2013 ORS § 479.540¹
Exemptions
  • rules

(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 persons immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

(a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

(b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, new electrical installations or substantial alterations does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlords agent or the employee of the landlord or landlords 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 persons property in connection with the persons business.

(d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270 (Definitions for ORS 757.270 to 757.290), telecommunications carrier as defined in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), competitive telecommunications provider as defined in ORS 759.005 (Definitions) or municipality for generation, transmission or distribution of electricity on property that the utility, carrier, provider or municipality owns or manages.

(3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

(4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authoritys regular maintenance staff.

(b) A license is not required for:

(A) Temporary demonstrations;

(B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

(C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

(c) For the purposes of this subsection, qualified employee means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (Issuance of permit) (1)(b) does not apply to contractors working under this subsection.

(5) The provisions of ORS 479.510 (Short title) to 479.945 (Restricted energy contractors license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) 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 (Definitions), consumer-owned utility as defined in ORS 757.270 (Definitions for ORS 757.270 to 757.290), telecommunications carrier as defined in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) or competitive telecommunications provider as defined in ORS 759.005 (Definitions);

(b) To electrical installations made by or for a public utility, consumer-owned utility, telecommunications carrier or competitive telecommunications provider if the electrical installations are an integral part of the equipment or electrical products of the utility, carrier or provider; or

(c) To any electrical generation plant owned or operated by a municipality to the same extent that a utility, telecommunications carrier or competitive telecommunications provider is exempted under paragraphs (a) and (b) of this subsection.

(6) A permit is not required:

(a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

(b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (Issuance of permit) (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS 479.630 (Requirements for obtaining licenses) (1) and (2) and:

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

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

(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 (Requirements for obtaining licenses) if an application accompanied by appropriate fee for a permit is submitted to the Department of Consumer and Business Services within five days after the commencement of such electrical work.

(8)(a) A license or permit is not required for the installation or assembly of industrial electrical equipment by the duly authorized agents of the factory, vendor or owner.

(b) The license and permit exemptions of this subsection do not apply to activity in an area where industrial electrical equipment is installed in or enters a hazardous location or penetrates or enters a fire rated assembly or plenum rated assembly.

(c) As used in this subsection:

(A) Duly authorized agents means individuals trained by the factory or a vendor or by experience and who are knowledgeable in the operation, maintenance, repair and installation of industrial electrical equipment.

(B) Installation or assembly means the reassembly at a job site of equipment that is wired and assembled at the factory and then disassembled for shipping purposes or of existing equipment that is relocated. Installation or assembly does not include work involving field fabricated assemblies or any other electrical product that is not an original part of the industrial electrical equipment. Installation or assembly does not include the connection of industrial electrical equipment to a power source.

(9) The provisions of ORS 479.510 (Short title) to 479.945 (Restricted energy contractors license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) 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 buildings permanent wiring.

(c) The installing, maintaining, repairing or replacement of telecommunications systems on the provider side of the demarcation point by a telecommunications service provider.

(d) The maintaining, repairing or replacement of telecommunications equipment on the customer side of the demarcation point by a telecommunications service provider.

(e) Installations, by a telecommunications service provider or an appropriately licensed electrical contractor, of telecommunications systems on the customer side of the demarcation point except:

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

(B) Installations of any size that penetrate fire-resistive construction or air handling systems or that pass through hazardous locations.

(f) Notwithstanding paragraph (e) of this subsection, installation of telecommunications systems on the customer side of the demarcation point in:

(A) One and two family dwellings; and

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

(g) Notwithstanding paragraph (e) of this subsection, installation or replacement of cord or plug connected telecommunications equipment on the customer side of the demarcation point.

(h) Notwithstanding paragraph (e) of this subsection, installation of patch cord and jumper cross-connected equipment on the customer side of the demarcation point.

(10)(a) The board may grant partial or complete exemptions by rule for any electrical product from any of the provisions of ORS 455.610 (Low-Rise Residential Dwelling Code) to 455.630 (Enforcement) or 479.510 (Short title) to 479.945 (Restricted energy contractors license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) 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 (Short title) to 479.945 (Restricted energy contractors license).

(11) ORS 479.760 (Certification of electrical products) 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 (Adoption of rules by Director of Department of Consumer and Business Services). 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 contractors 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 (Certification of electrical products) 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 (Installation of uncertified electrical product prohibited) does not apply to installations of industrial electrical equipment unless the board determines that the product or class of products may present a fire or life safety hazard.

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

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

(B) Equipment minimum safety standards established by concurrence of the board and the director;

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

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

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

(F) Any other method approved by the board.

(13) ORS 479.760 (Certification of electrical products) 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 (Short title) to 479.945 (Restricted energy contractors license) 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 electricians license to perform work authorized under the persons 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 persons 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 (Definitions for ORS 443.705 to 443.825), is not a multifamily dwelling and only electrical installation standards and safety requirements applicable to single family dwellings apply to such homes.

(18) The permit requirements of ORS 479.550 (No work on new electrical installation until permit issued) and the license requirements of ORS 479.620 (Certain electrical license required) do not apply to cable television installations.

(19) The provisions of any electrical products code or rule adopted pursuant to ORS 479.510 (Short title) to 479.945 (Restricted energy contractors license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) apply to cable and such products installed as part of a cable television installation.

(20) A person is not required to obtain a license to make an electrical installation in a prefabricated structure, as defined in ORS 455.010 (Definitions for ORS chapter 455), that is designed for residential use and intended for delivery in another state.

(21) As used in this section, smoke alarm has the meaning given that term under ORS 479.250 (Definitions for ORS 479.250 to 479.305). [1959 c.406 §4; 1973 c.834 §36; 1977 c.633 §1; 1981 c.815 §5; 1987 c.575 §5; 1987 c.447 §107; 1989 c.481 §1; 1991 c.251 §1; 1991 c.334 §1; 1993 c.451 §1; 1993 c.497 §1; 1993 c.744 §119; 1995 c.553 §3; 1995 c.797 §1; 1997 c.611 §§1,2; 1999 c.307 §23; 1999 c.794 §3; 1999 c.1093 §17; 2001 c.709 §1; 2003 c.14 §321; 2003 c.222 §2; 2003 c.299 §3; 2003 c.344 §1; 2003 c.675 §§65,66a; 2005 c.310 §4; 2005 c.435 §3]