Title 38, Protection from Fire

No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that…

(1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. …

The Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, may adopt rules regulating or prohibiting conflicts of interest for electrical inspectors in regard to any work performed by an inspector or a related party u…

(1) The Department of Consumer and Business Services shall: (a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS 479.510 to 479.945. (b) Inspect electrical installations and products for which a permit or license is required by ORS 479.510…

Any person who purchases an electrical product may recover the purchase price from the seller if the electrical product does not meet all applicable state and federal law and the purchaser returns the electrical product within 90 days from the date of purchase. [1981 c.815 §14; 2…

(1) Upon receiving payment of the applicable application fee, the Department of Consumer 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 contract…

Fees collected by a city or county for the enforcement or administration of the electrical specialty code and rules adopted under ORS 479.730 (1) shall be used only for the enforcement and administration of those laws. [1977 c.874 §5; 1981 c.815 §34; 2001 c.573 §18; 2005 c.435 §7…

All receipts from civil penalties, fees, charges, costs and expenses provided for in ORS 455.895 (1)(b), 479.510 to 479.945, 479.990 and 479.995 when collected shall be: (1) Paid into the Consumer and Business Services Fund created by ORS 705.145; and (2) Used only for the enforc…

If any person is aggrieved by a decision made upon inspection under authority of ORS 455.148, 455.150 or 479.510 to 479.945 and 479.995 of an electrical product or electrical inspection, the person may appeal the decision. The following apply to an appeal under this section: (1) …

(1) A municipality may enact and enforce an ordinance requiring a municipal general supervising electrician’s license upon the approval of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services. (2) The Electrical and Elevator Board…

(1) In addition to the provisions of ORS 455.010 to 455.310 and 455.410 to 455.740, any inspection and enforcement program established by a city or county under ORS 455.148 or 455.150 is subject to the provisions of this section. Where the provisions of this section conflict with…

(1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician’s license: (a) Who is employed by the holder of an electrical contractor’s license may design, plan and lay out electrical installations for customers of the electrical contrac…

(1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format. (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate…

For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise: (1) “Class A limited energy technician” means a person licensed to install, alter and repair all limited energy systems. (2) “Class B limited energy technician” means a person lic…

(1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical acti…

(1) An applicant for a Class B limited energy technician license must: (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has: (A) At least two years of experience as an apprentice in limited energy electrical activity; or (B) At least two years of…

(1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code: (a) Prewiring of cable television and telephone systems owned by the o…

The licensure provisions of ORS 479.905 to 479.945 do not apply to the employees of a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005, cooperative corporation organized under ORS chapter 62 or unincorporated association provid…

(1) A restricted energy contractor’s license is created for persons engaged in HVAC and such other categories as established by the Electrical and Elevator Board by rule under ORS 455.117. (2) A person licensed as a restricted energy contractor under this section and the person’s…

(1) As used in this section, “equivalent training program” has the meaning given that term in ORS 283.410. (2) The Electrical and Elevator Board shall approve the Electric Vehicle Infrastructure Training Program (EVITP), and review equivalent training programs for consideration, …

(1) Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the Director of the Department of Consumer and Business Services shall adopt rules establishing, amending or repealing minimum safety standards for workmanship and materials for, and the design and construction of e…

(1) Any owner or occupant of any building or premises who fails to comply with any order provided for in ORS 479.170 and not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, shall be punished by a civil penalty of not more tha…

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 …

All blasting powder and fuse shipped into this state for use, or manufactured in this state for use in this state, shall have stamped or printed upon the outside of the original package, box, case or wrapper the date of manufacture of the contents.

Whenever any blasting powder shows a state of disintegration or decomposition sufficient so that it remains in a soft condition in a temperature of 32 degrees Fahrenheit, or is in a state of crystallization, which is revealed by some portions being in a hard condition and surroun…

Whenever any fuse shows by its appearance to have been overheated, or if it is in a hard and brittle condition, which is seen by breaks and cracks in the wrapper around the outside of the fuse, the same shall be declared unfit for use and sale, and its use is forbidden.

No person shall sell or exchange, or offer or expose for sale or exchange, or have in possession for use by employees of the person: (1) Any blasting powder or fuse which has not been stamped or printed upon as required in ORS 480.010. (2) Any blasting powder of which the sale an…

No person shall transport, carry or convey, or have transported, carried or conveyed, any dynamite, gunpowder or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier which car or vehicle is carrying passe…

No person shall transport, carry or convey, or have transported, carried or conveyed, liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier in …

(1) No person shall possess a fire bomb. For the purpose of this section a “fire bomb” is a breakable container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less, having an integral wick or similar device capable of being ignited, but no device co…

(1) In addition to any other legal requirements, all users of explosives shall be responsible for the removal of all unused explosives from any area of use after the work for which the explosive was required is completed or when the user is absent for more than 30 days from the a…

Persons violating ORS 480.085 are subject to the penalty provided in ORS 480.990 (4) and are liable in civil action for damages to any person suffering injury from handling or otherwise coming in contact with unused explosives that are left in an area of use in violation of ORS 4…

As used in ORS 480.111 to 480.165: (1) “Cone fountain” means a cardboard or heavy paper cone that: (a) Contains 50 grams or less of pyrotechnic composition; (b) If mounted on a common base with other cones having less than one-half inch of separation, results, when measured in co…

(1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows: (a) Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156; (b) Sales …

(1) As used in this section, “responsible charge” means ownership, a leasehold, management or authority to act as the representative of an owner, lessee or manager. (2) The State Fire Marshal may adopt rules for the use of fireworks to repel birds or other animals. (3) A person h…

Notwithstanding the provisions of ORS 480.111 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. Such purchase and use shall be in complia…

(1) Any person who desires to sell consumer fireworks at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the perm…

(1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell consumer fireworks to persons who possess the permit referred to in ORS 480.127, shall appl…

(1) Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of the municipalities in which the display is to be held and shall be of such character, and so located, discharged or fired as, in th…

(1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality…

(1) No person shall publish or cause to be published: (a) Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.111 to 480.165. (b) Any advertisement for the sale of fireworks in any county, municipality or fire protection dist…

(1) Each manufacturer or wholesaler of fireworks shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks sold. (2) …

(1) It is unlawful for any person to sell fireworks at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is…

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to lega…

(1) Nothing in ORS 480.111 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or mun…

(1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.111 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 p…

As used in ORS 480.200 to 480.290 unless the context requires otherwise: (1) “Certificate of possession” means a certificate issued under ORS 480.235 by the State Fire Marshal to applicants who have met the requirements of ORS 480.200 to 480.290. (2) “Certificate of registration”…

ORS 480.200 to 480.290 and 480.990 (6) do not apply to: (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement ag…

(1) A person may not possess an explosive unless: (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235; (b) The person possesses a license or permit issued by the Bu…

Possession of an explosive may not be transferred unless: (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer; (2) The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firear…