All blasting powder
and fuse shipped into this state for use, or manufactured in this state
for use in this state, shall have stamped or printed upon the outside of
the original package, box, case or wrapper the date of manufacture of the
contents. Whenever any
blasting powder shows a state of disintegration or decomposition
sufficient so that it remains in a soft condition in a temperature of 32
degrees Fahrenheit, or is in a state of crystallization, which is
revealed by some portions being in a hard condition and surrounded by
other portions in a soft condition, it shall be deemed bad and dangerous
powder, and its sale and use is prohibited. Whenever
any fuse shows by its appearance to have been overheated, or if it is in
a hard and brittle condition, which is seen by breaks and cracks in the
wrapper around the outside of the fuse, the same shall be declared unfit
for use and sale, and its use is forbidden. No person
shall sell or exchange, or offer or expose for sale or exchange, or have
in possession for use by employees of the person:
(1) Any blasting powder or fuse which has not been stamped or
printed upon as required in ORS 480.010.
(2) Any blasting powder of which the sale and use is prohibited by
ORS 480.020.
(3) Any fuse declared to be unfit for use as prohibited by ORS
480.030.No person
shall transport, carry or convey, or have transported, carried or
conveyed, any dynamite, gunpowder or other like explosives, between any
places in Oregon, on any car or other vehicle of any description operated
by a common carrier which car or vehicle is carrying passengers for hire.
However, it shall be lawful to transport on any such car or vehicle small
arms, ammunition in any quantity, such fuses, torpedoes, rockets or other
signal devices as may be essential to promote safety in operation, and
properly packed and marked samples of explosives for laboratory
examination, not exceeding a net weight of one-half pound each and not
exceeding 20 samples at one time in a single car or vehicle. Such samples
shall not be carried in that part of a car or vehicle which is intended
for the transportation of passengers for hire. Nothing in this section
shall be construed to prevent the transportation of military or naval
forces, with their accompanying munitions of war, on passenger equipment,
cars or vehicles. No person
shall transport, carry or convey, or have transported, carried or
conveyed, liquid nitroglycerine, fulminate in bulk in dry condition, or
other like explosives, between any places in Oregon, on any car or other
vehicle of any description operated by a common carrier in the
transportation of passengers. (1) No person shall
possess a fire bomb. For the purpose of this section a “fire bomb” is a
breakable container containing a flammable liquid with a flash point of
150 degrees Fahrenheit or less, having an integral wick or similar device
capable of being ignited, but no device commercially manufactured
primarily for the purpose of illuminating shall be deemed to be a fire
bomb for the purpose of this section.
(2) This section shall not prohibit the authorized use or
possession of such fire bomb by a member of the Armed Forces of the
United States or by any member of a regularly organized public fire or
police department. [1967 c.417 §21](1) In addition to any other legal requirements, all users of
explosives shall be responsible for the removal of all unused explosives
from any area of use after the work for which the explosive was required
is completed or when the user is absent for more than 30 days from the
area of use, unless the explosives are stored in a manner meeting the
safety requirements promulgated by the State Fire Marshal pursuant to ORS
476.030.
(2) As used in this section:
(a) “Explosives” means dynamite, blasting powder, black powder,
nitroglycerin, detonators, nitro-jelly, prima-cord and detonating fuse.
(b) “User” means any person using explosives for any purpose
whatsoever, and regardless of whether such person is being compensated
for such use. [1963 c.384 §1] Persons
violating ORS 480.085 shall be liable to the penalty provided in ORS
480.990 (4) and shall also be liable in civil action for damages to any
person suffering injury from handling or otherwise coming in contact with
unused explosives which are left in an area of use in violation of ORS
480.085, regardless of any negligence or lack of negligence on the part
of the defendant. [1963 c.384 §2]FIREWORKS For the purposes of
ORS 480.110 to 480.165, which sections may be cited as the Oregon
Fireworks Law, and unless otherwise required by the context:
(1) “Fireworks” means any combustible or explosive composition or
substance, or any combination of such compositions or substances, or any
other article which was prepared for the purpose of providing a visible
or audible effect by combustion, explosion, deflagration or detonation,
and includes blank cartridges or toy cannons in which explosives are
used, balloons which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles, bombs, rockets,
wheels, colored fires, fountains, mines, serpents or any other article of
like construction or any article containing any explosive or inflammable
compound, or any tablets or other device containing any explosive
substances or inflammable compound; but does not include:
(a) Sparklers, toy pistol paper caps, toy pistols, toy canes, toy
guns or other devices in which paper caps containing :NULL..25 grains or
less of explosive compound are used, and when, the rate of burning and
the explosive force of the materials in such devices are not greater than
an equivalent weight of F.F.F.G. black powder, and when such devices are
so constructed that the hand cannot come in contact with the cap when in
place for explosion, and the major explosive force is contained or
dispelled within the housing or shell of the device, there is no visible
flame during discharge, there is no flaming or smoldering of any of the
components or parts of the device after discharge, and the device does
not produce sufficient heat to readily ignite combustible materials upon
which the device may be placed. The sale and use of such devices shall be
permitted at all times.
(b) Snakes or similar smoke-producing material containing not more
than 100 grains of combustible substances when there is no visible flame
during discharge, there is no after smoldering, and the devices do not
produce sufficient heat to readily ignite combustible materials upon
which the devices may be placed. The sale and use of such devices shall
be permitted at all times.
(c) Model rockets and model rocket motors designed for the purpose
of propelling recoverable aero models. The sale and use of such devices
shall be permitted at all times.
(d) Those items described in ORS 480.127 (4).
(2) “Fire protection district” means any district created under the
laws of Oregon or the United States, including rural fire protection
districts and any federal, state or private forest patrol areas.
(3) For purposes of this section “sparklers” means materials of a
character that will, when ignited, sparkle without throwing or dropping
hot residue capable of igniting combustible materials, attached to a wire
or other noncombustible central support, with such materials arranged in
a cylindrical shape not more than 10 inches in length nor more than
one-quarter inch in diameter and which shall not burn more rapidly than
one inch in 10 seconds, but not including materials incased within a
container of any character. “Explosive substance” or “explosive mixture”
as used in this section shall mean any substance so arranged as to burn
in less than one second. “Combustible substance” shall mean any substance
so arranged as to burn in more than one second. [Amended by 1967 c.417
§23; 1981 c.635 §1; 1983 c.788 §5](1) No person shall sell, keep or offer for
sale, expose for sale, possess, use, explode or have exploded any
fireworks within Oregon, except as follows:
(a) Sales by manufacturers and wholesalers to customers residing
outside this state in accordance with ORS 480.156;
(b) Sales to persons or organizations having obtained a permit from
the State Fire Marshal for supervised public display;
(c) Sales to railroads, boats, motor vehicle or other
transportation agencies, to be used for signal, warning or illumination
purposes in connection with such business;
(d) Sale or use of blank cartridges for licensed shows or theaters
or for signal or ceremonial purposes in athletics or sports;
(e) Experimental purposes by a manufacturer of explosives at such
places where such experiments are normally conducted;
(f) Sale of blank cartridges for use by the militia or any
organization of war veterans or other organization authorized by law to
parade in public a color guard armed with firearms;
(g) Sale of shells, cartridges, gunpowder or explosives for use in
legally permitted firearms;
(h) Sales of items described in ORS 480.127 to persons who possess
the retail sales permit required by ORS 480.127 by a person who holds a
manufacturer or wholesaler license issued pursuant to ORS 480.110 to
480.165; or
(i) Sales of items described in ORS 480.127 to individual members
of the general public for personal use by taking direct delivery of those
items at the time of sale from the holder of a retail sale permit issued
pursuant to ORS 480.127.
(2) Law enforcement officers of the state, county or municipality
shall enforce the provisions of ORS 480.110 to 480.165. [Amended by 1983
c.788 §1; 1985 c.789 §1]
(1) Notwithstanding the provisions of ORS 480.110 to 480.124 and 480.130
to 480.150, an owner or lessee of property located outside of an
incorporated city may purchase, maintain, use and explode fireworks on
the owned or leased property for the purpose of scaring away or repelling
birds or animals which are or may be injurious or destructive to forest
or agricultural products or crops.
(2) Any person described in subsection (1) of this section desiring
to use and explode fireworks to scare or repel birds or animals shall
first secure a permit from the State Fire Marshal for that purpose. The
State Fire Marshal, upon receipt of application for such permit, shall
determine if the proposed purchase and use conforms to law and any rules
or regulations promulgated by the office of the fire marshal. If the fire
marshal finds that the applicant is qualified to use the fireworks and
the proposed use is in accordance with the law and rules and regulations,
the fire marshal shall issue a permit; otherwise the fire marshal shall
refuse to issue it.
(3) Such permit may be revoked by the State Fire Marshal at any
time fire marshal verifies there is a violation of the provisions of the
permit or the rules and regulations under which it is issued.
(4) The State Fire Marshal is authorized to promulgate rules and
regulations relating to the use of fireworks to scare or repel birds or
animals which are injurious to or destructive to forest or agricultural
crops or products. [1961 c.293 §2; 1987 c.158 §106]
Notwithstanding the provisions of ORS 480.110 to 480.165, fireworks may
be purchased, maintained, used and exploded by federal or state agencies
authorized and required by ORS 610.002 to 610.020 to eradicate and
control predatory animals. Such purchase and use shall be in compliance
with rules and regulations promulgated by the State Fire Marshal, with
the approval of the state agencies authorized and required by ORS 610.002
to 610.020 to eradicate and control predatory animals. [1961 c.293 §3] (1) Any
person who desires to sell cylindrical fountains, cone fountains,
illuminating torches, wheels, ground spinners, flitter sparklers or
combination items at retail to individual members of the general public
for personal use shall apply in writing to the State Fire Marshal for a
permit at least 15 days in advance of the proposed sale. The State Fire
Marshal shall issue the permit only if the State Fire Marshal finds that
the applicant is qualified to conduct the proposed sale and that the
proposed sale will conform to the provisions of ORS 480.110 to 480.165
and any rules promulgated pursuant thereto. A fee may be charged for the
permit. Subject to prior approval by the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fee, the amount of the fee shall be set by rule and shall be
adjusted subsequently by the State Fire Marshal to finance the
administrative expenses incurred under this section and shall be within
the budget authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board.
(2) The permit required by subsection (1) of this section shall not
be valid for more than one year from the date of issuance and shall
authorize sales only between midnight June 22 and midnight July 6 of any
given calendar year.
(3) Notwithstanding any other provision of law, the State Fire
Marshal shall not prescribe limitations on the aggregate amount of items
described in subsection (4) of this section at a sales facility operated
by a person who holds the permit referred to in this section. However,
such items shall be stored in accordance with such fire codes as the
State Fire Marshal by rule may prescribe to insure safe storage of such
materials. In prescribing such rules the State Fire Marshal may consider,
among other matters, requirements of the United States Department of
Transportation regarding the storage of hazardous materials.
(4) As used in this section:
(a) “Combination item” means a device that contains combinations of
two or more of the effects described in paragraphs (b) to (g) of this
subsection.
(b) “Cone fountain” means a cardboard or heavy paper cone
containing not more than 50 grams of pyrotechnic composition. The effect
upon ignition is the same as that of a cylindrical fountain.
(c) “Cylindrical fountain” means a cylindrical tube not more than
three-fourths inch (19 mm) inside diameter and containing not more than
75 grams of pyrotechnic composition. Upon ignition, a shower of colored
sparks and sometimes a whistling effect is produced. This device may be
provided with a spike for insertion into the ground, a wood or plastic
base for placing on the ground or a wood or cardboard handle if intended
to be handheld.
(d) “Flitter sparkler” means a narrow paper tube containing not
more than 100 grams of pyrotechnic composition that produces colored
sparks upon ignition. The paper at one end of the tube is ignited to make
the device function.
(e) “Ground spinner” means a small device similar to a wheel in
design and effect and containing not more than 60 grams of pyrotechnic
composition. When placed on the ground and ignited, a shower of colored
sparks is produced by the rapidly spinning device.
(f) “Illuminating torch” means a cylindrical tube containing not
more than 100 grams of pyrotechnic composition. This device may be
provided with a spike for insertion into the ground, a wood or plastic
base for placing on the ground or a wood or cardboard handle if intended
to be handheld.
(g) “Wheel” means a pyrotechnic device attached to a post or tree
by means of a nail or string. Each wheel may contain not more than six
driver units or tubes not exceeding one-half inch (12.5 mm) inside
diameter and containing not more than 60 grams of pyrotechnic
composition. Upon ignition, the wheel revolves and produces a shower of
colored sparks, and sometimes a whistling effect. [1983 c.788 §3; 1991
c.703 §14](1) All persons, municipalities, associations or organizations or
groups of individuals desiring to sell, discharge, fire off, explode or
display fireworks for a public display, or to sell items described in ORS
480.127 (4) to persons who possess the permit referred to in ORS 480.127,
shall apply in writing to the State Fire Marshal for a permit at least 15
days in advance of the proposed sale or date of the display. The State
Fire Marshal, upon receipt of such application, shall determine if the
proposed sale or display will conform to law and any rules promulgated
thereunder. If the State Fire Marshal finds that the applicant is
qualified to conduct such sale or display and that the proposed sale or
display is in accordance with the law and all rules, the State Fire
Marshal shall issue a permit; otherwise the State Fire Marshal shall
refuse to issue it.
(2) The fee for a permit for the public display of fireworks and
each permit for sale of fireworks or items described in ORS 480.127 (4)
shall be established by rule by the State Fire Marshal, subject to prior
approval by the Oregon Department of Administrative Services and a report
to the Emergency Board prior to adopting the fee, and subsequently shall
be adjusted to finance the administrative expenses incurred under this
section and shall be within the budget authorized by the Legislative
Assembly as that budget may be modified by the Emergency Board. All fees
collected shall be deposited to the credit of the State Fire Marshal Fund.
(3) Sales permits for fireworks or items described in ORS 480.127
(4) shall not be valid for more than one year from date of issue. A
public display permit shall not be valid for more than 10 days from date
of issuance and shall authorize only one fireworks display during that
period. [Amended by 1967 c.417 §24; 1983 c.788 §6; 1985 c.789 §2; 1991
c.703 §15](1) Every such display held
within the boundaries of any municipality shall be under the supervision
of the chiefs of police and fire departments of the municipalities in
which the display is to be held and shall be of such character, and so
located, discharged or fired as, in the opinion of the chief of the fire
department, after proper inspection, shall not be hazardous to property
or endanger any person.
(2) Every such display held outside the boundaries of any
municipality or fire protection district shall be under the supervision
of the county court of the county in which the display is to be held and
shall be of such character, and so located, discharged or fired as, in
the opinion of the county court or of a county official duly authorized
by the county court, after proper inspection, shall not be hazardous to
property or endanger any person.
(1) The State Fire Marshal may adopt reasonable rules for granting
permits for supervised public displays or sales of fireworks or items
described in ORS 480.127 (4) by municipalities, fair associations,
amusement parks, and other persons, organizations or groups of
individuals. The governing body of any municipality, or of any county,
may require liability insurance, or an irrevocable letter of credit
issued by an insured institution as defined in ORS 706.008 or other form
of indemnity deemed adequate by the municipality, or the county, from any
person, in a sum not less than $500, conditioned for payment of all
damages which may be caused either to a person or property by reason of
the authorized display or sale and arising from any acts of any person or
agents, employees or subcontractors of the person. At the time a permit
is revoked, the State Fire Marshal or approving authority may include in
the revocation order a provision prohibiting the holder of the revoked
permit from applying for or obtaining another such permit, for a period
not to exceed three years from the revocation date, if the State Fire
Marshal or approving authority finds that the circumstances of the permit
holder’s failure to comply with applicable sale or display statutes and
regulations presented a significant fire hazard or other public safety
danger.
(2) The State Fire Marshal or the approving authority of any
governmental subdivision may revoke permits for display or sale of
fireworks or items described in ORS 480.127 when in the opinion of the
State Fire Marshal or the approving authority the sale or display of
fireworks or items described in ORS 480.127 (4) is not in compliance with
applicable statutes and regulations governing such sale or displays.
(3) Permit fees required by ORS 480.130 shall not be refunded in
the event such permits are revoked. [Amended by 1967 c.417 §25; 1983
c.788 §4; 1985 c.789 §3; 1991 c.331 §72; 1997 c.631 §483](1) No person shall publish or cause to be published:
(a) Any advertisement for the sale of fireworks the use or
possession of which is declared unlawful by ORS 480.110 to 480.165.
(b) Any advertisement for the sale of items described in ORS
480.127 in any county, municipality or fire protection district that by
law or ordinance has declared the sale or use of such items is prohibited.
(2) Subsection (1) of this section does not apply to any
advertising medium which accepts such advertising in good faith, without
knowledge of the violation of law. [1985 c.789 §7](1)
Each manufacturer or wholesaler of fireworks or items described in ORS
480.127 shall keep a record of all sales showing the name and address of
the purchaser, the state of destination, license and permit numbers, the
state and date of permit issuance and a list of the type and quantity of
fireworks or items sold.
(2) All shipments of fireworks or items described in ORS 480.127
coming into this state must show the appropriate permit number of the
addressee on the outside of the package. If the permit number is not so
shown, such shipment may be confiscated by a law enforcement officer or
fire protection enforcement authority having jurisdiction. [1985 c.789 §8](1) It is unlawful for
any person to sell fireworks or items described in ORS 480.127, at
wholesale to any out-of-state resident who does not possess and present
to the seller for inspection at the time of sale a valid license or
permit issued in the name of such out-of-state resident, if such license
or permit is required to purchase, possess, transport, store, distribute,
sell or otherwise deal with or use fireworks or items described in ORS
480.127, by the laws of such other state.
(2) The burden of ascertaining whether the laws of such other state
require a license or permit and whether the purchaser possesses such a
valid license or permit shall be entirely on the seller. Each seller
shall record, in a manner prescribed by the State Fire Marshal, each sale
described in this section. The record shall include the identification of
type and quantity of fireworks sold, name of purchaser, state of
destination, state issuing license or permit and number or other
identifying description and date of issue of license or permit. [1985
c.789 §9](1) In addition to
any other remedy provided by law, the parent or parents of an
unemancipated minor child shall be liable for costs incurred by a public
fire agency in suppressing fires caused by use of fireworks by such minor
child. However, a parent who is not entitled to legal custody of the
minor child at the time of the fire shall not be liable for such damages.
(2) The legal obligation of the parent or parents of an
unemancipated minor child to pay damages under this section shall be
limited to not more than $5,000 payable to the same claimant, for one or
more acts.
(3) When an action is brought under this section on parental
responsibility for acts of their children, the parents shall be named as
defendants therein and, in addition, the minor child shall be named as a
defendant. The filing of an answer by the parents shall remove any
requirement that a guardian ad litem be required.
(4) Nothing in subsections (1) to (3) of this section applies to
foster parents. [1985 c.789 §6](1) Nothing in ORS 480.110 to 480.165, nor in any permit
issued thereunder, shall authorize the manufacture, sale, use or
discharge of fireworks or items described in ORS 480.127 in any city,
county or fire protection district in which such manufacture, sale, use
or discharge is otherwise prohibited by law or municipal ordinance; nor
shall any city, county or fire protection district authorize the sale or
use of any fireworks prohibited by the provisions of ORS 480.110 to
480.165.
(2) For the purposes of enforcing ORS 480.110 to 480.165 in an area
exempt under ORS 476.030 (3) within a rural fire protection district, the
fire marshal, if there is one, or the fire chief of that rural fire
protection district has the same enforcement authority as the State Fire
Marshal.
(3) No person shall deliver or cause to be delivered into any
county, municipality or rural fire protection district for the purpose of
sale to individual members of the general public for personal use any
items described in ORS 480.127 if the county, municipality or rural fire
protection district by law or ordinance has declared that the sale or use
of such items is prohibited.
(4) The manufacture, sale, use or discharge of fireworks or items
described in ORS 480.127 may be regulated by the governing body of a
rural fire protection district, subject to the following conditions:
(a) The regulation must be by ordinance adopted by the governing
body of the district, after public notice and hearing, not later than
January 1 of any calendar year in which regulation is to be operative.
(b) The regulation shall not be operative within the boundaries of
any city that regulates such matters by city ordinance.
(c) The regulation shall not prohibit the manufacture, sale, use or
discharge of fireworks or items referred to in ORS 480.127, the
manufacture, sale, use or discharge of which is authorized by ORS 480.110
to 480.165.
(d) The regulation may not limit sales to less than five days per
calendar year, and must include the five consecutive day period beginning
June 30. [Amended by 1983 c.788 §7; 1985 c.789 §4; 1993 c.185 §32] (1) In addition
to any other penalty provided by law, any person who violates any
provision of ORS 480.110 to 480.165, or any rule adopted by the State
Fire Marshal pursuant thereto, is subject to a civil penalty imposed by
the State Fire Marshal in an amount not to exceed $500 per violation.
However, an individual member of the general public who possesses
fireworks of a retail value less than $50 is not subject to a civil
penalty. Each day a violation continues shall be considered a separate
offense.
(2) All moneys recovered pursuant to this section shall be paid
into the State Fire Marshal Fund.
(3) Civil penalties under this section shall be imposed as provided
in ORS 183.745. [1991 c.856 §§2,3]MANUFACTURE, SALE, POSSESSION AND TRANSFER OF EXPLOSIVES As used in ORS
480.200 to 480.290 unless the context requires otherwise:
(1) “Certificate of possession” means a certificate issued under
ORS 480.235 by the State Fire Marshal to applicants who have met the
requirements of ORS 480.200 to 480.290.
(2) “Certificate of registration” means a certificate of
registration issued under ORS 480.244 by the State Fire Marshal for an
explosives magazine.
(3) “Explosive” means a chemical compound, mixture or device, the
primary or common purpose of which is to function by explosion. The term
includes, but is not limited to, dynamite, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord, igniter
cord and igniters, but excludes fireworks, as defined in ORS 480.110 (1),
black powder, smokeless powder, small arms ammunition, small arms
ammunition primers and fertilizer, as defined in ORS 633.311.
(4) “Issuing authority” means the State Fire Marshal or an
assistant appointed by the State Fire Marshal under ORS 480.280 (2).
(5) “Magazine” means an approved facility for the storage of
explosives.
(6) “Small arms ammunition” means a shotgun, rifle, pistol or
revolver cartridge.
(7) “Small arms ammunition primers” means small
percussion-sensitive explosive charges encased in a cup and used to
ignite propellant powder. [1971 c.518 §1; 1983 c.100 §3; 1999 c.980 §1;
2001 c.914 §26]ORS 480.200 to 480.290 and 480.990 (6) do not
apply to:
(1) The possession of an explosive by a member of the Armed Forces
of the United States while on active duty and engaged in the performance
of official duties or by a member of a regularly organized public law
enforcement agency, public fire department or fire protection agency
while engaged in the performance of official duties.
(2) The possession of an explosive in the course of transportation
by way of railroad, water, highway or air while under the jurisdiction
of, or in conformity with, regulations adopted by the United States
Department of Transportation. [1971 c.518 §2; 1987 c.158 §108; 1999 c.980
§2](1) A person may not possess an
explosive unless:
(a) The person has in immediate possession at all times during the
possession of the explosive a valid certificate of possession issued to
the person under ORS 480.235; or
(b) The person is licensed by the Bureau of Alcohol, Tobacco and
Firearms to be a manufacturer of explosives, a dealer in explosives or
the authorized agent of such a manufacturer or dealer.
(2) A person in possession of an explosive shall display a
certificate of possession upon the demand of the issuing authority, a
magistrate or a law enforcement agency, public fire department or fire
protection agency of this state.
(3) It is a defense to a charge under subsection (1) of this
section that the person so charged produce in court:
(a) A certificate described in subsection (1)(a) of this section
that was valid at the time of the arrest of the person; or
(b) Proof that the person is licensed by the Bureau of Alcohol,
Tobacco and Firearms to be a manufacturer of explosives, a dealer in
explosives, or the authorized agent of such a manufacturer or dealer.
[1971 c.518 §3; 1999 c.980 §3] Possession of an explosive
shall not be transferred unless:
(1) The transferee holds a certificate of possession under ORS
480.235 and the certificate is valid at the time of the transfer;
(2) The transferee is licensed by the Bureau of Alcohol, Tobacco
and Firearms as a manufacturer of explosives or a dealer in explosives; or
(3) The transferee is a consignee of explosives that have been
transported under the jurisdiction of or in conformity with regulations
adopted by the United States Department of Transportation. [1971 c.518
§4; 1981 c.635 §2; 1999 c.980 §4; 2001 c.104 §219] (1) A person is
eligible for a certificate of possession under ORS 480.235 if:
(a) The person has not been convicted, or found guilty except for
insanity under ORS 161.295, of a misdemeanor involving violence, as
defined in ORS 166.470, within the previous four years. A person who has
been so convicted is eligible under this subsection following the
expiration of seven years after the date of final and unconditional
discharge from all imprisonment, probation and parole resulting from the
conviction.
(b) The person has not been convicted, or found guilty except for
insanity under ORS 161.295, of, and is not under indictment for, any
felony.
(c) The person is not a fugitive from justice, has no outstanding
warrants for arrest and is not free on any form of pretrial release for
any offenses listed in paragraphs (a) and (b) of this subsection.
(d) The person has not been adjudged to be mentally ill or mentally
deficient pursuant to ORS chapter 426 and 430.397 to 430.401 or ORS
chapter 427. A person who previously has been so adjudged is eligible
under this subsection if, at the time of application for such a
certificate, the person produces a certified copy of a full discharge
from the proper state hospital. The Department of Human Services shall
provide the State Fire Marshal with direct electronic access to the
department’s database of information identifying persons meeting the
criteria of this section who were committed or subject to an order under
ORS 426.130. The State Fire Marshal and the Department of Human Services
shall enter into an agreement describing the access to information under
this subsection.
(e) The person is at least 21 years of age.
(f) The person does not use a fictitious name or make a material
misrepresentation in application for such a certificate.
(g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled substance as
defined in ORS 475.005, other than the offense of driving under the
influence of intoxicants.
(B) Notwithstanding subparagraph (A) of this paragraph, a person
who has had a certificate denied or revoked due to conviction of a
criminal offense involving a controlled substance is eligible under this
section following the expiration of seven years after the date of final
and unconditional discharge from all imprisonment, probation and parole
resulting from the conviction.
(h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if committed by
an adult, would constitute a felony or a misdemeanor involving violence,
as defined in ORS 166.470.
(i) The person is not the subject of a restraining order that
alleges the person’s possession of explosives presents a credible threat
to another person.
(j) The person has passed an examination administered by the State
Fire Marshal that assesses the person’s knowledge of safety in the
transportation and storage of explosives as required under federal and
state laws and regulations pertaining to explosives. The State Fire
Marshal shall examine each applicant prior to issuance of a certificate
of possession to the applicant. The State Fire Marshal may by rule
establish and collect an examination fee in an amount necessary to cover
the cost of administering the examination.
(k) The person certifies on the application for a certificate of
possession that all explosives in the person’s possession will be used,
stored and transported in accordance with federal, state and local
requirements.
(L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state and local
requirements.
(2) Subsection (1)(a) and (b) of this section does not apply to a
conviction or indictment that has been expunged from a person’s record
under the laws of this state or equivalent laws of another jurisdiction.
[1971 c.518 §6; 1981 c.635 §3; 1983 c.100 §4; 1985 c.362 §1; 1999 c.980
§5] A person
desiring a certificate of possession shall apply on application forms
provided by the office of the State Fire Marshal. The forms shall be
completed in full and shall include:
(1) The applicant’s legal name, current address and current
telephone number;
(2) The applicant’s date of birth;
(3) A statement by the applicant that the applicant is eligible for
a certificate of possession under ORS 480.225;
(4) The number of the certificate of registration issued under ORS
480.244 for the explosives magazine where the applicant intends to store
the explosives;
(5) Any other information that the issuing authority may require to
readily identify the applicant;
(6) A certification, signed and dated by the applicant, that the
information contained in the application is true; and
(7) A nonrefundable application fee of $50 for a three-year
certificate. [1971 c.518 §7; 1983 c.100 §2; 1999 c.980 §6](1) A certificate of possession shall be issued or
denied within 45 days after the date of the application or the conclusion
of the investigation conducted by the issuing authority pursuant to
subsection (2) of this section.
(2) The issuing authority shall conduct an investigation to ensure
that the applicant meets the requirements listed in ORS 480.225 and
480.230. The issuing authority shall include fingerprinting and
photographic identification in the investigation. The issuing authority
may use fingerprints obtained under this subsection for the purpose of
requesting a state or nationwide criminal records check under ORS
181.534. Unless the issuing authority finds that the applicant is
ineligible under ORS 480.225 or 480.230, the authority shall issue a
certificate of possession to the applicant. If the issuing authority
finds that the applicant is ineligible under ORS 480.225 or 480.230, the
authority shall issue a notification of denial. The denial is subject to
the provisions of ORS 480.275.
(3) A certificate of possession is valid for three years from the
date of issuance unless suspended or revoked pursuant to ORS 480.270.
(4) A certificate of possession may not be assigned or transferred.
(5) The holder of a certificate of possession shall maintain a
record of the type and quantity of all explosives possessed during the
certificate period. The record shall be made available upon demand of the
issuing authority, a magistrate or a law enforcement agency, public fire
department or fire protection agency of this state.
(6) Notwithstanding ORS 181.534 (5) and (6), the Department of
State Police shall maintain in the department’s files fingerprint cards
submitted to it for purposes of conducting a state or nationwide criminal
records check under ORS 181.534 on applicants for a certificate of
possession. [1971 c.518 §8; 1981 c.635 §4; 1983 c.100 §5; 1999 c.980 §7;
2005 c.730 §28]Any applicant for the renewal of an unexpired
certificate of possession issued on or after June 1, 2000, shall not be
required to retake the safety examination described under ORS 480.225
(1)(j) to obtain the renewal unless the applicant has allowed the
certificate to lapse. All other requirements for the issuance of a
certificate shall be met before a certificate is renewed. [1999 c.980 §15](1) A
person may store explosives only in an explosives magazine that has been
issued a certificate of registration by the State Fire Marshal.
(2) An application for a certificate of registration shall be
submitted on a form approved by the State Fire Marshal and shall contain
all information required by rule of the State Fire Marshal, including but
not limited to the magazine location and structural information.
(3) The State Fire Marshal may establish by rule and collect
application and registration fees in an amount necessary to cover the
cost of administering the magazine registration program.
(4) Except as provided in subsection (5) of this section, prior to
issuing a certificate of registration, the State Fire Marshal shall
inspect the magazine to ensure that the magazine complies with the rules
established by the State Fire Marshal under ORS 480.280. The State Fire
Marshal shall issue a certificate of registration for the magazine unless
the State Fire Marshal finds that the magazine does not comply with the
rules and regulations adopted by the State Fire Marshal. Denial of a
certificate of registration shall be in accordance with subsection (9) of
this section.
(5) The State Fire Marshal may substitute for its own inspection of
the magazine as required under subsection (4) of this section an
inspection completed by the Bureau of Alcohol, Tobacco, and Firearms. The
State Fire Marshal shall establish criteria for when the Bureau of
Alcohol, Tobacco, and Firearms inspection may substitute for the State
Fire Marshal inspection.
(6) A certificate of registration shall be valid for two years
unless suspended or revoked as provided under subsection (9) of this
section.
(7) An application for the renewal of a certificate of registration
shall be accompanied by any application fee established by the State Fire
Marshal. A person who applies to renew a certificate before the person’s
current certificate expires does not need to retake the safety
examination described under ORS 480.225 (1)(j). Each magazine shall be
reinspected prior to renewal of the certificate of registration.
(8) If a magazine required to be registered under this section is
relocated, the person responsible for the magazine shall notify the State
Fire Marshal within 24 hours of the relocation. Upon receiving
notification under this subsection, the State Fire Marshal shall notify
the fire department or fire protection agency having jurisdiction over
the new location.
(9) The State Fire Marshal may deny, suspend or revoke a
certificate of registration if the State Fire Marshal finds that the
magazine is ineligible for a certificate of registration. If the State
Fire Marshal denies, suspends or revokes the certificate of registration,
the issuing authority shall issue a notification of denial, suspension or
revocation, subject to ORS 480.275.
(10) The issuing authority may revoke the certificate of
registration for failure to comply with any provision of ORS 480.200 to
480.290. [1999 c.980 §16]The loss, theft or unlawful removal of an explosive from the
possession of any person shall be reported by the person within 24 hours
to the issuing authority and a law enforcement agency of this state. The
report shall include the type and quantity of the explosive. [1971 c.518
§18; 1999 c.980 §8](1) The issuing authority may suspend or
revoke a certificate of possession if the issuing authority finds that
the person to whom the certificate of possession was issued is ineligible
for the certificate of possession under ORS 480.225 or 480.230 or that
the person has been convicted of a violation under ORS 480.990 (6).
(2) A certificate of possession suspended or revoked under
subsection (1) of this section shall be void from the date of the
suspension or revocation. The person to whom the certificate of
possession was issued shall surrender the suspended or revoked
certificate of possession to the issuing authority upon the demand of the
issuing authority. [1971 c.518 §19; 1987 c.158 §109; 1999 c.980 §9]An applicant who has been denied a certificate of possession
or a certificate of registration or a person whose certificate of
possession or certificate of registration has been suspended or revoked
is entitled to a hearing before the issuing authority under ORS chapter
183. [1971 c.518 §20; 1999 c.980 §10](1) The State Fire Marshal shall
administer and enforce ORS 480.200 to 480.290 and 480.990 (6) and may, in
accordance with the applicable provisions of ORS chapter 183, adopt rules
considered to be necessary in carrying out ORS 480.200 to 480.290 and
480.990 (6). The rules adopted shall be such as are reasonably necessary
for the protection of the public health, welfare and safety and of
persons possessing or storing explosives.
(2) The State Fire Marshal may appoint an individual, designated as
assistant by ORS 476.060 (1), or any other individual to act as the
assistant of the State Fire Marshal in the administration and enforcement
of ORS 480.200 to 480.290 and 480.990 (6). [1971 c.518 §§21,23; 1987
c.158 §110; 1999 c.980 §11](1) Each person who drives or has charge of a vehicle
transporting explosives must possess a certificate issued pursuant to ORS
480.235.
(2) Except as provided in subsection (3) of this section, the
driver of a vehicle transporting any quantity of explosives must attend
the vehicle at all times.
(3) The driver of a vehicle transporting explosives may leave the
vehicle unattended only at a designated location that has been approved
for such parking by the State Fire Marshal or by the local government
agency that has responsibility for fire protection.
(4) A vehicle which contains explosives must not be parked within
300 feet of any bridge, tunnel, dwelling, building or place where people
work, congregate or assemble except for brief periods when the
necessities of operation require the vehicle to be parked and make it
impracticable to park the vehicle in any other place.
(5) As used in this section, a vehicle is “attended” when the
person in charge of the vehicle is on the vehicle, awake and not in a
sleeper berth, or is within 100 feet of the vehicle and has it within
unobstructed field of view.
(6) All vehicles containing explosives shall display appropriate
placards conforming to the requirements of the United States Department
of Transportation. [1985 c.165 §2; 1999 c.980 §12]REGULATION OF GASOLINE DISPENSING As used in ORS
480.315 to 480.385:
(1) “Class 1 flammable liquids” means liquids with a flash point
below 25 degrees Fahrenheit, closed cup tester.
(2) “Nonretail facility” means an unattended facility where Class 1
flammable liquids are dispensed through a card or key activated fuel
dispensing device to nonretail customers. [Amended by 1991 c.863 §48] The Legislative Assembly declares that, except as
provided in ORS 480.345 to 480.385, it is in the public interest to
maintain a prohibition on the self-service dispensing of Class 1
flammable liquids at retail. The Legislative Assembly finds and declares
that:
(1) The dispensing of Class 1 flammable liquids by dispensers
properly trained in appropriate safety procedures reduces fire hazards
directly associated with the dispensing of Class 1 flammable liquids;
(2) Appropriate safety standards often are unenforceable at retail
self-service stations in other states because cashiers are often unable
to maintain a clear view of and give undivided attention to the
dispensing of Class 1 flammable liquids by customers;
(3) Higher liability insurance rates charged to retail self-service
stations reflect the dangers posed to customers when they leave their
vehicles to dispense Class 1 flammable liquids, such as the increased
risk of crime and the increased risk of personal injury resulting from
slipping on slick surfaces;
(4) The dangers of crime and slick surfaces described in subsection
(3) of this section are enhanced because Oregon’s weather is uniquely
adverse, causing wet pavement and reduced visibility;
(5) The dangers described in subsection (3) of this section are
heightened when the customer is a senior citizen or is disabled,
especially if the customer uses a mobility aid, such as a wheelchair,
walker, cane or crutches;
(6) Attempts by other states to require the providing of aid to
senior citizens and the disabled in the self-service dispensing of Class
1 flammable liquids at retail have failed, and therefore, senior citizens
and the disabled must pay the higher costs of full service;
(7) Exposure to toxic fumes represents a health hazard to customers
dispensing Class 1 flammable liquids;
(8) The hazard described in subsection (7) of this section is
heightened when the customer is pregnant;
(9) The exposure to Class 1 flammable liquids through dispensing
should, in general, be limited to as few individuals as possible, such as
gasoline station owners and their employees or other trained and
certified dispensers;
(10) The typical practice of charging significantly higher prices
for full-service fuel dispensing in states where self-service is
permitted at retail:
(a) Discriminates against customers with lower incomes, who are
under greater economic pressure to subject themselves to the
inconvenience and hazards of self-service;
(b) Discriminates against customers who are elderly or handicapped
who are unable to serve themselves and so must pay the significantly
higher prices; and
(c) Increases self-service dispensing and thereby decreases
maintenance checks by attendants, which results in neglect of
maintenance, endangering both the customer and other motorists and
resulting in unnecessary and costly repairs;
(11) The increased use of self-service at retail in other states
has contributed to diminishing the availability of automotive repair
facilities at gasoline stations;
(12) Self-service dispensing at retail in other states does not
provide a sustained reduction in fuel prices charged to customers;
(13) A general prohibition of self-service dispensing of Class 1
flammable liquids by the general public promotes public welfare by
providing increased safety and convenience without causing economic harm
to the public in general;
(14) Self-service dispensing at retail contributes to unemployment,
particularly among young people;
(15) Self-service dispensing at retail presents a health hazard and
unreasonable discomfort to the handicapped, to elderly persons, small
children and those susceptible to respiratory diseases;
(16) The federal Americans with Disabilities Act, Public Law
101-336, requires that equal access be provided to disabled persons at
retail gasoline stations; and
(17) Small children left unattended when customers leave to make
payment at retail self-service stations creates a dangerous situation.
[1991 c.863 §49a; 1999 c.59 §160]The installation and use of
coin-operated dispensing devices for Class 1 flammable liquids and the
dispensing of Class 1 flammable liquids by self-service, are declared
hazardous. [Amended by 1959 c.73 §1]An owner, operator or employee of a
filling station, service station, garage or other dispensary where Class
1 flammable liquids, except aviation fuels, are dispensed at retail may
not permit any person other than the owner, operator or employee to use
or manipulate any pump, hose, pipe or other device for dispensing the
liquids into the fuel tank of a motor vehicle or other retail container.
[Amended by 2001 c.285 §1]An owner,
operator or employee of a filling station, service station, garage or
other dispensary where Class 1 flammable liquids, except aviation fuels,
are dispensed at retail may not install or use or permit the use of:
(1) A coin-operated or self-service dispensing device for the
liquids.
(2) A device that permits the dispensing of the liquids when the
hand of the operator of the discharge nozzle is removed from the control
lever, except one equipped with an automatic nozzle of a type that has
been approved by the State Fire Marshal and that has a latch-open device
as an integral part of the assembly, capable of shutting off the flow of
the liquids reliably when the tank is filled or when the nozzle falls or
slips from the filling neck of the tank. A person may not use an
automatic nozzle to dispense the liquids unless the owner, operator or
employee is in the immediate vicinity of the tank being filled. [Amended
by 1959 c.73 §2; 2001 c.285 §2]Notwithstanding ORS 480.330 and 480.340, the owner,
operator or employee of a dispensing facility may permit nonretail
customers other than the owner, operator or employee to use or manipulate
at the dispensing facility a card activated or key activated device for
dispensing Class 1 flammable liquids into the fuel tank of a motor
vehicle or other container under the following conditions:
(1) The owner or operator shall hold a current nonretail facility
license issued by the State Fire Marshal under ORS 480.350;
(2) After April 1, 1992, a nonretail customer shall purchase at
least 900 gallons of Class 1 flammable liquids or diesel fuel from any
source during a 12-month period or, if the amount of such liquids or fuel
purchased is less than 900 gallons annually, file documentation that:
(a) The fuel qualifies as a deductible farming expense on the
customer’s federal income tax return; or
(b) The fuel was purchased by a governmental agency providing fire,
ambulance or police services;
(3) The nonretail customer shall provide a federal employer
identification number or equivalent documentation to indicate
participation in a business or employment with a government agency or
nonprofit or charitable organization;
(4) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids shall be employed by a business,
government agency or nonprofit or charitable organization and shall
dispense Class 1 flammable liquids only into the fuel tank of a motor
vehicle or other container owned or used by the business, government
agency or nonprofit or charitable organization;
(5) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids shall have satisfied
safety training requirements in compliance with rules of the State Fire
Marshal; and
(6) The owner or operator shall enter into a written agreement with
nonretail customers permitted under this section to dispense fuel at the
nonretail facility. Except as otherwise provided in ORS 480.355, the
agreement shall at a minimum:
(a) Certify that the nonretail customer will purchase at least 900
gallons of Class 1 flammable liquids or diesel fuel from any source
during a 12-month period or, if the amount of such liquids or fuel
purchased is less than 900 gallons annually, file documentation that:
(A) The fuel qualifies as a deductible farming expense on the
customer’s federal income tax return; or
(B) The fuel was purchased by a governmental agency providing fire,
ambulance or police services;
(b) Provide a federal employer identification number or equivalent
documentation to indicate participation in a business or employment with
a government agency or nonprofit or charitable organization;
(c) Certify that the nonretail customer is employed by a business,
government agency or nonprofit or charitable organization and that the
nonretail customer shall dispense Class 1 flammable liquids only into the
fuel tank of a motor vehicle or other container owned or used by the
business, government agency or nonprofit or charitable organization;
(d) Certify that the nonretail customer has satisfied safety
training requirements in compliance with rules of the State Fire Marshal;
and
(e) Require the nonretail customer to submit a sworn statement, as
defined in ORS 162.055, that the information supplied in the agreement is
true and correct. [1991 c.863 §50; 1993 c.469 §7; 2001 c.328 §1]Notwithstanding ORS 480.330 and 480.340, during an
emergency as defined in ORS 401.025, the owner, operator or employee of a
dispensing facility may permit nonretail customers, other than the owner,
operator or employee, to use or manipulate at the dispensing facility a
card activated or key activated device for dispensing Class 1 flammable
liquids into the fuel tank of a vehicle or other container if:
(1) The owner or operator holds a current nonretail facility
license issued by the State Fire Marshal under ORS 480.350;
(2) The fuel is dispensed to an emergency service agency as defined
in ORS 401.025 or to an entity authorized by an emergency service agency
to provide services during an emergency;
(3) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids is an emergency service worker as
defined in ORS 401.025 or an owner or employee of the entity authorized
by the emergency service agency to provide services during an emergency
and dispenses Class 1 flammable liquids only into the fuel tank of a
vehicle or other container owned and used by the emergency service agency
or the entity authorized by that agency to provide services during an
emergency; and
(4) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids satisfies safety training
requirements in compliance with rules of the State Fire Marshal. [1999
c.456 §2]
(1) As used in this section, “motorcycle” has the meaning given that term
in ORS 801.365.
(2) Notwithstanding ORS 480.330 and 480.340:
(a) Upon the request of an operator of a motorcycle, the owner,
operator or employee of a filling station, service station, garage or
other dispensary where Class 1 flammable liquids are dispensed at retail
shall set the fuel dispensing device and hand the discharge nozzle to the
operator of the motorcycle.
(b) An operator of a motorcycle who is handed a discharge nozzle
under paragraph (a) of this subsection:
(A) May dispense Class 1 flammable liquids into the operator’s
motorcycle.
(B) Shall, after dispensing the liquids, return the discharge
nozzle to the owner, operator or employee.
(3) The owner, operator or employee who is handed the discharge
nozzle shall return the nozzle to the pump or take any other actions
necessary to ensure safe completion of the fueling operation. [2001 c.344
§2]Note: 480.349 was added to and made a part of 480.315 to 480.385 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) Except as
provided in ORS 480.355, a nonretail facility shall not operate without a
license issued under this section.
(2) The State Fire Marshal shall issue a nonretail facility license
to a person if the person submits an application to the State Fire
Marshal on a form approved by the State Fire Marshal for each nonretail
facility and the application includes:
(a) A statement that the applicant will comply with the
requirements of ORS 480.345;
(b) A copy of the form that will be used by the applicant as the
agreement required under ORS 480.345 between the applicant and nonretail
customers permitted to dispense fuel at the nonretail facility;
(c) A sworn statement, as defined in ORS 162.055, that information
supplied in the application is true and correct; and
(d) An application fee of $250.
(3) The applicant for a nonretail facility license shall bear the
burden of proof that the requirements of this section and of any rules of
the State Fire Marshal adopted to implement this section are satisfied.
(4) In addition to any license or renewal fees, a licensee shall
pay an annual fee of $5 for each nonretail customer that enters into a
written agreement with the owner or operator of the nonretail facility
under ORS 480.345.
(5) A license issued under this section shall be valid for a period
of one year from the date of issuance.
(6) A license may be renewed upon payment to the State Fire Marshal
of an annual license renewal fee of $250.
(7) All fees received by the State Fire Marshal pursuant to this
section shall be deposited with the State Treasurer and shall be placed
in the State Fire Marshal Fund. [1991 c.863 §51; 1995 c.79 §292](1) Notwithstanding ORS 480.345, upon
application from the owner or operator of a nonretail facility, the State
Fire Marshal may issue a conditional use license under which the
nonretail facility may permit persons who are not qualified as nonretail
customers under ORS 480.345 (2) to (4) to dispense Class 1 flammable
liquids at a nonretail facility.
(2) In issuing a conditional use license, the State Fire Marshal
may waive the nonretail customer requirements of ORS 480.345 (2) to (4),
but may not waive safety training requirements contained in ORS 480.345.
(3) The State Fire Marshal may issue a conditional use license
under this section if the State Fire Marshal determines that:
(a) There is no facility where Class 1 flammable liquids are
dispensed by attendants at retail within seven miles of the nonretail
facility, and other undue hardship conditions exist, as may be determined
by the State Fire Marshal by rule; or
(b) The nonretail facility exists on property used as a private,
nonprofit golf club not open to the general public and the private,
nonprofit golf club members who are not qualified as nonretail customers
use the nonretail facility only for the fueling of vehicles that are used
exclusively on the property of the private, nonprofit golf club and are
not designed for highway use.
(4) The State Fire Marshal shall consider comments of local
residents or local government bodies to determine if undue hardship
exists.
(5) The provisions of ORS 480.345 and 480.350 apply to a license
application made under this section, except those provisions whose
applicability is waived by the State Fire Marshal under this section.
(6) The applicant for a conditional use license shall bear the
burden of proof that the requirements of this section and of any rules of
the State Fire Marshal adopted pursuant to this section are satisfied.
(7) The State Fire Marshal shall investigate any application made
under this section and hold at least one public hearing to determine if
the conditional use license should be issued. The State Fire Marshal may
waive the requirement for a hearing if the application for a conditional
use license is made by a private, nonprofit golf club.
(8) Any person who makes application as provided for in this
section, and whose application is denied, shall be entitled to a hearing
upon request. The hearing shall be conducted as a contested case hearing
pursuant to the applicable provisions of ORS 183.413 to 183.470.
(9) Judicial review of an order made after a hearing under
subsection (7) of this section shall be as provided in ORS 183.480 to
183.497 for judicial review of contested cases. [1991 c.863 §56; 1995
s.s. c.3 §35; 1996 c.11 §2; 1997 c.463 §1; 1999 c.95 §1; 2001 c.104 §220;
2001 c.285 §3] Any
person who was a customer of a facility that is issued a license under
ORS 480.350 and was a customer on and since June 30, 1991, and who
qualifies as a nonretail customer under the provisions of ORS 480.345,
shall be exempt from the gallonage requirements set forth in ORS 480.345
(2). [1991 c.863 §50a]In accordance with ORS chapter 183, the
State Fire Marshal may revoke or suspend or may refuse to issue or renew
a nonretail facility license if the State Fire Marshal finds that an
applicant or a person to whom the license was issued:
(1) Falsified the application for the license; or
(2) Failed to comply with any provision of ORS 480.315 to 480.385
or any applicable rule adopted by the State Fire Marshal. [1991 c.863 §52]
(1) The State Fire Marshal may issue subpoenas to compel the production
of records, documents, books, papers, memoranda or other information
necessary to determine compliance with any provision of ORS 480.315 to
480.385 or any rule adopted by the State Fire Marshal.
(2) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of any
county, on application of the State Fire Marshal, shall compel obedience
by proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from the circuit court. [1991 c.863 §54](1) The State Fire Marshal shall
conduct an annual safety inspection at all nonretail and dual operations
facilities dispensing Class 1 flammable liquids to determine if the
facility is operating in compliance with the provisions of ORS 480.315 to
480.385 or of any applicable rule adopted by the State Fire Marshal.
(2) The State Fire Marshal shall conduct annual audits of at least
five percent of all nonretail accounts to determine if nonretail
facilities are in compliance with the provisions of ORS 480.315 to
480.385 and any applicable rule adopted by the State Fire Marshal.
(3) The State Fire Marshal shall have the same authority to enter
into all buildings and upon all dispensing facilities for the purpose of
inspection as is specified in ORS chapter 476 relating to inspection of
fire hazards.
(4) Upon receiving a complaint, or upon the State Fire Marshal’s
own motion, the State Fire Marshal shall investigate whether a violation
of any provision of ORS 480.315 to 480.385 or of any applicable rule of
the State Fire Marshal has occurred. [1991 c.863 §53] In accordance with applicable provisions of ORS
chapter 183, the State Fire Marshal, in consultation with the Department
of Environmental Quality, shall adopt rules:
(1) Necessary for the administration of ORS 480.315 to 480.385;
(2) Establishing standards for the design, construction, location,
installation and operation of retail, automated or dual operations
equipment for storing, handling and dispensing Class 1 flammable liquids
at any dispensing facility; and
(3) Establishing standards for public and environmental safety in
the operation of nonretail facilities and establishing safety training
requirements for nonretail customers authorized to dispense Class 1
flammable liquids at nonretail facilities. [1991 c.863 §57] (1)
The State Fire Marshal may impose a civil penalty not to exceed $500 for
each violation of any provision of ORS 480.315 to 480.385 or of any
applicable rule adopted by the State Fire Marshal.
(2) A civil penalty imposed under this section shall become due and
payable 10 days after the order imposing the civil penalty becomes final
by operation of law or on appeal. A person against whom a civil penalty
is to be imposed shall be served with a notice in the form provided in
ORS 183.415. Service of the notice shall be accomplished in the manner
provided by ORS 183.415.
(3) The person to whom the notice is addressed shall have 20 days
from the date of service of the notice provided for in subsection (2) of
this section in which to make written application for a hearing. If no
application for a hearing is made, the State Fire Marshal may make a
final order imposing the penalty.
(4) Any person who makes application as provided for in subsection
(3) of this section shall be entitled to a hearing. The hearing shall be
conducted as a contested case hearing pursuant to the applicable
provisions of ORS 183.413 to 183.470.
(5) Judicial review of an order made after a hearing under
subsection (4) of this section shall be as provided in ORS 183.480 to
183.497 for judicial review of contested cases.
(6) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of penalty
is not paid within 10 days after the order becomes final, the order may
be recorded with the county clerk in any county of this state. The clerk
shall thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.
(7) All amounts recovered under this section shall be deposited
with the State Treasurer and shall be placed in the State Fire Marshal
Fund. [1991 c.863 §55] (1) As used in this
section, “nonretail facility” has the meaning given that term in ORS
480.310.
(2) A person may not construct or install a nonretail facility that
dispenses aviation fuels at an airport unless the Director of the Oregon
Department of Aviation permits the facility.
(3) The director may not permit the construction or installation of
a nonretail facility unless the airport owner permits the facility.
(4) The director shall by rule establish a procedure to give
permission for nonretail facilities that dispense aviation fuels at
airports. [2001 c.285 §4]Note: 480.390 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 480 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.LIQUID PETROLEUM GASAs used in ORS 480.420 to 480.460, “LP gas” or
“liquid petroleum gas” means any liquid composed predominately of any of
the following hydrocarbons or mixtures of the same: Propane, propylene,
butanes (normal butane or isobutane) and butylenes. [Amended by 1957
c.712 §1](1) The State Fire
Marshal shall make, promulgate and enforce regulations establishing
minimum general standards for the design, construction, location,
installation and operation of equipment for storing, handling,
transporting by tank truck or tank trailer and utilizing liquid petroleum
gases and specifying the degree of odorization of the gases, and shall
establish standards and rules for the issuance, suspension and revocation
of licenses and permits provided in ORS 480.410 to 480.460.
(2) The regulations required shall be such as are reasonably
necessary for the protection of the health, welfare and safety of the
public and of persons using or handling such materials, and shall be in
substantial conformity with the generally accepted standards of safety
relating to the same matter. Regulations in substantial conformity with
the published standards of the National Fire Protection Association
pamphlet No. 58 and pamphlet No. 59 for the design, installation and
construction of containers and equipment thereto pertaining, for the
storage and handling of liquefied petroleum gases, including utility gas
plants, as recommended by the National Fire Protection Association, and
the published standards of the National Fire Protection Association
pamphlet No. 54 for liquefied petroleum gas piping and appliance
installations in buildings, shall be deemed to be in substantial
conformity with the generally accepted standards of safety relating to
the same subject matter. [Amended by 1957 c.712 §2; 1961 c.477 §1; 1967
c.417 §26]No person other than the owner of the container or receptacle
and those authorized by the owner so to do, shall sell, fill, refill,
deliver or permit to be delivered or used in any manner any liquefied
petroleum gas container or receptacle for any gas or compound or for any
other purpose. [Amended by 1965 c.602 §25] (1) A person may not engage
in or work at the business of installing, extending, altering or
repairing any LP gas appliance or piping, vent or flue connection
pertaining to or in connection with LP gas installations within the
state, either as employer or individual, unless the person has received
an LP gas installation license from the State Fire Marshal in accordance
with ORS 480.410 to 480.460.
(2) A person may not do any LP gas fitting or gas venting work,
install, repair or remodel any piping or venting or do any installation,
repair service, connection or disconnection of any LP gas appliance that
is subject to inspection under ORS 480.410 to 480.460 unless the person
has received an LP gas fitter license from the State Fire Marshal in
accordance with ORS 480.410 to 480.460.
(3) A person may not operate any LP gas delivery equipment
installed on a motorized vehicle unless the person has received an LP gas
truck equipment license from the State Fire Marshal in accordance with
ORS 480.410 to 480.460.
(4) Any person under the terms of this section who is required to
have an LP gas fitter or LP gas truck equipment license is also required
to have an LP gas installation license, unless the person is an employee
of an employer who has an LP gas installation license as provided by this
section.
(5) A person who holds a valid journeyman plumber license under ORS
693.060 or who is in an approved journeyman plumber apprenticeship
established under ORS 660.002 to 660.210 is exempt from the licensing
requirements of subsections (1) and (2) of this section, except that the
apprentice or journeyman plumber may not install an LP gas tank or make
any connection to an LP gas tank unless the apprentice or journeyman
plumber is licensed as required under this section.
(6) A person who holds a license issued by the Department of
Consumer and Business Services under ORS 480.630 of a class that
authorizes the person to fabricate, install, alter or repair pressure
piping and to install boilers and pressure vessels by attachment of
piping connector is exempt from the licensing requirements of subsections
(1) and (2) of this section, except that the person may not install an LP
gas tank or make any connection to an LP gas tank unless the person is
licensed as required under this section.
(7) Subsections (1) to (4) of this section do not apply to LP gas
installations in a manufactured dwelling or recreational vehicle
performed during the construction of the manufactured dwelling or
recreational vehicle, or the alteration or repair of an LP gas
installation in a manufactured dwelling or recreational vehicle made
pursuant to the manufacturer’s warranty. [1957 c.712 §4; 1967 c.417 §27;
1999 c.558 §4; 1999 c.852 §1; 2001 c.104 §221; 2003 c.652 §1; 2005 c.758
§34]Note: The amendments to 480.432 by section 34, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
(1) The State Fire Marshal shall examine applicants
for licenses required under ORS 480.410 to 480.460 as to their knowledge
of LP gas, its properties, related equipment and applicable safety
regulations. An applicant for examination must submit an examination
application, accompanied by an examination fee of $40, prior to the
examination.
(2) LP gas fitters and drivers must be examined and obtain a
license after not more than a 60-day probationary period of on-the-job
training under licensed supervision.
(3) The State Fire Marshal shall examine LP gas installation
license applicants regarding the applicable code and statutory
responsibilities. The successful examination of one member of a firm or
executive of a corporation at each business or dealership location
fulfills the examination requirement on behalf of the firm or
corporation. Each LP gas business or dealership location must obtain an
LP gas installation license.
(4) If satisfied that the applicant has the requisite knowledge,
the State Fire Marshal shall issue the appropriate license or licenses to
the applicant, as provided in ORS 480.410 to 480.460. [1957 c.712 §5;
1967 c.417 §28; 1987 c.346 §1; 2003 c.652 §2]In accordance with ORS chapter 183, the State Fire Marshal may
revoke or suspend or may refuse to issue or renew a license required
pursuant to ORS 480.410 to 480.460, or may place the licensee in a
probationary status subject to specified conditions, if the State Fire
Marshal finds that the person to whom the license was issued:
(1) Deliberately falsified the application form for the LP gas
license or examination;
(2) Has committed a violation of ORS 162.305;
(3) Failed to comply with any provision of ORS 480.410 to 480.460,
or any rule adopted pursuant thereto; or
(4) Failed to maintain the status required under ORS 480.434. [1987
c.346 §3] (1)
The annual fee for the LP gas installation license is $85.
(2) The biennial fee for an LP gas fitter license or an LP gas
truck equipment license is $15.
(3) All licenses must be renewed on or before a date specified by
the State Fire Marshal. Unless revoked or suspended by the State Fire
Marshal for failure to comply with the provisions of ORS 480.410 to
480.460, an LP gas installation license continues in force for one year
from the date of issuance and is not transferable. An LP gas fitter
license or an LP gas truck equipment license continues in force for two
years from the date of issuance and is not transferable. The State Fire
Marshal, by rule, may establish a system for staggered license expiration
dates that includes prorated fees for periods of less than one year for
an LP gas installation license and less than two years for an LP gas
fitter license or an LP gas truck equipment license.
(4) If the fees provided for in this section are due and payable
and are not paid within 30 days after service of written notice by the
State Fire Marshal therefor, the fees are delinquent and a penalty equal
to the greater of 10 percent of the license fee amount or $15 is imposed
for the delinquency. [1957 c.712 §6; 1967 c.417 §29; 1973 c.832 §15; 1993
c.115 §1; 1995 c.79 §293; 1999 c.558 §1; 2003 c.652 §3] The State Fire
Marshal shall annually inspect an installation of storage tanks located
at dealers’ plants. The State Fire Marshal may annually inspect an
installation of tanks used for delivery purposes. The State Fire Marshal
shall collect a fee of $100 for each plant inspection and $24 for each
delivery unit inspection. [Amended by 1953 c.228 §4; 1957 c.712 §7; 1967
c.417 §30; 1973 c.832 §16; 1999 c.558 §2; 2003 c.652 §4](1) The regulation of liquid petroleum gas
containers or receptacles by the State Fire Marshal pursuant to ORS
480.410 to 480.460 is not a program affecting land use under ORS 197.180.
(2) A local government may not regulate the siting, installation,
maintenance or removal of a liquid petroleum gas container or receptacle
regulated by the State Fire Marshal pursuant to ORS 480.410 to 480.460,
except as provided in subsection (3) of this section or ORS 480.450 (7).
(3) A local government may:
(a) Regulate the siting and installation of a liquid petroleum gas
container or receptacle with a capacity of more than 1,200 gallons or a
group of containers and receptacles with an aggregate capacity of more
than 4,000 gallons to protect the public health and safety.
(b) Regulate the siting and installation of liquid petroleum gas
containers or receptacles in a flood plain regulated by local ordinance.
(c) Regulate the siting and installation of liquid petroleum gas
containers or receptacles that are not accessory to an authorized or
authorizable land use.
(d) Prohibit the siting and installation of liquid petroleum gas
containers or receptacles of specified types or sizes in specific zones
within an urban growth boundary to protect the public health and safety.
(e) Regulate, through the local government’s assistant to the State
Fire Marshal as described in ORS 476.060, the placement of liquid
petroleum gas containers or receptacles for the purpose of fire
prevention. [2005 c.88 §2]Note: 480.445 was added to and made a part of 480.410 to 480.460 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) The installer shall notify the State Fire
Marshal, before the last day of each month, of all new installations made
during the preceding month of containers or receptacles for liquid
petroleum gas, including installations for private homes and apartments.
The installer shall certify on a form provided by the State Fire Marshal
that all of the new installations are duly and properly reported. The
State Fire Marshal may require that the notification include the location
and description of the installation and the name of the user. All fees
due and payable must accompany the notification. The replacement of empty
containers or receptacles with other containers constructed in accordance
with Interstate Commerce Commission specifications is not a new
installation or change in the original installation that requires
notification to the State Fire Marshal or necessitates further inspection
of the installation. The State Fire Marshal shall collect from the
installer an installation fee of $35 for each tank installed or for all
tanks at the installation if the total combined capacity is 200 gallons
or less. The State Fire Marshal or deputies of the fire marshal or
assistants shall inspect a reasonable number of the installations and
maintain a record of the inspections in the office of the State Fire
Marshal.
(2) In addition to any installation or inspection fee, the State
Fire Marshal may charge a plan review fee, not to exceed $100, for any
liquid petroleum gas container and receptacle plan review required under
a uniform fire code prescribed by the State Fire Marshal by rule.
(3) After the initial installation, liquid petroleum gas containers
may be inspected once every 10 years except when changes have been made
in the original installation. An installer making changes must notify the
State Fire Marshal of the changes in the same manner provided in this
section for new installations. The State Fire Marshal shall collect from
the owner a fee of $35 for the inspection of each container. The manner
of inspection, requirement of corrections, satisfaction of requirements
and collection of fees due and payable must conform with the provisions
of ORS 480.410 to 480.460 for new installations. Upon request of the
State Fire Marshal, LP gas installation licensees shall furnish a list of
the locations of 10-year old installations that they service.
(4) If, upon inspection of any tank, the new installation does not
comply with the requirements of the State Fire Marshal, the State Fire
Marshal shall instruct the installer as to what corrections are necessary
for compliance with the State Fire Marshal’s requirements. The installer
of the new installation shall, within the time set by the State Fire
Marshal, not to exceed 60 days after notification, notify the State Fire
Marshal that the new installation complies with the requirements of the
fire marshal. If the installer fails to notify the State Fire Marshal, or
the State Fire Marshal has reason to believe that the corrections have
not been made, the State Fire Marshal shall reinspect the new
installation and shall collect from the installer an additional fee of
$24. The user, not the installer, shall pay the additional fee resulting
from actions of the user that require correction to achieve compliance
with the requirements of the State Fire Marshal.
(5) A person who receives notice from the State Fire Marshal must
correct any improper installation within the time set by the State Fire
Marshal, not to exceed 60 days after receipt of the notice.
(6) If the fees provided for in this section are due and payable
and are not paid within 30 days after service of written notice by the
State Fire Marshal therefor, or if the installer fails to notify the
State Fire Marshal by the last day of the month succeeding the month a
new installation is made or a change is made requiring an inspection, the
fees are delinquent and a penalty equal to the greater of 10 percent of
the fee amount or $15, is imposed for the delinquency. The State Fire
Marshal shall collect all fees and penalties in the name of the State of
Oregon in the same manner that other debts are collected.
(7) The provisions of this section do not apply to liquid petroleum
gas installations if made entirely within the jurisdiction of a
governmental subdivision granted the exemption provided by ORS 476.030
(3) and written evidence of the licensing of the installation by the
approved authority is submitted to the State Fire Marshal. The provisions
of this section do not apply to LP gas installations made in manufactured
dwellings or recreational vehicles that are constructed or altered in
accordance with applicable rules of the Department of Consumer and
All fees received by the State Fire
Marshal under ORS 480.200 to 480.290 and 480.410 to 480.460 shall be paid
by the fire marshal to the State Treasurer monthly and shall constitute
and be an appropriation available for the payment of salaries and
expenses of deputies and clerical and other assistants of the State Fire
Marshal. [Formerly part of 480.450; 1973 c.832 §18]BOILERS AND PRESSURE VESSELSORS 480.510 to 480.670 may be cited as the
Boiler and Pressure Vessel Law. [1961 c.485 §1; 1969 c.582 §1; 1983 c.676
§2] As used in ORS
480.510 to 480.670, unless the context requires otherwise:
(1) “Board” means the Board of Boiler Rules created under ORS
480.535.
(2) “Boiler” or “boilers” means:
(a) A closed vessel or vessels intended for the heating or
vaporizing of liquids to be used externally to such vessel or vessels by
the application of heat from combustible fuels, electricity or nuclear
energy;
(b) Related appurtenances including but not limited to pressure
piping directly connected and related to the safe operation of a boiler;
and
(c) Pressure piping consisting of boiler or nonboiler external
piping connected to a boiler, but not potable water nonboiler external
piping.
(3) “Boiler external piping” has the meaning given the term in the
1986 Pressure Piping Code B 31.1, adopted by the American Society of
Mechanical Engineers.
(4) “Certificate of competency” means a certificate issued under
the provisions of ORS 480.565 (3).
(5) “Department” means the Department of Consumer and Business
Services.
(6) “Director” means the Director of the Department of Consumer and
Business Services.
(7) “Minimum safety standards” means the rules, regulations,
formulae, definitions and interpretations for the safe construction,
installation, operation and repair of boilers and pressure vessels either
adopted by ORS 480.510 to 480.670 or adopted by the board, under ORS
480.510 to 480.670.
(8) “Nonboiler external piping” has the meaning given the term in
the 1986 Pressure Piping Code B 31.1, adopted by the American Society of
Mechanical Engineers.
(9) “Permit” means a card issued by the department authorizing the
operation of a vessel but the permit does not signify that the vessel has
been inspected or meets minimum safety standards until an actual
inspection has been made and no deviation from the minimum safety
standards exists.
(10) “Pressure vessel” means containers for the containment of
pressure, either internal or external. This pressure may be obtained from
an external source or by the application of heat from a direct or
indirect source, or any combination thereof.
(11) “Related appurtenances” means any equipment instrumental to
the safe operation of a boiler or pressure vessel.
(12) “Shop inspection” means the inspection and testing, to
determine the meeting of minimum safety standards, of boilers and
pressure vessels being manufactured, altered, repaired or installed or in
the process of manufacture, alteration, repair or installation in the
shop or on the job site. [1961 c.485 §3; 1969 c.582 §2; 1971 c.753 §58;
1973 c.830 §1; 1983 c.676 §3; 1987 c.414 §35; 1991 c.518 §2; 1993 c.744
§142] The purpose of ORS
480.510 to 480.670 is to protect the safety of the people of Oregon and
to protect property situated in Oregon from the hazard of fires and
explosions caused by boilers and pressure vessels. To accomplish this
purpose the Legislative Assembly intends by ORS 480.510 to 480.670 to
provide a system:
(1) For determining where and by whom boilers and pressure vessels
are being constructed, installed, repaired, used and operated.
(2) To assure that only qualified persons do welding on boilers and
on pressure vessels.
(3) To assure that boilers and pressure vessels are manufactured,
installed, repaired, operated, inspected and maintained so as to meet the
minimum safety standards formulated and promulgated by the Board of
Boiler Rules.
(4) For the administration and enforcement of ORS 480.510 to
480.670 by the Department of Consumer and Business Services and the board.
(5) To defray the cost of administration and the cost of enforcing
ORS 480.510 to 480.670 by establishing fees to be charged for the issuing
of permits, for giving welding examinations, and for the making of
inspections. [1961 c.485 §2; 1969 c.583 §3; 1983 c.676 §4](1) ORS 480.510 to 480.670 do not apply to:
(a) Boilers and pressure vessels under federal safety regulations
or control.
(b) Domestic water heaters designed for heating potable water,
equipped with an approved pressure-relieving device, containing only
water and that do not exceed:
(A) Capacity of 120 gallons;
(B) Water temperature of 210 degrees Fahrenheit;
(C) Pressure of 150 pounds per square inch gauge pressure; or
(D) Heat input of 200,000 BTU per hour.
(c) Pressure vessels containing liquified petroleum gas, and which
are under the jurisdiction of the State Fire Marshal; except that the
construction and repair of such vessels shall be in compliance with ORS
480.510 to 480.670 and shall be under the jurisdiction of the Board of
Boiler Rules.
(d) Air tanks used in the operation of brakes on self-propelled
vehicles and trailers, which vehicles or trailers are used for
transporting freight or passengers.
(e) Medical sterilizers that do not exceed one and one-half cubic
feet in volume.
(f) Pressure vessels that do not exceed one and one-half cubic feet
in volume and which are not operated at gauge pressure of more than 150
pounds per square inch, equipped with a relief valve, approved under the
American Society of Mechanical Engineers code adopted by the board, set
at a maximum pressure of 150 pounds per square inch or less and located
in a place of public assembly.
(g) Pressure vessels that do not exceed five cubic feet in volume
and which are not operated at gauge pressure of more than 150 pounds per
square inch, equipped with a relief valve, approved under the American
Society of Mechanical Engineers code adopted by the board and set at a
maximum pressure of 150 pounds per square inch, or less.
(2) The following boilers and pressure vessels are exempt from ORS
480.510 to 480.670, except as to all provisions relating to construction
or installation and the inspection and fees in connection therewith:
(a) Boilers which are not operated at gauge pressures of more than
15 pounds per square inch and which are located on farms and used solely
for agricultural purposes except when used in connection with a
greenhouse.
(b) Air tanks located on farms and used solely for agricultural
purposes.
(c) Any boiler or pressure vessel which is used in a single private
residence shall have an installation inspection and be provided with a
permit to operate but shall be exempt from subsequent inspection required
in ORS 480.560 (1)(a) to (d).
(d) Pressure vessels being operated at gauge pressures of less than
15 pounds per square inch and which are equipped with a pressure relief
device set to open at a pressure no greater than the pressure vessel’s
maximum allowed working pressure, but in no case shall the gauge pressure
exceed 15 pounds per square inch.
(3) If the board, upon presentation of satisfactory evidence,
determines that jeopardy to health and safety is evident in any vessel or
class of vessels subject to subsection (1)(f) of this section, the board
may require that the vessel or class of vessels be inspected or
reinspected, subject to fees or construction requirements or any other
requirements of ORS 480.510 to 480.670. [1961 c.485 §11; 1967 c.447 §1;
1969 c.582 §4; 1973 c.830 §2; 1983 c.676 §5; 1985 c.398 §1; 1987 c.847
§1; 1991 c.518 §6; 1999 c.713 §1] The Department of Consumer
and Business Services may:
(1) Where it appears that a person is engaging in or is about to
engage in an act or practice in violation of any provision of ORS 480.510
to 480.670, obtain without furnishing a bond, a restraining order and
injunction from the circuit court in the county where the act or practice
is occurring, or is threatened, enjoining the act or practice. However,
before obtaining a restraining order and injunction, unless the act or
practice constitutes an immediate threat to health and safety, the
department shall first notify the person concerned of its intentions. The
notice shall be in writing and shall advise the person concerned of its
intentions and shall advise the person concerned of the right to appeal
in writing within 10 days and that the appeal will be heard by the Board
of Boiler Rules. In case there is a timely request for an appeal,
proceedings will be stayed pending the appeal, unless the act or practice
constitutes an immediate menace to health or safety or the person
concerned fails to prosecute the appeal with diligence.
(2) Keep a complete record of the types, dimensions, maximum
allowable working pressures, age, location and date of the last recorded
inspection of all boilers and pressure vessels to which ORS 480.510 to
480.670 apply.
(3) Publish and distribute copies of the rules and regulations.
(4) Check or caused to be checked the authenticity, appropriateness
and expiration dates of licenses and certificates issued under ORS
480.510 to 480.670.
(5) Administer written, oral or practical examinations to all
applicants for certification as chief inspector, deputy inspector or
special inspector under ORS 480.565. [1961 c.485 §13; 1969 c.582 §5; 1971
c.753 §59; 1983 c.676 §6; 1991 c.518 §3](1) The Board of Boiler Rules is established in the
Department of Consumer and Business Services. The Governor shall appoint
the board, which shall formulate and promulgate rules under ORS 480.510
to 480.670 for the safe construction, installation, inspection,
operation, maintenance and repair of boilers and pressure vessels in this
state and review determinations made by its staff concerning boilers and
pressure vessels.
(2) Eleven persons shall constitute the board, consisting of:
(a) One person who is an owner and user or who is a representative
and employee of an owner and user of a high pressure boiler in Oregon and
who has had practical experience with high pressure boilers;
(b) One person who is a manufacturer or who is a representative and
employee of a manufacturer of boilers or of pressure vessels in Oregon;
(c) One person who is regularly engaged in the inspection of
boilers and pressure vessels and who is employed by an insurer who may
and does write policies of boiler and pressure vessels explosion
insurance in Oregon;
(d) One person who is a mechanical engineer registered by the State
of Oregon;
(e) One person who is a boilermaker;
(f) One person who is the owner and user or who is a representative
and employee of an owner and user of a low pressure boiler in Oregon;
(g) One person who is the owner and user or who is a representative
and employee of an owner and user of a pressure vessel in Oregon and who
has had practical experience with pressure vessels;
(h) One person who is an owner or employee of a business engaged in
the installation and repair of boilers;
(i) One person who is a steamfitter;
(j) One person who is a practical steam operating engineer; and
(k) One person who is a member of the public not otherwise eligible
for appointment to the board.
(3) A member of the board who does not continue to meet the
qualifications for board membership under subsection (2) of this section
during the member’s term may not be appointed to a subsequent term.
(4) The appointment of a member of the board is subject to
confirmation by the Senate pursuant to section 4, Article III of the
Oregon Constitution. [1961 c.485 §4; 1969 c.582 §6; 1971 c.753 §60; 1983
c.676 §7; 1991 c.518 §1; 1993 c.744 §142a; 2001 c.512 §1](1) The term of office of a member is four years and no member
shall be eligible for appointment to more than two full terms of office.
A member shall continue to serve until a successor has been appointed and
qualified. Vacancies shall be filled by appointment for the unexpired
term.
(2) In addition to ORS 480.545 and 480.615, the Board of Boiler
Rules shall be governed by the following rules:
(a) The board shall meet not less than four times a year.
(b) The chief inspector shall serve without a vote as secretary of
the board.
(c) The Governor may remove any member of the board for cause.
(3) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495. [1961 c.485 §5; 1969 c.314 §54; 1983
c.676 §8; 1993 c.744 §143] (1) Under ORS
chapter 183 the Board of Boiler Rules may adopt and enforce rules and
minimum safety standards to carry out ORS 480.510 to 480.670 and adopt
standards for persons performing welding on boilers and pressure vessels.
(2) All proceedings in the administration of ORS 480.510 to 480.670
shall be conducted under ORS chapter 183 and, additionally, where
applicable, under ORS 480.615.
(3) In addition to the rules otherwise provided, and subject to ORS
chapter 183, the board shall adopt rules concerning the times, dates,
frequency and manner of giving notice to interested persons of intention
to consider one or more of the things which the board may consider under
this section.
(4) All rules and minimum safety standards adopted under this
section shall be reasonable and in substantial conformity with generally
accepted nationwide engineering standards. In adopting rules the board
shall consider the probability, extent and gravity of injuries to health
and property which would result from the failure to adopt the standards
being considered and the standards followed, proposed or approved by
members of affected industries.
(5) The board, by rule, shall adopt fees necessary for the
administration and enforcement of the continuing education requirement
under ORS 480.630.
(6) Any rule adopted by the board under ORS 480.510 to 480.670
shall be submitted to the Director of Department of Consumer and Business
Services. The director shall have 30 calendar days from the date of
adoption of the rules to review them. If the director fails to disapprove
the rules within the 30-day period, the rules become effective in
accordance with their terms and as provided by law. If the director
disapproves the rules within the 30-day period, the rules immediately
shall be returned to the board with the director’s written objections,
and the rules do not become effective until approved by the director.
[1961 c.485 §7; 1969 c.582 §7; 1983 c.676 §9; 1991 c.518 §4; 2001 c.678
§1](1) Until different rules are
adopted, there is adopted as the minimum safety standards for boilers and
pressure vessels the published codification of standard engineering
practices and formulae known as the “Boiler and Pressure Vessel Code of
the American Society of Mechanical Engineers,” together with the
published revisions and interpretations thereof in effect as of January
1, 1969.
(2) Any vessel in use on July 1, 1961, or in use on the effective
date of any adoption of different rules, shall be deemed to meet the
minimum safety standards so long as the same use continues and no change
occurs which would reduce the safety of its operation. Provided that if
the Board of Boiler Rules finds that there is a variation from the
minimum safety standards which is dangerous to health or safety, it may
order that all vessels having a like variation be brought into conformity
with the rules created under this section, or adopted after July 1, 1961,
without variation.
(3) The Board of Boiler Rules shall adopt minimum safety standards
for pressure piping substantially equal to the published codification of
standard engineering practices and formulae known as the “Code for
Pressure Piping” of the American Society of Mechanical Engineers,
numbered B 31.1, B 31.3, B 31.5, B 31.7 and B 31.9 together with the
published revisions and interpretations thereof. [1961 c.485 §8; 1969
c.582 §8; 1973 c.830 §3; 1983 c.676 §9a; 1999 c.823 §1]
(1) Except as provided in ORS 480.525 (1), no person shall:
(a) Make or direct the construction, installation, repair or
alteration of a boiler or pressure vessel which does not meet minimum
safety standards.
(b) Lend, rent out, or offer to lend or to rent out, sell, offer
for sale, or dispose of by gift or otherwise, for operation, a boiler or
pressure vessel that does not meet the minimum safety standards.
(c) Use, or attempt to use, a boiler or pressure vessel that fails
to meet the minimum safety standards.
(d) Make any installation of a boiler or pressure vessel or repair
thereon affecting the strength or safety thereof without notifying the
chief inspector as prescribed by rules promulgated under ORS 480.545.
(2) Nothing in this section shall restrict the construction of
boilers or pressure vessels in Oregon which are installed outside Oregon
which do not conform to the provisions of ORS 480.510 to 480.670. [1961
c.485 §9; 1967 c.447 §5; 1969 c.582 §9; 1983 c.676 §10; 1991 c.518 §7]
(1) Each boiler and pressure vessel used or proposed to be used within
this state, except as exempted under ORS 480.510 to 480.670, shall be
thoroughly inspected as to its construction, installation, operation and
condition as follows:
(a) Power boilers, meaning boilers used to produce steam or vapor
at a pressure in excess of 15 pounds per square inch gauge pressure, or a
boiler used for heating liquid to a pressure in excess of 160 pounds per
square inch gauge pressure, shall be annually inspected both internally,
where construction permits, and externally while not under pressure and
shall also be annually inspected externally while under pressure.
(b) Low pressure steam or vapor heating boilers, hot water heating
boilers and hot water supply boilers shall be biennially inspected
externally, while under pressure, and internally, where construction
permits, except that cast iron heating boilers shall be inspected only
externally unless the Board of Boiler Rules has reason to believe that an
internal inspection of an individual boiler is necessary to assure safe
operation.
(c) Pressure vessels subject to internal corrosion or erosion shall
be inspected biennially both internally and externally where construction
permits.
(d) Pressure vessels, no part of which are subject to internal
corrosion or erosion shall be biennially inspected externally, except
that vessels containing anhydrous ammonia, intended for use as
fertilizer, shall be inspected externally once every three years and
fixed vessels, containing only air, not located at a place of public
assembly, not exceeding 20 cubic feet in volume and which are operated at
gauge pressures of not more than 200 pounds per square inch shall be
inspected once every five years.
(e) Pressure piping that is nonboiler external piping, but which
excludes potable water nonboiler external piping, shall be inspected on
installation only and shall not thereafter be considered as part of the
boiler for the purposes of any subsequent inspections required by this
section. Fees for such inspections shall be as provided in ORS 480.605
(1).
(2) The board, upon presentation of satisfactory evidence that
jeopardy to health and safety will not be substantially increased
thereby, may:
(a) Broaden the intervals between inspections, eliminate types of
inspections, and correspondingly reduce the fees charged where the use,
contents or construction of the vessel warrant special consideration; or
(b) Exempt additional classes of vessels to the same extent vessels
are exempted either under ORS 480.525 (1) or (2).
(3) If a hydrostatic test is necessary to determine the safety of a
boiler or pressure vessel, the test shall be made by the owner or user of
such boiler or pressure vessel and witnessed by a deputy or special
inspector.
(4) All boilers and pressure vessels to be installed in this state
after July 1, 1961, shall be inspected during construction by an
inspector authorized to inspect boilers in this state, or, if constructed
outside of the state, by an inspector holding a certificate of competency
issued by a state that has a standard of examination substantially equal
to that of this state. [1961 c.485 §17; 1969 c.582 §10; 1973 c.830 §3a;
1983 c.676 §11; 1991 c.518 §9] The
Director of Department of Consumer and Business Services shall:
(1) Appoint a chief inspector who has had practical experience in
the construction, maintenance, repair or operation of high pressure
boilers and pressure vessels as a mechanical engineer, practical steam
operating engineer, boilermaker or boiler inspector and who:
(a) Has passed a written examination which shall be confined to
questions the answers to which will aid in determining the fitness and
competency of the applicant to inspect boilers and pressure vessels; or
(b) Holds a certificate of competency as an inspector of boilers
and pressure vessels which is issued by a state which has standards of
examination equal to those of the State of Oregon and which recognizes
certificates of competency issued by the State of Oregon and has passed
an examination that assesses the applicant’s knowledge of ORS 480.510 to
480.670 and the rules adopted thereunder.
(2) Appoint deputy inspectors who shall be responsible to the chief
inspector and who shall have qualified as provided in subsection (1) of
this section, except that less practical experience shall be required.
(3) Issue a certificate of competency as a special inspector to any
individual who shall have qualified as provided in subsection (1) of this
section, except that no more practical experience shall be required than
is required of a deputy inspector, and who is continuously employed by:
(a) An insurer who may and does write policies of boiler and
pressure vessel insurance in Oregon; or
(b) Any person operating pressure vessels in this state whose
service, personnel, equipment and supervision meet the requirements
prescribed by the Board of Boiler Rules. [1961 c.485 §12; 1969 c.582 §11;
1971 c.753 §61; 1991 c.518 §13]
(1) A special inspector receiving a certificate of competency under ORS
480.565 (3)(b) shall not inspect under ORS 480.510 to 480.670 any boiler;
nor shall the special inspector inspect under ORS 480.510 to 480.634 any
pressure vessel not used or not to be used by the employer of the special
inspector.
(2) When the individual holds a certificate of competency issued
pursuant to ORS 480.565 (3)(a), a special inspector is authorized to:
(a) Conduct shop inspections of boilers and pressure vessels
manufactured or to be installed in this state whether or not such boilers
or pressure vessels are insured or will be insured by the employer of the
special inspector; and
(b) Inspect all boilers and pressure vessels insured or to be
insured by the special inspector’s employer or all pressure vessels
operated by the special inspector’s employer.
(3) A special inspector’s certificate of competency remains in
force only while the special inspector is continuously employed by one of
the persons mentioned in ORS 480.565 (3).
(4) When a vessel is inspected by a special inspector as provided
in this section, the owner or user of such boiler or pressure vessel is
exempt from payment of the permit fee during the inspection period,
except as provided in ORS 480.600 (2).
(5) The Department of Consumer and Business Services may cause a
deputy inspector to inspect or reinspect all boilers and pressure vessels
which could be inspected by a special inspector. However, there shall be
no internal inspection or reinspection unless there is a question as to
whether or not the boiler or pressure vessel meets the minimum safety
standards and the special inspector who made the original inspection, or
the employer of the special inspector, is given reasonable notice of the
intention to make such inspection or reinspection so the special
inspector or the employer of the special inspector can be present. [1961
c.485 §14; 1969 c.582 §12; 1983 c.676 §12; 1991 c.518 §5]Note: 480.575 is repealed July 1, 2006. See sections 56, 57 and
57a, chapter 758, Oregon Laws 2005. 480.575 (2003 Edition) is set forth
for the user’s convenience.
(1) A special inspector’s certificate
of competency may be suspended or revoked by the Board of Boiler Rules
for incompetency, untrustworthiness or for any willful falsehood in the
special inspector’s application or in any inspection report.
(2) A certificate of competency shall not be suspended or revoked
until after a hearing has been held before the board. The special
inspector and the employer of the special inspector are entitled to
appear at such hearings and to be heard.
(3) The board shall deliver to both the special inspector charged
and to the employer of the special inspector, not less than 10 days prior
to the hearing, a written notice of the charges and of the time and place
of such hearing.
(4) The chief inspector appointed under ORS 480.565 may temporarily
suspend a special inspector’s certificate of competency pending a hearing
before the board under this section. The hearing shall be held within 45
days of the date the special inspector’s certificate is suspended. A
temporary suspension under this subsection shall not be effective for
more than 45 days.
(5) A special inspector whose certificate of competency has been
suspended or revoked may apply for the reinstatement thereof not less
than 90 days after the time of suspension or revocation. (1) The
chief inspector or any deputy inspector may, at all reasonable hours, in
performance of the duties imposed by the provisions of ORS 480.510 to
480.670, enter into all buildings and upon all premises, except private
residences, for the purpose of inspecting any boiler or pressure vessel
which is covered by ORS 480.510 to 480.670 and which the chief inspector
or the deputy inspector has reasonable cause to believe is located
therein.
(2) No person shall interfere with or prevent any such inspection
(1) Any
person may apply to the Department of Consumer and Business Services for
a permit for a boiler or pressure vessel:
(a) By filing reports showing details of the proposed construction
before construction is started; or
(b) By submitting satisfactory proof that the boiler or pressure
vessel has been constructed in accordance with minimum safety standards
and has been found to be safe.
(2) A permit for a boiler or pressure vessel shall bear the date of
the inspection period and specify the maximum pressure under which the
boiler or pressure vessel may be operated. Except as provided by
regulation, a permit must be posted in the room containing the boiler or
pressure vessel for which the permit is issued.
(3) The department may at any time suspend or revoke a permit when,
in the department’s opinion, the boiler or pressure vessel, or related
appurtenances, for which the permit was issued is found not to comply
with ORS 480.510 to 480.670. Suspension of any permit continues in effect
until the vessel conforms to ORS 480.510 to 480.670 and the permit is
reissued. However, before suspending or revoking a permit, the department
shall first notify the person concerned of the department’s intention.
The notice must be in writing and advise the person concerned of the
right to appeal in writing within 10 days and that the appeal will be
heard by the Board of Boiler Rules. When there is a timely appeal, the
department may not suspend or revoke the permit pending the appeal unless
the reason for suspension or revocation constitutes an immediate menace
to health or safety or the person concerned fails to prosecute an appeal
with diligence.
(4)(a) Except as provided in ORS 480.510 to 480.670, a person may
not operate a boiler or pressure vessel unless a valid permit for the
operation of the boiler or pressure vessel, issued under this section, is
attached thereto or posted in a conspicuous place in the room where the
boiler or pressure vessel is located.
(b) A person may not permit or suffer the operation of a boiler or
pressure vessel on property the person owns, controls, manages or
supervises unless a valid permit for the operation of the boiler or
pressure vessel, issued under this section, is attached thereto or posted
in a conspicuous place in the room where the boiler or pressure vessel is
located.
(c) The owner or lessee or person having possession of a boiler or
pressure vessel may not permit or suffer the operation of the boiler or
pressure vessel unless a valid permit, issued under this section, is
attached thereto or posted in a conspicuous place in the room where the
boiler or pressure vessel is located.
(5) The board may waive by rule the provisions of this section.
[1961 c.485 §18; 1967 c.447 §2; 1969 c.582 §15; 1983 c.676 §15; 1993
c.744 §144; 2005 c.22 §367] (1) Upon receipt of a permit fee due
on a date determined by the Department of Consumer and Business Services,
and on the same day of each year thereafter in which an inspection is due
pursuant to ORS 480.560, the Department of Consumer and Business Services
may issue or renew a permit before or after an inspection has been made
pursuant to ORS 480.510 to 480.670.
(2) Permit fees shall be prescribed by the Board of Boiler Rules
with approval of the Oregon Department of Administrative Services, and
may be prorated.
(3) Maximum operating permit fees shall be determined as follows:
(a) Boilers of 15 horsepower
or less $ 65
(b) Boilers greater than 15
horsepower to 100 horsepower $ 85
(c) Boilers greater than 100
horsepower to 500 horsepower $100
(d) Boilers greater
than 500 horsepower $110
(e) Cast iron boilers $ 65
(f) Pressure vessels having
a product volume of
20 cubic feet or less $ 55
(g) Pressure vessels having
a product volume
greater than 20 cubic feet $ 75 (4) A reinspection fee shall be charged at the maximum rate of $60
per hour for travel and inspection time to defray the cost of a
reinspection when deviations from the minimum safety standards are found
during any inspection. [1961 c.485 §19; 1967 c.447 §3; 1969 c.582 §16;
1973 c.830 §6; 1973 c.832 §18a; 1974 c.36 §17; 1981 c.566 §2; 1983 c.676
§16; 1991 c.201 §3; 2001 c.162 §1] (1)
The permit fee established under ORS 480.510 to 480.670, for a quantity
of pressure vessels available for inspection at the same location, shall
be fixed by the Board of Boiler Rules at cost, in accordance with the
time required to conduct the inspection and the inspector’s mileage to
the place of inspection. However, in no case shall the total payment be
more than the total of the individual pressure vessel fees fixed by ORS
480.510 to 480.670.
(2) The owner or user of any vessel which is to be inspected during
the inspection period under the provisions of ORS 480.570 shall pay to
the Department of Consumer and Business Services a special permit fee of
$25, except that the department may require payment of a permit fee as
provided in ORS 480.595 where it finds the vessel to be in violation of
the minimum safety standards during the inspection period. In addition,
for a quantity of pressure vessels inspected at the same location, the
board may establish a different special permit fee which recognizes the
lower costs of handling, but in no such case shall the total payment be
more than the total of individual pressure vessel fees fixed by ORS
480.510 to 480.670.
(3) If there is a lengthened inspection interval under ORS 480.560
(2), the permit fee interval shall be lengthened correspondingly.
(4) Whenever an insurance company notifies its insured that it will
no longer insure a boiler or pressure vessel, or that insurance on a
boiler or pressure vessel is no longer in force, the insurance company
shall also notify the chief boiler inspector, in a form and manner
prescribed by the chief boiler inspector, of the description and vessel
registration numbers of the boilers or pressure vessels for which
insurance is canceled or suspended or is not to be renewed.
(5) Whenever an owner or user of a boiler or pressure vessel fails
to pay any fee required by this chapter within 60 days after the date of
depositing written notification in the United States mail, postage
prepaid, and addressed to the last-known address of the owner or user,
the fee shall be considered delinquent and the fee shall be increased by
an amount equal to 50 percent of the original fee. The court may award
reasonable attorney fees to the department if the department prevails in
an action to collect a fee required by this chapter. The court may award
reasonable attorney fees to a defendant who prevails in an action to
collect a fee required by this chapter if the court determines that the
department had no objectively reasonable basis for asserting the claim or
no reasonable basis for appealing an adverse decision of the trial court.
[1961 c.485 §21; 1967 c.447 §4; 1969 c.582 §17; 1973 c.830 §7; 1973 c.832
§18b; 1974 c.36 §18; 1981 c.566 §3; 1981 c.897 §57; 1983 c.676 §17; 1991
c.201 §4; 1991 c.518 §18; 1995 c.696 §25; 1999 c.711 §1] The Department of Consumer and Business
Services may:
(1) Collect fees for shop inspections, inspections of vessels and
for inspection of vessels which have been changed in installation
location after primary use and for any other type of inspection of
boilers, pressure vessels or pressure piping which may be required by any
person or persons, including any governmental units, all such inspections
to be at the cost of inspection, in accordance with the time required to
make the inspection, plus the expense of the inspector including lodging
and travel. The hourly charge, or portion thereof, shall be fixed by the
Board of Boiler Rules.
(2) Collect a fee for welding and inspectors’ examinations and for
annual renewal of inspectors’ certifications. The amount of the fee shall
be fixed by the board.
(3) Collect an additional fee from the owner or user when it is
necessary to make a special trip to witness the application of a
hydrostatic or other test. The amount of the fee shall be fixed by the
board. [1961 c.485 §22; 1969 c.582 §18; 1973 c.830 §8; 1993 c.744 §145] Notwithstanding the fees prescribed in ORS
480.595 (3) and (4), 480.600 (2) and 480.630 (4) and (5), and subject to
the prior approval of the Department of Consumer and Business Services,
the Oregon Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees, the Board of Boiler Rules may
increase the fees referred to in this section by an amount not greater
than 10 percent. The fees shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the Emergency
Board. The fees must not exceed the cost of the program, including but
not limited to the cost of administering a continuing education registry.
[1983 c.676 §20b; 1991 c.703 §16; 2001 c.678 §2; 2005 c.758 §35]Note: The amendments to 780.607 by section 35, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
480.607. Notwithstanding the fees prescribed in ORS 480.595 (3) and
(4), 480.600 (2) and 480.630 (4) and (6), and subject to the prior
approval of the Department of Consumer and Business Services, the Oregon
Department of Administrative Services and a report to the Emergency Board
prior to adopting the fees, the Board of Boiler Rules may increase the
fees referred to in this section by an amount not greater than 10
percent. The fees shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the Emergency
Board. The fees must not exceed the cost of the program, including but
not limited to the cost of administering a continuing education registry. All receipts from fees, charges, costs
and expenses under ORS 480.510 to 480.670 shall be collected by the
Department of Consumer and Business Services and paid into the Consumer
and Business Services Fund created by ORS 705.145. Such moneys shall be
used only for the administration and enforcement of ORS 480.510 to
480.670. [1961 c.485 §23; 1973 c.834 §42; 1983 c.676 §18; 1993 c.744 §146] (1) The Board of Boiler Rules shall hear the
appeal of an appellant who has filed a timely written request and who (a)
has received notice that a restraining order or injunction will be
sought, or (b) has received notice that a permit will be suspended or
revoked, or (c) is affected by either of such notices. The board shall
likewise hear the appeal of an appellant who has filed a written request
and who has reason to desire a change in the minimum safety standards or
the rules.
(2) The board shall set the time and place for hearing and give the
appellant 10 days’ written notice.
(3) All appeals shall be heard within three months of receipt of
the request. Provided, if immediate menace to health or safety is
involved, the appeal shall be heard within 20 days of receipt of the
request.
(4)(a) Two or more appeals may be consolidated for hearing, if
based upon substantially the same facts.
(b) The board and the appellant may subpoena witnesses who shall
receive the same compensation and mileage pay as circuit court witnesses.
(c) A written or recorded record shall be kept. [1961 c.485 §26;
1983 c.676 §19; 1991 c.518 §10](1)
A person engaging in the business of installing, repairing or altering
boilers or pressure vessels must possess a boiler contractor license
issued by the Department of Consumer and Business Services.
(2) A person who installs, repairs or alters boilers or pressure
vessels as the employee or agent of a business engaged in the
installation, repair or alteration of boilers or pressure vessels must
possess an employee or agent license issued by the department.
(3) The chief inspector may conduct examinations for licensing an
employee or agent of a business to establish the competency of the
applicant.
(4) Licenses shall be issued and renewed by the department as
provided by rules adopted under ORS 455.117 by the Board of Boiler Rules
upon payment of a fee of $25 for each application for an employee or
agent license and $150 for each application for a boiler contractor
license.
(5) A person required to be licensed under this section may not
install, alter or repair a boiler or pressure vessel unless an
appropriate permit is first secured from the department. Permits shall be
issued only to persons possessing a valid boiler contractor license or as
provided by the department by rule. A permit fee of $15 shall be paid
directly to the department.
(6) In the case of an emergency, a permit under subsection (5) of
this section is not required in advance for boiler or pressure vessel
installations or repair, if an application accompanied by the appropriate
fee for a permit is submitted to the department within five days after
the commencing of the boiler or pressure vessel work.
(7) The license and examination requirements of this section do not
apply when a person is brought in from out of state to repair or alter a
boiler or pressure vessel utilizing special tools or a special process
for which that person is uniquely qualified. The activity shall be
limited solely to the special process and the person performing the work
shall have qualifications that meet or exceed license standards as
determined by the chief boiler inspector. The chief boiler inspector
shall be notified prior to performance of any work under this subsection.
(8) If a license issued under subsection (4) of this section is of
a class that authorizes a person to perform work equivalent to that
performed by pressure vessel installers, building service mechanics,
boilermakers or pressure piping mechanics, the person must complete eight
hours of board-approved continuing education every year. [1973 c.830 §4;
1983 c.676 §20; 1987 c.414 §36; 1991 c.201 §5; 2001 c.678 §3; 2005 c.758
§36]Note: The amendments to 480.630 by section 36, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
480.630. (1) A person may not engage in the business of installing,
repairing or altering boilers or pressure vessels unless the person first
obtains a license therefor from the Department of Consumer and Business
Services.
(2) A person may not install, repair or alter boilers or pressure
vessels as an employee of a business engaged in the installing, repairing
or altering of boilers or pressure vessels unless the person first
obtains certification therefor from the department.
(3) The chief inspector may conduct examinations for certification
of an employee or agent of a business to establish the competency of the
applicant.
(4) Licenses and certification shall be issued by the department
upon recommendation of the Board of Boiler Rules and upon payment of a
fee of $25 for each application for an employee or agent’s certification
and $150 for each application for a business license.
(5) The licenses and certifications shall be renewed annually
without reexamination upon payment of the fees in subsection (4) of this
section and, for renewal of a certificate, compliance with the continuing
education requirement established in subsection (9) of this section.
(6) A person may not install, alter or repair a boiler or pressure
vessel without first securing a permit therefor from the department
unless the person is not subject to licensure or certification. Permits
shall be issued only to the persons licensed. A permit fee of $15 shall
be paid directly to the department.
(7) In the case of an emergency, a permit is not required in
advance for boiler or pressure vessel installations, or repair, as
required under subsection (6) of this section, if an application
accompanied by the appropriate fee for a permit is submitted to the
department within five days after the commencing of the boiler or
pressure vessel work.
(8) The certification and examination requirements of this section
do not apply when a person is brought in from out of state to repair or
alter a boiler or pressure vessel utilizing special tools or a special
process for which that person is uniquely qualified. The activity shall
be limited solely to the special process and the person performing the
work shall have qualifications which meet or exceed the state’s
certification standards as determined by the chief boiler inspector. The
chief boiler inspector shall be notified prior to performance of any work
under this subsection.
(9) A person having a certificate issued under subsection (4) of
this section must complete eight hours of board-approved continuing
education every year.
(10) The continuing education requirement established in subsection
(9) of this section applies only to persons certified by the board to
perform work equivalent to that performed by pressure vessel installers,
building service mechanics, boilermakers or pressure piping mechanics. A person
licensed to conduct a boiler or pressure vessel business may not employ
any person to work on a boiler or pressure vessel unless the employed
person has a valid license issued under ORS 480.630. [1983 c.676 §24;
2005 c.758 §37]Note: The amendments to 480.632 by section 37, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
480.632. No person registered to conduct a boiler or pressure
vessel business shall employ any person to work on a boiler or pressure
vessel who does not hold a valid state certification issued under ORS
480.630. (1)
A person who has a valid journeyman plumber license does not have to
obtain a license under ORS 480.630 (2) to work as an employee of a
business engaged in installing or replacing by nonwelded means a potable
domestic water heater that:
(a) Is not used for space heating;
(b) Has a capacity that does not exceed 180 gallons;
(c) Has a water temperature that does not exceed 210 degrees
Fahrenheit;
(d) Has a pressure that does not exceed 150 pounds per square inch
gauge pressure; and
(e) Has a heat input that does not exceed 750,000 BTU per hour.
(2) Subsection (1) of this section does not allow construction,
repair or alteration of the domestic potable water heater. [1991 c.518
§15; 2005 c.758 §38]Note: The amendments to 480.634 by section 38, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
(1) License or certification issued pursuant to ORS
480.630 may be suspended by the chief inspector for the incompetence of
the holder thereof or for willful falsification of any matter or
statement contained in an application or in a report of any inspection
made by the holder. Written notice of the suspension shall be given by
the chief inspector within not more than 10 days to the person who holds
the license or certification, the employer of the person and the Board of
Boiler Rules. A person whose license or certification has been suspended
may appeal to the board as provided and be present in person and be
represented by counsel at the hearing of the appeal.
(2) If the board has reason to believe that a person who holds a
license or certification is no longer qualified to hold the license or
certification, the board, upon not less than 10 days’ written notice to
the person and the employer of the person, shall hold a hearing at which
the person and the employer shall have an opportunity to be heard. If, as
a result of the hearing, the board finds that the person is no longer
qualified to hold the license or certification, the board shall thereupon
revoke the license or certification forthwith.
(3) A person whose certification has been suspended may apply,
after 90 days from the date of the suspension, for reinstatement of the
certification. A person providing
services connected with boilers or pressure vessels may not bring or
maintain an action in the courts of this state to recover for those
services unless the person alleges and proves that, at the time the
services were performed, the person performing the services held a
Note: The amendments to 480.640 by section 39, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.
(1) The Board of
Boiler Rules shall cause to be prepared examinations that are
standardized. In standardizing examinations under this subsection, the
board may adopt standardized examinations prepared by nationally
recognized bodies.
(2) The board shall allow any person who takes an examination to
review the examination and test results of that person. [1983 c.676 §26;
1991 c.518 §12](1) The Board of Boiler Rules may adopt rules
creating quality control procedures for welding on nonboiler external
piping and may adopt its own Oregon welded stamp symbol.
(2) The board shall not require the adoption of “R” stamp
provisions of the National Board of Inspection Code or the American
Society of Mechanical Engineers Certification of Authorization
requirements related to boilers for welding on nonboiler external piping.
(3) The board shall accept an “R” stamp certification by the
National Board of Inspection Code or the American Society of Mechanical
Engineers Certification of Authorization as meeting the requirements of
subsection (1) of this section and may accept any other quality control
program for welding that is at least equivalent to the Oregon quality
control procedures adopted under subsection (1) of this section.
(4) All review by the Department of Consumer and Business Services
for individual approval of quality control procedures and requirements
shall be charged at the shop inspection rates under ORS 480.605. [1991
c.518 §16; 1993 c.744 §148](1) If an inspector determines that any condition exists that is
a violation of the safety standards prescribed pursuant to ORS 480.510 to
480.670, the inspector shall post a notice in plain view on or near the
affected boiler or pressure vessel that specifies the defective
condition, and shall provide a copy of the notice to the owner or user of
the affected boiler or pressure vessel, or to a representative of the
owner or user.
(2) If no immediate hazard to health and safety is evident, the
notice shall state that correction of the defective condition is required
within 30 days of the date of the inspection. If the correction is not
completed within the 30-day period, the owner or user of the boiler or
pressure vessel may apply to the chief boiler inspector for extension of
the time for making the correction. If the chief boiler inspector
determines that corrective action was commenced within the time period
specified in the notice, an extension may be granted for such time as is
required to complete corrective action.
(3) If an immediate hazard to health and safety is evident, the
notice shall prohibit further use of the boiler or pressure vessel. The
inspector immediately shall report that action to the chief boiler
inspector.
(4) If any person is aggrieved by a determination made upon
inspection under this section, the person first shall appeal that
determination to the chief boiler inspector and then to the Board of
Boiler Rules. Subsequent appeal shall be as provided in ORS 183.480 to
183.540. [1983 c.676 §28]The Board of Boiler Rules may impose a civil penalty for a
violation of ORS 480.510 to 480.670 or rules adopted for the
administration and enforcement of those sections. The board shall impose
a civil penalty authorized by this section as provided in ORS 455.895.
[2001 c.411 §10]PENALTIES(1) Violation of any provision of ORS 480.010 to
480.040 is a Class B violation.
(2) Violation of any provision of ORS 480.050, 480.060 or 480.290
is a Class C misdemeanor.
(3) Violation of ORS 480.070 is a Class A misdemeanor.
(4) Violation of ORS 480.085 is a Class B violation.
(5) Violation of any provision of ORS 480.110 to 480.165 is a Class
B misdemeanor. Violations thereof may be prosecuted in state or municipal
courts when violations occur within the municipality served thereby.
Justice courts shall have concurrent jurisdiction with circuit courts in
all proceedings arising within ORS 480.110 to 480.165.
(6) Subject to ORS 153.022, violation of any provision of ORS
480.210, 480.215, 480.235 and 480.265 or of any rule or regulation
adopted under ORS 480.280 (1) is a Class B misdemeanor.
(7) Violation of any provision of ORS 480.420 to 480.460 is a Class
B violation.
(8) Subject to ORS 153.022, violation of any provision of ORS
480.510 to 480.670, or any rule promulgated pursuant thereto, is a Class
A misdemeanor. Whenever the Board of Boiler Rules has reason to believe
that any person is liable to punishment under this subsection, it may
certify the facts to the Attorney General, who may cause an appropriate
proceeding to be brought. [Subsection (4) of 1963 Replacement Part
enacted as 1961 c.722 §3; subsection (10) enacted as 1961 c.485 §24;
subsection (4) enacted as 1963 c.384 §3; 1965 c.602 §24; subsection (3)
enacted as 1967 c.417 §22; subsection (7) enacted as 1971 c.518 §25; 1983
c.676 §22; 1985 c.165 §3; 1987 c.158 §111; 1991 c.863 §59; 1999 c.1051
§193]
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