into the Workers’ Benefit Fund, shall be paid into the State Treasury and credited to the Consumer

and Business Services Fund. Moneys in the fund may be invested in the same manner as other state

moneys and any interest earned shall be credited to the fund.

(2) The department shall keep a record of all moneys deposited in the Consumer and Business

Services Fund that shall indicate, by separate account, the source from which the moneys are de-

rived, the interest earned and the activity or program against which any withdrawal is charged.

(3) If moneys credited to any one account are withdrawn, transferred or otherwise used for

purposes other than the program or activity for which the account is established, interest shall ac-

crue on the amount withdrawn from the date of withdrawal and until such funds are restored.

(4) Moneys in the fund are continuously appropriated to the department for its administrative

expenses and for its expenses in carrying out its functions and duties under any provision of law.

(5) Except as provided in ORS 705.165, it is the intention of the Legislative Assembly that the

performance of the various duties and functions of the department in connection with each of its

programs shall be financed by the fees, assessments and charges established and collected in con-

nection with those programs.

(6) There is created by transfer from the Consumer and Business Services Fund a revolving

administrative account in the amount of $100,000. The revolving account shall be disbursed by

checks or orders issued by the director or the Workers’ Compensation Board and drawn upon the

State Treasury, to carry on the duties and functions of the department and the board. All checks

or orders paid from the revolving account shall be reimbursed by a warrant drawn in favor of the

department charged against the Consumer and Business Services Fund and recorded in the appro-

priate subsidiary record.

(7) For the purposes of ORS chapter 656, the revolving account created pursuant to subsection

(6) of this section may also be used to:

(a) Pay compensation benefits; and

(b) Refund to employers amounts paid to the Consumer and Business Services Fund in excess

of the amounts required by ORS chapter 656.

(8) Notwithstanding subsections (2), (3) and (5) of this section and except as provided in ORS

455.220 (1), the moneys derived pursuant to ORS 446.003 to 446.200, [446.210,] 446.225 to 446.285,

446.395 to 446.420, 446.566 to 446.646, 446.661 to 446.756 and 455.220 (1) and deposited to the fund,

interest earned on those moneys and withdrawals of moneys for activities or programs under ORS

446.003 to 446.200, [446.210,] 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661 to

446.756, or education and training programs pertaining thereto, must be assigned to a single account

within the fund.

(9) Notwithstanding subsections (2), (3) and (5) of this section, the moneys derived pursuant to

ORS 455.240 or 460.370 or from state building code or specialty code program fees for which the

amount is established by department rule pursuant to ORS 455.020 (2) and deposited to the fund,

interest earned on those moneys and withdrawals of moneys for activities or programs described

under ORS 455.240 or 446.566 to 446.646, 446.661 to 446.756 and 460.310 to 460.370, structural or

mechanical specialty code programs or activities for which a fee is collected under ORS 455.020 (2),

or programs described under subsection (10) of this section that provide training and education for

persons employed in producing, selling, installing, delivering or inspecting manufactured structures

or manufactured dwelling parks or recreation parks, must be assigned to a single account within the

fund.

(10) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A and 279B, the department

may, after consultation with the appropriate specialty code advisory boards established under ORS

455.132, 455.135, 455.138, 480.535 and 693.115, contract for public or private parties to develop or

provide training and education programs relating to the state building code and associated licensing

or certification programs.

EXEMPTION FOR RECREATIONAL VEHICLE ELECTRICAL WORK



479.540. (1) Except as otherwise provided in this subsection, a person is not required to obtain

a license to make an electrical installation on residential or farm property that is owned by the

person or a member of the person’s immediate family if the property is not intended for sale, ex-

change, lease or rent. The following apply to the exemption established in this subsection:

(a) The exemption established for a person under this subsection does not exempt the work

performed by the person from having to comply with the requirements for such work under ORS

chapter 455 or this chapter and rules adopted thereunder.

(b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this

subsection establishes an exemption for work on, alterations to or replacement of parts of electrical

installations as necessary for maintenance of the existing electrical installations on that property,

but does not exempt new electrical installations or substantial alterations to existing electrical in-

stallations on that property. As used in this paragraph, “new electrical installations or substantial

alterations” does not include the replacement of an existing garbage disposal, dishwasher or electric

hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord’s

agent or the employee of the landlord or landlord’s agent.

(2) An electrical contractor license is not required in connection with an electrical installation:

(a) Of meters and similar devices for measuring electricity by a person principally engaged in

the business of generating or selling electricity in connection with the construction or maintenance

of electrical lines, wires or equipment.

(b) Of ignition or lighting systems for motor vehicles.

(c) To be made by a person on the person’s property in connection with the person’s business.

(d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecom-

munications carrier as defined in ORS 133.721, competitive telecommunications provider as defined

in ORS 759.005 or municipality for generation, transmission or distribution of electricity on property

that the utility, carrier, provider or municipality owns or manages.

(3) A person whose sole business is generating or selling electricity in connection with the

construction or maintenance of electrical lines, wires or equipment, is not required to obtain a li-

cense to transform, transmit or distribute electricity from its source to the service head of the

premises to be supplied thereby.

(4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures,

light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing

purposes that is owned, leased, managed or operated by a housing authority and the person doing

the repair or replacement is a member of the housing authority’s regular maintenance staff.

(b) A license is not required for:

(A) Temporary demonstrations;

(B) A street lighting system located on a public street or in a right of way if the system is

similar to a system provided by a public utility and the installation or maintenance, or both, is

performed by a qualified employee of a licensed electrical contractor principally engaged in the

business of installing and maintaining such systems; or

(C) An outdoor transmission or distribution system, whether overhead or underground, if the

system is similar to a system provided by a public utility and the installation or maintenance, or

both, is performed by a qualified employee of a licensed electrical contractor principally engaged in

the business of installing and maintaining such systems.

(c) For the purposes of this subsection, “qualified employee” means an employee who has reg-

istered with or graduated from a State of Oregon or federally approved apprenticeship course de-

signed for the work being performed. The supervising electrician signature required under ORS

479.560 (1)(b) does not apply to contractors working under this subsection.

(5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

(a) To electrical products owned by, supplied to or to be supplied to a public utility as defined

in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as

defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;


(b) To electrical installations made by or for a public utility, consumer-owned utility, telecom-

munications carrier or competitive telecommunications provider if the electrical installations are

an integral part of the equipment or electrical products of the utility, carrier or provider; or

(c) To any electrical generation plant owned or operated by a municipality to the same extent

that a utility, telecommunications carrier or competitive telecommunications provider is exempted

under paragraphs (a) and (b) of this subsection.

(6) A permit is not required:

(a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical

outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or

operated by a housing authority; or

(b) For the repair, alteration or replacement of existing electrical products or electrical instal-

lations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building

that is owned, leased, managed or operated by the state or a local government entity or other fa-

cilities designated by the Electrical and Elevator Board when the owner, operating manager or

electrical contractor of the facility meets the provisions of ORS 479.630 (1) and (2) and:

(A) Obtains a master permit for inspection under ORS 479.560 (3); or

(B) Obtains a master individual inspection permit under ORS 479.565.

(7) In cases of emergency in industrial plants, a permit is not required in advance for electrical

installation made by a person licensed as a general supervising electrician, a general journeyman

electrician or an electrical apprentice under ORS 479.630 if an application accompanied by appro-

priate fee for a permit is submitted to the Department of Consumer and Business Services within

five days after the commencement of such electrical work.

(8)(a) A license or permit is not required for the installation or assembly of industrial electrical

equipment by the duly authorized agents of the factory, vendor or owner.

(b) The license and permit exemptions of this subsection do not apply to activity in an area

where industrial electrical equipment is installed in or enters a hazardous location or penetrates

or enters a fire rated assembly or plenum rated assembly.

(c) As used in this subsection:

(A) “Duly authorized agents” means individuals trained by the factory or a vendor or by expe-

rience and who are knowledgeable in the operation, maintenance, repair and installation of indus-

trial electrical equipment.

(B) “Installation or assembly” means the reassembly at a job site of equipment that is wired and

assembled at the factory and then disassembled for shipping purposes or of existing equipment that

is relocated. “Installation or assembly” does not include work involving field fabricated assemblies

or any other electrical product that is not an original part of the industrial electrical equipment.

“Installation or assembly” does not include the connection of industrial electrical equipment to a

power source.

(9) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to:

(a) Electrical installations and repairs involving communication and signal systems of railroad

companies.

(b) Electrical installations and repairs involving remote and permanent broadcast systems of

radio and television stations licensed by the Federal Communications Commission if the systems are

not part of the building’s permanent wiring.

(c) The installing, maintaining, repairing or replacement of telecommunications systems on the

provider side of the demarcation point by a telecommunications service provider.

(d) The maintaining, repairing or replacement of telecommunications equipment on the customer

side of the demarcation point by a telecommunications service provider.

(e) Installations, by a telecommunications service provider or an appropriately licensed elec-

trical contractor, of telecommunications systems on the customer side of the demarcation point ex-

cept:

(A) Installations involving more than 10 telecommunications outlets; and


(B) Installations of any size that penetrate fire-resistive construction or air handling systems or

that pass through hazardous locations.

(f) Notwithstanding paragraph (e) of this subsection, installation of telecommunications systems

on the customer side of the demarcation point in:

(A) One and two family dwellings; and

(B) Multifamily dwellings having not more than four dwelling units if the installation is by a

telecommunications service provider.

(g) Notwithstanding paragraph (e) of this subsection, installation or replacement of cord or plug

connected telecommunications equipment on the customer side of the demarcation point.

(h) Notwithstanding paragraph (e) of this subsection, installation of patch cord and jumper

cross-connected equipment on the customer side of the demarcation point.

(10)(a) The board may grant partial or complete exemptions by rule for any electrical product

from any of the provisions of ORS 455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board

determines that the electrical product does not present a danger to the health and safety of the

people of this state.

(b) If the board grants an exemption pursuant to subsection (1) of this section, the board may

determine that the product may be installed by a person not licensed under ORS 479.510 to 479.945.

(11) ORS 479.760 does not apply to products described in this subsection that comply with the

electrical product safety standards established by concurrence of the board and the Director of the

Department of Consumer and Business Services as described under ORS 479.730. This subsection

does not exempt any products used in locations determined to be hazardous in the electrical code

of this state. The following apply to this subsection:

(a) Except as provided in paragraph (b) of this subsection, the exemption under this subsection

applies to:

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

(B) Testing equipment used in a laboratory or hospital.

(C) Commercial electrical air conditioning equipment.

(D) Prefabricated work performed by an electrical contractor with licensed electrical personnel

in the contractor’s place of business for assembly on the job site if the work is composed of parts

that meet the electrical product safety standards established by concurrence of the board and the

director.

(b) Notwithstanding paragraph (a) of this subsection, the board may require any of the products

described in paragraph (a) of this subsection to be subject to the certification requirements under

ORS 479.760 if the board determines that the product or class of products has presented a fire or

life safety hazard in use. A determination under this paragraph shall be effective as to any such

product or class of products installed after the date of the determination becomes final. The board

may reinstate any exemption removed under this paragraph if the board determines that the reasons

for the removal of the exemption have been corrected.

(12)(a) ORS 479.610 does not apply to installations of industrial electrical equipment unless the

board determines that the product or class of products may present a fire or life safety hazard.

(b) The board may reinstate an exemption removed under this subsection if the product qualifies

for reinstatement under:

(A) An equipment safety program approved by the board;

(B) Equipment minimum safety standards established by concurrence of the board and the di-

rector;

(C) An evaluation by an approved field evaluation firm;

(D) A listing from a nationally recognized testing laboratory;

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

(F) Any other method approved by the board.

(13) ORS 479.760 does not apply to electrical equipment that has been installed and in use for

one year or more.


(14) A person who holds a limited maintenance specialty contractor license or a limited pump

installation specialty contractor license issued under ORS 479.510 to 479.945 or a person who is the

employee of such license holder and who is listed with the board as an employee is not required to

have a journeyman license or supervising electrician’s license to perform work authorized under the

person’s license.

(15) A person is not required to obtain a permit for work on, alterations to or replacement of

parts of electrical installations as necessary for maintenance of existing electrical installations on

residential property owned by the person or by a member of the person’s immediate family. This

subsection does not establish an exemption for new electrical installations or substantial alterations

to existing electrical installations.

(16) A permit is not required for those minor electrical installations for which the board has

authorized an installation label.

(17) A residential home, as defined in ORS 443.580, and an adult foster home, as defined in ORS

443.705, is not a multifamily dwelling and only electrical installation standards and safety require-

ments applicable to single family dwellings apply to such homes.

(18) The permit requirements of ORS 479.550 and the license requirements of ORS 479.620 do

not apply to cable television installations.

(19) The provisions of any electrical products code or rule adopted pursuant to ORS 479.510 to

479.945 and 479.995 apply to cable and such products installed as part of a cable television instal-

lation.

(20) A person is not required to obtain a license to make an electrical installation in a prefab-

ricated structure, as defined in ORS 455.010, that is designed for residential use and intended for

delivery in another state.

(21) A person is not required to obtain a license to make electrical installations, repairs

or replacements in a recreational vehicle as defined by the board by rule.

[(21)] (22) As used in this section, “smoke alarm” has the meaning given that term under ORS

479.250.

EXEMPTION FOR RECREATIONAL VEHICLE PLUMBING WORK


447.060. (1) ORS 447.010 to 447.156 do not apply to a person:

(a) Engaging in plumbing work when not so engaged for hire.

(b) Using the services of regular employees in performing plumbing work for the benefit of

property owned, leased or operated by the person. For purposes of this paragraph, “regular em-

ployee” means a person who is subject to the provisions of ORS 316.162 to 316.221 and who has

completed a withholding exemptions certificate required by ORS 316.162 to 316.221.

(c) Using the services of an employee or contractor of a utility company, energy service provider

or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing

fixtures. The devices installed under this paragraph are exempt from the certification, permit and

inspection requirements of ORS 447.010 to 447.156 and ORS chapter 693.

(d) Engaging in plumbing work on a recreational vehicle as defined by the State Plumbing

Board by rule.

(2) A landscape contracting business licensed under ORS 671.560 is not required to be licensed

under ORS 447.010 to 447.156 to install, repair or maintain backflow assemblies for irrigation sys-

tems and ornamental water features if the work is performed by an individual who is licensed as

required by ORS 671.615 and is an owner or employee of the landscape contracting business. The

repair and maintenance of the backflow assembly must be performed by a tester certified under ORS

448.279. The licensing exemption established under this subsection does not exempt the landscape

contracting business from the inspection and permit requirements of ORS 447.010 to 447.156.


(3) This section applies to any person, including but not limited to, individuals, corporations,

associations, firms, partnerships, joint stock companies, public and municipal corporations, political

subdivisions, this state, the federal government and state or federal agencies.


693.020. (1) Except as provided in subsection (2) of this section, this chapter does not apply to:

(a) A person working on a building or premises owned by the person, regardless of whether the

person holds a license under this chapter, if the person complies with all the rules adopted under

this chapter and ORS 447.010 to 447.156 and ORS chapter 455.

(b) A person testing, repairing, servicing, maintaining, installing or replacing new or existing

potable water pump equipment not exceeding seven and one-half horsepower on residential property

and piping between the pumps and storage tanks for the pumps, regardless of whether the person

holds any license under this chapter.

(c) A person installing exterior storm drains that are not connected to a sanitary sewer or

combination sanitary storm sewer.

(d) An employee or contractor of a utility, energy service provider or water supplier who is in-

stalling an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The de-

vices installed under this paragraph are exempt from the certification, permit and inspection

requirements of this chapter and ORS 447.010 to 447.156.

(e) A person who owns, leases or operates residential property and who repairs, or uses regular

employees to repair, existing plumbing on property owned, leased or operated by the person, re-

gardless of whether the person or employee holds a license under this chapter. As used in this

paragraph:

(A) “Repair” means the act of replacing or putting together plumbing parts that restore the

existing plumbing system to a safe and sanitary operating condition.

(B) “Regular employee” means a person who is subject to the provisions of ORS 316.162 to

316.221 and who has completed a withholding exemptions certificate required by the provisions of

ORS 316.162 to 316.221.

(f) A person installing plumbing in a prefabricated structure, as defined in ORS 455.010, that is

designed for residential use and intended for delivery in another state.

(g) A person making plumbing installations, repairs or replacements in a recreational

vehicle as defined by the State Plumbing Board by rule.

(2) Subsection (1)(a) to (d) of this section does not allow a person other than a journeyman

plumber or apprentice plumber to install, remodel or alter plumbing in a commercial or industrial

building being constructed or offered for sale, exchange, rent or lease. As used in this subsection,

“install, remodel or alter” means activities that involve installations or changes to the plumbing

inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

(3) This section applies to any person, including but not limited to individuals, corporations,

associations, firms, partnerships, joint stock companies, public and municipal corporations, political

subdivisions, this state and any agencies thereof and the federal government and any agencies

thereof.

(4) Except as provided in subsection (1)(d) of this section, nothing in this section exempts a

person from the plumbing inspection requirements of ORS 447.010 to 447.156.

CAPTIONS

SECTION 11. The unit captions used in this 2017 Act are provided only for the conven-

ience of the reader and do not become part of the statutory law of this state or express any

legislative intent in the enactment of this 2017 Act.


Passed by Senate April 19, 2017

..................................................................................

Lori L. Brocker, Secretary of Senate

..................................................................................

Peter Courtney, President of Senate

Passed by House June 6, 2017

..................................................................................

Tina Kotek, Speaker of House

Received by Governor:

........................M.,........................................................., 2017

Approved:

........................M.,........................................................., 2017

..................................................................................

Kate Brown, Governor

Filed in Office of Secretary of State:

........................M.,........................................................., 2017

..................................................................................

Dennis Richardson, Secretary of State


of 2

State of Oregon Board memo Building Codes Division December 14, 2017 To: State Plumbing Board From: Tyler Larson, policy analyst, Policy and Technical Services Subject: Continuing Education Applications Action requested: State Plumbing Board review and approve the Continuing Education Committee’s recommendations for continuing education courses and instructors. Background: The State Plumbing Board establishes continuing education requirements for all plumbing licensees in order to ensure licensees possess up-to-date knowledge of the code and administrative requirements. The board’s continuing education committee met on September 7, 2017, to review continuing education course and instructor applications. The committee reviewed 35 applications from 5 organizations: 18 courses were recommended for approval. No courses were recommended for denial. 17 course applications are pending waiting for additional information from the provider. 57 instructors were recommended for approval. 1 instructor was recommended for denial. 4 instructor applications are pending waiting for additional information from the

provider. See attached summary for more information. In addition to the Oregon Rule and Law criteria, the committee is using the following when reviewing applications: For correspondence courses – Provider must submit complete course and some method of

verification that student has completed course. For online courses – Provider must submit a log-on or screen shots of course content. OSHA 10 and 30 courses are eligible for a maximum of 10 hours code-related credit. First Aid, CPR, AED, and OHSA related safety courses are eligible for a maximum of

eight hours code-related credit.

Agenda Item

VII.B.

of 2

Options: Approve the committee’s recommendations for approval or denial of courses or

instructors. Amend and approve the committee’s recommendations for approval or denial of courses

or instructors. Disapprove the committee’s recommendations for approval or denial of courses or

instructors.

1

State Plumbing Board Committee on Continuing Education Course and Instructor Review

December 14, 2017

Applications Approved

Courses

Applicant Course Name Committee

Recommendation Board Action

1 @ First Attempt Oregon 8 Hour OPSC Review (8 hours CR) Approve – 2017 code cycle

2 @ First Attempt Oregon 4 Hour 2017 OPSC Updates (4 hours CC) Approve – 2017 code cycle

3 @ First Attempt Oregon 4 Hour Rule & Law for Plumbers (4 hours OR&L) Approve – 2017 code cycle

4 @ First Attempt Oregon 4 Hour Safety Training for Plumbers (4 hours CR) Approve – 2017 code cycle

5 @ First Attempt Oregon 4 Hour Rainwater Harvesting (4 hours CR) Approve – 2017 code cycle

6 Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters

2017 Oregon Plumbing Code Change (4 hours CC) Approve – 2017 code cycle


Backflow Device Testing (4 hours CR) Approve – 2017 code cycle


Backflow Device Testing Recertification (4 hours CR) Approve – 2017 code cycle


Basic Life Support / First Aid (8 hours CR) Approve – 2017 code cycle


Combustion in Boiler & HVAC Equipment (8 hours CR) Approve – 2017 code cycle


Confined Space (6 hours CR) Approve – 2017 code cycle


Medical Gas Code (32 hours CR) Approve – 2017 code cycle

13 Apprentice & Journeyman Medical Gas Recertification (8 hours CR) Approve – 2017 code cycle

2

Training Institute Local 290 Plumbers and Steamfitters


Oregon Plumbing Rule & Law (4 hours OR&L) Approve – 2017 code cycle


OSHA 10 (10 hours CR) Approve – 2017 code cycle


OSHA 30 (10 hours CR) Approve – 2017 code cycle


WA/OR Code Comparison (16 hours CR) Approve – 2017 code cycle


Heat Pump Fundamentals (8 hours CR) Approve – 2017 code cycle

Instructors

Applicant

Committee Recommendation

Board Action

1 Bonnie Timberlake (CR) MEDIC First Aid

Approve – 2017 code-cycle

2 Bonny McCoy (CR) MEDIC First Aid


3 Brad Burns (CR) MEDIC First Aid


4 Bret W. Bennett (CR) MEDIC First Aid


5 Bruce Goetch (CR) MEDIC First Aid


6 Chris Mortensen (CR) MEDIC First Aid


7 David W. Peterson (CR) MEDIC First Aid


3

8 Dean Osborn (CR) MEDIC First Aid


9 Desiree Toro-Montgomery (CR) MEDIC First Aid


10 Dorene Giblin (CR) MEDIC First Aid


11 Douglas G. Primmer (CR) MEDIC First Aid


12 Eli Anderson (CR) MEDIC First Aid


13 Forest L. Ledbetter (CR) MEDIC First Aid


14 Gabriel Farmer (CR) MEDIC First Aid


15 Gregory Lytton (CR) MEDIC First Aid


16 Greg MacNab (CR) MEDIC First Aid


17 Gunnar Faller (CR) MEDIC First Aid


18 Heather A. Demos (CR) MEDIC First Aid


19 James R. Clack (CR) MEDIC First Aid


20 Jason Primmer (CR) MEDIC First Aid


21 Jeff Coffman (CR) MEDIC First Aid


22 John Waggoner (CR) MEDIC First Aid


23 Jon W. Lever (CR) MEDIC First Aid


24 Julie Ferguson (CR) Approve – 2017 code-cycle

4

MEDIC First Aid

25 Kathleen Fitts (CR) MEDIC First Aid


26 Kenjiro Williams (CR) MEDIC First Aid


27 Kevin Stockton (CR) MEDIC First Aid


28 Lisa Hammonds (CR) MEDIC First Aid


29 Lisa Hill (CR) MEDIC First Aid


30 Melissa Bucher (CR) MEDIC First Aid


31 Michael T. Marostica (CR) MEDIC First Aid


32 Patrick Samples (CR) MEDIC First Aid


33 Paul J. Hames (CR) MEDIC First Aid


34 Phaline Mays (CR) MEDIC First Aid


35 Ralph Vanderkooy (CR) MEDIC First Aid


36 Renee Pollick (CR) MEDIC First Aid


37 Ronnie Mitchell (CR) MEDIC First Aid


38 Ryan Samms (CR) MEDIC First Aid


39 Shawn Gibbs-Kempas (CR) MEDIC First Aid


40 Sherri Bratton (CR) MEDIC First Aid


5

41 Steven H. Weltz (CR) MEDIC First Aid


42 Tim Vandever (CR) MEDIC First Aid


43 Tom Coleman (CR) MEDIC First Aid


44 Christopher MacQuarrie (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


45 Curtis Gillette (OR&L, CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


46 Dennis Coplin Sr. (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


47 Dominic DePiero (OR&L, CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


48 Gregg Hall (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


49 James Bedlion (CC, OR&L, CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


50 James Myers (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


51 Joseph Y Tavares (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


52 Levi Knapp (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


53 Jonathan Mark Lewis (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


54 Roger Hendrix (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


55 Ron Chapman (CR) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


56 Ronald DePiero (OR&L) Apprentice & Journeyman Training Institute Local 290 Plumbers and Steamfitters


57 Elias Campbell (CR) Approve – 2017 code-cycle

6

Touchstone Consulting LLC

Applications Pending

Courses

Applicant Course Name Information Requested by Committee

1 Mike Ditty LLC 4 hr 2017 Oregon Code Change (4 hours CC) Correspondence Course: • Verification that student has completed training

2 Mike Ditty LLC 4 hr Oregon Rule and Law 2017 (4 hours OR&L) Correspondence Course: • Verification that student has completed training • Does not meet content standards for OR&L • Course content does not reflect current regulations

3 Mike Ditty LLC Building Sewers (4 hours CR) Correspondence Course: • Verification that student has completed training

4 Mike Ditty LLC Commercial Water Distribution (4 hours CR) Correspondence Course: • Verification that student has completed training

5 Mike Ditty LLC Drainage Systems (4 hours CR) Correspondence Course: • Verification that student has completed training

6 Mike Ditty LLC Electric Pump Systems (4 hours CR) Correspondence Course: • Verification that student has completed training

7 Mike Ditty LLC Electric Pump Fixtures (4 hours CR) Correspondence Course: • Verification that student has completed training

8 Mike Ditty LLC Grease Traps & Interceptors (4 hours CR) Correspondence Course: • Verification that student has completed training • Course content does not reflect current regulations

9 Mike Ditty LLC Horizontal Wet Venting (4 hours CR) Correspondence Course: • Verification that student has completed training • Course content does not reflect current regulations

10 Mike Ditty LLC Indirect Waste (4 hours CR) Correspondence Course: • Verification that student has completed training

11 Mike Ditty LLC Isometric Drawing (4 hours CR) Correspondence Course: • Verification that student has completed training

7

12 Mike Ditty LLC Old Plumbing (4 hours CR) Correspondence Course: • Verification that student has completed training

13 Mike Ditty LLC Plumbing ADA (4 hours CR) Correspondence Course: • Verification that student has completed training • Course content does not reflect current regulations

14 Mike Ditty LLC Plumbing Fixtures (4 hours CR) Correspondence Course: • Verification that student has completed training • Course content does not reflect current regulations

15 Mike Ditty LLC Residential Water Distribution (4 hours CR) Correspondence Course: • Verification that student has completed training

16 Mike Ditty LLC Super Bloopers (4 hours CR) Correspondence Course: • Verification that student has completed training

17 Touchstone Consulting OSHA 10/30 (10 hour CR) • Need separate applications for each course • Application must include course description and outline

Instructors

Applicant Information Requested by Committee

1 Bryan Tooley (CR) MEDIC First Aid

• Current certification (expired 11/28/17)

2 Chad Scott (CR) MEDIC First Aid

• Current certification (expires 12/20/17)

3 David Dirkx (CR) MEDIC First Aid


4 Jason Paul MEDIC First Aid


Applications Denied

Instructors

Applicant Grounds for Denial

1 James Simpson (CR) MEDIC First Aid

• Not certified since 2015

building codes division - oregon...building codes division 1535 edgewater street nw p.o. box 14470...

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