ORS Chapter 447
title=36page=1
Chapter447
2009EDITION
Plumbing;Architectural Barriers
PLUMBING;ARCHITECTURAL BARRIERS
PUBLICHEALTH AND SAFETY
PLUMBINGREGULATION
(Generally)
447.010 Definitionsfor ORS 447.010 to 447.156 and 447.992
447.020 Plumbingto conform to state building code; rules; enforcement
447.023 Smallrestaurant requirements
447.026 Identificationon potable water pipe required
447.040 Plumbingcontractor license
447.060 Engagingin certain plumbing work not affected
447.065 Solarheating and cooling systems
447.070 Plumbingcontractor license prerequisite to maintenance of legal action
447.072 Plumbingpermit and inspection exemptions; rules
447.076 Inspectionof minor plumbing installations; rules
447.080 Cityand county plumbing regulations
447.091 Contractswith sanitary districts and authorities and service districts for inspection ofbuilding sewers
447.095 Feeschedule; inspection agreements with governmental units
447.097 Dispositionof moneys received under ORS 447.010 to 447.156 and 447.992
(FixtureInstallation Regulations)
447.100 Restrictionon tank-type water closets in certain buildings
447.115 <<Composttoilet>> defined
447.118 Standardsfor compost toilets; rules; security required of certain installers
447.124 Inspectionof compost toilets; orders to remedy violations; action against security bond;review of orders; costs as lien against dwelling
447.140 Wastewater and sewage from plumbing fixtures; requirements; prohibitions
447.145 Standardsfor fixtures; exemptions; rules
(PlumbingProducts Regulations)
447.152 Plumbingproducts rules; standards; certification
447.154 Plumbingproduct exemption; rules; installation
447.156 Saleof uncertified plumbing products prohibited; rules; remedy of purchaser
STANDARDSAND SPECIFICATIONS
FORACCESS BY PERSONS
WITHDISABILITIES
447.210 Definitionsfor ORS 447.210 to 447.280
447.220 Purpose
447.230 Standardsand specifications to eliminate architectural barriers
447.231 Rulesto eliminate architectural barriers
447.233 Accessibleparking space requirements; inspection of spaces; violation
447.241 Standardsfor renovating, altering or modifying certain buildings; barrier removalimprovement plan
447.247 Elevatorsrequired; criteria; rules
447.250 Waiveror modification of standards and specifications; appeals board; procedures;fees
447.255 Accessto lottery-funded facilities by persons with disabilities
447.260 Rules
447.270 Cooperationwith public officials and agencies required
447.275 Nonliabilityfor emergency exit deficiencies
447.280 Enforcementpowers
447.310 Standardsfor curbing
PENALTIES
447.992 Civilpenalties
PLUMBINGREGULATION
(Generally)
447.010Definitions for ORS 447.010 to 447.156 and 447.992.:RF10. As used in ORS447.010 to 447.156 and 447.992, unless the context requires otherwise:
(1)<<Board>> means the State Plumbing Board established under ORS693.115.
(2)<<Department>> means the Department of Consumer and BusinessServices.
(3)<<Director>> means the Director of the Department of Consumer andBusiness Services.
(4)<<Journeyman plumber>> has the meaning given that term in ORS693.010.
(5)<<Ordinary minor repairs>> means the repair, replacement ormaintenance of existing plumbing fixtures, appliances, appurtenances andrelated water supply and drain attachments for the purpose of restoring aplumbing installation to a safe and sanitary operating condition.
(6)<<Plumbing>> is the art of installing, altering or repairing in oradjacent to or serving buildings:
(a)Pipes, fixtures and other apparatus for bringing in the water supply andremoving liquid and water-carried waste, including the water supplydistributing pipes.
(b)Fixtures and fixture traps.
(c)Soil, waste and vent pipes.
(d)House drain and house sewer to the sewer service lateral at the curb, or in thestreet, or alley, or other disposal terminal holding human or domestic sewage.
(e)Storm water drainage, with their devices, appurtenances and connections.
(f)Pipes, fixtures and other apparatus for medical gas, anesthetic waste gas andvacuum systems.
(g)Solar heating and cooling systems.
[Subsection(3) enacted as 1955 c.548 :S.2; 1957 c.300 :S.1; 1961 c.401 :S.1; 1973 c.734:S.1; 1973 c.835 :S.221; 1981 c.438 :S.28; 1987 c.414 :S.26; 1993 c.520 :S.1;1993 c.744 :S.65; 1999 c.723 :S.1; 2001 c.683 :S.25]
447.020Plumbing to conform to state building code; rules; enforcement.:RF10. (1) Allinstallations of plumbing and drainage in buildings and structures in thisstate and all potable water supply, drainage, and waste installations, withinor serving buildings or structures, except in temporary construction camps, andexcept as otherwise provided in ORS 447.010 to 447.156 and 447.992, shall bemade in accordance with the requirements of ORS 447.010 to 447.156 and 447.992and ORS chapter 455.
(2)The Director of the Department of Consumer and Business Services with theapproval of the State Plumbing Board shall make rules pursuant to ORS chapter183 for the purpose of setting standards for plumbing and defining compliancewith the provisions of ORS 447.010 to 447.156 and 447.992 particularlypertaining to installation of piping, protection and adequacy of the watersupply, workmanship and materials, traps and cleanouts, domestic hot waterstorage tanks and devices, drinking fountains, solar heating and coolingsystems, approval of devices, equipment and fixtures, hangers and supports,drainage and venting, house drains and house sewers, storm water drains,special wastes, light and ventilation of water closets and bathrooms, andexcavation and grading.
(3)The director shall appoint an adequate staff experienced and trained to serveas plumbing inspectors to enforce rules adopted under this section.
[Amendedby 1957 c.300 :S.2; 1971 c.753 :S.48; 1973 c.734 :S.2; 1973 c.835 :S.222; 1981c.438 :S.29; 1993 c.744 :S.66; 2001 c.683 :S.26]
447.023Small restaurant requirements.:RF10. Rules adopted under ORS 447.020 shallallow restaurants with an occupancy capacity of no more than 15 persons,including employees and patrons, to have only one toilet fixture and adjacentlavatory on the premises.
[1979c.390 :S.4; 1981 c.438 :S.30]
447.026Identification on potable water pipe required.:RF10. (1) All water pipe used tocarry potable water sold in this state shall be clearly marked the entirelength of pipe, at intervals of length set by the Director of the Department ofConsumer and Business Services with the approval of the State Plumbing Board,with:
(a)Identification of the manufacturer and the plant of origin; and
(b)The manufacturing standard under which the pipe was made.
(2)A label, shield or coding system may be used to identify the manufacturer,origin and manufacturing standard under which the pipe was made if themanufacturer has on file with the Department of Consumer and Business Servicesa notice describing the identification system used.
[1979c.535 :S.3; 1981 c.438 :S.31; 1991 c.19 :S.1; 1993 c.744 :S.67]
:PARB8.447.030:RF8.[Amended by 1969 c.540 :S.1; 1973 c.734 :S.3; 1973 c.835 :S.223; 1975 c.429:S.3; 1981 c.438 :S.32; repealed by 2005 c.758 :S.56]
447.033:RF8.[1955 c.548 :S2.3,4; 1969 c.540 :S.2; repealed by 1973 c.835 :S.234]
447.034:RF8.[1973 c.427 :S.2; repealed by 1981 c.438 :S.46]
447.035:RF8.[1955 c.548 :S.5; repealed by 1973 c.835 :S.234]
447.040Plumbing contractor license.:RF10. (1) A person may not work as a plumbingcontractor, or advertise or purport to be a plumbing contractor, and a memberor employee of a firm, partnership or corporation may not engage in the layoutor superintending of plumbing installations, without having obtained theplumbing contractor license required under ORS 447.010 to 447.156 as providedby State Plumbing Board rules adopted under ORS 455.117.
(2)A plumbing contractor license does not authorize the contractor to work as ajourneyman plumber.
[Amendedby 1955 c.548 :S.6; 1973 c.835 :S.224; 2005 c.758 :S.11]
447.050:RF8.[Amended by 1973 c.835 :S.225; 1981 c.438 :S.33; repealed by 2005 c.758 :S.56]
447.060Engaging in certain plumbing work not affected.:RF10. (1) ORS 447.010 to447.156 do not apply to a person:
(a)Engaging in plumbing work when not so engaged for hire.
(b)Using the services of regular employees in performing plumbing work for thebenefit of property owned, leased or operated by the person. For purposes ofthis paragraph, <<regular employee>> means a person who is subjectto the provisions of ORS 316.162 to 316.221 and who has completed a withholdingexemptions certificate required by ORS 316.162 to 316.221.
(c)Using the services of an employee or contractor of a utility company, energyservice provider or water supplier to install an approved low-flow showerheador faucet aerator in existing plumbing fixtures. The devices installed underthis paragraph are exempt from the certification, permit and inspectionrequirements of ORS 447.010 to 447.156 and ORS chapter 693.
(2)A landscape contracting business licensed under ORS 671.560 is not required tobe licensed under ORS 447.010 to 447.156 to install, repair or maintainbackflow assemblies for irrigation systems and ornamental water features if thework is performed by an individual who is licensed as required by ORS 671.615and is an owner or employee of the landscape contracting business. The repairand maintenance of the backflow assembly must be performed by a testercertified under ORS 448.279. The licensing exemption established under thissubsection does not exempt the landscape contracting business from theinspection and permit requirements of ORS 447.010 to 447.156.
(3)This section applies to any person, including but not limited to, individuals,corporations, associations, firms, partnerships, joint stock companies, publicand municipal corporations, political subdivisions, this state, the federalgovernment and state or federal agencies.
[Amendedby 1955 c.548 :S.7; 1973 c.835 :S.226; 1981 c.438 :S.34; 1987 c.561 :S.3; 1987c.604 :S.15; 1993 c.293 :S.2; 2001 c.181 :S.1; 2003 c.14 :S.267; 2005 c.609:S.8; 2005 c.758 :S.12a; 2007 c.541 :S.3]
447.065Solar heating and cooling systems.:RF10. (1) Notwithstanding ORS 447.020, aperson may not engage in the trade of installing solar heating and coolingsystems unless the person possesses either a license as a journeyman plumberissued under ORS chapter 693 or a solar heating and cooling system installerlicense issued by the State Plumbing Board under ORS 693.111.
(2)A license issued under ORS 693.111 does not authorize a person to connect asolar heating and cooling system to a potable water source. The connection of asolar heating and cooling system to a potable water source must be made only bya journeyman plumber licensed under ORS chapter 693.
[2001c.683 :S.22; 2005 c.758 :S.13]
Note::RF8.447.065 was enacted into law by the Legislative Assembly but was not added toor made a part of ORS chapter 447 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
447.070Plumbing contractor license prerequisite to maintenance of legal action.:RF10.A person carrying on, conducting or transacting a plumbing business may notmaintain any suit or action in any of the courts of this state to recover forthe performance of plumbing work without alleging and proving that the personwas duly licensed as a plumbing contractor at the time of the work.
[Amendedby 1955 c.548 :S.8; 1973 c.835 :S.227; 2005 c.758 :S.14]
447.072Plumbing permit and inspection exemptions; rules.:RF10. Notwithstanding ORS455.610, the Department of Consumer and Business Services, with the approval ofthe State Plumbing Board, shall adopt rules to create an exemption from permitand inspection requirements for ordinary minor repairs in low-rise residentialdwellings and commercial structures when the board finds that the plumbing doesnot involve any changes or alterations of the existing plumbing system. Theexemption from the permit:
(1)May not include new construction or replacement of water heaters or undergroundplumbing; and
(2)Shall be available only to licensed plumbing contractors or persons describedunder ORS 693.020.
[1993c.520 :S.3; 1995 c.228 :S.1; 2003 c.14 :S.268; 2003 c.675 :S.8; 2005 c.758:S.15]
447.076Inspection of minor plumbing installations; rules.:RF10. Notwithstanding ORS455.610, the Department of Consumer and Business Services, with the approval ofthe State Plumbing Board, shall adopt rules to create a mandatory inspectionprogram for minor plumbing installations made by licensed plumbing contractorsin low-rise residential dwellings. The rules adopted by the department shall:
(1)Define the term <<minor plumbing installations>> in a manner thatdoes not include new construction;
(2)Designate which minor plumbing installations are under the inspection program;and
(3)Provide for random inspection of minor plumbing installations.
[1993c.520 :S.4; 1995 c.553 :S.2b; 2003 c.675 :S.9; 2005 c.758 :S.16]
447.080City and county plumbing regulations.:RF10. No city or county shall enact orenforce any ordinances or building codes providing different requirements thanthose imposed by the state building code for the regulation of the business ofmaster plumbing or the installation of drainage work unless authorized by theDirector of the Department of Consumer and Business Services under ORS 455.040.
[Amendedby 1955 c.548 :S.9; 1963 c.47 :S.1; 1973 c.834 :S.31; 1973 c.835 :S.228; 1985c.590 :S.1]
447.085:RF8.[1973 c.734 :S.7; 1977 c.748 :S.1; repealed by 1981 c.438 :S.46]
447.090:RF8.[Repealed by 1971 c.753 :S.74]
447.091Contracts with sanitary districts and authorities and service districts forinspection of building sewers.:RF10. The Department of Consumer and BusinessServices or local government administering the plumbing specialty code adoptedunder ORS 447.020 (2) may, upon request of any sanitary district formedpursuant to ORS 450.005 to 450.245, sanitary authority established under ORS450.600 to 450.989, or county service district established under ORS 451.410 to451.610, contract for the inspection of building sewers constructed to connecta district sewage system if inspectors employed by such district are certifiedfor sewer inspections under ORS 455.715 to 455.740.
[1977c.828 :S.4]
447.095Fee schedule; inspection agreements with governmental units.:RF10. (1) Rulesadopted under ORS 447.020 shall provide a plumbing inspection fee schedule. Theschedule shall establish inspection fees for inspections made by the Departmentof Consumer and Business Services under ORS 447.010 to 447.156, 447.992 and455.610 to 455.630 based on the cost of making inspections as measured by thetime required of the inspector.
(2)Plumbing inspections may be made for other governmental units, upon request,pursuant to agreements entered into under ORS 190.003 to 190.620.
[1973c.734 :S.8; 1981 c.438 :S.35; 1993 c.397 :S.1]
447.097Disposition of moneys received under ORS 447.010 to 447.156 and 447.992.:RF10.All moneys received by the Department of Consumer and Business Services underORS 447.010 to 447.156 and 447.992 shall be disposed of in accordance with ORS693.165.
[1981c.438 :S.42]
(FixtureInstallation Regulations)
447.100Restriction on tank-type water closets in certain buildings.:RF10. (1) No newhotel, motel, apartment house, dwelling, office building or other structureshall be constructed which employs a tank-type water closet that is notapproved by the Director of the Department of Consumer and Business Services,with the approval of the State Plumbing Board, as meeting adequate standards ofsafety and sanitation.
(2)The director, with the approval of the board, shall cause to have adopted andpublished, pursuant to ORS chapter 183, a list of approved types of tank-typewater closets meeting the requirements of this section.
[1977c.171 :S.2; 1981 c.438 :S.36; 1985 c.590 :S.2; 1993 c.744 :S.70]
447.105:RF8.[1977 c.171 :S.3; 1981 c.438 :S.37; repealed by 1987 c.453 :S.1]
447.110:RF8.[Amended by 1963 c.194 :S.1; 1969 c.443 :S.1; 1973 c.835 :S.229; repealed by1973 c.834 :S.46]
447.115<<Compost toilet>> defined.:RF10. As used in ORS 447.118 and447.124, <<compost toilet>> means a permanent, sealed,water-impervious toilet receptacle screened from insects, used to receive andstore only human wastes, urine and feces, toilet paper and biodegradablegarbage, and ventilated to utilize aerobic composting for waste treatment.
[1977c.523 :S.2]
447.118Standards for compost toilets; rules; security required of certaininstallers.:RF10. (1) Nothing in ORS 447.010 to 447.156 and 447.992 shallprohibit the installation of a compost toilet for a dwelling by the occupant ofthe dwelling if the compost toilet complies with the minimum requirementsestablished under this section.