2007 Oregon Code - Chapter 480 :: Chapter 480 - Explosives - Flammable Materials - Pressure Vessels
Chapter 480 —
Explosives; Flammable Materials; Pressure Vessels
2007 EDITION
EXPLOSIVES; FLAMMABLES; PRESSURE VESSELS
PROTECTION FROM FIRE
EXPLOSIVES GENERALLY
480.010Â Â Â Â Labels
for blasting powder and fuse
480.020Â Â Â Â Prohibition
against sale of bad powder
480.030Â Â Â Â Fuse
unfit for use and sale; prohibition of use
480.040Â Â Â Â
480.050Â Â Â Â Prohibition
against intrastate transportation of explosives in passenger vehicle operated
by common carrier; exception
480.060Â Â Â Â Transportation
of certain explosives prohibited
480.070Â Â Â Â Fire
bombs prohibited; exceptions
480.085Â Â Â Â Requirement
for removal of unused explosives from work area
480.095Â Â Â Â Penalty
and civil liability for violation of ORS 480.085
FIREWORKS
480.110Â Â Â Â Definitions
for
480.120Â Â Â Â
480.122Â Â Â Â Use
for repelling birds or animals allowed; permit; rules
480.124Â Â Â Â Use
for control of predatory animals allowed
480.127Â Â Â Â
480.130Â Â Â Â Permit
required for sale or public display of fireworks; fee
480.140Â Â Â Â Fireworks
displays to be under supervision of police and fire department chiefs or county
court
480.150Â Â Â Â Permits
for fireworks sales or displays; rules; security
480.152Â Â Â Â Publication
of advertisement for sale of unlawful fireworks prohibited
480.154Â Â Â Â Manufacturer
or wholesaler required to maintain records of sale of fireworks; shipments to
show permit number; confiscation
480.156Â Â Â Â
480.158Â Â Â Â Parents
of minor liable for costs incurred in suppressing fires caused by use of
fireworks by minor; exception
480.160Â Â Â Â Local
regulation and effect of state law; local enforcement authority
480.165Â Â Â Â Civil
penalty for fireworks law violations
MANUFACTURE,
480.200Â Â Â Â Definitions
for ORS 480.200 to 480.290
480.205Â Â Â Â Application
480.210Â Â Â Â Certificate
of possession required; exceptions; display of certificate upon demand;
defenses
480.215Â Â Â Â Transfer
of explosives limited
480.225Â Â Â Â Eligibility
for certificate of possession
480.230Â Â Â Â Application
for certificate of possession; fee
480.235Â Â Â Â Waiting
period for issuance of certificate of possession; investigation of applicant;
authority of investigating body to require fingerprints; term of certificate;
assignment or transfer prohibited; records required
480.239Â Â Â Â Application
for renewal of certificate of possession; testing criteria
480.244Â Â Â Â Storage
facilities; certificate of registration; application; inspection; rules and
fees; term of registration
480.265Â Â Â Â Report
of loss, theft or unlawful removal of explosives required
480.270Â Â Â Â Revocation
or suspension for violations; surrender of certificate of possession
480.275Â Â Â Â Hearings
on denial, suspension or revocation of certificate
480.280Â Â Â Â Administration
and enforcement by State Fire Marshal; rules; appointment of assistants
480.290Â Â Â Â Requirements
for person driving vehicle transporting explosives
REGULATION OF GASOLINE DISPENSING
480.310Â Â Â Â Definitions
for ORS 480.315 to 480.385
480.315Â Â Â Â Policy
480.320Â Â Â Â Use
of coin-operated pumps and dispensing of gasoline by self-service declared hazardous
480.330Â Â Â Â Operation
of gasoline dispensing device by public prohibited; aviation fuel exception
480.340Â Â Â Â Coin-operated
or self-service gasoline pumps prohibited; automatic shut-off devices
regulated; aviation fuel exception
480.345Â Â Â Â Conditions
for operation of dispensing device by certain nonretail customers
480.347Â Â Â Â Use
of gasoline dispensing device by emergency service worker; conditions
480.349Â Â Â Â Use
of gasoline dispensing device by motorcycle operator
480.350Â Â Â Â License
required for operation of nonretail facility; application; fee; term; renewal;
disposition of fees
480.355Â Â Â Â Conditional
use license; qualifications; application; review of denial
480.360Â Â Â Â Exemption
from gallonage requirements of ORS 480.345
480.365Â Â Â Â Suspension,
revocation, refusal to issue or renew nonretail facility license; procedure
480.370Â Â Â Â Subpoenas
for investigation; effect of failure to comply
480.375Â Â Â Â Safety
inspection of facilities by State Fire Marshal; audit; investigation of law
violations
480.380Â Â Â Â Rules
480.385Â Â Â Â Civil
penalty for gasoline dispensing law violations
480.390Â Â Â Â Nonretail
facilities at airports; rules
LIQUID PETROLEUM GAS
480.410Â Â Â Â Definition
480.420Â Â Â Â Liquid
petroleum gas rules and regulations; conformity with standards of National Fire
Protection Association
480.430Â Â Â Â Liquefied
petroleum gas containers; certain uses prohibited
480.432Â Â Â Â Licenses
required; exceptions
480.434Â Â Â Â Examination
of applicants for licenses; examination fee; issuance of license
480.435Â Â Â Â Licenses;
revocation; suspension; refusal to issue or renew
480.436Â Â Â Â License
fees; term of licenses; delinquency penalty
480.440Â Â Â Â Inspection
of certain storage tanks; fee
480.445Â Â Â Â Regulation
of liquid petroleum gas container or receptacle siting and installation
480.450Â Â Â Â Notice
of new installations; fees; inspections after original inspection; notice of
changes; correction of improper installations required
480.460Â Â Â Â Disposition
of fees
BOILERS AND PRESSURE VESSELS
480.510Â Â Â Â Short
title
480.515Â Â Â Â Definitions
for ORS 480.510 to 480.670
480.520Â Â Â Â Purpose
of ORS 480.510 to 480.670
480.525Â Â Â Â Exempt
vessels; rules
480.530Â Â Â Â Powers
and duties of department
480.535Â Â Â Â Board
of Boiler Rules; members; duties; qualifications; confirmation; rules
480.540Â Â Â Â Term
of members; removal; meetings; compensation and expenses
480.545Â Â Â Â Rules;
minimum safety standards; fees
480.550Â Â Â Â Minimum
safety standards; effect on existing vessels; application of subsequent
amendments
480.555Â Â Â Â Prohibitions
relating to nonconforming vessels; exemptions
480.560Â Â Â Â Inspection;
testing; rules
480.565Â Â Â Â Chief
and deputy inspectors; special inspectors
480.570Â Â Â Â Inspections
by special inspectors or others; effect on permit fee; exempt boilers and
vessels
480.580Â Â Â Â Access
to buildings and premises by inspectors
480.585Â Â Â Â Permit
for operation of vessels; rules for waiver
480.595Â Â Â Â Permits;
rules; fees
480.600Â Â Â Â Special
provisions on permit and inspection fees; notice from insurer
480.605Â Â Â Â Miscellaneous
fees
480.607Â Â Â Â Fee
increase
480.610Â Â Â Â Disposition
of fees
480.615Â Â Â Â Appeals
480.630Â Â Â Â Licensing
of boiler contractors and persons installing, altering or repairing boilers or
pressure vessels; examination; fee; continuing education
480.632Â Â Â Â Employment
of unlicensed worker prohibited
480.634Â Â Â Â Exemption
of journeyman plumber for certain activities
480.640Â Â Â Â When
court action not available
480.645Â Â Â Â Standardized
examination; administration
480.647Â Â Â Â Quality
control procedures for welding on nonboiler external piping; rules
480.660Â Â Â Â Notice
of violation; correction; when use prohibited; appeal
480.670Â Â Â Â Civil
penalty for Boiler and Pressure Vessel Law violations; disposition of penalty
moneys
PENALTIES
480.990Â Â Â Â Penalties
EXPLOSIVES GENERALLY
     480.010
Labels for blasting powder and fuse. 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.
     480.020
Prohibition against sale of bad powder. 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.
     480.030
Fuse unfit for use and sale; prohibition of use. 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.
     480.040
     (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.
     480.050
Prohibition against intrastate transportation of explosives in passenger
vehicle operated by common carrier; exception. 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.
     480.060
Transportation of certain explosives prohibited. 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.
     480.070
Fire bombs prohibited; exceptions. (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
     480.080 [1961 c.722 §1; repealed by 1963 c.384 §4]
     480.085
Requirement for removal of unused explosives from work area. (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]
     480.090 [1961 c.722 §2; repealed by 1963 c.384 §4]
     480.095
Penalty and civil liability for violation of ORS 480.085. Persons violating ORS 480.085 are subject to
the penalty provided in ORS 480.990 (4) and are liable in civil action for
damages to any person suffering injury from handling or otherwise coming in
contact with unused explosives that 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; 2007 c.71 §158]
FIREWORKS
     480.110
Definitions for
     (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 0.25
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]
     480.120
     (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)
     (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)
     (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]
     480.122
Use for repelling birds or animals allowed; permit; rules. (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]
     480.124
Use for control of predatory animals allowed. 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]
     480.127
     (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]
     480.130
Permit required for sale or public display of fireworks; fee. (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]
     480.140
Fireworks displays to be under supervision of police and fire department chiefs
or county court. (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.
     480.150
Permits for fireworks sales or displays; rules; security. (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 holderÂ’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]
     480.152
Publication of advertisement for sale of unlawful fireworks prohibited. (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]
     480.154
Manufacturer or wholesaler required to maintain records of sale of fireworks;
shipments to show permit number; confiscation. (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]
     480.156
     (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]
     480.158
Parents of minor liable for costs incurred in suppressing fires caused by use
of fireworks by minor; exception. (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]
     480.160
Local regulation and effect of state law; local enforcement authority. (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]
     480.165
Civil penalty for fireworks law violations. (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]
     480.170 [Repealed by 1987 c.158 §107]
MANUFACTURE,
     480.200
Definitions for ORS 480.200 to 480.290. 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]
     480.205
Application. 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
     (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]
     480.210
Certificate of possession required; exceptions; display of certificate upon
demand; defenses. (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, Firearms and Explosives 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, Firearms and Explosives 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; 2007 c.71 §159]
     480.215
Transfer of explosives limited.
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, Firearms and Explosives 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;
2007 c.71 §160]
     480.220 [1971 c.518 §5; repealed by 1989 c.982 §7]
     480.225
Eligibility for certificate of possession. (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 determined to
be mentally ill under ORS 426.130 and 430.397 to 430.401 or mentally retarded
under ORS 427.290. A person who previously has been so determined 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 departmentÂ’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 personÂ’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 personÂ’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 personÂ’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 personÂ’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; 2007 c.70 §275]
     480.230
Application for certificate of possession; fee. 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]
     480.235
Waiting period for issuance of certificate of possession; investigation of
applicant; authority of investigating body to require fingerprints; term of
certificate; assignment or transfer prohibited; records required. (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 departmentÂ’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]
     480.239
Application for renewal of certificate of possession; testing criteria. 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]
     480.240 [1971 c.518 §11; repealed by 1983 c.100 §1]
     480.244
Storage facilities; certificate of registration; application; inspection; rules
and fees; term of registration.
(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, Firearms and
Explosives. The State Fire Marshal shall establish criteria for when the Bureau
of Alcohol, Tobacco, Firearms and Explosives 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 personÂ’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; 2007 c.71 §161]
     480.245 [1971 c.518 §12; repealed by 1983 c.100 §1]
     480.250 [1971 c.518 §13; 1981 c.635 §5; repealed by
1983 c.100 §1]
     480.255 [1971 c.518 §14; repealed by 1999 c.980 §18]
     480.260 [1971 c.518 §§16,17; repealed by 1999 c.980 §18]
     480.265
Report of loss, theft or unlawful removal of explosives required. 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]
     480.270
Revocation or suspension for violations; surrender of certificate of
possession. (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]
     480.275
Hearings on denial, suspension or revocation of certificate. 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]
     480.280
Administration and enforcement by State Fire Marshal; rules; appointment of
assistants. (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]
     480.285 [1971 c.518 §24; repealed by 1973 c.832 §14]
     480.290
Requirements for person driving vehicle transporting explosives. (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
     480.310
Definitions for ORS 480.315 to 480.385. 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]
     480.315
Policy. 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
     (5) The dangers described in subsection
(3) of this section are heightened when the customer is a senior citizen or has
a disability, 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 persons with disabilities in the
self-service dispensing of Class 1 flammable liquids at retail have failed, and
therefore, senior citizens and persons with disabilities 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 have disabilities 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 persons with
disabilities, 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
persons with disabilities 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; 2007 c.70 §276]
     480.320
Use of coin-operated pumps and dispensing of gasoline by self-service declared
hazardous. 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]
     480.330
Operation of gasoline dispensing device by public prohibited; aviation fuel
exception. 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]
     480.340
Coin-operated or self-service gasoline pumps prohibited; automatic shut-off
devices regulated; aviation fuel exception. 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]
     480.345
Conditions for operation of dispensing device by certain nonretail customers. 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 customerÂ’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 customerÂ’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]
     480.347
Use of gasoline dispensing device by emergency service worker; conditions. 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]
     480.349
Use of gasoline dispensing device by motorcycle operator. (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 operatorÂ’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.
     480.350
License required for operation of nonretail facility; application; fee; term;
renewal; disposition of fees.
(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]
     480.355
Conditional use license; qualifications; application; review of denial. (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]
     480.360
Exemption from gallonage requirements of ORS 480.345. 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]
     480.365
Suspension, revocation, refusal to issue or renew nonretail facility license;
procedure. 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]
     480.370
Subpoenas for investigation; effect of failure to comply. (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]
     480.375
Safety inspection of facilities by State Fire Marshal; audit; investigation of
law violations. (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 MarshalÂ’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]
     480.380
Rules. 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]
     480.385
Civil penalty for gasoline dispensing law violations. (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]
     480.390
Nonretail facilities at airports; rules. (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 GAS
     480.410
Definition. As 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]
     480.420
Liquid petroleum gas rules and regulations; conformity with standards of
National Fire Protection Association. (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]
     480.430
Liquefied petroleum gas containers; certain uses prohibited. 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]
     480.432
Licenses required; exceptions.
(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]
     480.434
Examination of applicants for licenses; examination fee; issuance of license. (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]
     480.435
Licenses; revocation; suspension; refusal to issue or renew. 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]
     480.436
License fees; term of licenses; delinquency penalty. (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]
     480.440
Inspection of certain storage tanks; fee. The State Fire Marshal shall annually inspect an installation of
storage tanks located at dealersÂ’ 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]
     480.445
Regulation of liquid petroleum gas container or receptacle siting and
installation. (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.
     480.450
Notice of new installations; fees; inspections after original inspection;
notice of changes; correction of improper installations required. (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 MarshalÂ’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
     (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 Business
Services. [Amended by 1953 c.228 §4; 1957 c.712 §8; part renumbered 480.460;
1967 c.417 §31; 1973 c.832 §17; 1987 c.346 §4; 1987 c.414 §159a; 1993 c.18 §124;
1993 c.185 §33; 1995 c.79 §294; 1995 c.305 §1; 1999 c.558 §3; 2003 c.652 §5]
     480.460
Disposition of fees. 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 VESSELS
     480.510
Short title. ORS 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]
     480.515
Definitions for ORS 480.510 to 480.670. 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) “Install, alter or repair permit”
means a written approval issued by the department under ORS 480.630 authorizing
the installation, alteration or repair of a boiler or pressure vessel.
     (8) “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.
     (9) “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.
     (10) “Operating permit” means a written
approval issued by the department authorizing the operation of a boiler or
pressure vessel.
     (11) “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.
     (12) “Related appurtenances” means any
equipment instrumental to the safe operation of a boiler or pressure vessel.
     (13) “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;
2007 c.487 §3]
     480.520
Purpose of ORS 480.510 to 480.670. The purpose of ORS 480.510 to 480.670 is to protect the safety of the
people of
     (1) For determining where and by whom
boilers and pressure vessels are being constructed, installed, repaired, used
and operated.
     (2) To ensure that only qualified persons
do welding on boilers and on pressure vessels.
     (3) To ensure 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:
     (a) Issuing operating permits;
     (b) Issuing install, alter or repair
permits;
     (c) Giving examinations; and
     (d) Making inspections. [1961 c.485 §2;
1969 c.583 §3; 1983 c.676 §4; 2007 c.487 §4]
     480.525
Exempt vessels; rules. (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:
     (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) Domestic water heaters designed to
create hot water instantaneously on demand without the use of a storage tank.
     (d) Pressure vessels containing liquefied
petroleum gas that are under the jurisdiction of the State Fire Marshal. However,
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.
     (e) Air tanks used in the operation of
brakes on self-propelled vehicles and trailers that are used for transporting
freight or passengers.
     (f) Medical sterilizers that do not exceed
one and one-half cubic feet in volume.
     (g) Pressure vessels that do not exceed
one and one-half cubic feet in volume and:
     (A) Are not operated at gauge pressure of
more than 150 pounds per square inch;
     (B) Are equipped with a relief valve;
     (C) Are approved under the American
Society of Mechanical Engineers code adopted by the board;
     (D) Are set at a maximum pressure of 150
pounds per square inch or less; and
     (E) Are located in a place of public
assembly.
     (h) Pressure vessels that do not exceed
five cubic feet in volume and:
     (A) Are not operated at gauge pressure of
more than 150 pounds per square inch;
     (B) Are equipped with a relief valve;
     (C) Are approved under the American
Society of Mechanical Engineers code adopted by the board; and
     (D) Are set at a maximum pressure of 150
pounds per square inch or less.
     (2) Notwithstanding subsection (1) of this
section, if the board, upon presentation of satisfactory evidence, determines
that danger to health or safety is evident in any pressure vessel or class of
pressure vessels exempted under subsection (1)(g) of this section, the board
may require the inspection or reinspection of the pressure vessel or class of
pressure vessels and make the pressure vessel or class of pressure vessels
subject to the fee, construction or other requirements of ORS 480.510 to
480.670.
     (3) The following boilers and pressure
vessels are exempt from ORS 480.510 to 480.670, except as to all provisions
relating to construction, installation, alteration or repair and to the
inspection and fees in connection with construction, installation alteration or
repair:
     (a) Boilers that are not operated at gauge
pressures of more than 15 pounds per square inch and that 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) Boilers and pressure vessels that are
located in private residences and may be inspected only by a boiler inspector.
     (d) Pressure vessels being operated at
gauge pressures of less than 15 pounds per square inch and equipped with a
pressure relief device set to open at a pressure that does not exceed the
lesser of the pressure vesselÂ’s maximum allowed working pressure or 15 pounds
per square inch gauge pressure.
     (4) The Director of the Department of
Consumer and Business Services may adopt rules identifying boilers and pressure
vessels used in single family dwellings or other structures that may be
inspected by an inspector certified under ORS 455.715 to 455.740 for a
specialty code other than the code adopted under ORS 480.545. The boilers and
pressure vessels identified in the rules shall be subject to inspection upon
installation, alteration or repair, but be exempt from periodic inspection
under ORS 480.560 and from the operating permit requirements of ORS 480.585.
     (5) Notwithstanding any requirement of ORS
480.510 to 480.670 or the state building code, the Department of Consumer and
Business Services may adopt rules granting partial or complete exemption from
ORS 480.510 to 480.670 for a boiler or pressure vessel if the board determines
that the boiler or pressure vessel does not present a danger to public health
or safety within this state. [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; 2007 c.386 §1; 2007 c.487 §5]
     480.530
Powers and duties of department. 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 the departmentÂ’s intentions. The
notice shall be in writing, shall advise the person concerned of the departmentÂ’s
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 cause 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 boiler 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; 2007 c.71 §162]
     480.535
Board of Boiler Rules; members; duties; qualifications; confirmation; rules. (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
     (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
     (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
     (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 memberÂ’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]
     480.540
Term of members; removal; meetings; compensation and expenses. (1) The term of office of a member of the
Board of Boiler Rules 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:
     (a) The board shall meet not less than
four times a year.
     (b) The chief boiler 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; 2007 c.71 §163]
     480.545
Rules; minimum safety standards; fees. (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 shall adopt rules
establishing a continuing education requirement for persons described in ORS
480.630 (8) and fees necessary for the administration and enforcement of the
continuing education requirement.
     (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 directorÂ’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; 2007 c.271 §8]
     480.550
Minimum safety standards; effect on existing vessels; application of subsequent
amendments. (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]
     480.555
Prohibitions relating to nonconforming vessels; exemptions. (1) Except as provided in ORS 480.525 (1), a
person may not:
     (a) Make or direct the construction,
installation, repair or alteration of a boiler or pressure vessel that 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 boiler inspector as prescribed by rules promulgated
under ORS 480.545.
     (2) Nothing in this section restricts the
construction of boilers or pressure vessels in
     480.557 [Formerly 447.135; 1987 c.847 §2; 1991 c.518
§8; repealed by 1999 c.712 §1 and 1999 c.713 §2]
     480.560
Inspections; testing; rules.
(1) The Board of Boiler Rules shall adopt rules to provide for the inspection
of the installation, operation and condition of boilers and pressure vessels
that are used or proposed for use in this state and not made exempt from periodic
inspection under ORS 480.510 to 480.670.
     (2) Pressure piping that is nonboiler
external piping, but that excludes potable water nonboiler external piping,
shall be inspected on installation only and may 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).
     (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 the boiler or pressure vessel and witnessed by a deputy or
special inspector.
     (4) All boilers and pressure vessels to be
installed in this state shall be inspected during construction:
     (a) By an inspector authorized to inspect
boilers in this state or authorized under ORS 455.715 to 455.740 to perform
inspections of boilers and pressure vessels identified by rule as provided in
ORS 480.525 (4); or
     (b) 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; 2007
c.487 §6]
     480.565
Chief and deputy inspectors; special inspectors. The Director of the Department of Consumer
and Business Services shall:
     (1) Appoint a chief boiler 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 issued by a state that has
standards of examination equal to those of the State of Oregon and that
recognizes certificates of competency issued by the State of Oregon, and has
passed an examination that assesses the applicantÂ’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 boiler 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 qualifies 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
     (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; 2007 c.71 §165]
     480.570
Inspections by special inspectors or others; effect on permit fee; exempt
boilers and vessels. (1) A
special inspector receiving a certificate of competency under ORS 480.565
(3)(b) may not inspect under ORS 480.510 to 480.670 any boiler or pressure
vessel not used or not to be used by the employer of the special inspector.
     (2) If a special inspector holds a
certificate of competency issued under ORS 480.565 (3)(a), the special
inspector:
     (a) May conduct periodic 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) Upon being notified that the boilers
or pressure vessels are ready for inspection, shall perform all installation
and operating inspections required under ORS 480.510 to 480.670 on boilers and
pressure vessels that are operated or insured by the special inspectorÂ’s
employer.
     (3) A boiler contractor licensed under ORS
480.630 that performs an alteration or repair on a boiler or pressure vessel
shall utilize the services of:
     (a) An authorized inspector certified
under this chapter with whom the contractor has an agreement for inspection of
the alteration or repair;
     (b) A special inspector of an insurance
company with which the contractor has an inspection contract; or
     (c) A designated inspector who is
authorized to inspect the alteration or repair.
     (4) 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).
     (5) If a boiler or pressure vessel is
inspected by a special inspector as provided in this section, the boiler or
pressure vessel is subject during the inspection period to the special permit
fee described in ORS 480.600 (2) instead of the operating permit fee
established under ORS 480.595.
     (6) The Department of Consumer and
Business Services may cause a deputy inspector to inspect or reinspect all
boilers and pressure vessels that a special inspector is authorized or required
to inspect. However, the deputy inspector may not conduct an 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 and opportunity to be present during the
internal inspection or reinspection.
     (7) Subsections (1) to (6) of this section
do not apply to boilers or pressure vessels located in a residential structure
that contains fewer than six dwelling units. [1961 c.485 §14; 1969 c.582 §12;
1983 c.676 §12; 1991 c.518 §5; 2007 c.487 §7]
     480.575 [1961 c.485 §15; 1969 c.582 §13; 1983 c.676 §13;
1999 c.598 §1; 2001 c.104 §222; repealed by 2005 c.758 §56]
     480.580
Access to buildings and premises by inspectors. (1) The chief boiler 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 that is covered by ORS 480.510 to 480.670 and that the chief
boiler inspector or the deputy inspector has reasonable cause to believe is
located therein.
     (2) No person shall interfere with or
prevent any such inspection by the chief boiler inspector or a deputy
inspector. [1961 c.485 §16; 1969 c.582 §14; 1983 c.676 §14; 2007 c.71 §166]
     480.585
Permit for operation of vessels; rules for waiver. (1) Any person may apply to the Department
of Consumer and Business Services for an operating 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) An operating permit for a boiler or
pressure vessel shall 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 an operating permit if the department finds that the boiler or
pressure vessel, or related appurtenances, for which the permit was issued does
not 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 departmentÂ’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. If 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
operating permit issued under this section is attached to the boiler or
pressure vessel 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 operating permit issued under this section
is attached to the boiler or pressure vessel 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 operating permit
issued under this section is attached to the boiler or pressure vessel or
posted in a conspicuous place in the room where the boiler or pressure vessel
is located.
     (5) The board may adopt rules waiving
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; 2007 c.487 §8]
     480.590 [1961 c.485 §10; repealed by 1983 c.676 §31]
     480.595
Permits; rules; fees. (1)
The Department of Consumer and Business Services may adopt rules establishing
procedures and requirements regarding operating permits, including but not
limited to the term for which an operating permit is valid.
     (2) Upon timely receipt of an operating
permit fee, the department may issue or renew an operating permit.
     (3) Operating permit fees shall be
prescribed by the Board of Boiler Rules with approval of the Oregon Department
of Administrative Services, and may be prorated.
     (4) 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
     (5) 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; 2007 c.487 §9]
     480.600
Special provisions on permit and inspection fees; notice from insurer. (1) The operating permit fee established
under ORS 480.510 to 480.670, for a quantity of boilers or 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 inspectorÂ’s mileage to the place of inspection. The
operating permit fee charged for a quantity of boilers or pressure vessels available
for inspection at the same location may not exceed the total amount that would
be charged for individual boiler or pressure vessel operating permit fees under
ORS 480.510 to 480.670.
     (2)(a) Notwithstanding ORS 480.595, except
as provided in this subsection, the owner or user of any boiler or pressure
vessel that is to be inspected under ORS 480.570 (1) or (2) during the
inspection period shall pay to the Department of Consumer and Business Services
a special permit fee of $25. However, the department may require payment of an
operating permit fee as provided in ORS 480.595 if the department finds the
boiler or pressure vessel to be in violation of the minimum safety standards
during the inspection period.
     (b) For a quantity of boilers or pressure vessels
inspected at the same location, the board may establish a different special
permit fee that recognizes the lower costs of handling. The special permit fee
charged for a quantity of boilers or pressure vessels inspected at the same
location may not exceed the total amount that would be charged for individual
boiler or pressure vessel special permit fees under paragraph (a) of this
subsection.
     (3) If an insurance company notifies its
insured that the insurance company 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.
     (4) If 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 is delinquent and 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; 2007 c.487 §10]
     480.605
Miscellaneous fees. 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
inspectorsÂ’ examinations and for the renewal of inspectorsÂ’ 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; 2007
c.271 §9]
     480.607
Fee increase.
Notwithstanding the fees prescribed in ORS 480.595 (4) and (5), 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; 2007 c.487 §11]
     480.610
Disposition of fees. 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]
     480.615
Appeals. (1) The Board of
Boiler Rules shall hear the appeal of an appellant who:
     (a) Has filed a timely written request
and:
     (A) Has received notice that a restraining
order or injunction will be sought;
     (B) Has received notice that an operating
permit will be suspended or revoked; or
     (C) Is affected by either of such notices;
or
     (b) 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 daysÂ’ written notice.
     (3) All appeals shall be heard within
three months of receipt of the request unless an immediate menace to health or
safety is involved, in which case 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; 2007 c.71 §167; 2007
c.487 §12]
     480.630
Licensing of boiler contractors and persons installing, altering or repairing
boilers or pressure vessels; examination; fee; continuing education. (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 boiler inspector may conduct
examinations for licensing an employee or agent of a business to establish the
competency of the applicant.
     (4) Upon payment of the applicable
application fee, the department shall issue a license to an applicant who
qualifies as provided in rules adopted under ORS 455.117 by the Board of Boiler
Rules. Upon payment of the applicable renewal application fee, the department
shall renew the license of a person who complies with ORS 480.510 to 480.670
and the rules adopted by the board under ORS 455.117 or 480.545. The fee to
apply for or renew a license is:
     (a) $25 per year for an employee or agent
license.
     (b) $150 per year 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 install, alter or repair 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. An install, alter or repair
permit fee of $15 shall be paid directly to the department.
     (6) If an emergency exists, a permit under
subsection (5) of this section is not required in advance for boiler or
pressure vessel installations or repair, provided that an application
accompanied by the appropriate fee for the 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 and ORS 480.632 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 comply
with continuing education requirements. [1973 c.830 §4; 1983 c.676 §20; 1987
c.414 §36; 1991 c.201 §5; 2001 c.678 §3; 2005 c.758 §36; 2007 c.71 §168; 2007
c.487 §§13,13a]
     480.632
Employment of unlicensed worker prohibited. A person licensed, or required to be licensed, under ORS 480.630 to
engage in the business of installing, repairing or altering boilers or pressure
vessels 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; 2007 c.306 §4]
     480.634
Exemption of journeyman plumber for certain activities. (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]
     480.635 [1973 c.830 §5; 1983 c.676 §21; repealed by
2005 c.758 §56]
     480.640
When court action not available. 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 license
issued under ORS 480.630. This section does not apply to a person exempted from
licensing by ORS 480.630 (7). [1983 c.676 §25; 1991 c.518 §11; 2005 c.758 §39;
2007 c.487 §14]
     480.645
Standardized examination; administration. (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]
     480.647
Quality control procedures for welding on nonboiler external piping; rules. (1) The Board of Boiler Rules may adopt
rules creating quality control procedures for welding on nonboiler external
piping and may adopt its own
     (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]
     480.660
Notice of violation; correction; when use prohibited; appeal. (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]
     480.665 [1983 c.676 §27; 1991 c.734 §47; 1999 c.846 §3;
repealed by 2001 c.411 §31]
     480.670
Civil penalty for Boiler and Pressure Vessel Law violations; disposition of
penalty moneys. 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.
Moneys received by the Department of Consumer and Business Services or the
board from civil penalties imposed under this section or ORS 455.895 (1)(c)
shall be deposited to the Consumer and Business Services Fund created under ORS
705.145 and used only for the administration and enforcement of ORS 480.510 to
480.670 and 480.990 (8). [2001 c.411 §10; 2007 c.898 §2]
     Note: The amendments to 480.670 by section 2,
chapter 898, Oregon Laws 2007, become operative July 1, 2008, and apply to
civil penalty moneys received on or after July 1, 2008. See sections 3 and 4,
chapter 898, Oregon Laws 2007. The text that is operative until July 1, 2008,
is set forth for the userÂ’s convenience.
     480.670. 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.
PENALTIES
     480.990
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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