Chapter 652 Oregon Laws 2003

AN ACT

HB 2248

Relating to liquid petroleum gas; amending ORS 480.432, 480.434, 480.436, 480.440 and 480.450.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 480.432 is amended to read:

480.432. (1) A person [shall] 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 [such] 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 [shall] may not do any LP gas fitting or gas venting work, install, repair or remodel any piping or venting [nor] or do any installation, repair service, connection or disconnection of any LP gas appliance [which] 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 [shall] 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’s certificate under ORS 693.060 or who is in an approved journeyman plumber apprenticeship established under ORS chapter 660 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 certificate issued by the Board of Boiler Rules under ORS 480.630 authorizing 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.

[(6)] (7) The provisions of this section [shall] do not apply to LP gas installations in a manufactured dwelling or recreational vehicle performed during the construction of the manufactured dwelling or recreational vehicle, or the alteration or repair of an LP gas installation in a manufactured dwelling or recreational vehicle made pursuant to the manufacturer’s warranty.

SECTION 2. ORS 480.434 is amended to read:

480.434. (1) The State Fire Marshal shall examine applicants for licenses required under ORS 480.410 to 480.460 as to their knowledge of LP gas, its properties, related equipment and applicable safety regulations. An applicant for examination must submit an examination application, accompanied by an examination fee of $40, prior to the examination.

(2) LP gas fitters and drivers [shall] must be examined and obtain a license [obtained] after not more than a 60-day probationary period of on-the-job training under licensed supervision.

(3) The State Fire Marshal shall examine [applicants for] LP gas installation [licenses as to their knowledge of] 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.

SECTION 3. ORS 480.436 is amended to read:

480.436. (1) The annual fee for the LP gas installation license [shall be $75, except when the LP gas operation is conducted by business firms located outside the state, in which case the annual fee shall be $220] is $85.

(2) The biennial fee for an LP gas fitter license or an LP gas truck equipment license [shall be] is $15.

(3) All licenses [shall] 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 [shall continue] continues in force for one year from the date of issuance and [shall] is not [be] transferable. An LP gas fitter license or an LP gas truck equipment license [shall continue] continues in force for two years from the date of issuance and [shall] is not [be] transferable. The State Fire Marshal, by rule, may establish a system for staggered license expiration dates[, which] 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 [shall be] are delinquent and a penalty equal to the greater of 10 percent of the [amount of the] license fee amount or $15[, whichever is greater, shall be] is imposed for [such] the delinquency.

SECTION 4. ORS 480.440 is amended to read:

480.440. The State Fire Marshal shall annually inspect an installation of storage tanks located at dealers’ plants [shall be inspected annually]. The State Fire Marshal may annually inspect an installation of tanks used for delivery purposes [may be inspected annually, at the discretion of the State Fire Marshal]. The State Fire Marshal shall collect a fee of [$57.50] $100 for each [such] plant inspection and $24 for each [such] delivery unit inspection.

SECTION 5. ORS 480.450 is amended to read:

480.450. (1) The installer shall notify the State Fire Marshal [shall be notified prior to], before the last day of each month, [by the installer] of all new installations made during the preceding month of containers or receptacles for liquid petroleum gas, including installations for private homes and apartments. The installer shall certify on a form provided by the State Fire Marshal that all [such] of the new installations are duly and properly reported. The State Fire Marshal may require that the notification include the location and description of the installation and the name of the user. All fees due and payable [shall] must accompany the notification. The replacement of empty containers or receptacles with other containers constructed in accordance with Interstate Commerce Commission specifications [shall] is not [be considered such] a new installation or change in the original installation [as to require] that requires notification to the State Fire Marshal or [necessitate] necessitates further inspection of the installation. The State Fire Marshal shall collect from the installer an installation fee of [$24] $35 for each tank installed or for all tanks at the installation if the total combined capacity is 200 gallons or less. The State Fire Marshal or deputies of the fire marshal or assistants shall inspect a reasonable number of [such] the installations and maintain a record of [these] the inspections in the office of the State Fire Marshal.

(2) In addition to any installation or inspection fee, the State Fire Marshal may charge a plan review fee, not to exceed $100, for any liquid petroleum gas container and receptacle plan review required under a uniform fire code prescribed by the State Fire Marshal by rule.

[(2)] (3) After the initial installation, liquid petroleum gas containers may be inspected once every 10 years except when changes have been made in the original installation. An installer making changes must notify the State Fire Marshal [shall be notified] of [such] the changes in the same manner provided in this section for new installations. The State Fire Marshal shall collect from the owner a fee of [$24] $35 for the inspection of each container. The manner of inspection, requirement of corrections, satisfaction of [such] requirements and collection of fees due and payable [shall be in conformity] must conform with the provisions of ORS 480.410 to 480.460 for new installations. Upon request of the State Fire Marshal, LP gas installation licensees shall furnish a list of the locations of 10-year old installations [which] that they service[ upon request of the State Fire Marshal].

[(3)] (4) [When] If, upon inspection of any tank, the new installation does not comply with the requirements of the State Fire Marshal, the State Fire Marshal shall instruct the installer as to what corrections are necessary for compliance with the State Fire Marshal’s requirements. The installer of the new installation shall, within the time set by the State Fire Marshal, [which in no case shall be more than] not to exceed 60 days after notification, notify the State Fire Marshal that the new installation complies with the requirements of the fire marshal. If the installer [so] fails to notify the State Fire Marshal, or the State Fire Marshal has reason to believe that the corrections have not been made, the State Fire Marshal shall reinspect the new installation and shall collect from the installer an additional fee of $24. The user, not the installer, shall [not be held responsible for the payment of such] pay the additional fee resulting from actions of the user [which] that require correction to achieve compliance with the requirements of the State Fire Marshal. [In such a case the user shall pay the additional fee.]

[(4)] (5) [No] A person[, after] who receives notice from the State Fire Marshal[, shall fail to] must correct any improper installation within the time set by the State Fire Marshal, [which in no case shall be more than] not to exceed 60 days after [receiving such] receipt of the notice.

[(5)] (6) If the fees provided for in this section are due and payable and are not paid within 30 days after service of written notice by the State Fire Marshal therefor, or if the installer fails to notify the State Fire Marshal by the last day of the month succeeding the month a new installation is made or a change is made requiring an inspection, the fees [shall be] are delinquent and a penalty equal to the greater of 10 percent of the fee amount [of the fees] or $15, [whichever is greater, shall be] is imposed for [such] the delinquency. The State Fire Marshal shall collect all fees and penalties [shall be collected by the State Fire Marshal] in the name of the State of Oregon in the same manner that other debts are collected.

[(6)] (7) The provisions of this section [shall] do not apply to liquid petroleum gas installations if made entirely within the jurisdiction of a governmental subdivision granted the exemption provided by ORS 476.030 (3) and [when] written evidence of the licensing of [such] the installation by the approved authority is submitted to the State Fire Marshal. The provisions of this section [shall] do not apply to LP gas installations [when] made in manufactured dwellings or recreational vehicles that are constructed or altered in accordance with applicable rules of the Department of Consumer and Business Services.

Approved by the Governor August 14, 2003

Filed in the office of Secretary of State August 15, 2003

Effective date January 1, 2004

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