71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2760
A-Engrossed
House Bill 2899
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by Representative HANSEN (at the request of Plumbers
and Pipefitters Local 290, PMCA)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates continuing education requirement for { + certain + }
persons having certificate { - or business license - } issued
by Board of Boiler Rules. Allows board to adjust fees to cover
cost of administering continuing education registry.
A BILL FOR AN ACT
Relating to persons regulated by Board of Boiler Rules; amending
ORS 480.545, 480.607 and 480.630.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 480.545 is amended to read:
480.545. (1) Under ORS 183.310 to 183.550 the Board of Boiler
Rules may adopt and enforce rules and minimum safety standards to
carry out ORS 480.510 to 480.665 and adopt standards for persons
performing welding on boilers and pressure vessels.
(2) All proceedings in the administration of ORS 480.510 to
480.665 shall be conducted under ORS 183.310 to 183.550 and,
additionally, where applicable, under ORS 480.615.
(3) In addition to the rules otherwise provided, and subject to
ORS 183.310 to 183.550, the board shall adopt rules concerning
the times, dates, frequency and manner of giving notice to
interested persons of intention to consider one or more of the
things which the board may consider under this section.
(4) All rules and minimum safety standards adopted under this
section shall be reasonable and in substantial conformity with
generally accepted nationwide engineering standards. In adopting
rules the board shall consider the probability, extent and
gravity of injuries to health and property which would result
from the failure to adopt the standards being considered and the
standards followed, proposed or approved by members of affected
industries.
{ + (5) The board, by rule, shall adopt fees necessary for
the administration and enforcement of the continuing education
requirement under ORS 480.630. + }
{ - (5) - } { + (6) + } Any rule adopted by the board under
ORS 480.510 to 480.665 shall be submitted to the Director of
Department of Consumer and Business Services. The director shall
have 30 calendar days from the date of adoption of the rules to
review them. If the director fails to disapprove the rules within
the 30-day period, the rules become effective in accordance with
their terms and as provided by law. If the director disapproves
the rules within the 30-day period, the rules immediately shall
be returned to the board with the director's written objections,
and the rules { - shall - } { + do + } not become effective
until approved by the director.
SECTION 2. ORS 480.607 is amended to read:
480.607. Notwithstanding the fees prescribed in ORS 480.595 (3)
and (4), 480.600 (2) and 480.630 (4) and (6), and subject to the
prior approval of the Department of Consumer and Business
Services, the Oregon Department of Administrative Services and a
report to the Emergency Board prior to adopting the fees, the
Board of Boiler Rules may increase the fees referred to in this
section by an amount not greater than 10 percent. The fees shall
be within the budget authorized by the Legislative Assembly as
that budget may be modified by the Emergency Board. The fees
{ - shall - } { + must + } not exceed the cost of the
program { + , including but not limited to the cost of
administering a continuing education registry + }.
SECTION 3. ORS 480.630 is amended to read:
480.630. (1) { - No person shall - } { + A person may
not + } engage in the business of installing, repairing or
altering boilers or pressure vessels unless the person first
obtains a license therefor from the Department of Consumer and
Business Services.
(2) { - No person shall - } { + A person may not + }
install, repair or alter boilers or pressure vessels as an
employee of a business engaged in the installing, repairing or
altering of boilers or pressure vessels unless the person first
obtains certification therefor from the department.
(3) The chief inspector may conduct examinations for
certification of an employee or agent of a business to establish
the competency of the applicant.
(4) Licenses and certification shall be issued by the
department upon recommendation of the Board of Boiler Rules and
upon payment of a fee of $25 for each application for an employee
or agent's certification and $150 for each application for a
business license.
(5) The licenses and certifications shall be renewed annually
without reexamination upon payment of the fees in subsection (4)
of this section { + and, for renewal of a certificate,
compliance with the continuing education requirement established
in subsection (9) of this section + }.
(6) { - No person shall - } { + A person may not + }
install, alter or repair a boiler or pressure vessel without
first securing a permit therefor from the department unless the
person is not subject to licensure or certification. Permits
shall be issued only to the persons licensed. A permit fee of $15
shall be paid directly to the department.
(7) In the case of an emergency, a permit is not required in
advance for boiler or pressure vessel installations, or repair,
as required under subsection (6) of this section, if an
application accompanied by the appropriate fee for a permit is
submitted to the department within five days after the commencing
of the boiler or pressure vessel work.
(8) The certification and examination requirements of this
section do not apply when a person is brought in from out of
state to repair or alter a boiler or pressure vessel utilizing
special tools or a special process for which that person is
uniquely qualified. The activity shall be limited solely to the
special process and the person performing the work shall have
qualifications which meet or exceed the state's certification
standards as determined by the chief boiler inspector. The chief
boiler inspector shall be notified prior to performance of any
work under this subsection.
{ + (9) A person having a certificate issued under subsection
(4) of this section must complete eight hours of board-approved
continuing education every year.
(10) The continuing education requirement established in
subsection (9) of this section applies only to persons certified
by the board to perform work equivalent to that performed by
pressure vessel installers, building service mechanics,
boilermakers or pressure piping mechanics. + }
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