2007 ORS 455.117¹
Adoption of rules governing licensing, certification or registration

(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 registration 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 registration;

(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 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs) and 446.395 (License required) to 446.420 (License required to maintain action), with the approval of the Manufactured Structures and Parks Advisory Board, the Department of Consumer and Business Services for purposes of licenses, certificates and registrations issued under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs) and 446.395 (License required) to 446.420 (License required to maintain action).

(b) Subject to ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) and ORS chapter 693, the State Plumbing Board for purposes of licenses issued under ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) and ORS chapter 693.

(c) Subject to ORS 460.005 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees), after consultation with the Electrical and Elevator Board, the department for purposes of licenses issued under ORS 460.005 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees).

(d) Subject to ORS 479.510 (Short title) to 479.945 (Restricted energy contractor's license), the Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 (Limited maintenance electrician's license required) or 479.510 (Short title) to 479.945 (Restricted energy contractor's license).

(e) Subject to ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations), the Board of Boiler Rules for purposes of licenses issued under ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations).

(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, prefabricated components or recreational vehicles; or

(c) Master builders certified under ORS 455.800 (Definitions for ORS 455.800 to 455.820) to 455.820 (Plan review and verification). [2005 c.758 §2]

Note: 455.117 (Adoption of rules governing licensing, certification or registration) was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Although state structural specialty code sets standard requiring only single wall construc­tion, home rule city was entitled to enact ordinance requiring new homes to use double wall construc­tion. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

Atty. Gen. Opinions

Authority of State Fire Marshal to adopt regula­tions, (1974) Vol 36, p 1102

1 Legislative Counsel Committee, CHAPTER 455—Building Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.