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 Electrical and Elevator Board Meeting agenda Thursday, November 16, 2017, 9:30 a.m. Conference Room A Board meetings are broadcast live via the Internet at http://www.oregon.gov/bcd Click on “View live meetings” I. Board business A. Call to order B. Roll call C. Approval of agenda and order of business D. Approval of the draft board meeting minutes of September 28, 2017 E. Date of the next regularly scheduled meeting: January 25, 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. Consideration of final order in the Matter of Guillermo Gonzales B. Summary of enforcement actions previously taken by the division outlined on the enforcement board report (No board action required) C. Suspension and conditioned licenses previously taken by the division outlined on the enforcement board report (No board action required) D. Elevator program update E. Electrical program update IV. Communications - None V. Appeals - None VI. Unfinished business - None VII. New business A. Review and consideration of proposed amendments to electrical minor installation label rules B. Review and consideration of proposed amendments to electrical licensing exemptions C. Arthur Peterson requests the board to consider issues regarding the reinstatement of a signing supervisor’s license after issuing a Consent Order
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I. II. - Oregon...September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair Tom Kyle, electrical contractor Timothy Frew, journeyman electrician Scott
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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
Electrical and Elevator Board
Meeting agenda
Thursday, November 16, 2017, 9:30 a.m.
Conference Room A
Board meetings are broadcast live via the Internet at
http://www.oregon.gov/bcd
Click on “View live meetings”
I. Board business
A. Call to order
B. Roll call
C. Approval of agenda and order of business
D. Approval of the draft board meeting minutes of September 28, 2017
E. Date of the next regularly scheduled meeting: January 25, 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. Consideration of final order in the Matter of Guillermo Gonzales
B. Summary of enforcement actions previously taken by the division outlined on the
enforcement board report (No board action required)
C. Suspension and conditioned licenses previously taken by the division outlined on the
enforcement board report (No board action required)
D. Elevator program update
E. Electrical program update
IV. Communications - None
V. Appeals - None
VI. Unfinished business - None
VII. New business
A. Review and consideration of proposed amendments to electrical minor installation label
rules
B. Review and consideration of proposed amendments to electrical licensing exemptions
C. Arthur Peterson requests the board to consider issues regarding the reinstatement of a
signing supervisor’s license after issuing a Consent Order
September 28, 2017 Members present: Heather Miller, journeyman electrician, vice-chair
Tom Kyle, electrical contractor
Timothy Frew, journeyman electrician
Scott Hall, electrical equipment supplier
Warren Jackson, building official
Joseph Pugh, public member
Robert Pyne, journeyman elevator installer
James Totten, owner or manager of a commercial office building
Members absent: Thomas Faires, elevator manufacturing representative Vern Palmrose, power and light industry Randy Smith, electrical inspector Steven Trapp, electrical contractor Vacant, commercial underwriter Vacant, electrical equipment manufacturing rep Vacant, industrial plant employing electricians Staff present: Keith Anderson, electrical program chief, Policy and Technical
Services Andrea Simmons, enforcement manager, Enforcement Services
Alana Cox, senior policy advisor, Policy and Technical Services Warren Hartung, elevator program chief, Statewide Services
Roseanne Nelson, assistant manager, Statewide Services Anthony Estrada, contested case representative, Enforcement Services Shannon Flowers, contested case representative, Enforcement Services Sarah Blam, contested case representative, Enforcement Services Todd Smith, policy analyst, Policy and Technical Services Brett Salmon, senior policy analyst, Administration Services
Richard Baumann, policy analyst, Policy and Technical Services Debi Barnes-Woods, boards administrator, Policy and Technical Services Shane Sumption, interim manager, Policy and Technical Services
Guests present: Nathan Philips, NECA Randy Carmony, Local 23 Michael Weaver, former chair of the Electrical and Elevator Board Cindy Page, IEC Oregon James Imlah, Imlah Elect I. Board business
A. Call to order Vice-chair Heather Miller called the Electrical and Elevator Board meeting of September 28, 2017, to order at 9:33 a.m. The meeting was held at the Building Codes Division in Conference Room A, 1535 Edgewater Street NW, Salem, Oregon.
DRAFT State of Oregon
Agenda
Item
I.D.
Page 2 of 5
B. Roll call Thomas Faires, Vernon Palmrose, Randy Smith and Steven Trapp were all excused. Scott Hall, Joseph Pugh, Robert Pyne, and James Totten were all connected by teleconference. The Electrical and Elevator Board has the following four vacancies: Commercial underwriter, electrical equipment mfr. representative, and industrial plant representative.
C. Approval of the agenda and order of business
Acting Chair Miller RULED the agenda and order of business approved.
D. Approval of the board meeting draft minutes of July 27, 2017
Acting Chair Miller RULED the board meeting draft minutes of July 27, 2017,
final.
E. Date of the next regularly scheduled meeting: November 16, 2017.
F. Update/Welcome new board members
Thomas Kyle was welcomed to the board in the electrical contractor position
replacing Michael Weaver.
Warren Jackson was welcomed to the board in the building official position
The board and the division said farewell to Michael Weaver who has been
representing the electrical contractors of Oregon. Michael has served on the
board since October 1, 2009.
G. Other board business
Andrea Simmons, manager, Enforcement Services, explained the election process
for a new chair.
Manager Simmons opened nominations for the chair position. Timothy Frew
nominated Heather Miller for chair of the Electrical and Elevator Board. Ms.
Miller accepted the nomination. No other nominations were made. Nominations
were closed.
Roll call vote taken for Heather Miller to become chair of the Electrical and
Elevator Board.
Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller
Nay: None
Heather Miller has been unanimously voted in as chair of the Electrical and
Elevator Board.
Manager Simmons opened nominations for the vice chair position. Tom Kyle
nominated Timothy Frew as vice-chair of the Electrical and Elevator Board. Mr.
Frew accepted the nomination. Because there were no other members nominated
for the vice-chair the nominations were closed.
Roll call vote was taken for Timothy Frew to become vice-chair of the Electrical
and Elevator Board.
Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller
Nay: None
Page 3 of 5
Timothy Frew has been unanimously voted in as vice-chair of the Electrical
and Elevator Board.
II. Public comment - None
III. Reports A. Summary of enforcement actions previously taken by the division outlined
on the enforcement board report. (No board action required)
Anthony Estrada, contested case representative, Enforcement Services, introduced
Sarah Blam, newest member to Enforcement Services as a contested case
representative. Mr. Estrada was available for questions on the summary report.
B. Revocation, suspensions and conditioned licenses previously taken by the
division outlined on the enforcement board report. (No board action required)
Mr. Estrada was available for questions.
C. Elevator program update
Warren Hartung, elevator program chief, Statewide Services, reported on July and
August accident and overdue reports. He noted that the section is down by two
elevator inspectors.
F. Electrical program update
Keith Anderson, electrical program chief, reported on a few items of interest:
The 2017 Oregon Electrical Specialty Code will become effective October
1, 2017
Required code change classes for inspectors will begin in November of
2017
IV. Communications - None V. Appeals – None
VI. Unfinished business - None
VII. New business
A. Board to review membership on the Construction Industry Energy Board
Todd Smith, policy analyst, Policy and Technical Services, discussed the
membership of the Construction Industry Energy Board (CIEB). He said current
members are Timothy Frew and Steven Trapp, who has a long term excused
absence. Mr. Frew said he would like to remain on the board representing the
Electrical and Elevator Board (EE Board). All members were in favor of Timothy
Frew remaining on the CIEB representing the EE Board.
Chair Miller opened nominations to replace Steven Trapp on the CIEB.
Vice-chair Timothy Frew nominated Tom Kyle to be a member of the CIEB
replacing Steven Trapp. Mr. Kyle accepted the nomination. No other nominations
Motion by Warren Jackson to approve the nomination to appoint Tom Kyle as
member of the CIEB.
Roll call vote taken:
Yea: Totten, Pyne, Pugh, Jackson, Kyle, Hall, Frew, Miller
Nay: None
Motion carried unanimously
B. Review and approve committee recommendations for new continuing
education course and instructor applications Rich Baumann, policy analyst, Policy and Technical Services, for informational
purposes only Mr. Baumann noted that the committee has received 656
applications for the 2017 code cycle. Out of the 656, 481 applications were
approved, 72 applications were denied, and 103 applications were sent back to the
applicants needing additional information.
Chair Miller wanted to thank the committee members for all their hard work of
reviewing applications and volunteering their time.
Motion by vice-chair Frew to approve the committee recommendations.
Motion carried unanimously
C. Review committee recommendation regarding Class B Limited Energy
Technician 32-hour training programs
Motion by Tom Kyle to extend the course submission time through January of
2018, and allow the curriculum previously approved to continue to be taught and
others to apply.
Motion carried unanimously.
Motion was rescinded by Tom Kyle then restated.
Motion by Tom Kyle to allow previously approved providers to continue to offer
LEB training with the understanding that if they want to continue to offering LEB
training in the future, they must resubmit requested information by January 1,
2018, and to allow any other interested individuals to submit a training program.
The board will review any training programs submitted at the January 25, 2018,
board meeting.
After further discussion, Mr. Kyle amended his motion that the current
providers offering LEB training must submit curriculum by November 15,
2017, and that they are approved to offer LEB training until January 25, 2018.
Motion carried unanimously
Motion by vice-chair Tim Frew to approve the committee recommendation for
Joan P. Albert’s 32-hour training program.
Motion carried unanimously.
IX. Announcements
Manager Simmons introduced the new interim manager for Policy and Technical
Services Shane Sumption.
Page 5 of 5
Mike Weaver, former chair, briefly discussed the importance of members being
present at meetings instead of connected by teleconference. He said that as past
chair of the Electrical and Elevator Board, it was difficult to chair the meeting and
keep track of members connected by teleconference. Mr. Weaver said that some
conversations have been lost because of miscommunication or not hearing
discussions at all. He reminded all members that board meetings are scheduled
one-year in advance and said that teleconference is in place as an emergency
choice and said that being present at meetings makes that meeting more effective.
X. Adjournment Chair Miller adjourned the meeting at 11:05 a.m.
Respectfully submitted by Debi Barnes-Woods, boards administrator/coordinator.
State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Shannon Flowers, contested case representative, Enforcement Services Subject: Final Order for Case No. C2016-0378, In the Matter of Guillermo Gonzales Action requested: To consider the adoption of a Proposed Order and issue a Final Order. Background: On May 8, 2017, the Building Codes Division (Division), acting on behalf of the Electrical and Elevator (Board), issued a Notice of Proposed Assessment of Civil Penalty (Notice) to Guillermo Gonzales (Respondent). The Notice proposed to assess a total civil penalty of $2,000.00 and alleged that Respondent had performed electrical installations without a journeyman or supervising electrician’s license in violation of ORS 479.620(3). On or about May 30, 2017, Respondent requested a hearing.
A hearing was held on October 12, 2017, before Administrative Law Judge Samantha Fair (ALJ Fair). The Division appeared and was represented by Shannon Flowers. Testifying on behalf of the Division were Mike Weaver, a Division license enforcement person; Christopher Titus, a Division investigator; and William Keith Anderson, the State of Oregon’s Electrical Program Chief. On October 13, 2017, ALJ Fair issued a Proposed Order finding that Respondent violated ORS 479.620(3) and must pay a civil penalty of $2,000 for this violation.
Agenda Item III.A.
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 1 of 6
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF OREGON
for the BUILDING CODES DIVISION
ELECTRICAL AND ELEVATOR BOARD
IN THE MATTER OF: GUILLERMO GONZALES
) ) ) ) ) )
PROPOSED ORDER OAH Case No. 2017-ABC-00818 Agency Case No. C2016-0378
HISTORY OF THE CASE
On May 8, 2017, the Building Codes Division (Division) Electrical and Elevator Board (Board) issued a Notice of Proposed Assessment of a Civil Penalty and Final Order on Default (Notice) to Guillermo Gonzales, proposing to assess a civil penalty of $2,000 against him. On May 30, 2017, Mr. Gonzales requested a hearing. On August 7, 2017, the Division referred the matter to the Office of Administrative Hearings (OAH). The OAH assigned Administrative Law Judge (ALJ) Joe Allen to preside at hearing. On August 30, 2017, the Division requested a change in the assigned ALJ. On September 6, 2017, the OAH granted the request and reassigned the matter to ALJ Samantha Fair. On October 12, 2017, ALF Fair convened a telephone hearing. Ines Venturini and Patricia Anda, certified Spanish language interpreters, provided interpretive services for the hearing. Mr. Gonzales appeared and testified. The Division appeared and was represented by Shannon Flowers. Testifying on behalf of the Division were Mike Weaver, a Division license enforcement person; Christopher Titus, a Division investigator; and William Keith Anderson, the State of Oregon’s Electrical Program Chief. The record closed on October 12, 2017, at the conclusion of the hearing.
ISSUES
1. Whether Mr. Gonzales performed electrical installations without a supervising or journeyman electrician’s license. ORS 479.620(3). 2. Whether the Board should assess a civil penalty against Mr. Gonzales. ORS 455.895(1) and OAR 918-001-0036.
EVIDENTIARY RULINGS
Exhibits A1 through A6, offered by the Division, were admitted into the record without
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 2 of 6
objection.
FINDINGS OF FACT
1. The Board has never issued Mr. Gonzales any type of electrician’s license. (Test. of Weaver and Anderson.) 2. Mr. Gonzales regularly performs minor maintenance work at a 17-unit apartment complex located in Marin, Oregon, which is owned by Pattola Hanatontha. (Ex. A1 at 3-4; test. of Gonzales.) 3. Approximately September 8, 2016, at the direction of Mr. Hanatontha, Mr. Gonzales installed new electrical wiring for the apartment complex’s main power supply through the weather mast to the main electrical panel. He used aluminum 250 wire for the project at the recommendation of an employee of the local hardware store. (Exs. A1 at 2-3; A4 at 9-10; A5 at 1; test. of Gonzales.) He welded a piece of metal in the main electrical panel to bypass a fuse. (Exs. A1 at 2-3; A4 at 7-8; A5 at 1.) 4. The grade of wire for a structure’s main power supply should be 3.0 wire. When an electrical inspector and a fire marshal reviewed the work on September 8, 2016, they determined the work to be unsafe. The local utility company disconnected the power to the apartment complex. The following day, the local utility company reconnected the power to the apartment complex after repairs were made by a licensed electrician. (Ex. A1 at 2-4.) 5. The Division implemented a civil penalty matrix (Penalty Matrix) for electrical violations. The Penalty Matrix provides for civil penalties based upon the type of violation and “upon the number of violations committed within five years of the date of the present violation.” (Ex. A6 at 1.) For individuals without any prior violations, the Penalty Matrix provides for a civil penalty of $2,000 for individuals performing unlicensed activities. (Id.) 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.) Mr. Gonzales has no prior violations with the Division. (Test. of Anderson.)
CONCLUSIONS OF LAW 1. Mr. Gonzales performed electrical installations without a supervising or journeyman electrician’s license. 2. The Board should assess a civil penalty against Mr. Gonzales.
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 3 of 6
OPINION The Board proposes to assess Mr. Gonzales a civil penalty based upon an allegation of his performance of an electrical installation without the appropriate license. As the proponent of the allegation, the Board has the burden to establish, by a preponderance of the evidence, that the allegation is correct and it is entitled to assess the civil penalty. 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, the installation of electrical wiring in any structure is an electrical installation. A main electrical panel to which a structure’s main power supply is delivered is an electrical product. By installing electrical wiring, regardless of whether he used the correct wire or not, to the apartment complex and performing a repair on the main electrical panel, Mr. Gonzales performed an electrical installation. ORS 479.620 provides, in part:
Subject to ORS 479.540, a person may not: (3) Except as provided in subsection (5) of this section, make any electrical installation without a supervising or journeyman electrician’s license[.]
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 4 of 6
Mr. Gonzales holds no active licenses issued by the Boad. Therefore, even though the apartment complex’s owner authorized him to perform the electrical installation, Mr. Gonzales violated ORS 479.620(3) by performing an electrical installation without a supervising or journeyman electrician’s license.1 Assessment of Civil Penalties ORS 455.895(1)(b) provides, in part:
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 479.995 provides:
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 violation, the Board sought to assess a civil penalty against Mr. Gonzales in the amount of $2,000. Pursuant to OAR 918-001-0036(6), the Division developed the Penalty Matrix, which provides that first-time violators must be assessed a $2,000 civil penalty for performing unlicensed activities. The Board is entitled to assess a $2,000 civil penalty against Mr. Guillermo for his violation of ORS 479.620(3). / / / / / / / / / / 1 ORS 479.620(5) allows the performance of certain electrical installation with a limited residential electrician’s license, which Mr. Gonzales also does not have.
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 5 of 6
ORDER
I propose the Building Codes Division Electrical and Elevator Board issue the following order: The Building Codes Division Electrical and Elevator Board established that Guillermo Gonzales violated ORS 479.620(3). Guillermo Gonzales must pay the Electrical and Elevator Board a civil penalty of $2,000 for this violation.
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
In the Matter of Guillermo Gonzales - OAH Case No. 2017-ABC-00818 Proposed Order Page 6 of 6
CERTIFICATE OF MAILING
On October 13, 2017 I mailed the foregoing PROPOSED ORDER issued on this date in OAH Case No. 2017-ABC-00818. By: First Class Mail Guillermo Gonzales PO Box 344 Malin OR 97632 By: Electronic Mail Shannon Flowers, Agency Representative Building Codes Division PO Box 14470 Salem OR 97309 Alesia K Vella
Hearing Coordinator
Electrical and Elevator Board Enforcement Report for November 16, 2017
Case # Name Violation Location of
Violation
Date of
Violation
Penalty
Assessed
Penalty to
Pay
Other Comments
C2017-0293
Anthony
Balden, Michael Failure to pay civil penalties on case
C2017-0044.
Oregon May 2017 $1,500
*original civil
penalty was
$2,000
$1,500 Default Order
Complaint submitted by BCD
fiscal
C2017-0219
Dan
Jenkins, Charles Installation of 3 electrical fans in
bathroom and kitchen and installation
of electric stove.
No journeyman electrician license
Gleneden Beach October 2016 $2,000 $750 Consent Order
Complaint submitted by BCD
field investigator
C2017-0339
Shannon
Kodiak Electric of Washington
Inc.
Failure to pay civil penalties on case
C2016-0483.
Oregon June 2017 $2,500
*original civil
penalty was
$4,000
$2,500 Default Order
Complaint submitted by BCD
fiscal
C2017-0163
Chris
Wathen, Mike Advertising on craigslist.org.
Installation of electrical wiring and
replacement of electrical switches.
No journeyman electrician license
No electrical contractor license
No electrical permit
Portland February 2017 $12,000* $2,000 Consent Order
Complaint submitted by BCD
employee
C2017-0272
Dave
Delta Electric Service, LLC Installation of electrical wiring and
light switches at residential properties.
No electrical contractor license
Allowing unlicensed individual
Oregon July 2014
through
May 2017
$17,000 $6,000 Consent Order
Complaint submitted by BCD
employee
Summary Report - Cases Previously Resolved by Division
*Total civil penalty assessed for more than one program
Page 1 of 2
Woodsdj
Text Box
Agenda Item III.B.
Electrical and Elevator Board Enforcement Report for November 16, 2017
Case # Name Violation Location of
Violation
Date of
Violation
Penalty
Assessed
Penalty to
Pay
Other Comments
Summary Report - Cases Previously Resolved by Division
C2017-0364
Dave
Swanson, Curtis Installation of electrical wiring and
light switches at residential properties.
Allowing unlicensed individual
Oregon June 2017 $2,000 $750 Consent Order
Complaint submitted by BCD
employee
C2017-0176
Russ
McDougal, Cindy Installation of electrical outlets,
electrical boxes, electrical switches,
light fixtures and electrical wiring.
Allowing an unlicensed individual to
perform electrical work
Lebanon March 2017 $2,000 $2,000 Default Order
Complaint submitted by
industry
C2017-0331
Sarah
Ramirez, Edgar Installation of new LED light fixtures
and connecting fixtures to electrical
wiring.
No journeyman electrician license
Medford July 2017 $2,000 $2,000 Default Order
Complaint submitted by license
enforcement person
C2017-0309
Shannon
Garcia-Govea, Uriel Richard Installation of electrical wiring.
No journeyman electrician license
Roseburg July 2017 $2,000 $2,000 Default Order
Complaint submitted by license
enforcement person
*Total civil penalty assessed for more than one program
Page 2 of 2
Electrical and Elevator Board Enforcement Report for November 16, 2017
Case # NameSuspension/Revocation/Conditioned
InformationOther Comments
C2017-0339
Shannon
Kodiak Electric of Washington Inc. Respondent's electrical contractor license has
been suspended.
Default Order
C2017-0272
Andrea
Delta Electric Service, LLC Respondent's electrical contractors license has
been conditioned for 1 year. Respondent shall
provide the Division with quarterly reports of
all employees and their job titles along with
information on all job sites where electrical
installations are made, including permit number,
location, date and which licensed electrician
made the installation.
Consent Order
License Suspensions, Revocations and Conditioned
Page 1 of 1
Woodsdj
Text Box
Agenda Item III.C.
State of Oregon Board memo Building Codes Division November 16, 2017 To: Electrical and Elevator Board From: Alana Cox, senior policy advisor, Policy and Technical Services Subject: Electrical Minor Label Rulemaking Action requested: Electrical and Elevator Board review and consideration of proposed amendments to electrical minor installation label rules. Background: Minor installation labels can be used in lieu of a full permit for certain installations. Minor labels are less expensive than full permits, and generally one in ten minor labels receives an inspection. The scope for electrical minor labels has not been reviewed in over 10 years and there was a desire to explore whether the scope could be updated to include additional installations. The division worked with several key industry stakeholder representatives to develop these proposed revisions to the electrical minor label rules. Discussion: The enclosed draft rules generally expand the scope of what installations a minor label may be used on. They also clarify some areas that have caused confusion among customers and update incorrect references. Options: Approve the proposed amendments to OAR 918-309-0210 and 918-309-0220 and
forward to the Administrator for rulemaking and subsequent adoption. Amend and approve the proposed amendments to OAR 918-309-0210 and 918-309-0220
and forward to the Administrator for rulemaking and subsequent adoption. Disapprove the proposed amendments, keeping the electrical minor labels rules
unchanged.
Agenda Item
VII.A.
1
Electrical Minor Installation Labels DRAFT 11/16/17
918-309-0210 Use of Minor Installation Labels
(1) Persons who may be issued and use minor labels. Minor installation labels may only be issued to and used for installations under the minor label programs permitted by OAR 918-100-0000 through 918-100-0060 by:
(a) An electrical contractor employing a properly licensed general supervising electrician only as authorized by OAR 918-309-0220;
(b) A limited maintenance specialty contractor or a limited maintenance specialty contractor-HVAC/R only as authorized by OAR 918-309-0220;
(c) A restricted energy contractor only as authorized by OAR 918-309-0220; (d) A limited renewable energy contractor only as authorized by OAR 918-309-0220; (e) A limited pump installation specialty contractor only as authorized by OAR 918-309-
0220; (f) A limited energy contractor only as authorized by OAR 918-309-0220; and (g) A registered telecommunications service provider only as authorized by OAR 918-309-
0220. (2) Except as allowed under OAR 918-309-0220(3)(a) and (b), minor installation labels
shall not be used for: (a) Underground electrical installations; (b) Electrical installations that require a cover inspection; (c) Installations involving GFCI or AFCI devices other than 15 or 20 amp, 125-volt
receptacles and circuit breakers; (d) Any electrical installations that are covered by Chapter 5 or is located in an area
classified as hazardous, as described in Article 500, or is subject to the requirements of Article 680 (Swimming Pools, Fountains, or Similar Installations) of the National Electrical Code, as adopted in OAR 918-305-0100, or Chapter 41 of the One- and Two-Family Dwelling Specialty Code, as adopted in OAR 918-480-0005;
(e)(d) Protective signaling Installations where plan review is required; and (f)(e) New construction. (3) If a minor installation label is used for the installation of a fan connected to existing
duct work an additional mechanical permit is not required when: (a) The fan is replacing a previously connected fan; (b) The replacement fan is 200 cfm or less; (c) The person performing the fan replacement connects the replacement fan to the
existing duct work; and (d) No changes are made to the existing duct system.
[Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 479.540, ORS 455.154, & ORS 455.155 Stats. Implemented: ORS 479.540, ORS 455.154, & ORS 455.155
2
Hist.: BCA 10-1988, f. & cert. ef. 7-20-88; BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; Renumbered from 918-310-0030; BCD 4-1999, f. & cert. ef. 4-1-99; BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02; BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04; BCD 22-2004, f. & cert. ef. 10-1-04 918-309-0220 Scope of Electrical Work Allowed with Minor Installation Label
Except as provided in OAR 918-309-0200100-0000, which allows a person to insist on using use a permit rather than a minor installation label, or where the transaction involves a component of an appliance exempted under OAR 918-261-0020, or the transaction is otherwise exempt from permitting requirements under statute or administrative rule, minor installation labels shall be used by:
(1) A contractor with a signing supervisor, where the installation does not exceed 240300 volts to ground for:
(a) Extension of not more than two existing branch electrical circuits limited to 30 amps each and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;
(b) Installation or extension of one not more than three new electrical circuits limited to 3060 amps and not more than 240 volts, and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;
(b) Installation or extension of not more than one new electrical circuit, limited to 30 amps and not more than 300 volts to ground, and, if relevant, connection of an appliance authorized under sections (2) and (3) of this rule;
(c) Repair or replacement of damaged components of within existing electrical equipment including services not to exceed 200 amps, provided a reconnect is not required by the serving utility. For reconnects, see OAR 918-309-0040(109) for services; and
(d) The single installation of the appliances, or repair or replacement activities authorized by sections (2) and (3) of this rule; and
(e) Replacement of multiple switches, circuit breakers, receptacles, light fixtures and light fixture components, smoke detectors, or GFCI or AFCI circuit breakers and receptacles of 15-20 amp, 125-volt in a dwelling unit.
(2) A limited maintenance specialty contractor or a limited maintenance specialty contractor-HVAC/R where the installation does not exceed 120-/240 volts single phase for repair or replacement of:
(a) A furnace, oil or gas, not to exceed 20 amps; (b) A fan not to exceed 20 amps; (c) A dishwasher or garbage disposal, not to exceed 20 amps; (d) A water heater, which involves an electrical circuit, not to exceed 30 amps; (e) An electrical furnace, air conditioning unit, or refrigeration unit; (f) A defective ballast, or up to five ballasts Notwithstanding the voltage limitation in
section (2) of this rule, up to 300 volts to ground for replacement or retrofit of ballasts or other components in up to 10 light fixtures under one minor installation label. (For more than five ballasts 10 light fixtures, inspections shall be performed as a branch circuit permit or hourly rate authorized under OAR 918-309-0070(8)); or
(g) An item in this section and any related transaction under section (3) of this rule if the contractor employs a licensed general supervising electrician or Class "A" or "B" limited energy
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technician, the work is within the person's scope of license, and that person does the work allowed.
(3) A restricted energy contractor, limited energy contractor, registered telecommunications service provider, or an electrical contractor using an appropriately licensed person if required to make the installation, may use a minor installation label for:
(a) Installation, repair, and replacement in new or existing construction of one- and two-family dwellings, of HVAC, telephone, garage door, vacuum systems, door bells, burglar, fire alarm and security systems, and audio/stereo systems not exceeding 100 volt-amperes, in Class 2 or 3 installations; or
(b) Installation Alteration, repair, and or replacement of up to 50 devices under one label, or a new installation of up to 10 devices, for the following installations not exceeding 100 volt-amperes in Class 2 or 3 installations in other existing buildings, provided:
(A) The equipment is not located in an area classified as hazardous, as described in Chapter 5 of the National Electrical Code, as adopted in OAR 918-305-0100;
(B) The system does not penetrate any fire protection system(s) or air-handling space(s) fire-rated assembly, as defined in the currently adopted Oregon Electrical Structural Specialty Code; and
(C)(B) The installation is limited to the following: (i) Thermostats; (ii) Data communication devices; (iii) Intercom, music, and paging devices; (iv) Door or gate control, monitor, or access devices; (v) Cable television and closed circuit television devices; (vi) Burglar, security, and fire alarm devices, including "Power Limited Fire Alarm Circuits"
as defined in Article 760 of the National Electrical Code, as adopted in OAR 918-305-0100; or (vii) Notwithstanding the 5 devices in subsection (3)(b) of this rule, Central vacuum cleaner
control devices, one minor installation label per system. (4) This rule does not allow any person to make an installation that is not authorized by the
scope of the person's license. (5) A limited renewable energy contractor or an electrical contractor using a licensed
journeyman or limited renewable energy technician may use a minor installation label for repair and maintenance of renewable electrical energy systems as set forth in ORS 479.630(1716)(a).
(6) A limited pump installation specialty contractor may use a minor installation label for repair, replacement and maintenance of installed pump or irrigation systems of the same horsepower and voltage, as set forth in ORS 479.630(13). [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 479.540 Stats. Implemented: ORS 479.540 Hist.: BCA 10-1988, f. & cert. ef. 7-20-88; BCD 5-1994, f. 2-25-94, cert. ef. 7-1-94; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; Renumbered from 918-310-0040; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 4-2001, f. 3-30-01, cert. ef. 4-1-01; BCD 23-2001(Temp), f. 12-28-01, cert. ef. 1-1-02 thru 6-29-02; BCD 4-2002, f. 3-8-02, cert. ef. 4-1-02; BCD 9-2002, f. 3-29-02, cert. ef. 4-1-02; BCD 23-2002, f. 9-13-02 cert. ef. 10-1-02; BCD 4-2004, f. 3-31-04, cert. ef. 4-1-04
State of Oregon Board memo Building Codes Division November 16, 2017 To: Electrical and Elevator Board From: Todd Smith, policy analyst, Policy and Technical Services Subject: RV Licensing Exemption Action requested: Electrical and Elevator Board review and consideration of proposed amendments to electrical licensing exemptions. Background: Oregon law requires all electrical 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 “electrical 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 an electrical licensing exemption for individual and contractor licenses issued by the division for persons performing electrical installations on recreational vehicles and certain temporary use structures. A related rule is scheduled for review by the State Plumbing Board at its December 14, 2017, meeting which creates an individual and contractor licensing exemption for plumbing work. 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 918-261-0033, and forward to the Administrator for
rulemaking and subsequent adoption. Amend and approve the proposed rule, OAR 918-261-0033, and forward to the
Administrator for rulemaking and subsequent adoption. Disapprove the proposed rule.
OAR 918-261-0033 Exemption For Recreational Vehicles
A person is not required to obtain an electrical license to make electrical installations, alterations, or repairs for the following:
(1) 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. (2) 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). Stat. Auth: 479.540 Stats. Implemented: 479.540 Hist.: New
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Exhibit A In accordance with ORS 479.540, electrical licensing laws are applicable to electrical 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 electrical 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 electrical licensing laws. Installations in these structures would be exempt from electrical licensing under OAR 918-261-0033(1) 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 electrician.
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This structure is a modular or prefabricated structure built to the ORSC. Electrical installations in these structures are currently covered under electrical 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 electrical licensing laws to manufactured dwellings is unknown at this time.
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State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Sarah Blam, contested case representative, Enforcement Services Subject: Final Order for Case No. C2016-0046, In the Matter of Arthur Peterson Action requested: Arthur Peterson asks the board to consider issues regarding the reinstatement of a Signing Supervisor’s License after issuing a Consent Order. Background: On September 30, 2016, the Building Codes Division (Division), acting on behalf of the Electrical and Elevator Board of the State of Oregon (Board), finalized a Consent Order (Order) with Arthur Peterson (Respondent). The Order proposed to assess a total of $3,000.001 in civil penalties and suspended Respondent’s signing supervisor license for a period of one year2 alleging that Respondent had violated the following Division statutes and rules:
1. Failing to be continuously employed as a general supervising electrician from in or about 2014 through 2016, and failing to be available during work hours to carry out the duties of a supervising electrician in violation of Oregon Administrative Rules (OAR) 918-282-0140 (2)(c); and
2. By assenting or failing to prevent an unlicensed employee from performing work under the electrical permit bearing his signature respondent violated OAR 918-282-0140(2)(f).
The Respondent paid his application renewal fee on August 12, 2016, and was eligible under the Consent Order to renew his signing supervisor’s license following his year’s suspension up until October 1, 2017.
1 $750.00 was due and payable with the additional $2,250.00 stayed if there were no further violations within a five (5) year period. 2 During the one year suspension, Respondent was allowed a journeyman electrician license in exchange as part of the terms in the Order.
Agenda Item
VII.C.
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Respondent was ineligible to renew his Signing supervisor’s license because he did not complete the required continuing education timely. He failed to complete the four (4) hour required Rule and Law course.
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State of Oregon Board memo Building Codes Division November 16, 2017 To: The Electrical and Elevator Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: Continuing Education Applications Action requested: Electrical and Elevator Board consideration of the Continuing Education Committee’s recommendations regarding continuing education courses and instructors. Background: The Electrical and Elevator Board establishes continuing education requirements for all electrical licensees in order to ensure licensees possess up-to-date knowledge of the code and administrative requirements. They set standards for approval of courses and instructors in order to have a sufficient number and variety of continuing education courses available to licensees. The board’s continuing education committee has been meeting to evaluate courses and instructors on the board’s behalf. The committee met on October 3, 2017, to review continuing education course and instructor applications. Craig Perkins, Cindy Regier, and Rod Belisle attended this meeting. The committee reviewed 106 applications from 25 organizations: 66 courses were recommended for approval. 8 courses were recommended for denial. 20 instructors were recommended for approval. No instructors were recommended for denial. 12 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: NFPA 70E courses are eligible for a maximum of eight hours code-related credits. OSHA 10 courses are eligible for a maximum of four hours code-related credits. OSHA 30 courses are eligible for a maximum of sixteen hours code-related credits. First Aid/CPR courses are eligible for a maximum of four hours code-related credits (two
hours for each course).
Agenda Item
VII.D.
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For correspondence courses – Provider must submit complete course. For online courses – Provider must submit a log-on or screen shots of course content.
Options: Approve the committee’s recommendations for approval or denial of courses or
instructors. Amend and approve the committee’s recommendation for approval or denial of courses
or instructors. Disapprove the committee’s recommendation for approval or denial of courses or
instructors.
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Electrical and Elevator Board Committee on Continuing Education Course and Instructor Review
11/16/17
Courses
Applicant Course Name Committee
Recommendation Board Action
1 American Electrical Institute PELLCO CEU
NFPA 70E Review (4 hours CR) Approve – 2017 code cycle. Provider has an approved instructor.
53 LU112-NECA Electrical JATC 2017 Oregon Rule and Law (4 hours ORL) Approve – 2017 code cycle
54 LU112-NECA Electrical JATC Solar Photovoltaics I (2 hours CR) Approve – 2017 code cycle. Course reduced to 2 hours from 4 hours. Insufficient code content for 4 hours.
55 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 1 – Code-Wide and Articles 100-250 (4 hours CC)
Approve – 2017 code cycle.
56 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 2 – Articles 300-480 (4 hours CC)
Approve – 2017 code cycle
57 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 3 – Articles 500-670 (4 hours CC)
Approve – 2017 code cycle
58 The Media Factory, Inc. Analysis of Changes 2017 NEC – Part 4 – Articles 680-Chapter 9 (4 hours CC)
Approve – 2017 code cycle
59 National Technology Transfer 2018 NFPA 70E Arc Flash Electrical Safety (8 hours CR) Approve – 2017 code cycle. Course hours reduced to 8 from 16 per Board policy. Provider has an approved instructor.
60 Oregon Solar Energy Industries Association
Solar PV Systems Best Practices & Energy Trust Installation Requirements (2 hours CR)
Approve – 2017 code cycle. Reduced to 2 hours from 4 hours. Insufficient code content for 4 hours. Provider
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has approved instructors.
61 Portland Community College Oregon Rule & Law 2017 (4 hours ORL) Approve – 2017 code cycle. Provider has approved instructors.
62 Portland Community College Calculations for Motors, Controls and Transformers (8 hours CR)
2 David Marinos (CC, CR) Applied Electrical Training
Approve – 2017 code cycle
3 Tom Hammerberg (CR) Automatic Fire Alarm Association
Approve – 2017 code cycle
4 Ryan Martin (CC, CR) Bluevolt
Approve – 2017 code cycle
5 John Powell (CC, CR) Electrical Training NW
Approve – 2017 code cycle
6 Michael Kyle (CC, CR) IAEI
Approve – 2017 code cycle. Provider has board approved courses.
7 Frank Seiler (CC, CR) INW Industrial Training
Approve – 2017 code cycle
8 Keith Lofland (CC, CR) The Media Factory, Inc.
Approve – 2017 code cycle
9 Joe Gibson (CR) Northwest Sign Council
Approve – 2017 code cycle
10 Elias Campbell (OSHA) Touchstone Consulting, LLC
Approve – 2017 code cycle
11 Don Hursey (CC, CR) TPC Trainco
Approve – 2017 code cycle
12 John Debien (CC, CR) TPC Trainco
Approve – 2017 code cycle
13 Martin Redman (CC, CR) TPC Trainco
Approve – 2017 code cycle
14 Michael Chambers (CC, CR) TPC Trainco
Approve – 2017 code cycle
15 Michael Leitzel (CC, CR) Approve – 2017 code cycle
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TPC Trainco
16 Myles Garrison (CC, CR) TPC Trainco
Approve – 2017 code cycle
17 Ryan Smith (CC, CR) TPC Trainco
Approve – 2017 code cycle
18 Thomas Maglish (CC, CR) TPC Trainco
Approve – 2017 code cycle
19 Rick Purvis (CC, CR) TPC Trainco
Approve – 2017 code cycle
20 Gary Rodwell (CC, CR) TPC Trainco
Approve – 2017 code cycle
Applications Pending
Applicant Course Name Information Requested by Committee
1 AnytimeCE.com 2017 NEC Electrical Review (4 hours CR)
Course contains entry level instruction. Course does not contain sufficient code content.
2 Applied Electrical Training Co. 2017 Oregon Rule and Law (4 hours ORL)
No course materials submitted with application.
3 Applied Electrical Training Co. 2017 NEC Code Change for Limited Elect. (8 hours CC/OESC)
Committee requested that more detailed information be included in course outline.
4 Applied Electrical Training Co. 2017 NEC Code Change (8 hours CC) Committee requested that more detailed information be included in course outline.
5 e-Hazard Various Instructors: Lovette, Black, Havens, Hoagland, Owens
Provider’s resubmittal information incomplete. Committee unable to make a recommendation.
6 Ewing-Foley Power Quality: Problems and Solutions (4 hours CR) Insufficient code content – course contains approximately 1 hour of code content.
7 LU112-NECA Electrical JATC First Aid/CPR (4 hours CR) Approved instructor qualifications do not include any First Aid/CPR certifications. Provider must submit an instructor application with appropriate qualifications for this course.
8 LU112-NECA Electrical JATC Solar Photovoltaics II (12 hours CR) Need detailed outline with code references. If resubmitted, committee will evaluate course hours – could be between 2 and 6 hours.
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9 LU112-NECA Electrical JATC Transformers (4 hours CR) Need detailed outline with code references. Course materials contain requirements for the State of Washington.
10 Northwest Sign Council Safety and Electrical Sign Installation (2 hours CR) Committee unable to gain access to online course materials. Staff will work with provider to solve issue.
11 Southwest Washington Electrical JATC
Oregon rule and Law 2017 (4 hours ORL) Course content needs to be reviewed. Materials contain information that is no longer in effect.
12 Touchstone Consulting, LLC OSHA 10/30 (10/30 hours CR) No course materials submitted with application. Each course must be resubmitted on separate applications (do not combine courses)