reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 181A.195. 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 181A.195 (5) and (6), the Department of State Police shall maintain in the department’s files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under ORS 181A.195 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.290 - Requirements for person driving vehicle transporting explosives.

(1) Each person who drives or has charge of a vehicle transporting explosives must comply with the requirements of the United States Department of Transportation.
(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; 2009 c.164 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.310 - Definitions for ORS 480.310 to 480.385.

As used in ORS 480.310 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.332 - Fuel dispensing devices.

(1) A filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may not designate more than the same number of fuel dispensing devices for self-service use by customers as are designated for attended service by an owner, operator or employee of the dispensary of Class 1 flammable liquids.
(2) A self-service fuel dispensing device may be equipped with an automated payment device and must be equipped with an automatic nozzle as described in ORS 480.340.
(3) A filling station, service station, garage or other dispensary offering fuel dispensing devices for self-service must:
(a) Post one or more notification signs that are clearly readable by an operator of a motor vehicle stating which fuel dispensing devices are designated for self-service and which fuel dispensing devices are designated for attended service by an owner, operator or employee of the dispensary of Class 1 flammable liquids; and
(b) Designate at least one person to provide attended service.
(4) Except as provided in ORS 480.341 and subsection (7) of this section, a filling station, service station, garage or other dispensary may allow self-service dispensing of Class 1 flammable liquids at retail only during hours that the dispensary makes an owner, operator or employee of the dispensary available for the dispensing of Class 1 flammable liquids.
(5) The price charged for Class 1 flammable liquids must be identical at a self-service fuel dispensing device and at any fuel dispensing device reserved for use by an owner, operator or employee of a dispensary.
(6) Sales under subsection (4) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.310 to 480.385 regulating nonretail facilities.
(7) The operator of a motorcycle, as defined in ORS 801.365, may dispense Class 1 flammable liquids into the operator’s motorcycle, regardless of whether an owner, operator or employee of the dispensary offers use of self-service fuel dispensing devices for use by customers.
(8) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.310 to 480.385. [2023 c.607 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.340 - 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 a device that permits the dispensing of the liquids when the operator of the discharge nozzle removes the operator’s hand from the control lever, unless the device is equipped with an automatic nozzle of a type that has been approved by the State Fire Marshal and that has as an integral part of the automatic nozzle assembly a latch-open device 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. [Amended by 1959 c.73 §2; 2001 c.285 §2; 2023 c.607 §3]
Note:
Sections 1 and 2, chapter 261, Oregon Laws 2023, provide:
Sec. 1.
(1) As used in this section, "2020 wildfires" includes all wildfires within Marion County that were identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020.
(2) Notwithstanding ORS 480.320 [repealed], 480.330 [repealed], 480.340 and 480.349 [repealed], and subject to ORS 480.344, a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may permit a customer to use or manipulate a device for dispensing liquids into the fuel tank of a motor vehicle or other retail container, regardless of whether an owner, operator or employee of the dispensary is present at the dispensary if:
(a) The dispensary is located within a city of Marion County that was directly impacted as a result of the 2020 wildfires; and
(b) The city described in paragraph (a) of this subsection is located at least 15 driving miles from another city with a retail dispensary, measured by the shortest distance by public roads between the two dispensaries.
(3) Sales under subsection (2) of this section do not make a filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail subject to any provisions of ORS 480.315 to 480.385 [series became 480.310 to 480.385] regulating nonretail facilities.
(4) This section does not prohibit, limit or condition any dispensing of Class 1 flammable liquids or diesel fuel otherwise authorized under ORS 480.315 to 480.385. [2023 c.261 §1]
Sec. 2.
Section 1 of this 2023 Act is repealed on January 2, 2029. [2023 c.261 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.344 - Equal access for persons with disabilities.

A filling station, service station, garage or other dispensary subject to ORS 480.332 or 480.341, that makes an owner, operator or employee available for dispensing Class 1 flammable liquids, shall provide equal access to the dispensing services of the dispensary to persons with disabilities. Equal access shall be provided by:
(1) Posting a sign that is clearly readable by an operator of a motor vehicle that notifies persons with disabilities that refueling assistance may be requested by:
(a) Contacting the dispensary owner, operator or employee at the telephone number provided in the sign; and
(b) Signaling to the dispensary owner, operator or employee in any other manner described in the sign;
(2) Providing refueling assistance upon request of a person with a disability; and
(3) Providing refueling assistance without charging an additional service fee. [2019 c.237 §1; 2023 c.607 §8]
Note:
480.344 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.347 - Use of gasoline dispensing device by emergency service volunteer; conditions.

Notwithstanding any restriction in ORS 480.332, 480.341 or 480.345, 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 a qualified emergency service volunteer as defined in ORS 401.358 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; 2009 c.718 §26; 2023 c.607 §7]
Note:
Sections 10 and 11, chapter 607, Oregon Laws 2023, provide:
Sec. 10.
The Department of the State Fire Marshal, in collaboration with organizations representing filling stations, service stations, garages or other dispensaries, may engage in public outreach efforts to educate the public generally about the changes in attended fuel service laws and to educate operators of filling stations, service stations, garages or other dispensaries where Class 1 flammable liquids are dispensed at retail about the requirements under section 2 of this 2023 Act [480.332], the amendments to ORS 479.180, 480.340, 480.341, 480.344, 480.345 and 480.347 by sections 3 to 8 of this 2023 Act and the repeal of ORS 480.315, 480.320, 480.330, 480.343 and 480.349 by section 9 of this 2023 Act. [2023 c.607 §10]
Sec. 11.
Section 10 of this 2023 Act is repealed on January 2, 2024. [2023 c.607 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 $300.
(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 $10 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 $300.
(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; 2010 c.107 §§11,12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.310 to 480.385 or any applicable rule adopted by the State Fire Marshal. [1991 c.863 §52]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.310 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.310 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 480.310 to 480.385 and any applicable rule adopted by the State Fire Marshal.
(3) The State Fire Marshal shall have the same authority to enter into all buildings and upon all dispensing facilities for the purpose of inspection as is specified in ORS chapter 476 relating to inspection of fire hazards.
(4) Upon receiving a complaint, or upon the State Fire Marshal’s own motion, the State Fire Marshal shall investigate whether a violation of any provision of ORS 480.310 to 480.385 or of any applicable rule of the State Fire Marshal has occurred. [1991 c.863 §53]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.310 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.310 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.347 by sections 3 to 8, chapter 607, Oregon Laws 2023, if the conduct occurs on or after March 1, 2024. [2023 c.607 §12]
Note:
480.387 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 480.410 - Definition.

As used in ORS 480.420 to 480.460, "LP gas" or "liquefied petroleum gas" means any liquid composed predominantly 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; 2009 c.790 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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. [Amended by 1957 c.712 §2; 1961 c.477 §1; 1967 c.417 §26; 2009 c.790 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 manufacturer’s warranty. The provisions of this section do not apply to LP gas work on recreational vehicles as defined in ORS 174.101. [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; 2019 c.422 §37]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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. [1957 c.712 §5; 1967 c.417 §28; 1987 c.346 §1; 2003 c.652 §2; 2009 c.790 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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. [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; 2009 c.790 §§6,7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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. [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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 government’s 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:
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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 State Fire Marshal to the State 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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. [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; 2009 c.696 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 480 - Explosives; Flammable Materials; Pressure Vessels › Section 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 480.670 by establishing fees to be charged for:
(a) Issuing operating permits;
(b) Issuing installation permits;
(c) Giving examinations; and
(d) Making inspections. [1961 c.485 §2; 1969 c.583 §3; 1983 c.676 §4; 2007 c.487 §4; 2009 c.696 §12]