reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.932 - Equity study.

(1) The Department of Environmental Quality, in consultation with local governments and the Oregon Recycling System Advisory Council, shall conduct a study of equity in Oregon’s recycling system to determine conditions and make recommendations, including goals to achieve continuous improvement. The department shall provide public involvement opportunities for underserved communities during the study. The study must include, but need not be limited to:
(a) An evaluation of commingled recycling processing facility worker conditions, wages and benefits;
(b) The availability of opportunities in the recycling system for women and minority individuals as defined in ORS 200.005;
(c) The sufficiency of local government requirements related to multifamily recycling services and their implementation;
(d) The sufficiency of recycling education programs relative to desired equity outcomes;
(e) The availability of opportunities in the recycling system for Oregon and other Pacific Northwest businesses; and
(f) Recommendations for improving equity and equitable outcomes for underserved populations in Oregon’s recycling system, including recommendations for new responsibilities of producer responsibility organizations and recommendations for funding such responsibilities.
(2)(a) Except as provided in paragraph (b) of this subsection, a person operating within the recycling system in this state shall, upon request, furnish the department with information necessary for the department to meet the requirements of subsection (1)(a) and (b) of this section. Proprietary information furnished to the department under subsection (1)(a) of this section is not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data do not directly or indirectly identify the proprietary information of any specific person.
(b) Paragraph (a) of this subsection does not apply to any person described in ORS 459A.863 (3)(b).
(3) The department shall complete the study required under this section at least once every four years. The department shall report the results of the study and recommendations required under this section, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment. [2021 c.681 §29]
Note:
Section 61 (2), chapter 681, Oregon Laws 2021, provides:
Sec. 61.
(2) The department [Department of Environmental Quality] shall first submit the report required under section 29 of this 2021 Act [459A.932] no later than September 15, 2024. [2021 c.681 §61(2)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.935 - Multifamily housing needs assessment.

(1) The Department of Environmental Quality, in consultation with the Oregon Recycling System Advisory Council, shall conduct a statewide needs assessment to determine the challenges facing residents of multifamily housing and make recommendations for improvements to allow for effective and equitable recycling opportunities for residents of multifamily housing. The needs assessment conducted under this section must include an evaluation of the placement of and quality of spaces provided for recycling containers and recommendations for improving spaces that are determined to be inadequate. The needs assessment may include recommendations for new responsibilities of producer responsibility organizations and recommendations for funding such responsibilities. If the needs assessment does not include recommendations for adding new responsibilities for producer responsibility organizations, the report required under subsection (2) of this section must include an explanation of why such responsibilities are not needed to address the challenges facing residents of multifamily housing.
(2) The department shall complete the needs assessment required under this section at least once every four years. The department shall report the results of the needs assessment and recommendations required under this section in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment. [2021 c.681 §30]
Note:
Section 61 (3), chapter 681, Oregon Laws 2021, provides:
Sec. 61.
(3) The department [Department of Environmental Quality] shall first submit the report required under section 30 of this 2021 Act [459A.935] no later than September 15, 2024. [2021 c.681 §61(3)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.938 - Fees.

(1) The Environmental Quality Commission shall establish the following fees:
(a) A fixed, one-time fee for reviewing a producer responsibility program plan submitted under ORS 459A.875.
(b)(A) Subject to subparagraph (B) of this paragraph, an annual fee charged to each producer responsibility organization for the purpose of paying the costs to the Department of Environmental Quality of administering, implementing and enforcing the provisions of ORS 459A.860 to 459A.975.
(B) The costs to the department for purposes of subparagraph (A) of this paragraph do not include costs to the department for administering, implementing and enforcing ORS 459A.955, 459A.956 and 459A.959.
(2) The department shall provide notice to a producer responsibility organization no later than September 1 of each year of the annual fee required under subsection (1)(b) of this section for the upcoming calendar year. Fees collected by the department under this section shall be deposited in the State Treasury to the credit of the Producer Responsibility Fund established under ORS 459A.947. [2021 c.681 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.941 - Waste prevention and reuse; rules.

(1) As used in this section, "public body" has the meaning given that term in ORS 174.109.
(2) The Department of Environmental Quality shall establish a program to reduce the environmental impacts of covered products through means other than waste recovery, including waste prevention and reuse. The department may enter into agreements with public bodies to establish a program to reduce the environmental impacts of covered products. The department may provide grants or loans in order to reduce the environmental impacts of covered products. Entities eligible for a grant or loan include, but are not limited to:
(a) Public bodies;
(b) Tribal governments;
(c) Nonprofit organizations; and
(d) Private organizations, if the department determines that the funds would be used for the public benefit.
(3) In providing grants or loans for programs under this section, the department must consider criteria that include, but are not limited to:
(a) The environmental benefits of the program;
(b) The human health benefits of the program;
(c) The social and economic benefits of the program;
(d) The cost-effectiveness of the program; and
(e) The needs of economically distressed or underserved communities.
(4) In addition to the fees established under ORS 459A.938, the Environmental Quality Commission shall establish a waste prevention and reuse fee to be paid by producer responsibility organizations. The fee established under this subsection must be reasonably calculated to support the programs established under this section. The fee charged to any producer responsibility organization may not exceed 10 percent of the three-year average of the organization’s annual expenditures, excluding payments of the fee established under this section, as described in the organizations’ annual reports submitted under ORS 459A.887. Fees collected under this subsection must be deposited in the Waste Prevention and Reuse Fund established under ORS 459A.950. [2021 c.681 §32]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.944 - Life cycle evaluation; rules.

The Environmental Quality Commission shall establish by rule standards for the evaluation and disclosure of the environmental impacts of covered products through the life cycle of the products. Rules adopted under this section must:
(1) Establish procedures and requirements to be used by producers when evaluating the life cycle impacts of covered products to obtain an incentive under ORS 459A.884 or when required to do so under subsection (2) of this section.
(2) Require large producers to:
(a) Once every two years, perform an evaluation of the life cycle impacts of at least one percent of covered products that the large producer sells or distributes in or into this state;
(b) Provide the results of the evaluation to the Department of Environmental Quality; and
(c) Make the evaluation available on the website of the producer responsibility organization of which the large producer is a member. [2021 c.681 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.947 - Producer Responsibility Fund.

The Producer Responsibility Fund is established, separate and distinct from the General Fund. The Producer Responsibility Fund consists of moneys deposited into the fund under ORS 459A.938 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Producer Responsibility Fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.860 to 459A.975. [2021 c.681 §34]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.950 - Waste Prevention and Reuse Fund.

The Waste Prevention and Reuse Fund is established, separate and distinct from the General Fund. The Waste Prevention and Reuse Fund consists of moneys deposited into the fund under ORS 459A.941 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Waste Prevention and Reuse Fund are continuously appropriated to the Department of Environmental Quality and may be used only for the purposes described in ORS 459A.941. [2021 c.681 §35]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.956 - Certification program.

(1) The Department of Environmental Quality shall establish a program or approve a program established by a third party to certify commingled recycling processing facilities located outside of Oregon. The department may issue certificates under the program or develop a list of approved contractors to issue certificates.
(2) A commingled recycling processing facility certified under this section must satisfy the requirements of ORS 459A.955 (2). [2021 c.681 §38]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.959 - Contamination.

(1) The Department of Environmental Quality shall establish forms and procedures for commingled recycling processing and recycling reload facilities to evaluate and describe levels of inbound contamination.
(2) Information described in subsection (1) of this section shall be provided to the department and local governments or local governments’ service providers responsible for collecting the materials evaluated. [2021 c.681 §39]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.965 - Prohibition on promoting acceptance of certain materials for composting; pilot programs.

(1) A person that operates or controls a collection program for yard debris or food waste or that operates or controls a compost facility may not promote for acceptance any material that cannot or will not be effectively composted.
(2) The Department of Environmental Quality, or entities approved by the department, may conduct research or pilot projects to examine the collection and compostability of materials and to identify materials that can and cannot be effectively composted. A pilot or research project may not exceed two years in duration.
(3) Nothing in this section prevents a compositing facility from accepting materials that are not readily compostable and are incidentally collected as part of a collection program. [2021 c.681 §41]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.968 - Application of antitrust laws.

The Legislative Assembly declares that the collaboration of producers through producer responsibility organizations to develop and implement producer responsibility program plans is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in a producer responsibility organization to implement a producer responsibility program plan as required by ORS 459A.860 to 459A.975 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in a producer responsibility organization to implement a producer responsibility program plan as required by ORS 459A.860 to 459A.975 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.860 to 459A.975. [2021 c.681 §42]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 460.175 or by rules adopted under ORS 460.005 to 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 460.175.
(11) "Temporary operation authorization" means an authorization issued by the department to operate an elevator for a specified period pending the issuance of an operating permit. [1961 c.427 §3; 1963 c.330 §1; 1971 c.753 §50; 1973 c.528 §1; 1987 c.414 §31; 1993 c.744 §108; 2005 c.616 §1; 2005 c.758 §22; 2009 c.696 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 460.175 by fees collected in connection with licensing, approval or rejection of plans, inspections, processing reports and issuing of elevator installation permits and operating permits. [1961 c.427 §2; 1971 c.753 §51; 1973 c.528 §2; 2009 c.696 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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. [1961 c.427 §4; 1963 c.330 §2; 1973 c.528 §3; 2001 c.104 §198; 2005 c.22 §339; 2005 c.616 §2; 2009 c.696 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 460.175 or 479.510 to 479.945.
(2) Install, alter, repair or maintain an elevator unless the person possesses a valid license issued under ORS 460.059 or 479.630 (6).
(3) Install, alter, or commence to install or alter, an elevator covered by ORS 460.005 to 460.175 unless the Department of Consumer and Business Services has issued an installation permit.
(4) Permit or suffer an elevator to be operated, without a valid temporary operation authorization or current operating permit, on property that the person owns, controls, manages or supervises.
(5) Act or offer to act as a certified elevator inspector unless the person has a current certificate of competency as an elevator inspector issued by the department.
(6) Place in service a new or altered elevator without a current operating permit issued after a satisfactory acceptance inspection made by the department and satisfactory acceptance tests performed in the presence of a member of the department’s staff of elevator inspectors.
(7) Place in service an elevator that has caused an injury to a person or persons unless permission has been obtained from the department. [1961 c.427 §5; 1973 c.528 §4; 1999 c.1031 §4; 2005 c.616 §3; 2009 c.696 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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). [1999 c.1031 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 department’s 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 department’s 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. [1961 c.427 §6; 1963 c.330 §3; 1973 c.528 §7; 2009 c.696 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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. [2007 c.642 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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. [1961 c.427 §§7,8; 1973 c.528 §8; 2005 c.616 §4; 2005 c.758 §25a; 2007 c.768 §5; 2009 c.696 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 460.085 (1).
(d) Who deliberately falsified the application of the inspector for the certificate or the inspection report made to the department.
(e) Who persistently fails to properly report to the department in writing regarding elevators inspected by the inspector. [1961 c.427 §9; 1973 c.528 §9; 2005 c.758 §26; 2009 c.696 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 department’s 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 460.165, that the department considers appropriate for the purpose of administering and enforcing ORS 460.005 to 460.175.
(2) In adopting rules under subsection (1) of this section, the director shall consider:
(a) Technological advances in the elevator industry.
(b) The practicability of following the standards under consideration, if adopted.
(c) The probability, extent and gravity of the injury to the public or property that would result from failure to follow the standards under consideration.
(d) Safety standards followed, proposed or approved by responsible members of the elevator industry.
(3) The sole purpose of subsection (1)(b) of this section is to provide reasonable safety for life and limb. In case of practical difficulty or unnecessary hardship, the director shall grant exceptions from the literal requirements or permit the use of other devices or methods than specified pursuant to subsection (1)(b) of this section when it is evident that reasonable safety is thereby secured.
(4) Any owner, user or other person aggrieved by the application by the department of the minimum safety standards established by the director pursuant to subsection (1)(b) of this section may appeal in the same manner and for the same reasons as provided under ORS 460.155. [1961 c.427 §§12,14,15; 1963 c.330 §4; 1973 c.528 §10; 1993 c.744 §109; 2005 c.616 §5; 2005 c.758 §27a; 2009 c.696 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 460.175, the department may cause the elevator to be disconnected from the source of power for the elevator. The department shall give reasonable notice to the owner or operator prior to causing the elevator to be disconnected unless continued operation of the elevator would constitute an immediate hazard to the health and safety of persons. [1961 c.427 §16; 1963 c.330 §8; 1973 c.528 §12; 2005 c.616 §6; 2009 c.696 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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. [1961 c.427 §24; 1963 c.330 §9; 1973 c.528 §15; 2005 c.758 §28]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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 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) 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. [1961 c.427 §20; 1973 c.832 §5; 1977 c.874 §1; 1981 c.566 §1; 1981 c.897 §52; 1991 c.201 §2; 1995 c.696 §21; 2003 c.14 §293; 2005 c.616 §7; 2007 c.71 §143; 2009 c.696 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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) "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 amusement parks. "Amusement device" does not include games, concessions and associated structures.
(2) "Amusement ride" means any vehicle, boat or other mechanical device except "water slides" moving upon or within a flow perimeter or structure, along cables, rails or ground, through the air by centrifugal force or otherwise, or across water, that is used to convey one or more individuals for amusement, entertainment, diversion or recreation. The term "amusement ride" includes, but is not limited to:
(a) Rides commonly known as Ferris wheels, carousels, parachute towers, bungee jumping, tunnels of love and roller coasters.
(b) Equipment generally associated with winter sports activities, such as ski lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts and aerial tramways.
(c) Equipment not originally designed to be used as an amusement ride, such as cranes or other lifting devices, when used as part of an amusement ride or device.
(3) "Amusement ride inspector" means an employee or representative of a casualty insurance company or companies who is qualified and regularly employed or otherwise authorized by the insurance company to inspect amusement rides and devices for safety.
(4) "Department" means the Department of Consumer and Business Services.
(5) "Director" means the Director of the Department of Consumer and Business Services.
(6) "Water slide" means a recreational device designed to provide a descending ride on a flowing water film into a splash down pool at the base of the slide. [1959 c.619 §1; 1967 c.295 §1; 1971 c.753 §52; 1981 c.566 §6; 1985 c.705 §1; 1987 c.414 §32; 1993 c.164 §1; 1993 c.744 §111]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 460.320 - Permit and insurance required; notice of termination of insurance; rules.

(1) No person shall:
(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 obtained insurance from a company authorized to transact insurance in this state or an eligible surplus lines insurer as defined in ORS 735.405. The insurance policy shall insure the public and all persons riding or otherwise in contact with the ride or device against loss or injury, in an amount not less than $1 million per occurrence and an aggregate total of not less than $2 million.
(2) Whenever an insurance company notifies its insured that it will no longer insure an amusement ride or device, or that insurance on a ride or device is no longer in force, the insurance company shall also notify the Department of Consumer and Business Services, in a form and manner prescribed by rule by the department, of the description or identification number of the ride or device for which insurance is canceled or suspended or is not to be renewed. [1959 c.619 §2; 1981 c.566 §7; 1985 c.705 §2; 1993 c.164 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 460 - Elevators; Amusement Rides and Devices › Section 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) 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 and conditions that, in the inspector’s judgment, should be imposed upon the operation of the amusement ride or device to protect human life and property. In addition, the inspector shall indicate whether the amusement ride or device:
(a) Meets the underwriter’s standards;
(b) Meets safety standards approved by ASTM International; and
(c) Is assembled and operated in compliance with the manual supplied by the manufacturer of the ride or device.
(3) The inspection shall be performed no more than 90 days prior to the issuance or renewal date of the permit. The department may issue a temporary renewal permit without the required inspection report, allowing continued operation of a previously inspected ride or device if it appears to the department that the owner or operator has attempted to obtain an inspection, but inspection services are temporarily unavailable.
(4) An application shall include the name of the insurance carrier and the number of the insurance policy insuring the ride or device as required by ORS 460.320 (1)(b).
(5) The department shall disapprove and reject an application for a permit if it determines that the:
(a) Owner or lessee of the amusement ride or device is not insured as required by ORS 460.320 (1)(b);
(b) Operation does not meet safety standards as guided by the safety standards approved by ASTM International;
(c) Amusement ride or device is not assembled and operated in compliance with the manual supplied by the manufacturer; or
(d) Operation may endanger human life or property.
(6) Upon approval of an application and payment of fees as prescribed by rule, the department shall issue a permit authorizing operation of the amusement ride or device. [1959 c.619 §§3,4; 1971 c.753 §53; 1977 c.874 §2; 1981 c.566 §8; 1985 c.705 §3; 1993 c.164 §3; 2013 c.1 §67]