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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
BUILDING CODES DIVISION

 

DIVISION 305

ELECTRICAL CODES AND STANDARDS

The Electrical Specialty Code — In General

918-305-0000

Existing Electrical Installations

Wiring installation in existing buildings in the State of Oregon that complied with the minimum electrical safety code standards, National Electrical Code or Oregon Electrical Specialty Code in effect at the time of installation shall not be considered in violation of the current minimum Electrical Specialty Code standards, unless the use or occupancy of the building is changed requiring different methods, alterations, or additions.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730
Hist.: DC 10, f. 4-13-72, ef. 5-1-72; DC 12-1981, f. 9-29-1981, ef. 10-1-81; Renumbered from 814-022-0135; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-260-0280; BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02

918-305-0005

Interpretations

All electrical interpretations dated prior to April 1, 2011, issued by the Building Codes Division are withdrawn.

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730
Hist.: BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02; BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05; BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08; BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11

918-305-0010

Scope of the Electrical Specialty Code

The Electrical Specialty Code applies to all nonexempt electrical installations except as covered by the electrical provisions of the Oregon Residential Specialty Code and is inspected by an Electrical Specialty Code inspector.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730
Hist.: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96; BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02; BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05

918-305-0020

Governing Codes

The applicable Electrical Specialty Code for electrical installations and alterations is:

(1) The Electrical Specialty Code provisions in effect at the earlier of a request for plan review or application for a permit; or

(2) At the option of the applicant, the current Electrical Specialty Code.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 470.730
Stats. Implemented: ORS 479.730
Hist.: BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96

918-305-0030

Other Codes or Publications that Impact Electrical Installations

Unless stated otherwise within this rule, this rule is applied retroactively from July 1, 2010. Other codes and publications that impact electrical installations include, but are not limited to those listed below:

(1) Chapter 9 of the Oregon Structural Specialty Code (OSSC) relating to fire protection systems and Chapter 3 of the Oregon Residential Specialty Code relating to smoke alarm installations.

(2) ORS 455.420 requiring individual electric meters for dwelling units.

(3) The Oregon Energy Efficiency Specialty Code which addresses the energy efficiency issues of motors, electric lighting and other electric equipment; and

(4) Chapter 16 and 17 of the Oregon Structural Specialty Code which addresses the seismic requirements of nonstructural components and special inspection requirements.

(5) Publications and requirements of the serving utility.

(6) Public Law 101-336, the Americans with Disabilities Act, Part III; Department of Justice Regulations of Friday, July 26, 1991; 28 CFR Part 36, as amended January 1, 1995, including Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Public Law 100-430, the Fair Housing Act and the regulations adopted thereunder.

(7) Chapter 11 of the Oregon Structural Specialty Code which relates to the Americans with Disabilities Act for mounting height requirements for electrical and communication receptacles located in affected buildings and structures.

(8) The interconnection of all net-metering facilities and solar photovoltaic systems operated as interconnected power production sources shall comply with the Oregon Electrical Specialty Code. In addition, the interconnection of all net-metering facilities utilizing solid-state inverters shall comply with OAR 860-039 Net Metering.

(9) Oregon Manufactured Dwelling Installation Specialty Code. The electrical installations shall be in accordance with the requirements of the Oregon Electrical Specialty Code.

(10) The electrical portions of the installation or product standards identified in OAR 918-306-0005. These standards are informational only and are to be used to clarify code intent. They may be used as installation guides when not specifically referenced or covered in the Oregon Electrical Specialty Code. Examples include, but are not limited to, the electrical sections of NFPA 20, NFPA 54, NFPA 99, NFPA 101, NFPA 110, NFPA 780 and NFPA 820.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730 & 757.262
Hist.: DC 13-1987, f. & ef. 5-1-87; Renumbered from 814-022-0610; BCA 17-1990, f. 6-27-90, cert. ef. 7-1-90; BCA 12-1993, f. 6-23-93, cert. ef. 7-1-93; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-290-0020; BCD 1-2000, f. 1-6-00, cert. ef 4-1-00; BCD 12-2000, f. 6-3-00, cert. ef. 7-1-00; BCD 23-2000, f. 9-29-00, cert. ef. 10-1-00; BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02; BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05; BCD 29-2005, f. 12-30-05, cert. ef. 1-1-06; BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08; BCD 1-2010, f. 3-1-10, cert. ef. 4-1-10; BCD 5-2010, f. 5-14-10, cert. ef. 7-1-10; BCD 4-2011, f. & cert. ef. 3-11-11; BCD 21-2011, f. 7-26-11, cert. ef. 10-1-11

918-305-0100

Adoption of Oregon Electrical Specialty Code

(1) Effective April 1, 2011, the 2011 Oregon Electrical Specialty Code consists of the following:

(a) 2011 Edition of the NFPA 70, National Electrical Code (NEC), and further amended by the division in Table 1-E;

(b) 2007 Edition of the IEEE C2-2007, National Electrical Safety Code (NESC); and

(c) The electrical provisions of the Oregon Elevator Specialty Code adopted in OAR 918-400-0455.

(2) In the event of a conflict between the NEC and NESC requirements, the NEC requirement, as amended in subsection (1)(a) of this rule, applies.

(3) As used in this rule:

(a) “ANSI” is the American National Standards Institute;

(b) “ASME” is the American Society of Mechanical Engineers;

(c) “IEEE” is the Institute of Electrical and Electronics Engineers; and

(d) “NFPA” is the National Fire Protection Association.

NOTE: Table 1-E is printed at the end of Division 305 and is available on the division’s website at http://www.bcd.oregon.gov/rules.html#oar

[Publications: Publications referenced are available from the agency.]
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730
Hist.: DC 13-1987, f. & ef. 5-1-87; Renumbered from 814-022-0600; BCA 17-1990, f. 6-27-90, cert. ef. 7-1-90; BCA 12-1993, f. 6-23-93, cert. ef. 7-1-93; BCD 19-1996, f. 9-17-96, cert. ef. 10-1-96, Renumbered from 918-290-0010; BCD 1-2000, f. 1-6-00, cert. ef 4-1-00; BCD 19-2002, f. 8-1-02, cert. ef. 10-1-02; BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05; BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08; BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11; BCD 5-2013, f. 4-12-13, cert. ef. 5-1-13

Amendments to the NEC

918-305-0105

Amendments to the Oregon Electrical Specialty Code

(1) The Oregon Electrical Specialty Code is adopted and amended pursuant to OAR chapter 918, Division 8. Amendments adopted for inclusion into the Oregon Electrical Specialty Code are placed in this rule, showing the section reference and a descriptive caption. Amendments to the Oregon Electrical Specialty Code are printed in their entirety in Table 1-E.

(2) Effective May 1, 2013 amend Section 210.12(A) Arc-Fault Circuit Interrupter Protection by:

(a) Deleting “hallways”; and

(b) Adding two exceptions and an informational note.

NOTE: Table 1-E is printed at the end of Division 305 and is available on the division’s website at http://www.bcd.oregon.gov/rules.html#oar

[Publications: Publications referenced are available for review from the agency.]
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 479.730 & 455.610
Stats. Implemented: ORS 479.730 & 455.610
Hist.: BCD 23-2004, f. 12-15-04, cert. ef. 4-1-05; BCD 6-2008, f. 3-7-08, cert. ef. 4-1-08; BCD 3-2011, f. 3-11-11, cert. ef. 4-1-11; BCD 5-2012(Temp), f. & cert. ef. 6-7-12 thru 10-31-12; BCD 11-2012(Temp), f. 10-5-12, cert. ef. 1-1-13 thru 6-29-13; BCD 14-2012(Temp), f. 11-16-12, cert. ef. 1-1-13 thru 6-29-13; BCD 5-2013, f. 4-12-13, cert. ef. 5-1-13

Electrified Fixed Guideway Passenger Railway Systems
General

918-305-0400

Scope

(1) The rules contained in 918-305-0400 to 918-305-0700 shall apply to all electrified fixed guideway passenger railway systems and electrical products associated with such systems installed in the State of Oregon. Any related structure or system that is not an electrified fixed guideway passenger railway system shall be governed by the state building code as defined in ORS 455.010.

(2) Except as otherwise provided in these rules, the National Electrical Code as adopted by Oregon shall apply to all installations or repairs of all electrified fixed guideway rail systems. Installation shall be made by licensed electricians under ORS 479.630.

(3) Nothing in these rules shall be construed to:

(a) Alter or change the laws or rules applicable to persons licensed to perform installation of electrical systems or products;

(b) Exempt any electrical wiring used for general lighting or general power purposes, such as heating, cooling, ventilating, elevators or pumping equipment; or

(c) Exempt any feeder, service, switchboard, branch circuit panel board or standby power generator used in whole or in part for general building operation purposes.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0410

Definitions

(1) For the purposes of OAR 918-305-0400 to 918-305-0470, unless otherwise specified, the following shall apply:

(a) "Electrified Fixed Guideway Passenger Railway" means any train, trolley, car, streetcar or other vehicle that is designed to operate on fixed rails for public transportation of passengers and is powered by service voltage equaling or exceeding 600 volts AC and less than 100,000 volts AC;

(b) "Substation" means the building or facility that houses the system or systems; and

(c) "System" or "Systems" means the electrical equipment, components and products used for traction electrification, signals, communications and fare collection equipment, or any combination thereof, used for the operation of an electrified fixed guideway passenger railway and installed, or to be installed, on the load side of the electrical utility service point, including any medium voltage AC service and distribution equipment.

(2) Unless terms are specifically defined by these rules, terms shall have a meaning as defined by the National Electrical Code (NEC), or if no NEC definition, their ordinary meaning.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0420

Electrified Fixed Guideway Passenger Railway System Permits

(1) The signature of a general supervising electrician or limited supervising electrician shall be required on each permit to aid inspections by the division and indicate responsibility under ORS 479.950.

(2) A permit is required prior to start of any electrical work. Expansion of work under a permit may be added to an existing permit prior to final inspection.

(3) A permit must be posted in a conspicuous place near the main electrical panel location. If there is no main panel installed, the permit shall be posted in a conspicuous place on the job site.

(4) An electrical permit issued to one person or firm is not transferable and shall not permit any other person or firm to perform any electrical work thereunder.

(5) Any permittee holding an unexpired permit may apply for an extension of the time within which work may be completed.

(6) Permit fees shall be charged at $69 per hour including travel and office time with a minimum charge of one hour for any and all inspections performed on that permit.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0430

Requests for Inspection and Notice of Results

(1) All persons who take out an electrical permit shall request an inspection within 24 hours of:

(a) The completion of any electrical installation intended to be covered or concealed or that is intended to be placed into service before the final electrical inspection; and

(b) The completion of all electrical installations for the job site covered by a particular permit.

(2) Except as provided in Section (3) of this rule, an inspecting jurisdiction, shall inspect within 48 hours of a written request for inspection unless the time for inspection is extended to a set date by mutual agreement. The 48 hours excludes Saturdays, Sundays and holidays.

(3) The inspecting jurisdiction shall inspect an installation at a remote location within a reasonable time of the request.

(a) For the purpose of this section, a "remote location" is:

(A) An inspection location that is more than 60 miles one way using the most direct route, measured from the closest of the inspector's station, inspection office or the inspecting jurisdiction's primary offices; or

(B) An inspection location that requires more than one hour of normal driving, one way, using the most direct route from the closest point mentioned in paragraph (A) of this subsection.

(b) For the purposes of this section, "within a reasonable time" means a response time that takes into account the time, distance and number of inspection requests, but shall not exceed seven consecutive calendar days including the date the request was received, unless the time for inspection is extended to a set date by mutual agreement. If the seventh calendar day falls on a weekend or holiday, this is extended to include the next business day.

(4) Reasonable procedures designed to provide actual notice of inspection results shall be used by all inspecting jurisdictions to notify the person requesting inspections, of the results of electrical inspection. "Reasonable procedures designed to provide actual notice" shall include posting at the job site and:

(a) Nothing more, when the installation is by an owner;

(b) Nothing more, when the installation is approved;

(c) Notification of any deficiencies on a specific permit by:

(A) FAX transmittal to the electrical contractor;

(B) Personal delivery to the electrical contractor or signing supervisor;

(C) Mailing; or

(D) Telephone followed by written notification;

(d) By written confirmation of inspection approval if a permit holder requests confirmation.

(4) If the inspection mentioned in Sections (1) and (2) of this rule involves a cover inspection, the work cannot be covered unless:

(a) Inspection clearance is given; or

(b) The request for inspection is in writing communicated to the inspecting jurisdiction, with notice that a cover inspection is involved, no extensions are agreed to and the maximum time for making the required inspection under Sections (1) and (2) of this rule are exceeded. For the purposes of this subsection:

(A) Written request includes a letter, telegram or FAX transmittal; and

(B) The burden of proof is on the person requesting the electrical inspection to prove that a written request was communicated.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0440

Correction of Defects

(1) Defects in electrical installations noted by the electrical inspector shall be corrected and an inspection request made within 20 calendar days of the date of actual notice of deficiency. For the purpose of this rule, actual notice is given when the inspecting jurisdiction does everything required in OAR 918-271-0020.

(2) If corrections cannot reasonably be made within the specified time in section (1) of this rule, or an interpretation or written appeal has been requested, the permit holder shall contact the inspecting jurisdiction and request an extension of time to a specified date or until deficiency is resolved.

(3) Requests for inspection and requests for extension may be communicated in any way. However, if challenged, the burden of proof is on the requester to document the request was in fact communicated. Responses may also be communicated in any way, but if challenged, the burden of proof is on the inspecting jurisdiction.

Stat. Auth.: ORS 479.730
Stats. Implemented: ORS 479.730
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0450

Electrical Products

(1) The service equipment of a system substation powered by AC shall be certified by an electrical testing laboratory or field evaluation firm approved by the State of Oregon.

(2) The DC transformation, rectification and distribution equipment within a system substation, including the traction power transformer, shall meet ANSI standards where applicable. Compliance shall be demonstrated by the operating entity by:

(a) Furnishing the required ANSI test reports upon request;

(b) Demonstrating the equipment is certified by an electrical testing agency approved by this state; or

(c) Having the equipment otherwise approved by the division as meeting applicable standards. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division. All DC distribution equipment outside a substation is exempt from product certification.

(3) All electrical products and components installed for signaling systems are exempt from electrical product certification, the Electrical Specialty Code and the National Electrical Code. The main power supplies shall be certified by an electrical testing agency approved by this state as meeting applicable ANSI standards or otherwise be approved by the division. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division.

(4) All electrical products installed for communications systems or components to such systems are exempt from regulation under this rule, the Electrical Specialty Code and the National Electrical Code. The main power supply shall be certified by an electrical testing agency approved by this state, or otherwise be approved by the division as meeting applicable ANSI standards. Where there are no applicable ANSI standards for such electrical products, an exception may be granted by the division.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0460

Grounding

(1) System substations shall be installed with a grounding grid to limit touch and step potentials to safe levels as recommended by IEEE 80, "Guide for Safety in Substation Grounding." AC and low-voltage equipment shall be bonded or grounded to this grid, except as otherwise provided for the utility neutral or ground. Calculations and ground resistance test reports for every substation shall be furnished to the division prior to final inspection and maintained by the operating entity.

(2) The service neutral conductor is not required to be bonded to the substation grounding grid, provided that:

(a) A warning sign is posted on the service equipment to provide notice of potential hazards to technical persons who may have access to the service equipment. The notice shall clearly indicate that the neutral is isolated and not grounded;

(b) An isolation barrier is installed over the neutral termination within the service equipment; and

(c) The ground grid is installed in a manner that will demonstrate a ground resistance of 5 ohms or less when tested in accordance with IEEE 81, "Guide for Testing Grounding Systems."

(3) Free-standing signal system cabinets, bungalows or buildings shall be separately grounded by means of a driven ground electrode or electrodes to obtain ground resistance of 25 ohms or less when tested in accordance with IEEE 81.

(4) 60 Hz, 120-volt AC systems for accessory power or lighting located within station platforms or substations shall meet the requirements of the Electrical Specialty Code.

(5) All service equipment receiving service voltage from the utility shall be posted with warning signs to provide notice of potential hazards to technical persons who may have access to the panel. The notice shall clearly indicate that the neutral is isolated and not grounded.

(6) All fencing located within 10 feet of a metallic railway substation, building, ground grid, bungalow or other structure shall be constructed of nonmetallic material.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0470

Appeals

(1) Appeals of decisions recommended by a deputy inspector in relation to the application of the Oregon Electrical Specialty Code shall be to the chief electrical inspector in accordance with OAR chapter 918, division 251, provided that no notice needs to be given to any local jurisdiction.

(2) The chief electrical inspector's determination may be appealed to the director who may consult with the Electrical and Elevator Board or other consultants on any technical issues deemed necessary by the director.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Plan Review

918-305-0500

Standards for Electrical Plan Submissions

A plan review shall be performed prior to the issuance of a permit. Fees shall be based on an hourly rate of $69 per hour. The plan review under these rules shall be limited to the review of the electrified fixed guideway railway system(s) being installed. Other permits and plan reviews may be required by the jurisdiction administering the state building code as defined in ORS 455.010.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0510

Standards for Electrified Fixed Guideway Railway Plan Review

A person performing electrical plan review shall be certified under OAR 918-311-0030 and do the following as a minimum when performing plan reviews:

(1) Load Calculations. Check load calculations for appropriateness, completeness and accuracy.

(2) Equipment. Check and determine if the equipment is:

(a) Suitable for the environment; and

(b) Properly sized and rated to meet the minimum code requirements.

(3) Service and Feeder. Check service and feeder installations for code compliance related to:

(a) Wiring method;

(b) Conduit and box fill;

(c) Conductor size and ampacity rating;

(d) Clearances;

(e) Locations;

(f) Accessibility; and

(g) Service grounding conductor size.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

918-305-0520

Time Limit for Plan Review

(1) Plan reviews shall be approved or denied within ten working days from receipt of the complete electrified fixed guideway railway system plans by the jurisdiction requiring plan review. A reviewed set of plans shall be returned to the plan applicant:

(a) If a plan is rejected, the deficiencies must be set out in writing. Upon resubmission of the necessary items, the ten-day requirement starts again;

(b) If, because of the complexity or size of the installation, additional time beyond the ten working days is required to complete the review, the jurisdiction shall notify the person taking out the electrical permit of the reasons for the delay and the date the review will be completed.

(2) Nothing in this rule shall prohibit a jurisdiction from issuing a complete or partial permit before the entire plans and specifications are submitted or approved, provided adequate information is provided showing compliance with pertinent portions of the code. The permittee proceeds at risk, without assurance that the permit for the entire installation will be granted, or that corrections will not be required including those portions permitted.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Inspectors

918-305-0600

Role of an Electrical Inspector When Inspecting Electrified Fixed Guideway Railway Systems

An electrical inspector certified under OAR 918-281-0020 shall inspect all electrified fixed guideway rail installations as provided in these rules and provide public information on the meaning or application of an electrical code provision, but shall not lay out work or act as a consultant for electrical contractors, property owners or users.

Stat. Auth.: ORS 479.950
Stats. Implemented: ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00

Enforcement

918-305-0700

Electrified Fixed Guideway Railway Systems -- Penalty Guidelines

(1) Scope and authority. This rule sets guidelines for civil penalties for violations of any provision of the rules relating to electrified fixed guideway railway systems.

(2) "Continuing Offense" means violation of a code, rule or law on one or more additional days after having been notified that the act in question, or failure to act, is a violation.

(a) An additional day is any day, other than the first day, an offense takes place; however, defects noted by an inspector in an element of assembly or construction shall not be considered an offense if the defect is corrected and an inspection request made in no more than 20 calendar days.

(b) Notification is not dependent upon a penalty having been assessed.

(c) "Continuing Violation" has the same meaning as "continuing offense."

(3) Amount of penalty that may be assessed by the administrator:

(a) Not more than $1,000 for each violation; or

(b) Not more than $1,000 for each day of a continuing violation.

(4) In determining the penalty amount, any appropriate factors may be taken into account, including but not limited to, prior history of violations, extent to which corrective action was taken and the element of risk or danger to any person caused by the violation.

(5) Civil penalties may be reached by stipulation or consent and may be stayed in whole or in part according to the terms of a stipulation or consent order.

(6) Civil penalties may be assessed in addition to, or in lieu of, the suspension or revocation of a license, certificate of competency or similar authority issued by the division.

(7) Procedures:

(a) Civil penalties shall be brought by staff and assessed by the administrator.

(b) If a dispute concerning the application of the rules relating to electrified fixed guideway railway systems is appealed to the director under ORS Chapter 455 or 479, or:

(A) No civil penalty shall be sought or assessed for violation of the code provision that was appealed, until after the appeal or interpretation is resolved and if corrections are necessary, they are made in not more than 30 calendar days.

(B) Notwithstanding an administrative appeal, civil penalties can be brought or assessed for failure to obtain a permit if the issues on appeal do not involve the question of whether a permit was necessary.

(C) The obligation is on the person charged, or about to be charged, with a violation to advise of an appeal under this subsection.

(c) The division shall adopt operating procedures 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.

Stat. Auth.: ORS 455.895 & ORS 479.950
Stats. Implemented: ORS 455.895 & ORS 479.950
Hist.: BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00; BCD 33-2000, f. 12-27-00, cert. ef. 1-1-01

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