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

ORS 480.540. Term of members; removal; compensation and expenses. (1) The term of office of a member of the Board of Boiler Rules is four years and a member is not 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) The chief boiler inspector shall serve without a vote as secretary of the board. (3) The Governor may remove any member of the board for cause. (4) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.
ORS Chapter 480 — Explosives; Flammable

ORS 480.545. 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. (6) 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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 Oregon that are installed outside Oregon and that do not conform to the provisions of ORS 480.510 to 480.670.
ORS Chapter 480 — Explosives; Flammable

ORS 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
ORS Chapter 480 — Explosives; Flammable

ORS 480.565. (a) May conduct shop inspections of boilers and pressure vessels manufactured or to be installed in this state whether or not the 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 inspectors 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 inspectors 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 to the installation permit and operating permit fees described in ORS 480.600 (2) instead of the installation permit and operating permit fees 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: (a) There is a question as to whether or not the boiler or pressure vessel meets the minimum safety standards; and (b) 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.570. Inspections by special inspectors or others; effect on permit fees; 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
ORS Chapter 480 — Explosives; Flammable

ORS 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
ORS Chapter 480 — Explosives; Flammable

ORS 480.585. Temporary operation authorization; operating permit; suspension or revocation. (1) After a boiler or pressure vessel has successfully passed an installation inspection, the Department of Consumer and Business Services may issue a temporary operation authorization. The boiler or pressure vessel covered by the temporary operation authorization may only be operated during the period specified in the temporary operation authorization. (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. (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
ORS Chapter 480 — Explosives; Flammable

ORS 480.595. Permits; rules; fees. (1) The Department of Consumer and Business Services may adopt rules regarding installation permits and operating permits. The rules may include, but need not be limited to, rules creating standardized forms, establishing operating permit fees, establishing permit cycles and setting terms and conditions for permit validity. (2) Upon timely receipt of an installation permit fee, the department may issue an installation permit, perform an installation inspection and issue a temporary operating authorization. (3) Upon timely receipt of an operating permit fee, the department may issue or renew an operating permit and may perform a periodic inspection if required during the operating permit cycle. (4) Except as provided in ORS 480.525 and 480.600, installation permit fees are as follows: (a) For boilers, $175. (b) For pressure vessels, $125. (5) Except as provided in ORS 480.600, maximum operating permit fees per year are as follows: (a) Power boilers of 15 horsepower or less $110 (b) Other boilers of 15 horsepower or less $ 55 (c) Power boilers greater than 15 horsepower to 100 horsepower $110 (d) Other boilers greater than 15 horsepower to 100 horsepower $ 55 (e) Power boilers greater than 100 horsepower to 500 horsepower $110 (f) Other boilers greater than 100 horsepower to 500 horsepower $ 55 (g) Power boilers greater than 500 horsepower $110 (h) Other boilers greater than 500 horsepower $ 55 (i) Notwithstanding paragraphs (a) to (h) of this subsection, all cast iron boilers $ 55 (j) Pressure vessels having a product volume of 20 cubic feet or less $ 50 (k) Pressure vessels having a product volume greater than 20 cubic feet $ 50 (6) For a reinspection, the fee is $75. (7) For the submission of plans and other pertinent data when required, for each boiler or pressure vessel, the fee is $78.
ORS Chapter 480 — Explosives; Flammable

ORS 480.600. Special provisions on permit and inspection fees; notice from insurer. (1) For a quantity of boilers or pressure vessels operated at the same locations, each operating permit fee under ORS 480.595 issued at the same location is $75. (2) Notwithstanding ORS 480.595 and except as provided in this subsection, the installing, altering or repairing contractor or the owner or user of any boiler or pressure vessel that is inspected under ORS 480.570 (1) or (2) shall pay an installation permit fee of $40 and an operating permit fee of $40. The Department of Consumer and Business Services may establish operating permit cycles by rule. The department may require payment of an installation or operating permit fee as provided in ORS 480.595 if the department finds that the boiler or pressure vessel is in violation of the minimum safety standards. (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 90 days after the billing date, the department may consider the fee delinquent and double the amount of the 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.605. Miscellaneous fees. The Department of Consumer and Business Services may: (1) Collect fees for shop inspections, or for inspections, testing, consultations, site visits or other services for which no fee is otherwise specified, in the amount of $75 per hour of travel and inspection time. (2) Collect a fee for welding and inspectors examinations and for the renewal of inspectors certifications. The Board of Boiler Rules shall fix the amount of the fee.
ORS Chapter 480 — Explosives; Flammable

ORS 480.610. Disposition of fees. All receipts from fees, charges, costs and expenses under ORS 480.510 to
ORS Chapter 480 — Explosives; Flammable

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 directors written objections, and the rules do not become effective until approved by the director.
ORS Chapter 480 — Explosives; Flammable

ORS 480.630. Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels; installation permits; fees; 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) $27.50 per year for an employee or agent license. (b) $165 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 installation permit is first secured from the department. The department shall issue permits only to persons possessing a valid boiler contractor license or as provided by the department by rule. (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.
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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).
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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 Oregon welded stamp symbol. (2) The board may not require the adoption of R stamp provisions of the National Board of Boiler and Pressure Vessel Inspectors 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 certificate of authorization by the National Board of Boiler and Pressure Vessel Inspectors or the American Society of Mechanical Engineers 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.
ORS Chapter 480 — Explosives; Flammable

ORS 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.
ORS Chapter 480 — Explosives; Flammable

ORS 480.670. alteration or repair and to installation permits: (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 vessels maximum allowed working pressure or 15 pounds per square inch gauge pressure. (4)(a) Beverage service tanks that have a product volume of five cubic feet or less are exempt from ORS 480.510 to 480.670. (b) Except as provided in paragraph (c) of this subsection, beverage service tanks that have a product volume of more than five cubic feet are exempt from ORS