ORS 479.853
Appeal procedure

  • distribution of major code interpretation decisions
If any person is aggrieved by a decision made upon inspection under authority of ORS 455.148 (Comprehensive municipal building inspection programs), 455.150 (Selective municipal building inspection programs) or 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) and 479.995 (Civil penalty for violation of ORS 479.510 to 479.945) of an electrical product or electrical inspection, the person may appeal the decision. The following apply to an appeal under this section:

(1)

An appeal under this section is subject to ORS chapter 183.

(2)

An appeal under this section must be made first to the Chief Electrical Inspector of the Department of Consumer and Business Services. The decision of the Chief Electrical Inspector may be appealed to the Electrical and Elevator Board. The decision of the Electrical and Elevator Board may be appealed to the Director of the Department of Consumer and Business Services only if codes in addition to the electrical code are at issue.

(3)

If the Electrical and Elevator Board determines that a decision by the Chief Electrical Inspector is a major code interpretation, then the inspector shall distribute the decision in writing to all public and private electrical inspection authorities in the state. The decision shall be distributed within 60 days after the board’s determination, and there shall be no charge for the distribution of the decision. As used in this subsection, a “major code interpretation” means a code interpretation decision that affects or may affect more than one job site or more than one inspection jurisdiction.

(4)

If an appeal is made under this section, an inspection authority shall extend the electrical plan review deadline by the number of days it takes for a final decision to be issued for the appeal.

(5)

Unless the department determines that the electrical product or electrical installation presents an immediate fire or life safety hazard, a person may operate an electrical product or electrical installation that is the subject of an appeal under this section until the appeal process is complete. If the department determines that an immediate fire or life safety hazard exists and the product or installation may not be operated during appeal, the department shall provide the person with a written report detailing the problems found by the department. If a determination is made under this subsection that products described in ORS 479.540 (Exemptions) (11) may not be operated during appeal, that determination may be appealed immediately under the procedure established in subsection (2) of this section without first completing any appeal procedure established by a city or county. [1981 c.815 §38; 1993 c.573 §1; 2001 c.573 §19; 2001 c.709 §2; 2005 c.22 §366; 2005 c.435 §8]

Source: Section 479.853 — Appeal procedure; distribution of major code interpretation decisions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors479.­html.

479.015
Smoking in public elevator prohibited 479.155
Plan of proposed construction or alteration 479.165
Certification of fire officials 479.168
Definitions for ORS 479.168 to 479.190 and 479.990 479.170
Ordering repair of, or removal of material from, buildings 479.180
Appeal from order to comply with fire prevention statutes 479.190
Liability in damages for failure to comply with order under ORS 479.170 479.195
Assembly occupancy limits 479.200
Fire protection water supply for public buildings 479.210
“Institution” defined for ORS 479.215 to 479.220 479.215
Institution not to be licensed or certificated unless in compliance with fire safety requirements 479.217
Temporary permit in lieu of inspection approval under ORS 479.215 479.220
Institution inspection by State Fire Marshal 479.250
Definitions for ORS 479.250 to 479.305 479.255
Smoke alarm or smoke detector required in certain structures 479.257
Design features required for certain smoke alarms 479.258
Provision of notice of smoke alarm or smoke detector requirements for persons who are hard of hearing 479.260
Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited 479.265
Action for unlawful transfer of dwelling unit 479.270
Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector 479.275
Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries 479.280
Lack of properly operating smoke alarm or smoke detector 479.285
Owner to maintain and test certain smoke alarms and smoke detectors 479.290
Certain persons not liable for damages resulting from mechanical failure of smoke alarm or smoke detector 479.295
State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors 479.297
Ionization smoke alarms 479.300
Removing or tampering with smoke alarm or smoke detector prohibited 479.305
Smoking policy disclosure 479.510
Short title 479.520
Purpose 479.525
Application of Electrical Safety Law 479.530
Definitions for ORS 479.510 to 479.945 and 479.995 479.540
Exemptions 479.545
License required of state employee 479.550
No work on new electrical installation until permit issued 479.560
Issuance of permit 479.565
Master individual inspection permits 479.570
Energizing of electrical installations 479.610
Installation of uncertified electrical product prohibited 479.620
Certain electrical license required 479.630
Requirements for obtaining licenses 479.632
Applicant training or experience obtained in another state 479.670
Maintenance of action or suit by unlicensed person prohibited 479.680
Adoption of rules by Electrical and Elevator Board 479.710
Electrical installations must meet minimum safety standards 479.730
Adoption of rules by Director of Department of Consumer and Business Services 479.740
Factors to be considered in adopting rules 479.760
Certification of electrical products 479.770
Approved electric ignition pilot required on certain appliances 479.810
Administration and enforcement 479.815
Inspector conflicts of interest 479.820
Duties and powers in enforcing law 479.835
Recovery of purchase price of product not meeting applicable laws 479.840
Fees 479.845
Limitation on use of local government fees 479.850
Disposition of receipts 479.853
Appeal procedure 479.854
Authority of municipality to require license 479.855
City and county inspection and enforcement programs 479.860
Persons authorized to design, plan and lay out electrical installations 479.870
Electrical and Elevator Board to prescribe uniform fee calculation and permit format 479.905
Definitions for ORS 479.870 and 479.905 to 479.945 479.910
Limited energy technician license 479.915
Limited energy technician license requirements 479.940
Activities not subject to licensure under ORS 479.510 to 479.945 479.943
Activities not subject to licensure under ORS 479.905 to 479.945 479.945
Restricted energy contractor’s license 479.950
Minimum safety standards 479.990
Penalties 479.995
Civil penalty for violation of ORS 479.510 to 479.945
Green check means up to date. Up to date

Current through early 2024

§ 479.853’s source at oregon​.gov