Minimum safety standards; rules; criteria

(1) Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the Director of the Department of Consumer and Business Services shall adopt rules establishing, amending or repealing minimum safety standards for workmanship and materials for, and the design and construction of electrical products used in, traction electrification and electrical communications and electrical signaling installations for rail fixed guideway public transportation systems operated by a mass transit district established under ORS 267.010 to 267.394. The rules adopted by the director under this subsection shall be the exclusive rules adopted for this state that establish minimum safety standards for workmanship and materials for, and the design and construction of electrical products used in, traction electrification and electrical communications and electrical signaling installations for rail fixed guideway public transportation systems operated by a mass transit district. (2) Before adopting rules under subsection (1) of this section, the Director of the Department of Consumer and Business Services shall consider: (a) Technological advances in the rail fixed guideway industry. (b) The practicability of following the standards under consideration, if adopted. (c) The probability, extent and gravity of the injury to the public or to property that will result from failure to follow the standards under consideration. (d) Safety standards followed, proposed or approved by responsible members of the rail fixed guideway industry. (3) Notwithstanding ORS 479.510 to 479.945, 479.995 and 824.045, the Department of Consumer and Business Services is designated as the state agency to administer and enforce the standards established by the Director of the Department of Consumer and Business Services under this section. The department shall adopt rules establishing procedures for the administration and enforcement of such standards.