justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 458 — Housing and Community

ORS 458.740. Project facilitation. In addition to any other power or authority granted to the Housing and Community Services Department, the department may: (1) Acquire property and hold, conserve, improve, lease, sell or otherwise use or exercise control over the property for the purpose of facilitating the use of the property as part of a community development project. (2) Enter into cooperative agreements or joint projects with other agencies as approved by the Oregon Housing Stability Council. (3) To the extent authorized by law, enter into contracts for the purchase of land and improvements and exercise control over purchased land and improvements. (4) To the extent authorized by law, enter into contracts for the completion of site development functions including, but not limited to, design services, design review with local governments and completion of the permitting process. [1999 c.956 9; 2015 c.180 33] Note: See note under
ORS Chapter 460 — Elevators; Amusement Rides

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: (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 required examination and has been issued a certificate of competency as an elevator inspector by the Department of Consumer and Business Services. (3) Elevator means a hoisting and lowering mechanism equipped with a car or platform that moves in guides, and that serves two or more landings, and includes but is not limited to dumbwaiters, escalators, manlifts, platform hoists, vertical parking units for motor vehicles and moving walks. (4) Elevator contractor license means an authorization issued by the department under ORS 460.005 to 460.175 for the licensee to engage in the business of installing, altering, repairing and maintaining elevators. (5) Installation permit means a permit issued by the department for the installation, alteration or repair of an elevator. (6) Minimum safety standards means safety standards provided by ORS 460.005 to
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.010. [Repealed by 1961 c.427 22]
ORS Chapter 460 — Elevators; Amusement Rides

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.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.020. [Repealed by 1957 c.398 9]
ORS Chapter 460 — Elevators; Amusement Rides

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: (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 within the state. (3) To provide for the administration and enforcement of ORS 460.005 to 460.175 by the Department of Consumer and Business Services. (4) To provide for defraying the cost of administering and enforcing ORS 460.005 to
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.025. [1957 c.398 2,3; repealed by 1961 c.427 22]
ORS Chapter 460 — Elevators; Amusement Rides

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: (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 Department of Consumer and Business Services inspect the elevator. If the department performs the inspection, the department, notwithstanding subsection (1) of this section, may collect the appropriate fee for performing the inspection. (3) Pipes installed in an elevator hoistway prior to July 1, 1961, that do not convey gases or liquids that would endanger life if discharged into the hoistway need not be removed. (4) ORS 460.005 to 460.175 do not apply to: (a) Belt, bucket, scoop, roller or similar type material conveyors. (b) Hoists for raising or lowering materials and that are provided with unguided hooks, slings and similar means for attachment to the materials. (c) Material hoists used only to raise and lower building material in buildings under construction. (d) Stackers that serve one floor only. (e) Window-washing scaffolds. (f) Nonpower-driven lifting devices. (g) Amusement rides. (h) Mine elevators. (i) Elevators under the supervision of the United States Government. (j) Elevators located in private residences, except for initial installation permits and installation inspections. (k) Other elevators and equipment as provided by the department by rule.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.045. Permits, licenses, certificates and authorizations required. A person may not: (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
ORS Chapter 460 — Elevators; Amusement Rides

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: (1) A limited supervising electrician licensed under ORS 479.630 (3). (2) A limited journeyman electrician licensed under ORS 479.630 (5).
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.050. [Amended by 1957 c.398 7; repealed by 1961 c.427 22]
ORS Chapter 460 — Elevators; Amusement Rides

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: (a) Approving or rejecting plans and pertinent data for proposed elevator installations or alterations submitted for the departments examination. (b) Issuing or denying an installation permit. (c) Issuing or denying a certificate of competency to applicants after examinations for the certificate have been taken. (d) Issuing or denying operating permits for elevators inspected by a member of the departments staff of elevator inspectors or by a certified elevator inspector. (2) Except as provided in subsection (3) of this section operating permits may not be issued or renewed for elevators failing to meet minimum safety standards. (3) A provisional operating permit may be issued for elevators whose safety standards vary from the minimum safety standards, if in the opinion of the department no immediate hazard to health or safety exists. The department shall issue a provisional operating permit for a specific period of time determined by the department at the time the permit is granted. During the life of the provisional operating permit, the elevator must be brought into compliance with the safety standards found at variance at the time of the issuance of the provisional permit. (4) The department may adopt rules regarding installation permits and operating permits. The rules may include, but need not be limited to, rules for the use of standardized forms and terms and conditions for permit validity. (5) The department shall issue a certificate of competency as an elevator inspector only to an individual who has passed an examination administered by the department for that purpose and who is employed by the department or is a representative of a casualty insurance company or companies as an elevator inspector. The examination shall: (a) Include questions, the answers to which are confined to matters that will aid in determining the fitness and competency of the applicant for the intended service. (b) Include a practical demonstration of manipulative skill directly related to the intended service, or the requirement of previous related experience in lieu of a practical demonstration. (c) Be maintained on file with the records of practical demonstrations for no less than three years and shall be produced by the department upon the request of any court, or the Electrical and Elevator Board, or a person with a legitimate interest. (6) If for a period of more than two years after the person is issued a certificate of competency as an elevator inspector, a holder of the certificate is not employed as an elevator inspector, the person is not entitled to renewal of the certificate. The person may qualify for issuance of a new certificate in the manner provided for in subsection (5) of this section.
ORS Chapter 460 — Elevators; Amusement Rides

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.
ORS Chapter 460 — Elevators; Amusement Rides

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.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.060. [Amended by 1957 c.398 8; repealed by 1961 c.427 22]
ORS Chapter 460 — Elevators; Amusement Rides

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) 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 reciprocating conveyors. (3) If the department adopts rules under this section, the rules shall include, but need not be limited to, rules that establish: (a) Subject to subsection (4) of this section, the type of work experience and training required to qualify for a reciprocating conveyor mechanic license or restricted reciprocating conveyor mechanic license; (b) Supervision and oversight requirements for reciprocating conveyor mechanics or restricted reciprocating conveyor mechanics; and (c) Procedures for administering and enforcing this section and the rules adopted under this section. (4) An applicant for a reciprocating conveyor mechanic license must demonstrate 3,000 hours of work experience in the installation, alteration, repair and maintenance of reciprocating conveyors or of other forms of elevators identified by the department by rule. (5) ORS 460.045 (2) does not apply to a reciprocating conveyor mechanic or restricted reciprocating conveyor mechanic engaged in installing, altering, repairing or maintaining the mechanical portions of a reciprocating conveyor. (6) Department rules adopted under this section may not prohibit a person who holds a license issued under ORS 460.057, 460.059 or 479.630 (6) from installing, altering, repairing or maintaining reciprocating conveyors or prohibit a limited journeyman electrician licensed under ORS 479.630 (5) from repairing or maintaining a reciprocating conveyor located in an industrial plant. (7) Notwithstanding ORS 460.045 (2), a person is exempt from any licensing requirement established by rules adopted under this section or established under ORS 460.057, 460.059 or 479.630 (6) when engaging in the installation, alteration, repair or maintenance of the mechanical portions of a reciprocating conveyor that is located in a residence and designed for moving an individual on a motorized chair. (8)(a) The fee for the issuance or renewal of a reciprocating conveyor mechanic license is $100 per year. (b) The fee for the issuance or renewal of a restricted reciprocating conveyor mechanic license is $50 for a three-year period.
ORS Chapter 460 — Elevators; Amusement Rides

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. (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 460.175 and the rules adopted under ORS 460.085 (1) is entitled to renewal at the expiration of the certificate or permit.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.070. [Formerly 651.180; repealed by 1961 c.427 22]
ORS Chapter 460 — Elevators; Amusement Rides

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. (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 to 460.175. (b) Who fails to file in advance with the department the name of any company for which the inspector performs an inspection. (c) Who willfully violates ORS 460.005 to 460.175 or rules adopted under ORS
ORS Chapter 460 — Elevators; Amusement Rides

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: (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 July 1, 1961. (c) Governing the issuance, renewal, suspension and revocation of permits and certificates of competency issued under ORS 460.005 to 460.175. (d) Prescribing the time, place and circumstances under which permits, licenses and certificates of competency shall be exhibited for inspection. (e) Governing the internal organization and procedure of the Department of Consumer and Business Services for administering and enforcing ORS 460.005 to 460.175. (f) Prescribing, requiring and governing reports by the departments staff of elevator inspectors and certified elevator inspectors on elevators inspected by them. (g) Establishing standards, criteria and intervals for the periodic inspection under ORS 460.125 of the various types of elevators. (h) Establishing standards for the inspection of, and safety testing on, a new or altered elevator prior to placement of the elevator into service. (i) Establishing reasonable fees, in addition to the fees established by ORS
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.125. Periodic inspection of elevators and permits; action upon finding noncompliance. (1) The Department of Consumer and Business Services shall: (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, by the employer of a certified elevator inspector, that inspection will be made by the certified inspector and a copy of the inspection report is filed with the department within 30 days of the date the elevator is due for inspection. (b) Periodically check the authenticity, appropriateness and expiration date of elevator operating permits. (c) Review with the Electrical and Elevator Board any appeals from the decisions of the inspectors. (d) To the extent necessary to ensure safety, perform inspections and witness safety tests of new or altered elevators before the elevators are placed in service. (2) Inspection reports provided to owners, users or other affected parties shall contain a notification of the right of appeal as provided in ORS 460.155. (3) If the department finds that an elevator is not being operated in compliance with ORS 460.005 to 460.175, and the rules adopted under ORS 460.005 to
ORS Chapter 460 — Elevators; Amusement Rides

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.
ORS Chapter 460 — Elevators; Amusement Rides

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
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.155. Appeals from adverse rulings of department. (1) The Department of Consumer and Business Services shall hear the appeal of an appellant: (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 notice described in paragraph (a) of this subsection. (2) If there is a timely appeal, the injunction will not be sought or the permit or certificate of competency will not be canceled, suspended or revoked pending the appeal unless the reason for the injunction, cancellation, suspension or revocation constitutes an immediate menace to health or safety. (3) The department shall likewise hear the appeal of an appellant who has filed a written request and who has reason to desire a change in the minimum safety standards or the rules under ORS 460.005 to 460.175, or has been denied a permit under ORS 460.055 or a certificate of competency. (4) The department shall set the time and place for hearing and give the appellant 10 days written notice. (5) All appeals shall be heard within three months of receipt of the request, except that if immediate menace to health or safety is involved the appeal shall be heard within 20 days of receipt of the request. (6)(a) Two or more appeals may be consolidated for hearing, if based upon substantially the same facts. (b) The department and the appellant may subpoena witnesses who shall receive the same compensation and mileage pay as circuit court witnesses. (c) The appeal shall be heard by the department before the Electrical and Elevator Board. (d) A written record shall be kept. (e) The department shall determine the appeal after consultation with and giving consideration to the views of the board. (7) Judicial review of any final order or decision of the department shall be taken pursuant to the provisions of ORS chapter 183.
ORS Chapter 460 — Elevators; Amusement Rides

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: (a) For each year of an elevator contractors 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) A dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $60. (B) An escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $98. (C) A power-driven elevator with a four floor rise or under, $88. (D) A power-driven elevator with over a four floor rise, but under a 10-floor rise, $108. (E) A power-driven elevator with a 10-floor rise or over, but under a 20-floor rise, $134. (F) A power-driven elevator with a 20-floor rise or over, $157. (d) For a reinspection, $75. (e) For special inspections of hoisting or lowering mechanisms other than elevators, or for inspections, testing, consultations, site visits or other services for which no fee is otherwise specified, $75 per hour for travel and inspection time. (f) For an elevator installation permit, if the total cost of the installation or alteration is: (A) $1,000 or under, $98. (B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000. (C) $15,000 or over but under $50,000, $280 plus $8 for each $1,000 or fraction of $1,000 by which the cost exceeds $15,000. (D) $50,000 or over, $553 plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000. (2) If an owner or user of any elevator equipment fails to pay a fee required under this section within 90 days after the billing date, the department may consider the fee delinquent and double the amount of the fee.
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.175. (7) Moving walk means a power-driven, horizontal or inclined, or combination, passenger-carrying device, in which the passenger-carrying surface remains parallel to its direction of motion, and is uninterrupted. (8) Operating permit means a permit issued by the department for the operation of an elevator. (9) Platform hoist means a hoisting and lowering mechanism equipped with an open platform that moves in a substantially vertical direction and that travels a limited distance above or below a building floor or dock level. (10) Provisional operating permit means a permit issued by the department on the basis of a variance from the minimum safety standards under ORS 460.005 to
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.210. [1963 c.276 1,2,3,4; renumbered 456.965]
ORS Chapter 460 — Elevators; Amusement Rides

ORS 460.230. [1963 c.276 5; renumbered 456.975] AMUSEMENT RIDES AND DEVICES