Chapter 460 — Chapter 460
50 sections in this chapter.
ORS 460.005 Definitions for ORS 460.005 to 460.175. As used in ORS 460.005 to 460.175, unless the context requires otherwise
2.2K chars
(1) “Alteration” means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment. (2) “Certified elevator inspector” means an employee or representative of a casualty insurance company or companies who has passed the req…
ORS 460.010 [Repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.015 Short title of ORS 460.005 to 460.175. ORS 460.005 to 460.175 may be cited as the Elevator Safety Law. [1961 c.427 §1]
0.0K chars
[Repealed or reserved.]
ORS 460.020 [Repealed by 1957 c.398 §9]
0.0K chars
[Repealed or reserved.]
ORS 460.024 Policy. The purpose of ORS 460.005 to 460.175 is to protect the health and safety of the people of Oregon from the danger of unsafe elevators. To accomplish this purpose the Legislative Assembly intends by ORS 460.005 to 460.175
0.8K chars
(1) To provide minimum safety standards for the installation, alteration, repair and maintenance of elevators to be operated in this state. (2) To ensure compliance with minimum safety standards in installation, alteration, repair and maintenance of elevators to be operated withi…
ORS 460.025 [1957 c.398 §§2,3; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.027 [1957 c.398 §4; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.030 [Amended by 1955 c.138 §1; 1957 c.398 §5; 1957 c.465 §3; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.035 Exemptions from operation of ORS 460.005 to 460.175. (1) Fees are not required under ORS 460.005 to 460.175 to install, alter, repair, operate or maintain an elevator
1.6K chars
(a) Under the supervision of the United States Government. (b) That is a nonpower-driven lifting device. (c) Located in a private residence, except for initial installation. (2) The owner or user of an elevator described in subsection (1) of this section may request that the Depa…
ORS 460.040 [Amended by 1955 c.138 §2; 1957 c.398 §6; 1957 c.465 §4; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.045 Permits, licenses, certificates and authorizations required. A person may not
1.4K chars
(1) Engage in the business of installation, alteration, repair or maintenance of an elevator without an elevator contractor license issued under ORS 460.005 to 460.175 or 479.510 to 479.945. (2) Install, alter, repair or maintain an elevator unless the person possesses a valid li…
ORS 460.047 Persons authorized to conduct mechanical and electrical repairs in industrial plant. Notwithstanding ORS 460.045 (2), the following persons may conduct electrical and mechanical repairs on an elevator located in an industrial plant
0.2K chars
(1) A limited supervising electrician licensed under ORS 479.630 (3). (2) A limited journeyman electrician licensed under ORS 479.630 (5). [1999 c.1031 §8]
ORS 460.048 [1973 c.528 §6; repealed by 2009 c.696 §26]
0.0K chars
[Repealed or reserved.]
ORS 460.050 [Amended by 1957 c.398 §7; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.055 Elevator permits; examination of applicant for elevator inspector certificate; lapse of certificates; rules. (1) The Department of Consumer and Business Services shall give its decision within a reasonable time, not exceeding 30 days
2.8K chars
(a) Approving or rejecting plans and pertinent data for proposed elevator installations or alterations submitted for the department’s examination. (b) Issuing or denying an installation permit. (c) Issuing or denying a certificate of competency to applicants after examinations fo…
ORS 460.057 Limited mechanical license. The Department of Consumer and Business Services may issue a special limited license to a person who can document to the satisfaction of the department that the person possesses sufficient work experience in the mechanical aspects of elevator installation, alteration, maintenance and repair acquired prior to October 23, 1999. In addition to any other conditions or limitations imposed by department rule on the scope of work that may be performed under the license, the license shall limit the person to performing mechanical installation, alteration, maintenance and repair on elevators. [1999 c.1031 §7; 2005 c.758 §23]
0.0K chars
[Repealed or reserved.]
ORS 460.059 Limited apprentice license. The Department of Consumer and Business Services may issue a special limited license to a person engaged in an approved apprenticeship program that allows the person to engage in the installation, alteration, maintenance and repair of elevators. The department, after consultation with the Electrical and Elevator Board, shall establish conditions and the specific scope of work that may be performed by a person licensed under this section. [1999 c.1031 §6; 2005 c.758 §24]
0.0K chars
[Repealed or reserved.]
ORS 460.060 [Amended by 1957 c.398 §8; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.061 Mechanical work on reciprocating conveyors; rules; fees. (1) As used in this section, “reciprocating conveyor” means a self-contained, power-driven stationary device that moves objects on a platform equipped with safety guards, or that moves individuals on a motorized chair, along a predetermined horizontal, inclined or vertical path between loading and discharge points
2.4K chars
(2) The Department of Consumer and Business Services may adopt rules establishing a reciprocating conveyor mechanic license and a restricted reciprocating conveyor mechanic license that allow the holder to install, alter, repair and maintain the mechanical portions of reciprocati…
ORS 460.065 Expiration and renewal of permit or certificate; rules. (1) A certified elevator inspector certificate of competency expires on December 31 of the year in which the certificate is issued or on a date established by rule of the Department of Consumer and Business Services
0.5K chars
(2) An elevator installation permit or operating permit expires on a date established by department rule. (3) Except as provided in ORS 460.055, a holder of a valid elevator inspector certificate of competency or elevator operating permit who has complied with ORS 460.005 to 460.…
ORS 460.070 [Formerly 651.180; repealed by 1961 c.427 §22]
0.0K chars
[Repealed or reserved.]
ORS 460.075 Cancellation, suspension and revocation of permits, authorizations and certificates. (1) Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services may cancel, revoke or suspend the installation permit, temporary operation authorization or operating permit for any elevator that does not comply with minimum safety standards
0.8K chars
(2) Subject to the provisions of ORS chapter 183, the department may suspend or revoke the certificate of competency of any certified elevator inspector: (a) Whom the department finds to be performing the work in a manner inconsistent with the intent and purposes of ORS 460.005 t…
ORS 460.085 Rules; granting of exceptions; fees. (1) In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board, shall adopt reasonable rules
2.7K chars
(a) Establishing safety standards applicable to the installation of elevators. (b) Establishing safety standards applicable to the alteration, repair or maintenance of elevators. The director may provide differing standards for elevators installed prior to July 1, 1961, and after…
ORS 460.095 [1961 c.427 §10; 1963 c.330 §5; repealed by 1973 c.528 §20]
0.0K chars
[Repealed or reserved.]
ORS 460.105 [1961 c.427 §11; 1963 c.330 §6; repealed by 1973 c.528 §20]
0.0K chars
[Repealed or reserved.]
ORS 460.115 [1961 c.427 §13; 1963 c.330 §7; 1969 c.314 §48; 1973 c.528 §11; 1975 c.429 §18; 1987 c.414 §31a; repealed by 1993 c.744 §101]
0.0K chars
[Repealed or reserved.]
ORS 460.125 Periodic inspection of elevators and permits; action upon finding noncompliance. (1) The Department of Consumer and Business Services shall
1.6K chars
(a) Except as provided in this subsection, periodically inspect each elevator to ascertain if the elevator is being operated and maintained in accordance with ORS 460.005 to 460.175. The department is not required to inspect an elevator if the department is notified in writing, b…
ORS 460.135 Entry on premises for inspection purposes. For the purpose of discharging any duty imposed by or exercising any authority conferred by ORS 460.005 to 460.175, the Department of Consumer and Business Services may, during reasonable hours, enter any building, enclosure or upon any premises where an elevator is in operation or about to be put into operation. No person shall obstruct or interfere with the department in the performance of its duties or the exercise of any authority conferred by ORS 460.005 to 460.175. [1961 c.427 §17; 1973 c.528 §13]
0.0K chars
[Repealed or reserved.]
ORS 460.145 Restraining violations. When it appears to the Department of Consumer and Business Services that a person subject to ORS 460.005 to 460.175 is engaged or about to engage in an act or practice which constitutes a violation of ORS 460.005 to 460.175 or rules issued thereunder, the department may, without bond, obtain an order from an appropriate circuit court restraining or enjoining such act or practice. [1961 c.427 §18; 1973 c.528 §14]
0.0K chars
[Repealed or reserved.]
ORS 460.155 Appeals from adverse rulings of department. (1) The Department of Consumer and Business Services shall hear the appeal of an appellant
1.9K chars
(a) Who has filed a written request: (A) Within 10 days of receiving written notice that an injunction will be sought; or (B) Within 30 days after receiving notice that a permit or certificate of competency will be canceled, revoked or suspended; or (b) Who is affected by a notic…
ORS 460.165 Fees; failure to pay fee. (1) Subject to ORS 460.035 (1) and 460.085 (1), the Department of Consumer and Business Services may collect the following fees
1.9K chars
(a) For each year of an elevator contractor’s license for each place of business operated by the applicant, $195. (b) For the submission of plans and other pertinent data when required, for each elevator, $78. (c) For each year of an inspection period for an operating permit: (A)…
ORS 460.175 Disposition of fees. All receipts from fees, charges, costs and expenses provided for in ORS 460.005 to 460.175 shall be collected by the Department of Consumer and Business Services and paid into the Consumer and Business Services Fund created by ORS 705.145. [1961 c.427 §20; 1973 c.528 §17; 1973 c.834 §47; 1987 c.905 §32; 1993 c.744 §110]
0.0K chars
[Repealed or reserved.]
ORS 460.210 [1963 c.276 §§1,2,3,4; renumbered 456.965]
0.0K chars
[Repealed or reserved.]
ORS 460.220 [1963 c.276 §6; renumbered 456.970]
0.0K chars
[Repealed or reserved.]
ORS 460.230 [1963 c.276 §5; renumbered 456.975]
0.0K chars
AMUSEMENT RIDES AND DEVICES
ORS 460.310 Definitions for ORS 460.310 to 460.370. As used in ORS 460.310 to 460.370, unless the context requires otherwise
1.9K chars
(1) “Amusement devices” means a structure, electrical or mechanical contrivance or combination thereof which is intended to supply revenue to the owner or operator of the device by providing or offering to provide amusement, pleasures, thrills or excitement at carnivals, fairs or…
ORS 460.320 Permit and insurance required; notice of termination of insurance; rules. (1) No person shall
1.2K chars
(a) Operate an amusement ride or device without a valid operation permit therefor issued under ORS 460.330, or allow an amusement ride or device owned, leased, controlled or managed by the person to be so operated. (b) Operate an amusement ride or device without first having obta…
ORS 460.330 Application for and issuance of permit; fees; rules. (1) An application for an operating permit to operate an amusement ride or device shall be made on an annual basis by the person owning the ride or device or the person’s agent or lessee. The application shall be on forms provided by the Department of Consumer and Business Services
2.1K chars
(2) An application for an annual operating permit shall include an inspection report by an amusement ride inspector employed or otherwise authorized to inspect by the insurance carrier insuring the ride or device. The inspector shall indorse upon the application any restrictions …
ORS 460.340 Duration of permit. Permits issued under ORS 460.330 are valid until the amusement ride or device is materially rebuilt or materially modified so as to change the original action of the said amusement ride or device, but in no case for longer than one year after the date of issuance as follows
0.6K chars
(1) If an amusement ride or device is altered so as to change the original action of the said amusement ride or device, such amusement ride or device shall be subject to a new inspection and shall apply for a new permit under ORS 460.330. (2) If an amusement ride or device is mov…
ORS 460.345 Expiration of permits. Subject to ORS 460.340, the expiration date of the amusement ride or device operating permits shall be one year from the original date of issuance and thereafter on the anniversary date of issuance. [Formerly 460.410]
0.0K chars
[Repealed or reserved.]
ORS 460.350 Enforcing compliance with law. (1) In addition to the inspections required under ORS 460.330, the Department of Consumer and Business Services may cause an amusement ride or device to be inspected at any reasonable time to insure compliance with ORS 460.310 to 460.370
0.7K chars
(2) The department may deny, suspend or revoke a permit at any time if, in its judgment, the amusement ride or device for which the permit was issued is not installed or being operated in compliance with ORS 460.310 to 460.370. (3) The department may disconnect an unlawfully inst…
ORS 460.352 Grounds for cancellation, suspension or revocation of permit. Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services shall cancel, revoke or suspend the operating permit for any person who fails to comply with the minimum safety standards provided by ORS 460.310 to 460.370. [Formerly 460.400]
0.0K chars
[Repealed or reserved.]
ORS 460.355 Rules; required standards of care; exemption of regulated or inspected rides or devices. (1) In adopting rules pursuant to ORS 460.360 (1), applicable to equipment mentioned in ORS 460.310 (2)(b), the Department of Consumer and Business Services shall be guided by the safety standards approved by ASTM International
1.7K chars
(2) The owner or operator shall be deemed not a common carrier; however, such owner or operator shall exercise the highest degree of care for the safety of users. (3) If the department finds that the United States Forest Service or other agency of government has jurisdiction over…
ORS 460.360 Rules; applicability of Administrative Procedures Act. (1) The Department of Consumer and Business Services shall, in compliance with ORS chapter 183, make, amend, repeal, promulgate and enforce rules to carry out ORS 460.310 to 460.370
0.1K chars
(2) All proceedings relating to permits under ORS 460.310 to 460.370 shall be conducted in compliance with ORS chapter 183. [1959 c.619 §7]
ORS 460.370 Deposit of fees. All moneys from fees collected by the Department of Consumer and Business Services under ORS 460.310 to 460.370 shall be paid into the Consumer and Business Services Fund created by ORS 705.145 and are continuously appropriated to the department for use as provided in ORS 455.022. [1959 c.619 §8; 1967 c.92 §3; 1973 c.834 §40; 1993 c.744 §112; 2001 c.710 §12; 2011 c.597 §203]
0.0K chars
[Repealed or reserved.]
ORS 460.380 [1959 c.619 §9; repealed by 1981 c.566 §16]
0.0K chars
[Repealed or reserved.]
ORS 460.390 [1981 c.566 §10; 1985 c.705 §7; repealed by 1993 c.164 §9]
0.0K chars
[Repealed or reserved.]
ORS 460.400 [1981 c.566 §11; 1993 c.164 §7; renumbered 460.352 in 2001]
0.0K chars
[Repealed or reserved.]
ORS 460.410 [1981 c.566 §12; 1985 c.705 §8; 1993 c.164 §8; renumbered 460.345 in 2001]
0.0K chars
PENALTIES
ORS 460.990 Penalties. (1) Violation of any of the provisions of ORS 460.005 to 460.175 is a Class C misdemeanor
0.2K chars
(2) Violation of any provisions of ORS 460.310 to 460.370 is a Class B misdemeanor. [Subsection (2) enacted as 1959 c.619 §10; 1961 c.427 §25; subsection (1) enacted as 1961 c.427 §21; 1985 c.705 §9; 2011 c.597 §204] _______________