i. ii. - oregon codes division 1535 edgewater street nw ... bcd case no. c2016-0019 ... appropriate...

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 19, 2017, 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 17, 2017, draft board meeting minutes

E. Date of the next regularly scheduled meeting: December 14, 2017

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

enforcement board report (No board action required)

C. Conditioned licenses, enforcement actions previously taken by the division outlined in the

enforcement board report (No board action required)

IV. Communications - None

V. Appeals - None

VI. Unfinished business - None

VII. New business

A. Board review and provide a recommendation to the Administrator for an amendment to

Section 1007 of the 2017 Oregon Plumbing Specialty Code (OPSC) and the adoption of

ASSE 1072-2007 regarding barrier type floor drain trap seal protection devices

B. Board review and approve committee recommendations on new continuing education

course and instructor applications

http://www.oregon.gov/bcd

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]

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 17, 2017

Members present: Travis Argue - Journeyman plumber, Chair Matthew Rozzell - Building official, Vice-chair Craig Anderson - Registered plumbing contractor Melissa Gitt – Plumbing inspector Molly Keller – Employee of the Oregon Health Authority Members absent: Vacant - Mechanical engineer Vacant - Member of the general public Staff present: Brett Salmon, manager, Policy and Technical Services

Andy Skinner, plumbing program chief, Policy and Technical Services Alana Cox, senior policy advisor, Policy and Technical Services Shannon Flowers, contested case representative, Enforcement Services TJ Mabinvon, enforcement investigator, Enforcement Services Tracey Weidner, enforcement investigator, Enforcement Services Richard Baumann, policy analyst, Policy and Technical Services Debi Barnes-Woods, boards administrator, Policy and Technical Services

Guests present: Shawn Eatan, NWCP Vince Chavez, Western States Alliance Clean-water Services Ken Loucks, Schier Products Rick Charriere, ORPHCC

I. Board business A. Call to order

Chairman Travis Argue called the State Plumbing Board meeting of August 17,

2017, to order at 9:30 a.m. The meeting was held at the Building Codes Division

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

B. Roll call All members present in Conference Room A. This board has two vacant positions: Member of the general public, and a

registered mechanical engineer.

C. Approval of agenda and order of business Chair Argue ruled the agenda and order of business approved. D. Approval of the April 20, 2017, draft board meeting minutes Chair Argue ruled the draft minutes of April 20, 2017, final. E. Date of the next regularly scheduled meeting: October 19, 2017.

State of Oregon

Agenda

Item

I.D.

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II. Public comment - None

III. Reports A. Program update

Andy Skinner, plumbing program chief, Policy and Technical Services, said that

the 2017 Oregon Plumbing Specialty Code (OPSC) is still on track for an

adoption date of October 1, 2017. Chief Skinner said that the Building Codes

Division will begin offering required code change training classes to inspectors in

October related to the adoption of the 2017 OPSC.

B. Board review and provide a recommendation for Charles M. Machinsky dba

Magnum Plumbing, BCD Case No. C2016-0019

Shannon Flowers, contested case representative, Enforcement Services, said that

the division issued a Notice of Proposed Revocation of Plumbing Contractor

License to Charles M. Machinsky dba Magnum Plumbing (Respondent) who was

found preforming plumbing work without being licensed or possessing the

appropriate endorsement with the Construction Contractors Board (CCB) in

August 2015. A hearing was requested. Administrative Law Judge Monica A.

Whitaker issued a Ruling on Motion for Summary Determination affirming the

Notice of Proposed Revocation of Plumbing Contractor License for Charles M.

Machinsky dba Magnum Plumbing.

Motion by Matthew Rozzell, vice-chair, to adopt the Proposed Order and issue a

Final Order in the matter of Charles M. Machinsky dba Magnum Plumbing.

Motion carried unanimously.

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

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

Informational item. No board discussion.

D. Conditioned licenses, enforcement actions previously taken by the division

outlined in the enforcement board report (No board action required)

Informational item. No board discussion.

IV. Communication - None V. Appeals - None VI. Unfinished business Board review and provide a recommendation to the Administrator for a

proposed amendment to OPSC 17-17 regarding grease interceptors Andy Skinner, plumbing program chief, Policy and Technical Services, updated

the board regarding grease interceptors. Melissa Gitt said she was the chair of the workgroup formed to discuss the issue

before bringing it back to the board. The workgroup included members attending from a plumbing business, a mechanical engineer, and the sewer industry. The group worked together to develop what was now part of the board packet.

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Ken Loucks, Schier, said that Schier was mostly in agreement with the ability to access and maintain a grease interceptor (no matter its location) that is critical to the performance of these products. But he said that the timelines are unrealistic and asked that the board consider moving the effective date to April 1, 2018, to give the manufacturers time to comply with the possibility of new amendments.

Vince Chavez, Western States Alliance Clean-water Services, said that the intent

of the code-change is not being followed. He said the hydro-mechanic is not being addressed for regular maintenance. The owners are not being notified on how to properly perform maintenance.

Melissa Gitt said the workgroup addressed the maintenance issue and discovered

that the owners have not been using the proper tools to perform the work. Chair Argue added that it is not the State Plumbing Board’s responsibility to

implement a maintenance schedule, but it is the board’s responsibility to oversee that the work is performed by properly licensed individuals and meets minimum safety standards.

Rick Charriere, MP Plumbing, member of the workgroup representing Oregon

PHCC, said PHCC is in agreement with what is being proposed, but he said the language only addresses the hydromechanical and gravity grease interceptors in new buildings.

Motion by Melissa Gitt to amend 1014.2 and 1014.3.4.3 by deleting the

language “new buildings.” Motion carried unanimously. Motion by Travis Argue, chair, to implement an April 1, 2018, effective date. Motion carried unanimously. VII. New business

Board review and approve committee recommendations on new continuing education course and instructor applications

Motion by Craig Anderson to approve the committee’s recommendations for

approval or denial of courses or instructors applications. Motion carried unanimously.

VIII. Announcements - None

IX. Adjournment The meeting was adjourned at 10:20 a.m.

Respectfully submitted by Debi Barnes-Woods, boards administrator/coordinator.

State Plumbing Board Enforcement Report October 19, 2017

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

C2017-0228

Andrea

Madrigal, Tobias

dba Handyman and

Construction Service

Advertising on www.craigslist.org to

perform plumbing work.

No plumbing contractor license

Roseburg April 2017 $6,000* $500 Consent Order

Complaint submitted by BCD

employee

C2017-0086

Andrea

EB Construction, Inc. Advertising on www.craigslist.org to



Portland March 2017 $6,000* $500 Consent Order


employee

C2017-0218

Anthony

Merrell, Mark II

dba Happy Valley Plumbing &

Repair, Inc.

Failure to pay civil penalties for case

C2016-0169.

Roseburg May 2015 $10,500**original penalty

amount was

$13,000

$10,500 Default Order


employee

C2017-0196 Young, Vincent Advertising on www.craigslist.org to



Portland May 2017 $6,000* $6,000 Default Order


employee

C2017-0229

TJ

Go Plumbing and Heating LLC Installation of under-floor rough-in

plumbing work, including gluing pipes

together. Connection of pipe to install

water meter.

Allowing unlicensed individuals to

perform plumbing work

Springfield May 2017 $4,000 $1,500 Consent Order

Complaint submitted by license

enforcement person

C2017-0270

Tracey

Haley, Karl Allen

dba H2 Plumbing LLC

Installation of pipe under the kitchen

sink.

Allowing unlicense individual to


No plumbing permit

Scappoose June 2017 $4,000 $4,000 Default Order


enforcement person

C2017-00221

TJ

Ferrando, Tobey Installation of under floor rough in

plumbing work, including gluing pipes

together.

No journeyman plumber license

Springfield May 2017 $2,000 $2,000 Default Order


enforcement person

C2017-0224

Tracey

Milewski, Brandon Cut pipe; Installation of pipe and P-

trap.


Portland June 2017 $2,000 $750 Consent Order


enforcement person

Summary Report - Cases Previously Resolved by Division

*Total penalties assessed for violations in more than one program

† With use of new database, all new cases now begin with "C" (Complaint)Page 1 of 2

Woodsdj

Text Box

Agenda Item III.B.

State Plumbing Board Enforcement Report October 19, 2017

Case # Name Violation Location of

Violation

Date of

Violation

Penalty

Assessed

Penalty to

Pay

Other Comments

Summary Report - Cases Previously Resolved by Division

C2017-0225

Tracey

Lotus Plumbing Company Cut pipe; Installation of pipe and P-

trap.

Allowing unlicensed individual to


Portland June 2017 $2,000 $750 Consent Order


enforcement person

C2017-0175

Tracey

Mears, Bryan Installation of water supply piping,

drain lines and plumbing fixtures.


Hood River April 2017 $2,000 $500 Consent Order

Complaint submittled by license

enforcement person

C2017-0294

Anthony

Chobin Construction LLC Failure to pay civil penalties for case

C2017-0010.

Oregon June 2017 $2,500**original penalty

amount was

$4,000


Complaint submitted by BCD fiscal

C2017-0269

Tracey

Metoxen, Joseph Installation of a water line in the

kitchen.


Scappoose June 2017 $2,000 $500 Consent Order


enforcement person

C2017-0295

Anthony

Clark, Nicholas Failure to pay civil penalties for case

C2017-0049.

Oregon June 2017 $1,250**original penalty

was $2,000


Complaint submitted by BCD fiscal

C2017-0192

Shannon

Dunham, Moses A. Installation of hot water heater.



plumbing permit

Gates April 2017 $6,000 $2,000 Consent Order

Complaint submitted by CCB field

investigator

C2017-0315

Anthony

A T I Plumbing, Inc. Installation of water lines and shower

valve.

Allowing unlicensed individual to


Millersburg July 2017 $2,000 $750 Consent Order


investigator

C2017-0314

Anthony

Sotelo, Rogelio Installation of water lines and shower

valve.


Millersburg July 2017 $2,000 $750 Consent Order


investigator



State Plumbing Board Enforcement Report for October 19, 2017

Case # NameConditioned/Suspension/Revocation

InformationOther Comments

C2017-0269

Tracey

Metoxen, Joseph Respondent's journeyman plumber license is conditioned

for 6 months.

Consent Order

C2017-0314

Anthony

Sotelo, Rogelio Respondent's journeyman plumber license is conditioned

for 6 months.

Consent Order

License Conditioned, Suspensions and Revocations



Woodsdj

Text Box

Agenda Item III.C.

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State of Oregon Board memo Building Codes Division October 19, 2017 To: The State Plumbing Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: Code amendment regarding barrier type floor drain trap seal protection devices Action requested: State Plumbing Board review and consideration of adopting ASSE 1072-2007 into the Oregon Plumbing Specialty Code (OPSC) and amending OPSC Section 1007 regarding use of barrier type floor drain trap seal protection devices. Background: In February 2017 the board reviewed information from a manufacturer of a barrier type floor drain trap seal protection device. They were seeking board approval of the standard ASSE 1072-2007 – the standard the device was certified under. This standard is not currently adopted in the OPSC. At the February meeting the board approved ASSE 1072-2007 based upon the technical and scientific facts submitted. The board specified that the installation of a barrier type trap seal protection device shall not be used in lieu of a trap primer even if the manufacturer’s installation instructions allow it. A barrier type floor drain trap seal protection device must be installed with listed fittings in accordance with the manufacturer’s instructions, and the requirements of the OPSC. Typically, a Statewide Alternate Method would be issued for requests similar to this one. The division recently received advice from its legal counsel to process this type of request through rulemaking instead of the alternate method process. Because this type of rulemaking involves amending the OPSC, the board is required to take an action and make a cost finding. The cost finding was not part of the action the board took in February 2017. Discussion: Under the authority of ORS 447.152 the board may approve standards for plumbing products not currently adopted by the board in the OPSC. ORS 447.020, 455.020, and 455.110 allows the division, with the approval of the board, to adopt and amend the state building code, including rules setting standards for plumbing, known as the Oregon Plumbing Specialty Code.

Agenda Item

VII.A.

of 2

Options: Recommend approving ASSE 1072-2007 based upon action taken at the February 16,

2017, board meeting and the proposed code language, and forward to the Administrator for rulemaking and subsequent adoption, with the finding that the added cost, if any, is necessary to the health and safety of the occupants or the public or necessary to conserve scarce resources. In addition, recommend that the Residential and Manufactured Structures Board approve the proposed language where it relates to low-rise residential plumbing provisions.

Amend and approve the request to approve ASSE 1072-2007 based upon action taken at the February 16, 2017, board meeting and the proposed code language, and forward to the Administrator for rulemaking and subsequent adoption, with the finding that the added cost, if any, is necessary to the health and safety of the occupants or the public or necessary to conserve scarce resources. In addition, recommend that the Residential and Manufactured Structures Board approve the amended language where it relates to low-rise residential plumbing provisions.

Recommend denying this request, which would retain current trap seal protection requirements of the 2017 OPSC. Specify reason for denying request.

Barrier Type Floor Drain Trap Seal Protection Devices October 19, 2017

918-750-0115 Amendments to the Oregon Plumbing Specialty Code

(1) The Oregon Plumbing Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments adopted during the code-cycle for inclusion into the Oregon Plumbing Specialty Code are placed in this rule, showing the section reference, a descriptive caption, and a short description of the amendment.

(2) Effective April 1, 2018 the Oregon Plumbing Specialty Code is amended by adopting standard ASSE 1072-2007 for barrier type floor drain trap seal protection devices. Section 1007.7 is adopted and requires barrier type floor drain trap seal protection devices to comply with the code and manufacturer’s installation instructions. [Publications: Publications are available for review at the division. See division website for information on where to purchase publications.] Stat. Auth.: ORS 447.020, 455.020, 455.030 & 455.110 Stats. Implemented: ORS 447.020, 455.020, 455.030 & 455.110 Hist.: BCD 16-2012, f. 12-21-12, cert. ef. 1-1-13; BCD 11-2014, f. 9-30-14, cert. ef. 10-1-14; BCD 2-2015, f. 3-24-15, cert. ef. 4-1-15; BCD 10-2017, f. 9-14-17, cert. ef. 10-1-17

http://bcd.oregon.gov/

State Plumbing Board 2017 Oregon Plumbing Specialty Code

October 19, 2017

Proposed code amendments to the Oregon Plumbing Specialty Code

Text donation: bold/underline denotes new text strikethrough denotes deleted text

Barrier Type Floor Drain Trap Seal Protection Devices

1007.0 Trap Seal Protection. 1007.1 General. Floor drain or similar traps directly connected to the drainage system shall be provided with an approved automatic means of maintaining their water seals.

1007.2 Each non-pressure-activated primer valve, similar operated device, or toilet flush primer connection shall serve no more than two traps, unless a specific non-pressure activated primer valve, similarly operated device, or toilet flush primer is approved for a limited number of traps by the Building Official. Pressure-activated primer valves shall be limited to the number of traps to be served as approved by the Building Official for that specific valve.

1007.3 Supply piping. Supply piping between the priming device connection and the trap shall be at least 3/8 inch (12 mm) I.D. The supply piping to priming devices shall be protected against a form of cross-connection and sized according to the primer device manufacturer's recommendation.

1007.4 Primer valve. Primer valve bodies shall be installed a minimum of 12 inches (305 mm) above the flood level rim of the fixture being served and in an accessible location.

1007.5 Primer headers. Primer headers for three or more traps shall be the "inverted manifold" type (or other approved method) having equal water flow to all outlets, with each outlet provided with a threaded removable plug or cap inspection fitting. Approved flush tanks shall be permitted as an alternate supply source for primer headers.

1007.6 Primer stop. When installed, a primer stop shall be an accessible screwdriver stop.

1007.7 Barrier type floor drain trap seal protection. Barrier type floor drain trap seal protection devices shall be in accordance with ASSE 1072. When installed, the device shall be installed according to the device manufacturer’s installation instructions, and the device shall not be used in lieu of the requirements in Section 1007.1.

Chapter 17 – Referenced Standards

Standard Number Standard Title Application Referenced Sections

ASSE 1072-2007 Performance Requirements for Barrier Type Floor Drain Trap Seal Protection Devices

DWV Components 1007.7

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State of Oregon Board memo Building Codes Division October 19, 2017 To: The State Plumbing Board From: Richard Baumann, policy analyst, Policy and Technical Services Subject: Continuing Education Applications Action requested: State Plumbing Board review and approve the Continuing Education Committee’s recommendations for continuing education courses and instructors. Background: The State Plumbing Board establishes continuing education requirements for all plumbing licensees in order to ensure licensees possess up-to-date knowledge of the code and administrative requirements. They set standards for approval of courses and providers in order to have a sufficient number and variety of continuing education courses available to licensees. The board’s continuing education committee has been meeting to evaluate courses and instructors on the board’s behalf. The committee met on September 7, 2017, to review continuing education course and instructor applications. The committee reviewed 35 applications from 5 organizations: 29 courses were recommended for approval. No courses were recommended for denial. 4 instructors were recommended for approval. No instructors were recommended for denial. 2 applications are pending waiting for additional information from the provider.

See attached summary for more information. In addition to the Oregon Rule and Law criteria, the committee is using the following when reviewing applications: For correspondence courses – Provider must submit complete course. For online courses – Provider must submit a log-on or screen shots of course content. OSHA 10 and 30 courses are eligible for a maximum of 10 hours code-related credit. First Aid, CPR, AED, and OHSA related safety courses are eligible for a maximum of

eight hours code-related credit.

Agenda Item

VII.B.

of 2

Options: Approve the committee’s recommendations for approval or denial of courses or

instructors. Amend and approve the committee’s recommendations for approval or denial of courses

or instructors. Disapprove the committee’s recommendations for approval or denial of courses or

instructors.

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State Plumbing Board Committee on Continuing Education Course and Instructor Review

October 19, 2017

Courses

Applicant Course Name Committee

Recommendation Board Action

1 1st Choice CE 4 hr Oregon Plumbing Renewal Course – 2015 UPC (4 hours CR) Approve – 2017 code cycle

2 Aquatherm Aquatherm Installer Training (4 hours CR) Approve – 2017 code cycle

3 McKenzie W. James 2017 Oregon Plumbing Code Change (4 hours CC) Approve – 2017 code cycle

4 McKenzie W. James 2017 Oregon Rule and Law for Plumbers (4 hours ORL) Approve – 2017 code cycle

5 McKenzie W. James Commercial Kitchens (4 hours CR) Approve – 2017 code cycle

6 McKenzie W. James Dry Wells, Storm Water Point of Disposal (4 hours CR) Approve – 2017 code cycle

7 McKenzie W. James Building Drains Sanitary and Storm Sewers (8 hours CR) Approve – 2017 code cycle

8 McKenzie W. James Air Admittance Valve Venting (4 hours CR) Approve – 2017 code cycle

9 McKenzie W. James Venting the Plumbing Drainage System (4 hours CR) Approve – 2017 code cycle

10 McKenzie W. James Backwater Valves (4 hours CR) Approve – 2017 code cycle

11 McKenzie W. James Sewage Ejectors and Sump Pumps (4 hours CR) Approve – 2017 code cycle

12 McKenzie W. James Plumbing Systems Test is Required (4 hours CR) Approve – 2017 code cycle

13 McKenzie W. James Residential Water Heater Installer License Training Class (8 hours CR) Approve – 2017 code cycle

14 Mike Ditty, LLC Water Distribution – Residential (4 hours CR) Approve – 2017 code cycle. Live classes only.

15 Mike Ditty, LLC Water Distribution – Commercial (4 hours CR) Approve – 2017 code cycle. Live classes only.

16 Mike Ditty, LLC Plumbing Fixtures (4 hours CR) Approve – 2017 code cycle. Live classes only.

17 Mike Ditty, LLC 2017 Oregon Rule and Law for Journeyman Plumbers (4 hours ORL) Approve – 2017 code cycle. Live classes only.

18 Mike Ditty, LLC Old Plumbing – The Way We Were (2 hours CR) Approve – 2017 code cycle. Live classes only.

19 Mike Ditty, LLC Indirect Waste (4 hours CR) Approve – 2017 code cycle. Live classes

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only.

20 Mike Ditty, LLC Grease Traps & Interceptors (4 hours CR) Approve – 2017 code cycle. Live classes only.

21 Mike Ditty, LLC Horizontal Wet Venting (2 hours CR) Approve – 2017 code cycle. Live classes only.

22 Mike Ditty, LLC Drainage Systems (4 hours CR) Approve – 2017 code cycle. Live classes only.

23 Mike Ditty, LLC Building Sewers (4 hours CR) Approve – 2017 code cycle. Live classes only.

24 Mike Ditty, LLC Isometric Drawing (4 hours CR) Approve – 2017 code cycle. Live classes only.

25 Mike Ditty, LLC Electric Pump Systems (4 hours CR) Approve – 2017 code cycle. Live classes only.

26 Mike Ditty, LLC Electric Plumbing Fixtures (4 hours CR) Approve – 2017 code cycle. Live classes only.

27 Mike Ditty, LLC 2017 Oregon Code Change (4 hours CC) Approve – 2017 code cycle. Live classes only.

28 Mike Ditty, LLC Plumbing ADA (4 hours CR) Approve – 2017 code cycle. Live classes only.

29 Mike Ditty, LLC Plumbing Bloopers (4 hours CR) Approve – 2017 code cycle. Live classes only.

Instructors

Applicant

Committee Recommendation

Board Action

1 Juan C. Hernandez Sr. (CC, CR) 1st Choice CE

Approve – 2017 code-cycle

2 Marty Newlander (CR) Aquatherm


3 McKenzie W. James (CC, CR) Approve – 2017 code-cycle

4 Mike Ditty (CC, CR) Mike Ditty, LLC


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Applications Pending Applicant Course Name Information Requested by Committee

1 Frank Rauch 2017 OPSC Code Change (4 hours CC) Course outline does not meet the requirements for a complete application. Outline must contain a brief description of the course, a detailed course outline with time spent on each subject listed, course objectives, and code references. Referencing the numbering system utilized by the division for code change proposals for the code committee process is not appropriate.

2 Frank Rauch 2017 Oregon Rule and Law for Plumbers (4 hours ORL) Course outline does not meet the requirements for a complete application. Outline must contain a brief description of the course, and course objectives.

3 Mike Ditty, LLC 16 courses submitted above. Provider submitted 16 courses that were listed as both “live” and by “correspondence.” As per board policy, providers submitting correspondence courses must submit the complete course. None of the applications submitted had a correspondence courses attached.

i. ii. - oregon codes division 1535 edgewater street nw ... bcd case no. c2016-0019 ... appropriate...

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