OAG 40-84.

• Case Date: October 14, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-84. 92OPINION NO. 40-84[20 Or. Op. Atty. Gen. 92]State board of health has no power to adopt and enforce regulations governing apprentice plumbers. Apprentice plumbers required to register with state board of health, and obtain permit to work under supervision of licensed journeyman plumber, such permit to be cancelled when he discontinues such employment. Apprentice plumbers and employers are required to enter into written agreement.October 14, 1940.Oregon State Board of Health.Gentlemen: Under date of October 9, 1940, you request my opinion on the following questions:

1. "Has the state board of health the power to adopt and enforce rules and regulations governing apprentice plumbers?"

I do not find any statute conferring upon the state board of health such power. Chapter XX of Title XLIX, Oregon Code 1935 Supplement, relates to apprentices generally. It contains no reference to the state board of health. Chapter XIX of Title LIX, known as the plumbing code, requires every person, firm and corporation engaging in, conducting, or carrying on the business of installing plumbing and drainage in buildings in the state of Oregon to file, on or before the first day of July of each year, with the state board of health an application in writing for registration, but it contains no reference to plumbers' apprentices. Chapter XXIV of Title LIX, Oregon Code 1935 Supplement, relates to journeyman plumbers. Section 59-2407 requires all journeyman plumbers to make application to the state board of health for permission to engage in that occupation, and further provides:93

"Every apprentice must register with the state board of health, giving the length of time he has served and with whom he has been employed. The state board of health shall issue to such apprentice a permit to work at the trade of installing plumbing, drainage, sewerage and plumbing ventilation so long as he may be working under the supervision of a licensed journeyman plumber."

2. "Has the state board of health the power to cancel the apprentice registration for failure to comply with these rules and attend school?"

Since the state board of health does not have power to adopt rules and regulations relating to apprentices, it necessarily follows that it does not have authority to cancel apprentice's registration for...