justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 480 — Explosives; Flammable

ORS 480.387. Timeline for imposing civil penalties. Notwithstanding ORS 480.385, the State Fire Marshal may only impose civil penalties for conduct violating ORS 480.332 or the amendments to ORS 479.180, 480.340, 480.341, 480.344, 480.345 and
ORS Chapter 480 — Explosives; Flammable

ORS 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:
ORS Chapter 480 — Explosives; Flammable

ORS 480.410. Treasurer monthly and shall constitute and be an appropriation to the Department of the State Fire Marshal 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; 2021 c.539 142] BOILERS AND PRESSURE VESSELS
ORS Chapter 480 — Explosives; Flammable

ORS 480.420. Liquefied 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 liquefied 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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]
ORS Chapter 480 — Explosives; Flammable

ORS 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 performed during the construction of the manufactured dwelling, or the alteration or repair of an LP gas installation in a manufactured dwelling made pursuant to the manufacturers warranty. The provisions of this section do not apply to LP gas work on recreational vehicles as defined in ORS 174.101.
ORS Chapter 480 — Explosives; Flammable

ORS 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 $55, 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.436. License fees; term of licenses; delinquency penalty. (1) The annual fee for the LP gas installation license is $130. (2) The biennial fee for an LP gas fitter license or an LP gas truck equipment license is $60. (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. An LP gas fitter license or an LP gas truck equipment license continues in force for two years from the date of issuance. 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 $30 is imposed for the delinquency.
ORS Chapter 480 — Explosives; Flammable

ORS 480.440. Inspection of certain storage tanks; fee. The State Fire Marshal shall annually inspect an installation of storage tanks located at dealers plants. The State Fire Marshal may annually inspect an installation of tanks used for delivery purposes. The State Fire Marshal shall collect a fee of $100 for each plant inspection and $24 for each delivery unit inspection.
ORS Chapter 480 — Explosives; Flammable

ORS 480.445. Regulation of liquefied petroleum gas container or receptacle siting and installation. (1) The regulation of liquefied 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 liquefied 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 liquefied 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 liquefied petroleum gas containers or receptacles in a flood plain regulated by local ordinance. (c) Regulate the siting and installation of liquefied petroleum gas containers or receptacles that are not accessory to an authorized or authorizable land use. (d) Prohibit the siting and installation of liquefied 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 governments assistant to the State Fire Marshal as described in ORS 476.060, the placement of liquefied petroleum gas containers or receptacles for the purpose of fire prevention. [2005 c.88 2; 2009 c.790 8] Note:
ORS Chapter 480 — Explosives; Flammable

ORS 480.460. Disposition of fees. All fees received by the State Fire Marshal under ORS 480.200 to 480.290 and
ORS Chapter 480 — Explosives; Flammable

ORS 480.510. revoking a permit, the department shall first notify the person concerned of the departments 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 temporary operation authorization or 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 temporary operation authorization or 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 temporary operation authorization or 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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) Alteration means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment. (2) Board means the Board of Boiler Rules created under ORS 480.535. (3) 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. (4) 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. (5) Certificate of competency means a certificate issued under the provisions of ORS 480.565 (3). (6) Department means the Department of Consumer and Business Services. (7) Director means the Director of the Department of Consumer and Business Services. (8) Installation permit means a permit issued by the department for the installation, alteration or repair of a boiler or pressure vessel. (9) 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. (10) 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. (11) Operating permit means a permit issued by the department authorizing the operation of a boiler or pressure vessel. (12) 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. (13) Related appurtenances means any equipment instrumental to the safe operation of a boiler or pressure vessel. (14) Shop inspection means an inspection at a boiler or pressure vessel manufacturing, construction or repair facility. (15) Temporary operation authorization means an authorization issued by the department to operate a boiler or pressure vessel for a specified period pending the issuance of an operating permit.
ORS Chapter 480 — Explosives; Flammable

ORS 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 Oregon and to protect property situated in Oregon from the hazard of fires and explosions caused by boilers and pressure vessels. To accomplish this purpose the Legislative Assembly intends by ORS 480.510 to 480.670 to provide a system: (1) For determining where and by whom boilers and pressure vessels are being constructed, installed, repaired, used and operated. (2) To 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
ORS Chapter 480 — Explosives; Flammable

ORS 480.525. Exempt vessels; rules; fee. (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 the vessels must comply with ORS 480.510 to 480.670 and are 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
ORS Chapter 480 — Explosives; Flammable

ORS 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 departments intentions. The notice shall be in writing, shall advise the person concerned of the departments 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 codes applicable to boilers and pressure vessels. (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.
ORS Chapter 480 — Explosives; Flammable

ORS 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 Oregon; (c) One person who is regularly engaged in the inspection of boilers and pressure vessels and who is employed by an insurer who may and does write policies of boiler and pressure vessels explosion insurance in Oregon; (d) One person who is a mechanical engineer registered by the State of Oregon; (e) One person who is a boilermaker; (f) One person who is the owner and user or who is a representative and employee of an owner and user of a low pressure boiler in Oregon; (g) One person who is the owner and user or who is a representative and employee of an owner and user of a pressure vessel in Oregon and who has had practical experience with pressure vessels; (h) One person who is an owner or employee of a business engaged in the installation and repair of boilers; (i) One person who is a steamfitter; (j) One person who is a practical steam operating engineer; and (k) One person who is a member of the public not otherwise eligible for appointment to the board. (3) A member of the board who does not continue to meet the qualifications for board membership under subsection (2) of this section during the members 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.