- granting of exceptions
(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 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees).
(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 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees).
(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 (Periodic inspection of elevators and permits) 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 (Fees), that the department considers appropriate for the purpose of administering and enforcing ORS 460.005 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees).
(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 (Appeals from adverse rulings of department). [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]
Section 460.085 — Rules; granting of exceptions; fees,