I. II. - Oregon...No journeyman plumber license Portland January 2016 $4,000* $1,500 Consent Order....

Building Codes Division 1535 Edgewater Street NW

P.O. Box 14470 Salem, OR 97309-0404

503-378-4133 Fax: 503-378-2322 Oregon.gov/bcd

Kate Brown, Governor

State Plumbing Board Meeting agenda

Thursday, October 20, 2016, 9:30 a.m.

Conference Room A

Board meetings are broadcast live via the Internet at

http://www.oregon.gov/bcd

Click on “View live meetings”

I. Board business

A. Call to order

B. Roll call

C. Approval of agenda and order of business

D. Approval of the August 18, 2016, draft board meeting minutes

E. Date of the next regularly scheduled meeting: December 15, 2016

F. Farewell to board member Michael Perry, Oregon Health Authority

II. Public comment This time is available for individuals wanting to address the board on non-agenda items only. The board will not

take action on non-agenda items raised under public comment at this meeting. Testimony on agenda items will be

heard when the item is called. (See "Issues to remember when addressing board" at the end of this agenda.)

III. Reports A. Plumbing program update

B. Enforcement field investigators territory map - Informational

C. Summary of enforcement actions previously taken by the division outlined on the

enforcement board report (No board action required)

IV. Communications - None

V. Appeals - None

VI. Unfinished business - None

VII. New business

A. Board provide guidance regarding the development of a plumbing journeyman provisional

license

B. Board consideration of proposed changes to the advisory board penalty matrix

C. Board consideration of proposed enforcement rules that clarify certain procedural processes

D. 2017 Oregon Plumbing Specialty Code adoption discussion


E. Request received from Plumbing-Heating-Cooling Contractors Association to consider

continuing education credit

VIII. Announcements - None

IX. Adjournment

Issues to remember when addressing the board:

All public participation is subject to the discretion of the board chair for order of testimony, length and

relevance.

Speakers are generally limited to five minutes.

Please register on the attendance registration form and on the public testimony registration form, listing

the appropriate agenda item.

The board chair will call you to the front testimony table.

Please state your name and the organization you represent (if any).

Always address your comments through the chair.

If written material is included, please provide 20 three-hole-punched copies of all information to the

boards coordinator prior to the start of the meeting and, when possible, staff respectfully requests an

electronic copy of materials 24 hours prior to the meeting.

Interpreter services or auxiliary aids for persons with disabilities are available upon advance request. Persons making presentations including the

use of video, DVD, PowerPoint, or overhead projection equipment are asked to contact boards coordinator 24 hours prior to the meeting. For

assistance, please contact Debi Barnes-Woods at 503- 378-6787.

Please do not park vehicles with "E" plates in "customer only" spaces.

Note: For information regarding re-appointments or board vacancies, please visit the governor’s website.

mailto:[email protected]


http://www.oregon.gov/gov/admin/Pages/How_To_Apply.aspx

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State Plumbing Board Regular meeting minutes

August 18, 2016

Members present: Travis Argue - Journeyman plumber, Chair Matthew Rozzell - Building official, Vice-chair Craig Anderson - Registered plumbing business Melissa Gitt - Plumbing inspector Members absent: Skai Dancey - Mechanical engineer Vacancy - Employee of the Oregon Health Authority Vacancy - Member of the general public Staff present: Katharine Lozano, Senior Assistant Attorney General Brett Salmon, manager, Policy and Technical Services

Andy Skinner, plumbing program chief, Policy and Technical Services Andrea Simmons, manager, Enforcement Services Alana Cox, senior policy advisor, Policy and Technical Services Adam Blechman, contested case representative, Enforcement Services Richard Baumann, policy analyst, Policy and Technical Services Dan Wittekind, enforcement investigator, Enforcement Services Bill Huston, enforcement investigator, Enforcement Services Debi Barnes-Woods, boards administrator, Policy and Technical Services

Guests present: James McKenzie, City of Portland Pam Ditty, Mike Ditty LLC

I. Board business A. Call to order

Chairman Travis Argue called the State Plumbing Board meeting of August 18,

2016, to order at 9:32 a.m. The meeting was held at the Building Codes Division

in Conference Room A, 1535 Edgewater Street NW, Salem, Oregon.

B. Roll call Skai Dancey was absent excused. This board has two vacant positions: Member of the general public, and an officer

or employee of the Oregon Health Authority.

C. Approval of agenda and order of business Chair Argue ruled the amended agenda and order of business approved. D. Approval of the April 21, 2016, draft board meeting minutes Chair Argue ruled the draft minutes of April 21, 2016, final. (June 16, 2016,

meeting canceled) E. Date of the next regularly scheduled meeting: October 20, 2016.

State of Oregon

Agenda

Item

I.D.

http://www.oregon.gov/bcd/boards/Documents/plumb-061616-cancel-letter.pdf

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II. Public comment – None

III. Reports A. Program update

Andy Skinner, plumbing program chief, Policy and Technical Services, discussed

the following items:

2017 Oregon Plumbing Specialty Code 45-day period to submit proposed

code amendments (posted)

Individuals interested in membership to the 2017 Oregon Plumbing

Specialty Code Committee, contact either the plumbing program chief or

the chair

(Chair Argue read a script to announce the start of outside of public meeting. The

audience and news media were asked to leave the room. No votes were taken.)

B. Outside of public meeting pursuant to ORS 192.690(1) to deliberate on

Ruling on Motion for Summary Determination and Proposed Order issued

by Administrative Law Judge Dove L. Gutman for Ken Van Hoesen, BCD

Case No. 2015-0016

(Chair Argue read a script to announce the start of public meeting. No votes were

taken during outside of public meeting.)

Board review and provide a recommendation on the petition for

consideration of late hearing request and exceptions and to provide a

recommendation to consider the adoption of amendment of the Proposed

Order in the matter of Ken Van Hoesen, BCD Case No. 2015-0016

Douglas Gallagher, representing Ken Van Hoesen, was connected by

teleconference. He asked the board to reconsider the revocation of Mr. Van

Hoesen’s journeyman plumbing license based on the belief that Mr. Van Hoesen

is a second time violator and not a third time violator per the division’s penalty

matrix.

Motion by chair Argue move to accept as true the reasons provided as good

cause for the request to file a response to the board’s Motion for Summary

Determination late, but consider the reason not sufficient to constitute good cause.

However, I move that the board finds that there now appears to be an issue of

material fact in dispute, so a hearing on the facts of the case is appropriate.

Therefore, I finally move that the board refer the case back to ALJ Gutman for a

hearing.

Roll call vote:

Yea: Melissa Gitt, Craig Anderson, VC Matthew Rozzell, and chair Travis Argue

Nay: None

Motion carried unanimously

http://www.oregon.gov/bcd/codes-stand/Documents/pl-17opsc-amendment-proposal-notice.pdf



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C. Summary of enforcement actions previously taken by the division outlined

on the enforcement board report. (No board action required)

Informational item.

Adam Blechman, contested case representative, Enforcement Services, was

available for questions.

Andrea Simmons, manager, Enforcement Services, updated the board on the

section’s newest Contested Case Representative Shannon Flowers. Manager

Simmons said that Enforcement Services is now fully staffed.

Manager Simmons discussed the delegation of signature authority that the board

has granted the division. Signature authority has not been updated in the last 10

years. The division is currently working on documentation to present to the board.

IV. Communication - None V. Appeals - None VI. Unfinished business - None

VII. New business

Review and approve committee’s recommendation on new continuing education courses and instructors applications

Richard Baumann, policy analyst, Policy and Technical Services, updated the board on the continuing education committee’s recommendations for new courses and instructor applications for board approval.

Motion by Matt Rozell, VC, to approve the committee’s recommendations for

approval or denial of courses or instructors. Motion carried

VIII. Announcements - None

IX. Adjournment The meeting was adjourned at 10:09 a.m.

Respectfully submitted by,

Debi Barnes-Woods, boards administrator/coordinator

Note: coast range territory lines are estimated.

Updated 8/29/16

Shared by Russ, Dan & Chris Dan Wittekind, 503-378-6988Skip Smith, 503-551-3404Russ Darling, 503-378-2890

Chris Titus, 503-378-8094

Enforcement Field Investigators Territory

YAMHILL

WALLOWA

UNION

UMATILLA

TILLAMOOK

POLK

MORROW

WASCO

SHERMAN

WHEELER

GILLIAM

MARION

MALHEUR

KLAMATH

LINNLINCOLN

LANE

LAKEJOSEPHINE

JEFFERSON

JACKSON

HOOD RIVER

HARNEY

GRANT

DOUGLAS

DESCHUTES

CURRY

CROOK

COOS

CLATSOP

CLACKAMAS

BENTON

BAKER

MULTNOMAH

COLUMBIA

WASHINGTON

Woodsdj

Text Box

Agenda Item III.B.

State Plumbing Board Enforcement Report October 20, 2016

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

C2016-0086

Skip

Belden, Steven Installation of a sink and toilet and

new water and waste lines

No journeyman plumber license

Klamath Falls April 2016 $4,000* $1,500 Consent Order.

Related to C2016-0085

Complaint submitted by license

enforcement person.

C2016-0049

Bill

Membrahtu, Amanuel G. Installation of water supply piping,

water heater and plumbing fixtures.


Portland January 2016 $4,000* $1,500 Consent Order.

Related to C2016-0048.

Complaint submitted by City of

Portland electrical inspector.

C2015-0070

Russ

McPeek, Mark Lee Replaced 2 water heaters.

Allowing unlicensed individuals to

perform plumbing work

No plumbing permit

Coos Bay 2012-2015 $8,000* $8,000 Default Order.

Complaint submitted by BCD field

investigator.

C2016-0148

Anthony

DC Graham Construction, LLC

dba Bend Handyman Service

Advertised on the web for plumbing

services; such as fix a leaky pipe, add

or replace bathroom fixtures, and

repair/replace toilets

No plumbing contractors license

Bend 2016 $6,000* $1,000 Consent Order.

Related to C2016-0027.

Complaint submitted by BCD field

investigator.

C2015-0174

Russ

Richardson, Ryan R.

dba Ryan Richardson

Construction

Installation of a water line for a

dishwasher. Installation of a new

toilet and tub/shower unit.


llowing unlicensed individual to

perform plumbing work

No plumbing permit

Marcola May 2015 $14,000* $14,000 Default Order.

Complaint submitted by homeowner.

C2015-0256

Skip

AITHR Dealer, Inc. Installation of Jacuzzi-style walk-in

bathtubs, including connection to the

existing water supply lines; Removal

and reinstallation of toilets; Reversal

of bathroom drains and replacement

and relocation of bathroom drains and

vent pipes.


Allowing unlicensed individuals and

businesses to perform plumbing work

No plumbing permit

Throughout

Oregon

2014

to

2015

$4,000 $1,500 Consent Order.

Related to C2015-0141, C2015-

0142, C2016-0131, C2016-0132,

C2016-0133, C2016-0134. C2016-

0135 and C2016-0318.

Complaint submitted by CCB field

investigator.

Summary Report - Cases Previously Resolved by Division

*Total penalties assessed for violations in more than one program

Page 1 of 2

Woodsdj

Text Box

Agenda Item III.C.

State Plumbing Board Enforcement Report October 20, 2016

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

Summary Report - Cases Previously Resolved by Division

C2016-0138

Dan

Gonzalo, Monje Installation of PEX tubing.


No plumbing permit

Chemult March 2016 $6,000* $1,800 Consent Order.

Compaint submitted by license

enforcement person.

*Total penalties assessed for violations in more than one program

Page 2 of 2

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State of Oregon Board memo Building Codes Division October 20, 2016 To: The State Plumbing Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: Provisional journeyman license Action requested: State Plumbing Board review of provisional license concept and guidance to the division regarding the development of a plumbing journeyman provisional license. Background: After evaluating the current professional workforce available, the plumbing industry identified a need for additional qualified licensed plumbers to meet current and upcoming demands in Oregon. Industry approached the division with a proposal for creating a provisional license – a “one way reciprocal agreement” approach. The board has the authority to establish standards for licensure, including provisional licenses. This approach would recognize a state’s registered apprenticeship program as substantially similar to Oregon’s standards, qualifications and examinations required under applicable Oregon statutes and rules. If a state’s program and examinations are substantially similar, the provisional licensing rules would allow for a state’s licensed journeyman plumber (or master plumber, for those that have them), upon proof of completion of a registered state apprenticeship, to receive a provisional journeyman license from Oregon. These licensees may perform the same work as a journeyman license but are not renewable. The board should provide direction to the division regarding when applications may be accepted, when licenses issued under the rule expire, and when the rules expire. The division has developed a draft temporary rule for the board’s consideration. Based on feedback from the board, rules could be adopted by November 1, 2016.

Agenda Item

VII.A.

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Options: Review the proposed draft rule and specify time period for adoption of a temporary rule,

license expiration, and rule expiration. Review and amend the proposed draft rule and specify time period for adoption of a

temporary rule, license expiration, and rule expiration. Identify applicable states with substantially similar programs. Take no action.

Provisional Journeyman Plumber License DRAFT

October 20, 2016 918-695-XXX1

Provisional Journeyman Plumber Licensure

It is the purpose of these rules to recognize the qualifications of the State of (State

Name) journeyman plumbers who have a certificate of completion from a registered State

of (State Name) apprenticeship program or a program approved by the Oregon State

Plumbing Board. The Oregon State Plumbing Board has determined that the registered

State of (State Name) apprenticeship program is substantially similar to Oregon’s

standards, qualifications and examinations required under applicable Oregon statutes and

rules. A State of (State Name) applicant may receive an Oregon journeyman plumber’s

license in one of the following ways:

(1) The division, without examination, may issue a provisional journeyman plumber’s

license to applicants that meet the conditions of this rule and pay the applicable application

fee.

(2) A person may apply for the license in OAR 918-695-0030, by following the

application requirements and pass the examination in OAR division 30 and pay the

applicable application fee.

Stat. Auth: ORS 455.117, 693.030, 693.060, 693.195 Stat. Implemented: ORS 455.117, 693.060 History: New 918-695-XXX2

Application Process

For the purposes of this rule:

(1) Applicants for a provisional journeyman plumber’s license must apply on a

division-approved form.

(2) The application must include:

(a) Applicant name and home address;

(b) Appropriate application fees; and

(c) Verification of training, examination, work experience and other required

documentation.

(3)Verification referenced in subsection (2)(c) above includes:

(a) Submitting proof of qualifying criteria as required by the appropriate rules and in

the manner established by this rule.

(b) Submitting training, examination and experience verification as follows:

(A) Copy of valid journeyman plumber certification issued by the (State Name –

appropriate licensing entity). The certificate must be current and in good standing with no

history of violations; and

(B) Proof of passing the (State Name – appropriate licensing entity) journeyman plumber

examination; and

(C) Copy of certificate of completion from a registered State of (State Name)

apprenticeship program or program approved by the Oregon State Plumbing Board.

(4) Individuals who have taken but failed the Oregon journeyman plumber’s

examination more than once are not eligible to apply under these rules. These individuals

may still apply for an Oregon journeyman plumber’s license under OAR 918-695-0030.

Stat. Auth: ORS 455.117, 693.030, 693.060, 693.195 Stat. Implemented: ORS 455.117, 693.060 History: New 918-695-XXX3

Effective Dates

(1) The division may discontinue receipt of applications for provisional journeyman

plumber’s license applications issued under OAR 918-695-XXX1 and 918-695-XXX2 on

December 15, 2017.

(2) All provisional journeyman plumbers’ licenses issued under this rule are valid 3

years from the date of issuance and are not eligible for renewal.

(3) OAR 918-695-XXX2 expires on March 30, 2017 unless modified by another rule.

(4) OAR 918-695-XXX1 to OAR 918-695-XXX3 are repealed effective December 31,

2020.

Stat. Auth: ORS 455.117, 693.030, 693.060, 693.195 Stat. Implemented: ORS 455.117, 693.060 History: New

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State of Oregon Board memo Building Codes Division October 20, 2016 To: The State Plumbing Board From: Adam D. Blechman, contested case representative, Enforcement Services Subject: Proposed changes to the Advisory Board Penalty Matrix Action requested: To consider proposed changes to the Advisory Board Penalty Matrix. Background: Pursuant to Oregon Administrative Rule (OAR) 918-001-0036(6), the Director of the Department of Consumer and Business Services may, subject to approval of a board, develop a penalty matrix for the board’s use to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases. The licensing advisory boards have previously approved the use of a penalty matrix, most recently in June 2010. The attached document contains proposed changes to the current matrix, including deletions (which are stricken through) and additions (which are in boldface font and underlined). There are several proposed changes to the matrix, mostly for the purposes of clarifying its application and conforming to applicable statutes and rules. The proposed changes include clarifications that license actions (conditions, suspensions, and revocations) are independent from the civil penalties and type of violation (first, second, or third) outlined in the matrix, and that the type of violation is based upon the number of violations committed within the past five years. In addition, some violation types are clarified in order to capture different violations or distinguish violations based on facts. Civil penalty amounts are largely unchanged, with the exception of those that previously contained identical civil penalty amounts for second- and third-time violators because a Respondent must be a third-time violator before the maximum civil penalty may be assessed under ORS 455.895(5) based on the definition of “pattern of violation” as adopted by the board. Under OAR 918-001-0036, “pattern of violation” is defined as “two or more prior violations during a five-year period of any provision of ORS Chapter 446, 447, 455, 460, 479, 480, or 693, or the state building code as defined in 455.010, whether or not a penalty was assessed.” Accordingly, some changes in civil penalty amounts are proposed to reflect this definition in administrative rule.

Agenda Item

VII.B.

http://arcweb.sos.state.or.us/pages/rules/oars_900/oar_918/918_001.html

https://www.oregonlegislature.gov/bills_laws/ors/ors455.html








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Options: After considering the proposed changes to the Advisory Board Penalty Matrix, the board may:

Approve of the proposed changes. Amend and approve the proposed changes. Include in the motion the amendments to the

proposed changes. Disapprove of the proposed changes, which would leave the matrix in its current form

and recommend OAR 918-001-0036‘s definition “pattern of violation” be amended to reflect the policy in the matrix.

ADVISORY BOARD CIVIL PENALTY MATRIX June, 20102016

Pursuant to OAR 918-001-0036, this penalty matrix applies to the following trade specialty codes: boiler, electrical, elevator, manufactured dwelling/installer, plumbing, and mechanical.

Absent an accompanying license violation, permit violations are handled by the issuing authority. The entire penalty is imposed in all cases. A violator will not automatically receive the minimum amount due for the penalty. A stay of some portion of a penalty is within the sole discretion of the board or the division acting on the board’s behalf for purposes of settling cases prior to hearing. In determining whether a portion of the penalty should be stayed the Board Division considers aggravating and mitigating factors including but not limited to risk to the public and the cooperation of the violator. Civil penalties may be assessed in addition to, or in lieu of, the conditioning, suspension, and/or revocation of a license, certificate, or similar authority. The conditioning, suspension, and/or revocation of a license, certificate, or similar authority are not part of this penalty matrix and the Board or the Division, acting on the Board’s behalf, may take an action against a license, including against a first time violator. The violation type (first, second, or third) is based upon the number of violations committed within five years of the date of the present violation.

Violation Type

1st 2nd 3rd Length

of Time Permit

Violation

Penalty Assessed: $1000 Max. Amt. Stayed: $750

Min. Amt. Due/payable: $250

Penalty Assessed: $ 2000 Max. Amt. Stayed: $1250




5 years from last violation

Above section applies to violations of permit requirements, excluding violations involving false information. Volunteer

Who Has Violated Licensing Laws



Penalty Assessed $2000 Max. Amt. Stayed: $1000





Above section applies to individuals who are not licensed or employed in one of the specialty trades listed above and who make an installation that requires a license for no remuneration or other benefit.

Unlicensed Activities



Penalty Assessed: $2500 With Max Stay: $1000



Min. Amt. Due/payable: $4000 Condition/deny/suspend/revoke/injunction


Above section applies to individuals or companies and includes working without a license and allowing an unlicensed individual to perform specialty work.

Violation Type

1st 2nd 3rd Length of Time

Scope of License Violations


Min. Amt. Due/payable: $250 (Apprentices: max. amt. stayed:

$2000/ min. due: $0)




Min. Amt. Due/payable: $4000 and/or

condition/denial/suspension/revocation


Above section applies to individuals or companies in one of the specialty trades working outside the scope of their license. This also includes apprentices. Supervisor

Penalty Assessed: $3000

Max. Amt. Stayed: $2750 Min. Amt. Due/payable: $250







Above section applies to supervising electricians not performing the duties of a supervisor, as listed in OAR 918-282-0140. Business





Penalty Assessed: $5000 Max. Amt. Stay: $1000




Above section applies to individuals engaging in the business or of a contractor working in a trade that requires a specialty license. Unsafe

Installations/Health and Safety

Hazard/Failure to Comply with

Directive/False information





condition/denial/suspension/ revocation

Same as second-time violator Penalty Assessed: $5000 Max. Amt. Stay: $1000



Above section applies to individuals or companies that have made an unsafe installation causing immediate danger to the public and to individuals who provide false or incorrect information or a false or an incorrect signature to the Division or municipality, such as while applying for a permit, applying for a license, or participating in an investigation. Failure to Comply

with Order of Corrective

Action/Continuing Offense

Up to $1000 per day and/or suspension/ revocation

N/A N/A 5 years from last violation

Above section applies to orders to correct any work or installation related to any trade specialty codes listed above and to continuing offenses, as defined in OAR 918-001-0036(2)(a).

Violation Type

1st 2nd 3rd Length of Time

Failure to Comply with Directive &

Aggravating Factors

Penalty Assessed: $45004000 Max. Amt. Stayed: $1500 Min. Amt. Due/payable:

$30002500

Penalty Assessed: $50004500 Max. Amt. Stayed: $1000 Min. Amt. Due/payable:

$40003500 and/or

condition/denial/suspension/ revocation

Same as second-time violator Penalty Assessed: $5000 Max. Amt. Stay: $1000



Above section applies to directives, as defined in OAR 918-001-0036(2)(b), given to anyone failing to comply with the Oregon trade specialty codes listed above. This includes jurisdictions.

State of Oregon Board Memo Building Codes Division October 20, 2016 To: State Plumbing Board From: Todd Smith, policy analyst, Policy and Technical Services Subject: Proposed Enforcement Rules Action requested: Approval of the division’s proposed enforcement rules. Background: The division has developed proposed enforcement rules. These proposed rules are intended to clarify certain procedural aspects of the contested case hearing process and ensure that licensees provide accurate contact information. The rules also require cooperation with investigations and allow an enforcement action to be taken against the license of owners of businesses that have been assessed civil penalties or have had action taken against their business or other businesses that they are associated with. The procedural changes are consistent with the Department of Justice’s model rules for procedure in contested case hearings. The other rules, such as the one related to proper service, are needed to ensure that the division can take efficient and effective enforcement actions. Options: Approve the proposed rules, as recommended by the division, to be sent to public

hearing. Recommend modifications to the proposed rules and send to public hearing. (Provide

specific modifications in the motion.) Disapprove rules. (Provide reason for disapproval in the motion.)

Agenda Item

VII.C.

Enforcement Procedural Rules Proposed Rule Numbers 9-26-16 Draft 918-001-0012 Hearing Exhibits and Witness Lists At least 14 days prior to a contested case hearing for which there are no prehearing conferences, the Division and the parties shall exchange exhibits and a list of witnesses, and shall provide copies to the Office of Administrative Hearings. Failure to provide exhibits and a list of witnesses at least 14 days prior to hearing may result in the exclusion of exhibits and/or witnesses at the hearing. Stat. Auth.: ORS 183.341 Stats. Implemented: ORS 183.341 Hist.: New 918-001-0014 Written Exceptions Written exceptions and argument to proposed orders must be received by the Division within 20 calendar days after the service date of the proposed order. Written exceptions and argument shall be sent to: Building Codes Division, Enforcement and Licensing, PO Box 14470, Salem, Oregon 97309-0404. Stat. Auth.: ORS 183.341 Stats. Implemented: ORS 183.341 Hist.: New 918-001-0016 Board Issuance of Final Orders OAR 137-003-0655(7) shall not apply to contested cases brought under the authority of a licensing board. For such cases, the appropriate licensing board shall consider the proposed order at the next board meeting following the issuance of the proposed order. An amended proposed order or a final order shall be issued within 90 days after the board meeting at which the board considers the proposed order, unless the Division gives written notice to the administrative law judge and all other parties of the date by which it expects to issue an amended proposed order or a final order. Stat. Auth.: ORS 183.341 Stats. Implemented: ORS 183.341 Hist.: New OAR 918-001-0300 Address Notification Requirements and Service of Process

(1) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of current contact information, including a non-Post Office Box mailing address, phone number, and e-mail address. The mailing address must be one to which the Building Codes Division can effectively serve pleadings and other documents by registered or certified mail. Contact information included on an application for a license, certification, registration, or other authorization satisfies this notification requirement.

(2) It is the responsibility of all persons licensed, certified, registered, or otherwise authorized by the Director or an advisory board to inform the Building Codes Division in writing of any change in name, address, phone number, or email address within 20 days of any such change.

(3) Notice by registered or certified mail to the holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board at the last address on file with the Building Codes Division, pursuant to this rule, shall constitute effective service.

(4) Nothing in this rule shall alter any other change of address notification requirements.

Stat. Auth.: ORS 455.117 & 455.720 Stats. Implemented: ORS 455.117, 455.720 Hist.: New

OAR 918-001-0310 Cooperation with Investigations

(1) The holder of any license, certificate, registration, or other authorization issued by the Director or an advisory board shall cooperate with any investigation conducted pursuant to ORS Chapter 455.

(2) Failure to cooperate with an investigation pursuant to subsection (2) of this rule shall be grounds for:

(a) Denial, suspension, conditioning, or revocation of a registration, certification, license, or other authority of a person to perform work or conduct business issued under laws administered by the Department or an advisory board, as set forth in ORS 455.125 or ORS 455.129; or

(b) Disqualification from obtaining a license, registration, certificate, or certification, as set forth in ORS 455.127.

(3) As used in this rule, to cooperate with an investigation may include, but not be limited to, answering questions, making sworn statements or testifying in administrative hearings.

Stat. Auth.: ORS 455.117 & 455.720 Stats. Implemented: ORS 455.117, 455.720, 455.125, 455.127, 455.129 Hist.: New

State of Oregon Board memo Building Codes Division October 20, 2016 To: The State Plumbing Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: 2017 Oregon Plumbing Specialty Code Action requested: Provide direction to the OPSC Code Committee on applicable base code. Background: The division posted the 45-day notice for amendments to the Oregon Plumbing Specialty Code (OPSC) on August 1, 2016. The comment period ended on September 14, 2016. The division is recommending that the board provide direction to the code committee regarding the appropriate base code the code committee should use during its review. The division anticipates that the code committee process will take 2-3 months. If the board proceeds to adopt a 2017 Oregon Plumbing Specialty Code, the division will need approximately 6 months to work with the code publisher to implement any proposed code changes and receive a final printed product. Options: The board has the following options for a base code: Current plumbing code (2014 OPSC). Any other nationally recognized base model code.

Agenda Item

VII.D.

__________________________________________________________________________________

Building Codes Division Department of Consumer and Business Services State of Oregon 1535 Edgewater St. NW, Salem, OR 97304 P.O. Box 14470, Salem, OR 97309-0404

503-378-4133 Fax: 503-378-2322 oregon.gov/bcd

The Building Codes Division is providing notice of the public’s opportunity to submit code amendment proposals for adoption of the 2017 Oregon Plumbing Specialty Code (OPSC). Interested parties have 45-days to submit code proposals for board consideration.

When does the 45-day period begin?

Aug. 1, 2016. Proposed code amendments on any matter will be accepted from Aug. 1 through Sept. 14, 2016.

How do I submit a proposal?

Interested parties must submit proposals using the Code Amendment Proposal Application . The application includes a list of required criteria for each code amendment proposal. Completed proposals may be emailed to the Code Para-Technical Specialist: [email protected].

You must enter a response to every question on the application.

What should a proposal be based on?

Interested parties may submit code amendment proposals based upon any of the following:

• Current plumbing code (2014 OPSC); or • Any other nationally recognized base model code; or • Any specific proposal the applicant wants to be considered.

The boards will determine which model code is most appropriate.

What is the committee process?

A board-appointed code proposal review committee reviews each code amendment proposal and then makes recommendations to the State Plumbing Board and the Residential and Manufactured Structures Board. The board then forwards a recommendation to the Building Codes Division. Accepted code proposals will also be forwarded to rulemaking with further opportunity to provide public comment.

Code committee meetings are tentatively scheduled for November 2016. The effective date for the accepted code amendments is Oct. 1, 2017.

How do I stay updated?

All code review committee information and materials will be posted on the 2017 Oregon Plumbing Specialty Code Review Committee webpage.

Sign up to receive notifications for code adoption events.

Questions? Andy Skinner Plumbing Program Chief 503-373-7488 [email protected]

Laura Burns Code Para-Technical Specialist 503-373-0226 [email protected]

Code Amendment Process August 2016

2017 Oregon Plumbing Specialty Code 45-Day Code Amendment Proposal Process


http://www.oregon.gov/bcd/codes-stand/Pages/proposal-application.aspx

http://www.oregon.gov/bcd/codes-stand/Pages/proposal-application.aspx


http://www.oregon.gov/bcd/committees/Pages/17-plumbing-code-review.aspx

https://service.govdelivery.com/accounts/ORDCBS/subscriber/new?topic_id=ORDCBS_509



2017 Oregon Plumbing Specialty Code (OPSC) Public Code Amendment Proposal Summary

Item# Proponent / Affiliation Proposal Summary

Page 1 of 2

01 Frank Wall PMCA

Adopt the 2015 UPC

02 David Kloss Clatsop County

Amend - Section 101.5.1 Additions, Alterations, or Repairs Add language to prohibit inspectors from requiring replacement water heaters and the associated mechanical and electrical system to be in accordance with the requirements for new construction.


Amend - Section 103.3.3 Expiration Revise to align with the ORSC and OSSC.


Amend - Section 103.4.3, Expiration of Plan Review Revise to align with the ORSC and OSSC


Amend – Section 204.0, Bathroom Add a definition for bathroom that is included in the 2015 UPC.


Amend – Section 204.0, Bottle Filling Station. Add a definition for bottle filling station to address new plumbing fixture


Amend - Section 206.0 Drinking Fountain. Add a definition for Drinking Fountain, in line with the 2015 UPC.


Amend - Section 301.3.1 Revise to maintain consistency in terminology: Flood Plain Administrator.


Amend - Section 313.5 Freezing Protection. Add language from the 2015 UPC to require freeze protection in attics and crawl spaces.

09 Brad Senecaut City of Hillsboro

Adopt – Undetermined Section, possibly 315.0, Joints and Connections Permit the use of listed solvent cements that do not require the use of primer with PVC/DWV non-pressure systems manufactured in accordance with ASTM D2564 standard and installed per manufacturer installation instructions.

10 Craig Watkins-Brandt Service Plumbers of Oregon

Amend – 316.1.6 Solvent Cement Plastic Pipe Joints Add language to allow a solvent cement transition joint between ABS and PVC to be used in the drainage system using a listed transition solvent cement. And transitions shall be limited to as few joints as possible. Allows plumbers specifically service plumbers to make repairs to existing drainage systems.

11 Howard Asch OHBA

Amend – Section 411.6 Shower Compartments Revise by removing an unnecessary phrase and adding an exception to allow an existing bathtub to be replaced by a shower within the same width of the tub.


Amend to delete – Section 411.9, Location of Valves and Heads. Delete Section 411.9 due to inability to enforce.

2017 Oregon Plumbing Specialty Code (OPSC) Public Code Amendment Proposal Summary

Item# Proponent / Affiliation Proposal Summary

Page 2 of 2

13 Mike Ditty Amend – Section 416.5 Emergency Eye Wash and Shower Drains Remove the requirement for a drain.


Amend – Section 707.9 Clarify language in section 707.9 for the location of under-floor cleanout in relation to the access door, trap door, or crawl hole.

15 Rick Gage LMK Tech

Amend - Section 715.3 Amendment to include NSF SE 13004, which would approve CIPP Products that have been certified against the requirements of the specification, in Drain, Waste, Vent, Sanitary and Storm Sewer Rehabilitation.

16 Brad Senecaut City of Hillsboro

Amend – Sections 1014.4.4.3 and 1014.4.5 Gravity Grease Interceptors Design and Construction Requirements Add a subsection: Access riser extension rings shall not exceed 18".


Amend – Section 1101.1 Where Required. Remove the responsibility of deciding a satisfactory disposal location for rain water from the Building Official.


Amend to delete – Section 1101.5.3 Dry Wells; Construction, Use and Limitations. Eliminate Section 1101.5.3, because the installation of dry wells is regulated by DEQ.

19 Matt Rozzell On behalf of the Med Gas Workgroup

Adopt Chapter 13 of 2015 UPC Adopt Chapter 13 of the 2015 UPC as revised by the Med Gas Workgroup.

20 Garth Bentley City of Beaverton

Adopt – Installation Standards 26-99 and 1A-99 Restore the installation standards for the installer and design professional.

Woodsdj

Text Box

Agenda Item VII.E.

I. II. - Oregon...No journeyman plumber license Portland January 2016 $4,000* $1,500 Consent Order....

Documents

Transcript of I. II. - Oregon...No journeyman plumber license Portland January 2016 $4,000* $1,500 Consent Order....