Building Codes Division - Oregon
Kate Brown, GovernorBuilding Codes Division1535 Edgewater Street NWP.O. Box 14470Salem, OR 97309-0404503-378-4133Fax: 503-378-2322bcd.oregon.govElectrical and Elevator BoardMeeting agendaThursday, March 24, 2016, 9:30 a.m.Conference Room ABoard meetings are broadcast live via the Internet athttp://bcd.oregon.gov/Click on “View live meetings”I.II.III.Board businessA.B.C.D.E.F.Call to orderRoll callApproval of agenda and order of businessApproval of the January 28, 2016, board meeting minutesDate of the next regularly scheduled meeting: May 26, 2016Formal farewell to Board members: James Fahey, fire & casualty underwriter Sherry Sherman, electrical equipment manufacturing industryPublic commentThis time is available for individuals wanting to address the board on non-agenda items only. The Board will nottake action on non-agenda items raised under public comment at this meeting. Testimony on agenda items will beheard when the item is called. (See "Issues to remember when addressing Board" at the end of this agenda).ReportsA.B.C.D.Building Codes Division reportElectrical program updateElevator program updateSummary of enforcement actions previously taken by the division outlined on theenforcement board report (No Board action required)E. Revocation and conditioning of licenses in the matter of Bates Industries Inc. dba G & EElectric Inc. (No Board action required)F. Consideration of Allen R. Patton assessed civil penaltiesG. Consideration of Scott Koller assessed civil penaltiesIV.Communications - NoneV.Appeals - NoneVI.Unfinished businessBoard review and provide a recommendation on proposed amendments to OAR Chapter 918Division 309 Multi-Family Electrical Fees
VII. New businessA. Review and approve committee’s recommendations for new continuing education coursesand instructorsB. Electrical license request - Boise CascadeVIII. Announcements - NoneIX.AdjournmentIssues to remember when addressing the Board: All public participation is subject to the discretion of the board Chair for order of testimony, length andrelevance.Speakers are generally limited to five minutes.Please register on the attendance registration form and on the public testimony registration form, listingthe 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 theboards administrator prior to the start of the meeting and, when possible, staff respectfully requests anelectronic 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 theuse of video, DVD, PowerPoint, or overhead projection equipment are asked to contact boards coordinator 24 hours prior to the meeting. Forassistance, 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.
DRAFTState of OregonAgendaItemI.D.Electrical and Elevator BoardMeeting minutesJanuary 28, 2016Members present:Members absent:Staff present:Guests present:Michael Weaver, electrical contractor, ChairHeather Miller, journeyman electrician, Vice-chairJames Fahey, commercial underwriterThomas Faires, elevator manufacturingTimothy Frew, journeyman electricianJoseph Pugh, public memberRandy Smith, electrical inspectorJames Totten, electrical contractorScott Hall, electrical equipment supplierRobert Pyne, journeyman elevator installerSherry Sherman, electrical equipment manufacturing repSteven Trapp, electrical contractorVacant, building officialVacant, industrial plant employing electriciansVacant, power and light industryChris Huntington, deputy administrator, Building Codes DivisionAndrea Simmons, manager, Enforcement and TrainingKeith Anderson, electrical program chief, Policy and TechnicalServicesShawn Haggin, electrical program assistant chief, Policy andTechnical ServicesRoseanne Nelson, assistant manager, State Inspection ServicesWarren Hartung, elevator program chief, State Inspection ServicesAdam Blechman, contested case representative, Enforcement andTrainingDan Wittekind, investigator, Enforcement and TrainingBill Huston, investigator, Enforcement and TrainingRichard Baumann, policy analyst, Policy and Technical ServicesDebi Barnes-Woods, boards administrator, Policy and TechnicalServicesNathan Philips, NECAKurt Hauth, selfJack Applegate, The Building Department LLCI. Board businessA. Call to orderChairman Michael Weaver called the Electrical and Elevator Board meeting ofJanuary 28, 2016, to order at 9:43 a.m. The meeting was held at the BuildingCodes Division in Conference Room A, 1535 Edgewater Street NW, Salem,Oregon.B. Roll callScott Hall, Robert Pyne, Sherry Sherman, and Steven Trapp were all absentexcused.Page 1 of 5The Electrical and Elevator Board has the following three vacancies: Buildingofficial, power and light industry, and industrial plant representative.
C. Approval of the agenda and order of businessChair Weaver RULED the agenda and order of business approved.D. Approval of the board meeting minutes of November 19, 2015Chair Weaver RULED the board meeting minutes of November 19, 2015,approved as written.E. Date of the next regularly scheduled meeting: March 24, 2016II.Public comment - NoneIII.ReportsA. Division updateItems A. and B. were discussed together by Keith Anderson, electrical programchief, Policy and Technical Services.B. Electrical program updateItems of discussion: The Division will begin the code review process for the 2017 OregonElectrical Specialty Code accepting code submittals July 2016. Then thecode committee is proposing to begin its review of submittals October2016 with an anticipated adoption date of October 1, 2017. OAR 918-271-0040 mandatory inspection practices for electricaldisconnection. The rule clarifies when the Division may disconnect orcause the disconnection of an electrical product or installation without ahearing. The rule also clarifies the process for requesting a hearing aftersuch a disconnection was made.C. Elevator program updateWarren Hartung, elevator program chief, State Inspection Services, reviewed theelevator inspection chart for overdue inspections and discussed the minoraccidents related to elevators.Before the enforcement cases were discussed, two new investigators wereintroduced: Dan Wittekind and Bill HustonD. Consideration of final order in the matter of Lyubomir B. Brunets; Case No.C2015-00144Adam Blechman, contested case representative, Enforcement and Training,explained that Mr. Brunets failed to make any payments towards a default order.The order occurred January 2015 when Mr. Brunets used his limited residentialelectrician license to preform work requiring a general journeyman or asupervising electrician license. A hearing was requested and the ALJ issued aproposed order agreeing with the Division asking that the limited residentialelectrician license be suspended for one year pursuant to ORS 455.129(2)(b).Motion by Vice-chair Miller to adopt the proposed order issuing a final orderwith no changes in the matter of Lyubomir B. Brunets.Motion carried unanimously.Page 2 of 5
E. Consideration of settlement agreement in the matter of Kurt P. Hauth; CaseNo. C2015-0036Mr. Hauth is a second time violator. He signed a consent order for previouspenalties. Mr. Hauth’s present case involved several violations occurring withinthe suspended five-year period. Mr. Hauth did work for a contractor at thebeginning of the job, but his employment ended during the project. Mr. Hauthcontinued to work on the project. Mr. Hauth did not have a contractor license, anddid not purchase permits for the current violations. He also hired anotherindividual with an expired license who preformed at least 18 hours of work. Mr.Hauth did not have a supervising electrician license. The total assessed civilpenalties are 13,000. Mr. Hauth was present at the Board meeting and saidbecause of several financial and family health issues he was asking the Board toconsider reducing the amount of civil penalties to 6,000.Motion by Tim Frew to deny the settlement request from Kurt P. Hauth CaseNo. 2015-0036 because he is a second time violator.Motion carried unanimously.F. Summary of enforcement actions previously taken by the division outlinedon the enforcement board report (No board action required)Cases included in this report were informational.IV.Communications - NoneV.Appeals - NoneVI.Unfinished businessBoard review and recommend to the Administrator the request from City ofTurner for Electrical Program Assumption from Marion CountyTyler Larson, policy analyst, Policy and Technical Services, reminded the Boardof specific dates related to program assumption from Marion County: City of Turner submitted, to the Division, a notice of delegationSeptember 30, 2015The application was submitted to the Board for comments andrecommendations November 19, 2015At the November Board meeting, members suggested a list of items thatwere not included in the application being reviewed that are a requirementof Division 20 and in Division 308 of the Oregon Administrative RulesAdditional permit revenue data was received from Marion County, andthen the City of Turner provided a response to that data. On January 27,2016, the Division received an updated operating plan that specified turnaround time for electrical inspectionsJanuary 28, 2016, all additional information was submitted to the Boardfor its review and recommendationsJack Applegate, The Building Department LLC, was available for Boardquestions.Chair Weaver noted that receiving an updated operating plan the day before theBoard meeting does not give members adequate time for review. He added thatPage 3 of 5
the Board had provided feedback at the November 19, 2015, meeting, and that heexpected the City to update its plan accordingly.Chair Weaver said he was concerned with the different revenue permit fee amountsubmitted by both Marion County and City of Turner.Mr. Applegate said the City of Turner was unable to verify the fee informationprovided by the County.Motion by Timothy Frew to recommend the Division approve the City ofTurner’s application for delegation of a electrical program because the City’sapplication meets the minimum standards adopted by the Electrical and ElevatorBoard by rule for inspections, permit applications and other matter to ensureadequate administration and enforcement.Chair Weaver asked if this motion included what is still needed from City ofTurner to complete the application.Joseph Pugh said he was unclear if the City of Turner submitted enoughinformation to tell if the application meets the requirements in the OregonAdministrative Rules.Chris Huntington, deputy administrator, Building Codes Division, outlined themotions available based on the Board’s conversation of an incompleteapplication. Recommend to approve the assumption based on the City of Turnerincluding all information that was requested by the Board at its November19, 2015, meeting in the final operating planRecommend this Item be deferred to the next Board meetingTimothy Frew withdrew his original motion that recommended approval.Motion by Timothy Frew to defer this Item to the next scheduled Board meetingwhen all information requested is included in the final operating plan.Jack Applegate asked the Board for a list of the additional information needed.Roll call vote taken:Yea – Totten and FrewNay – Smith, Pugh, Faires, Fahey, VC Miller, and Chair WeaverMotion failed.Motion by Vice-chair Miller to recommend to the Administrator to approve Cityof Turner’s application for delegation of electrical program so long as theDivision is fully satisfied that the operating plan and the application meet all ofthe required statutes and the Board’s concerns.Page 4 of 5
Chair Weaver added the Board’s concerns, which VC Miller agreed to add to themotion: List specific times for inspector availabilityList all statute referencesList the level of service offeredClarify permit revenue data for liability of the program to include theimpact of the countyInclude how to submit a request for an inspectionMotion carried unanimously.VII. New businessA. Review and approve committee’s recommendation on new continuingeducation courses and instructorsRichard Baumann, policy analyst, Policy and Technical Services, said thecontinuing education committee continues to meet to review new instructorapplications and course applications to ensure that both meet the guidelines forapproval.Motion by Vice-chair Miller to approve committee’s recommendations forapproval or denial of courses or instructors.Motion carried unanimouslyB. Board review request received from Costel Popovici to approve hissupervisor license application by finding that his work and trainingexperience meets equivalency requirementsChair Weaver said he reviewed all the information submitted by Mr. Popovici anddid not find any information related to electrical installations preformed.Motion by Vice-chair Miller to disapprove Mr. Popovici’s request because hedoes not demonstrate that he meets the requirement of ORS 479.630(2).Motion carried unanimouslyIX.X.Announcements – NoneAdjournmentChair Weaver adjourned the meeting at 11:30 a.m.Respectfully submitted by Debi Barnes-Woods, boards administrator/coordinatorPage 5 of 5
AgendaItemIII.D.Electrical and Elevator Board Enforcement Report for March 24, 2016Summary Report - Cases Previously Resolved by DivisionCase #NameViolationLocation ofViolationDate ofViolationPenaltyAssessedPenaltyto PayOther CommentsInstallation of electrical panel andmain breakers; new heating units andthermostats; light fixtures; transferswitch, receptacles, etc. electrical permit Did not continuously employ asigning supervisor No signing supervisor license Aided and abetted another to violatelicensing laws Povided false information to obtainpermitInstallation of wall-mountedreceptacles for light box switches. No journeyman electrical licenseVarious OregonlocationsJanuary 2015toAugust 2015 33,000 33,000Default OrderComplaint submitted by City ofAlbany electrical inspectorHermistonMarch 2015 2,000 2,000Default OrderComplaint submitted by City ofHermiston electrical inspectorC2015-0185RussBates Industries, Inc.dba G & E Electric Inc.C2015-0135Icenogle, Nathaneal M.C2015-0221RussScaroni, Nathaniel JesseAdvertised on craigslist as a businessto perform electrical work. No electrical contractors licenseEugene AreaOctober 2015 6,000* 500Consent Order.Complaint submitted by BCDEnforcement.C2015-0140RussHollingsworth, Do JaeRoseburgJanuary 2015 8,000* 2,000Consent Order.Complaint submitted by publicC2015-0223RussSampson, Jeremy LynnInstallation of overhead lightingfixtures and fan. Installation ofelectrical wiring and receptacles.Installation of 220 volt receptacle fordryer. No electrical contractors license Allowed unlicensed individual tomake electrical installations No electrical permitInstallation of electric baseboardheaters. No journeyman electrical licenseWillaminaSeptember 2015 2,000 750Consent Order.Related to C2015-0225Complaint submitted by CCBinvestigator* Total penalties assessed for violations in more than one programPage 1 of 3
Electrical and Elevator Board Enforcement Report for March 24, 2016Summary Report - Cases Previously Resolved by DivisionCase #NameC2015-0225Wild Haven HandymanServices, LLCC2015-0245SkipLEA Electric, LLCC2015-0244SkipCorn, Richard S.ViolationLocation ofViolationDate ofViolationPenaltyAssessedPenaltyto PayInstallation of electric baseboardheaters and ceiling fan. Allowing unlicensed individuals toperform electrical installations electrical contractors license No electrical permitInstallation of electrical cable wiringfor a new alarm system. Allowing unlicensed individual toperform electrical installationsWillaminaSeptember 2015 6,000 1,750OntarioDecember 2015 2,000 750Consent Order.Related to C2015-0244 andC2015-0249Citation issued by BCDEnforcement.Installation of electrical cable wiringfor a new alarm system. No journeyman electrical licenseOntarioDecember 2015 2,000 750Consent Order.Related to C2015-0245 andC2015-0249Citation issued by BCDEnforcement.* Total penalties assessed for violations in more than one programPage 2 of 3Other CommentsConsent Order.Related to C2015-0223Complaint submitted by CCBinvestigator
Electrical and Elevator Board Enforcement Report for March 24, 2016Summary Report - Cases Previously Resolved by DivisionCase #NameC2015-0249SkipKeating, Brandon A.C2015-0164RussC2015-0165RussViolationLocation ofViolationDate ofViolationPenaltyAssessedPenaltyto PayInstallation of electrical cable wiringfor a new alarm system. Allowing unlicensed individual toperform electrical installationsOntarioDecember 2015 3,000 750Consent Order.Related to C2015-0244 andC2015-0245Citation issued by BCDEnforcement.Quadrant Security, Inc.dba Quadrant SystemsInstallation of a security electricalpanel and an electrical keypad. Allowing unlicensed individual toperform electrical installationsPortlandJuly 2015 2,000 750Consent Order.Related to C2015-0165 andC2015-0166Complaint submitted by BCDLicensing staff.Cesario, Paul T.Installation of a security electricalpanel and an electrical keypad. No journeyman electrical licensePortlandJuly 2015 2,000 500Consent Order.Related to C2015-0164 andC2015-0166Complaint submitted by BCDLicensing staff.* Total penalties assessed for violations in more than one programPage 3 of 3Other Comments
Electrical and Elevator Board Enforcement Report for March 24, 2016AgendaItemIII.E.License Suspensions, Revocations and Conditioned (Director Action)Case #C2015-0185RussNameBates Industries, Inc.dba G & E Electric Inc.Suspension/Revocation InformationOther CommentsRevocation of electrical contractors license and Default Orderconditioning of limited maintenance specialtyComplaint submitted by City of Albany electricalcontractors license. Conditions of LMS areinspectorrespondent is required to meet with BCD staffand demonstrate understanding of all applicablestatutes and rules within 6 months of the entryof final order.Page 1 of 1
AgendaItemIII.F.State of OregonBoard memoBuilding Codes DivisionMarch 24, 2016To:Electrical and Elevator BoardFrom:Andrea Simmons, Enforcement and Training Manager, Enforcement ServicesSubject: Forgiveness of Penalties Assessed on Allen R. PattonAction requested:Consideration of settlement for Allen R. Patton’s outstanding penalties.Background (Enforcement History):Doris Olivan, DCBS Central Services Collections Manager, provided the attached lettercontaining Mr. Patton’s request for a reduced penalty. Mr. Patton is asking the Board to reducethe 6,000 and associated interest assessed by the Electrical and Elevator Board in this case belowered to 1,500. (The remaining amount will be presented to the Plumbing Board at its April21, 2016, meeting.)Mr. Patton entered into a consent order in 2013, which assessed a total of 12,000 in civilpenalties. 6,000 of civil penalties was assessed by the Electrical and Elevator Board forperforming electrical work without an electrical contractor’s license, working without beingunder the supervision, direction and control of a general supervising electrician, and failing toobtain a permit. An additional 6,000 of civil penalties was assessed by the Plumbing Boardbecause Mr. Patton also violated that Board’s rules. (BCD Case No. 2013-0006). Mr. Pattonagreed to pay 3,000 of the civil penalties ( 1,500 for his electrical violations and 1,500 for hisplumbing violations) and to pay for licensed contractors to pull permits and make any correctionsrequired. Mr. Patton failed to meet the terms of
Building Codes Division 1535 Edgewater Street NW P.O. Box 14470 Salem, OR 97309-0404 503-378-4133 Fax: 503-378-
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