ORS Chapter 693 - Oregon Statutes

Chapter 693 — Plumbers

 

2009 EDITION

 

 

PLUMBERS

 

OCCUPATIONSAND PROFESSIONS

 

GENERALPROVISIONS

 

693.010     Definitions

 

693.020     Personsand activities not regulated under chapter

 

693.025     Insurancerequired of certain providers of low-flow showerheads or faucet aerators;limitation on services; penalty

 

LICENSES

 

693.030     Journeymanplumber license requirement; prohibited acts by plumbing contractor

 

693.040     Apprentices;authority to work

 

693.060     Issuanceof journeyman’s license

 

693.070     Licensenumber; issue and expiration dates

 

693.095     Supervisingplumber license; rules

 

693.103     Limitedspecialty plumbers; rules; scope of license; water heater specialty

 

693.105     Procedurefor refusal, revocation or suspension of license; procedures for hearings,rules, orders and review

 

693.111     Solarheating and cooling system installers; rules; fees

 

STATEBOARD

 

693.115     StatePlumbing Board; membership; term; compensation and expenses

 

693.120     Dutiesof board to examine applicants for journeyman plumber licenses

 

693.125     Officers;quorum; meetings

 

693.135     Fees;rules

 

693.165     Dispositionof receipts

 

RECOVERYFOR SERVICES

 

693.180     Denialof right to court action for unlicensed plumber or unqualified apprentice

 

CIVILPENALTIES

 

693.992     Civilpenalty for violations of chapter

 

693.994     Civilpenalty for violations of ORS 447.065 or 693.111

 

GENERALPROVISIONS

 

      693.010Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Apprentice plumber” means any person who is an apprentice under ORS 660.002 to660.210 and who is employed by a licensed plumbing contractor for the purposeof assisting the journeyman plumber and learning the plumbing trade.

      (2)“Board” means the State Plumbing Board.

      (3)“Journeyman plumber” means any person holding a valid journeyman plumberlicense issued under this chapter.

      (4)“Licensed plumbing contractor” means a person licensed as required under ORS447.010 to 447.156 to engage in the business of furnishing labor and material,or labor only, to install, alter and repair plumbing.

      (5)“Plumbing” has the meaning given that term in ORS 447.010. [Amended by 1971c.753 §33; 1981 c.438 §10; 1993 c.744 §151; 2005 c.758 §41; 2007 c.271 §11]

 

      693.020Persons and activities not regulated under chapter. (1) Except asprovided in subsection (2) of this section, this chapter does not apply to:

      (a)A person working on a building or premises owned by the person, regardless ofwhether the person holds a license under this chapter, if the person complieswith all the rules adopted under this chapter and ORS 447.010 to 447.156 andORS chapter 455.

      (b)A person testing, repairing, servicing, maintaining, installing or replacingnew or existing potable water pump equipment not exceeding seven and one-halfhorsepower on residential property and piping between the pumps and storagetanks for the pumps, regardless of whether the person holds any license underthis chapter.

      (c)A person installing exterior storm drains that are not connected to a sanitarysewer or combination sanitary storm sewer.

      (d)An employee or contractor of a utility, energy service provider or watersupplier who is installing an approved low-flow showerhead or faucet aerator inexisting plumbing fixtures. The devices installed under this paragraph areexempt from the certification, permit and inspection requirements of thischapter and ORS 447.010 to 447.156.

      (e)A person who owns, leases or operates residential property and who repairs, oruses regular employees to repair, existing plumbing on property owned, leasedor operated by the person, regardless of whether the person or employee holds alicense under this chapter. As used in this paragraph:

      (A)“Repair” means the act of replacing or putting together plumbing parts thatrestore the existing plumbing system to a safe and sanitary operatingcondition.

      (B)“Regular employee” means a person who is subject to the provisions of ORS316.162 to 316.221 and who has completed a withholding exemptions certificaterequired by the provisions of ORS 316.162 to 316.221.

      (f)A person installing plumbing in a prefabricated structure, as defined in ORS455.010, that is designed for residential use and intended for delivery inanother state.

      (2)Subsection (1)(a) to (d) of this section does not allow a person other than ajourneyman plumber or apprentice plumber to install, remodel or alter plumbingin a commercial or industrial building being constructed or offered for sale,exchange, rent or lease. As used in this subsection, “install, remodel or alter”means activities that involve installations or changes to the plumbing inside awall, floor, crawl space or ceiling, or a change in the configuration of aplumbing system.

      (3)This section applies to any person, including but not limited to individuals,corporations, associations, firms, partnerships, joint stock companies, publicand municipal corporations, political subdivisions, this state and any agenciesthereof and the federal government and any agencies thereof.

      (4)Except as provided in subsection (1)(d) of this section, nothing in thissection exempts a person from the plumbing inspection requirements of ORS447.010 to 447.156. [Amended by 1981 c.438 §11; 1985 c.590 §5; 1987 c.604 §16;1993 c.293 §3; 2003 c.14 §437; 2005 c.310 §5; 2005 c.758 §42a]

 

      693.025Insurance required of certain providers of low-flow showerheads or faucetaerators; limitation on services; penalty. (1) A utility company, energyservice provider or water supplier whose employees install low-flow showerheadsor faucet aerators shall furnish evidence to the Department of Consumer andBusiness Services, in the form of a public liability policy issued by aninsurance company qualified to do business in Oregon, that the company,provider or water supplier and its employees are protected against liabilityfor injury or death to persons and loss of or damage to property resulting fromthe installation.

      (2)A person who contracts with a utility company, energy service provider or watersupplier to perform the functions described in subsection (1) of this sectionshall furnish evidence to the Department of Consumer and Business Services, inthe form of a public liability policy issued by an insurance company qualifiedto do business in Oregon, that the contractor and its employees are protectedagainst liability for injury or death to persons and loss of or damage toproperty resulting from the installation.

      (3)The amount of the liability insurance required under subsections (1) and (2) ofthis section shall be in the amount of not less than $25,000 for bodily injuryto one or more persons and not less than $25,000 for property damage.

      (4)A person who performs, or who contracts to have performed, a service describedin subsection (1) of this section may not perform any additional service forwhich a license is required under ORS chapter 693 unless the person is licensedunder ORS chapter 693 to perform the additional service. A person not licensedunder ORS chapter 693 who performs services that are not described insubsection (1) of this section for which a license is required under ORSchapter 693 is subject to civil penalty under ORS 693.992.

      (5)Every utility company, energy service provider or water supplier shall includein any contract for the performance of a service described in subsection (1) ofthis section a statement that, under penalty of ORS 693.992, the contractor maynot perform any service for which a license is required under ORS chapter 693,except installation of low-flow showerheads or faucet aerators, unless thecontractor is licensed under ORS chapter 693 to perform that service. [1993c.293 §1; 2001 c.411 §29; 2003 c.14 §438; 2005 c.758 §43]

 

      Note: 693.025 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 693 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

LICENSES

 

      693.030Journeyman plumber license requirement; prohibited acts by plumbing contractor. (1) A personmay not engage in the trade of journeyman plumber without a journeyman plumberlicense issued under this chapter.

      (2)A licensed plumbing contractor or a person required under ORS 447.010 to447.156 to be licensed as a plumbing contractor may not:

      (a)Permit or suffer any person to work as a journeyman plumber who does not hold avalid journeyman plumber license.

      (b)Permit or suffer any person to work as an apprentice plumber who does not meetthe requirements of ORS 660.002 to 660.210.

      (c)Employ an apprentice plumber on any plumbing work, representing the apprenticeplumber to be a journeyman plumber.

      (d)Charge a journeyman plumber’s wage for services performed by an apprenticeplumber. [Amended by 1981 c.438 §12; 1999 c.733 §1; 2005 c.758 §44; 2007 c.271 §12]

 

      693.040Apprentices; authority to work. An apprentice plumber may work at thetrade of plumbing if the apprentice works under the supervision of a licensedjourneyman plumber. [Amended by 1981 c.438 §13; 1993 c.397 §2; 2005 c.758 §45]

 

      693.050 [Amended by1969 c.540 §3; 1975 c.429 §14; 1977 c.873 §13; 1981 c.438 §14; 1987 c.414 §50a;1993 c.744 §152; repealed by 2005 c.758 §56]

 

      693.060Issuance of journeyman’s license. The State Plumbing Board shall issue alicense to a person who:

      (1)By the examination provided for by this chapter is shown to be fit, competentand qualified to engage in the trade of journeyman plumber;

      (2)Complies with board rules adopted under ORS 455.117; and

      (3)Pays the applicable application fee established by the board under ORS 693.135.[Amended by 1973 c.734 §5; 1981 c.438 §15; 2005 c.758 §46; 2007 c.271 §13]

 

      693.070License number; issue and expiration dates. All licenses shall bear:

      (1)The date of issue and date of expiration; and

      (2)An identification number assigned by the State Plumbing Board. [Amended by 1975c.429 §15; 1981 c.438 §16; 2005 c.758 §47]

 

      693.075 [1981 c.438 §23;repealed by 2005 c.758 §56]

 

      693.080 [Repealed by1981 c.438 §46]

 

      693.090 [Amended by1971 c.734 §152; 1981 c.438 §17; 1999 c.597 §2; repealed by 2005 c.758 §56]

 

      693.095Supervising plumber license; rules. The State Plumbing Board may adoptrules that provide for the issuance of supervising plumber licenses tojourneyman plumbers who:

      (1)Demonstrate to the satisfaction of the board competency in the supervision ofplumbing work and in the laws, rules, ordinances and practices relating toplumbing;

      (2)Comply with board rules adopted under ORS 455.117; and

      (3)Pay the applicable application fee established by the board under ORS 693.135. [1981c.438 §22; 2005 c.758 §48; 2007 c.271 §14]

 

      693.100 [Amended by1981 c.438 §18; repealed by 2005 c.758 §56]

 

      693.103Limited specialty plumbers; rules; scope of license; water heater specialty. (1) The StatePlumbing Board, by rule, may license limited specialty plumbers who:

      (a)Demonstrate to the satisfaction of the board competency in the laws, rules,ordinances and practices relating to a plumbing specialty; and

      (b)Pay the journeyman plumber application fee established by the board under ORS693.135.

      (2)A limited specialty plumber license authorizes a person to perform work in thespecific branch of the plumbing trade for which the license is issued.

      (3)(a)The board shall establish a limited specialty plumber license for personslicensed under ORS 479.630 (12) to install and replace residential waterheaters in existing plumbing designed for that purpose if the installation orreplacement does not require an alteration of the existing plumbing.

      (b)Qualification for a limited specialty plumber license under this subsectionshall include testing and a requirement for training.

      (c)This subsection does not otherwise affect the ability of persons licensed undersubsection (1) of this section to make connections to water systems. [1985c.590 §4; 1993 c.477 §1; 1995 c.715 §6; 2005 c.758 §49; 2007 c.271 §15]

 

      693.105Procedure for refusal, revocation or suspension of license; procedures forhearings, rules, orders and review. (1) Where the State Plumbing Boardproposes to refuse to issue or renew any license under this chapter, or proposesto revoke or suspend any license, opportunity for hearing shall be accorded asprovided in ORS chapter 183.

      (2)Promulgation of rules, conduct of hearings, issuance of orders and judicialreview of rules and orders shall be in accordance with ORS chapter 183.

      (3)Hearings under this section must be conducted by an administrative law judgeassigned from the Office of Administrative Hearings established by ORS 183.605.[1971 c.734 §154; 1999 c.849 §§169,170; 2003 c.75 §60; 2005 c.758 §50]

 

      693.108 [1991 c.555 §2;repealed by 2005 c.758 §56]

 

      693.110 [Amended by1971 c.753 §34; repealed by 1981 c.438 §46]

 

      693.111Solar heating and cooling system installers; rules; fees. The StatePlumbing Board, by rule, shall establish a solar heating and cooling systeminstaller license. The board may impose appropriate fees for applications,examinations and issuance or renewal of an installer license. [2001 c.683 §23;2005 c.758 §51]

 

      Note: 693.111 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 693 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

STATEBOARD

 

      693.115State Plumbing Board; membership; term; compensation and expenses. (1) The StatePlumbing Board is established in the Department of Consumer and BusinessServices, consisting of seven members appointed by the Governor. Theappointment of a member of the board is subject to confirmation by the Senatepursuant to section 4, Article III of the Oregon Constitution.

      (2)The members of the board shall be as follows:

      (a)One journeyman plumber with 10 or more years’ experience in the trade orcalling of journeyman plumber;

      (b)One licensed plumbing contractor;

      (c)One local plumbing inspector who is a journeyman plumber;

      (d)One registered professional mechanical engineer;

      (e)One officer or employee of the Oregon Health Authority;

      (f)One plumbing equipment supplier who otherwise qualifies by experience in theindustry or one building official; and

      (g)One member of the general public.

      (3)The term of office of each member is four years, but a member serves at thepleasure of the Governor. Before the expiration of the term of a member, theGovernor shall appoint a successor. A member is not eligible for appointment tomore than two full terms of office. If there is a vacancy for any cause, theGovernor shall make an appointment to become immediately effective for theunexpired term.

      (4)A member of the board shall receive compensation and expenses as provided inORS 292.495. [1981 c.438 §§4,5,9; 1987 c.414 §51; 1993 c.744 §153; 2003 c.14 §439;2005 c.758 §52; 2009 c.595 §1111]

 

      693.120Duties of board to examine applicants for journeyman plumber licenses. The StatePlumbing Board shall examine all persons applying for journeyman plumberlicenses for qualifications. The examination shall be in written form. [Amendedby 1971 c.753 §35; 1981 c.438 §19; 2005 c.758 §53; 2007 c.271 §16]

 

      693.125Officers; quorum; meetings. (1) The State Plumbing Board shall select one ofits members as chairperson and another as vice chairperson, for terms and withduties and powers necessary for the performance of the functions of suchoffices as the board determines.

      (2)A majority of the members of the board constitutes a quorum for the transactionof business.

      (3)The board shall meet as the board determines necessary, but not less than onceevery other month, at a place, day and hour determined by the board. The boardalso may meet at other times and places specified by the call of thechairperson or of a majority of the members of the board. [1981 c.438 §§7,8]

 

      693.130 [Amended by1971 c.753 §36; repealed by 1981 c.438 §46]

 

      693.135Fees; rules.The State Plumbing Board shall adopt rules establishing fees to be charged byand paid to the board. The following shall be the maximum fees establishedunder this section:

      (1)For an application for a journeyman plumber license, $100.

      (2)For a journeyman plumber license renewal, $50 per year.

      (3)For an application for a plumbing contractor license, $150.

      (4)For a plumbing contractor license renewal, $150 per year.

      (5)For an application for a supervising plumber license, $50.

      (6)For a supervising plumber license renewal, $50 per year.

      (7)For continuing education for renewing a license, $25 per year. [1981 c.438 §24;1991 c.555 §3; 1993 c.397 §3; 2005 c.758 §54; 2007 c.271 §17]

 

      693.140 [Amended by1969 c.314 §94; repealed by 1971 c.753 §74]

 

      693.150 [Repealed by1971 c.753 §74]

 

      693.160 [1973 c.834 §44;repealed by 1981 c.438 §46]

 

      693.165Disposition of receipts. All moneys received by the Department of Consumerand Business Services or the State Plumbing Board under ORS 447.010 to 447.156,447.992 and 455.895 (1)(a) and this chapter shall be paid into the Consumer andBusiness Services Fund created by ORS 705.145. Such moneys shall be used onlyfor the administration and enforcement of ORS 447.010 to 447.156 and 447.992and this chapter. [1981 c.438 §26; 1993 c.744 §161; 2001 c.411 §30]

 

RECOVERYFOR SERVICES

 

      693.180Denial of right to court action for unlicensed plumber or unqualifiedapprentice.A person who provides services connected with plumbing, as defined in ORS447.010, may not bring or maintain an action in the courts of this state torecover for those services unless the person alleges and proves that, at thetime the services were performed, the person performing the services either: