74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 193
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
CHAPTER ................
AN ACT
Relating to systems subject to Board of Boiler Rules regulation;
creating new provisions; amending ORS 455.148, 455.150,
480.515, 480.520, 480.525, 480.560, 480.570, 480.585, 480.595,
480.600, 480.607, 480.615, 480.630 and 480.640; repealing
section 10, chapter 271, Oregon Laws 2007 (Enrolled House Bill
2219); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 455.148 is amended to read:
455.148. (1)(a) A municipality that assumes the administration
and enforcement of a building inspection program on or after
January 1, 2002, shall administer and enforce the program for all
of the following:
(A) The state building code, as defined in ORS 455.010, except
as set forth in paragraph (b) of this subsection { + . + }
{ - ; - }
(B) Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230 { + . + } { - ; - }
(C) Manufactured dwelling parks and mobile home parks under ORS
chapter 446 { + . + } { - ; - }
(D) Park and camp programs regulated under ORS
455.680 { + . + } { - ; - }
(E) Tourist facilities regulated under ORS 446.310 to
446.350 { + . + } { - ; - }
(F) Manufactured dwelling alterations regulated under ORS
446.155 { + . + } { - ; and - }
(G) Manufactured structure accessory buildings and structures
under ORS 446.253.
{ + (H) Boilers and pressure vessels described in rules
adopted under ORS 480.525 (4). + }
(b) A building inspection program of a municipality may not
include:
(A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 { + except those described in rules adopted under ORS
480.525 (4) + };
(B) Elevator programs under ORS 460.005 to 460.175;
(C) Amusement ride regulation under ORS 460.310 to 460.370;
(D) Prefabricated structure regulation under ORS chapter 455;
Enrolled Senate Bill 193 (SB 193-B) Page 1
(E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
(F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
or
(G) Review of plans and specifications as provided in ORS
455.685.
(2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
(3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
other means are already provided, appoint a person to administer
and enforce the building inspection program, who shall be known
as the building official. A building official shall, in the
municipality for which appointed, attend to all aspects of code
enforcement, including the issuance of all building permits. Two
or more municipalities may combine in the appointment of a single
building official for the purpose of administering a building
inspection program within their communities.
(4)(a) By January 1 of the year preceding the expiration of the
four-year period described in subsection (2) of this section, the
governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if the
municipality is not a county, notify the county whether the
municipality will continue to administer and enforce the building
inspection program after expiration of the four-year period.
(b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
(5) If a city does not notify the director, or notifies the
director that it will not administer the building inspection
program, the county or counties in which the city is located
shall administer and enforce the county program within the city
in the same manner as the program is administered and enforced
outside the city, except as provided by subsection (6) of this
section.
(6) If a county does not notify the director, or notifies the
director that it will not administer and enforce a building
inspection program, the director shall contract with a
municipality or other person or use such state employees or state
agencies as are necessary to administer and enforce a building
inspection program, and permit or other fees arising therefrom
shall be paid into the Consumer and Business Services Fund
created by ORS 705.145 and credited to the account responsible
for paying the expenses thereof. A state employee may not be
displaced as a result of using contract personnel.
(7) The governing body of a municipality may commence
responsibility for the administration and enforcement of a
building inspection program beginning July 1 of any year by
notifying the director no later than January 1 of the same year
and obtaining the director's approval of an assumption plan as
described in subsection (11)(c) of this section.
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(8) The department shall adopt rules to require the governing
body of each municipality assuming or continuing a building
inspection program under this section to submit a written plan
with the notice required under subsection (4) or (7) of this
section. If the department is the governing body, the department
shall have a plan on file. The plan must specify how cooperation
with the State Fire Marshal or a designee of the State Fire
Marshal will be achieved and how a uniform fire code will be
considered in the review process of the design and construction
phases of buildings or structures.
(9) A municipality that administers and enforces a building
inspection program pursuant to this section shall recognize and
accept the performances of state building code activities by
businesses and persons authorized under ORS 455.457 to perform
the activities as if the activities were performed by the
municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
(10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
(11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
that municipalities assume on or after January 1, 2002.
Regulation under this subsection shall include but not be limited
to:
(a) Creating building inspection program application and
amendment requirements and procedures;
(b) Granting or denying applications for building inspection
program authority and amendments;
(c) Requiring a municipality assuming a building inspection
program to submit with the notice given under subsection (7) of
this section an assumption plan that includes, at a minimum:
(A) A description of the intended availability of program
services, including proposed service agreements for carrying out
the program during at least the first two years;
(B) Demonstration of the ability and intent to provide building
inspection program services for at least two years;
(C) An estimate of proposed permit revenue and program
operating expenses;
(D) Proposed staffing levels; and
(E) Proposed service levels;
(d) Reviewing procedures and program operations of
municipalities;
(e) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
(f) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
(g) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program
throughout a county, if another municipality is allowed to
provide a building inspection program within the same county; and
(h) Enforcing the requirements of this section.
(12) The department may assume administration of a building
inspection program:
(a) During the pendency of activities under ORS 455.770;
(b) If a municipality abandons or is no longer able to
administer the building inspection program; and
Enrolled Senate Bill 193 (SB 193-B) Page 3
(c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
(13) A municipality that abandons or otherwise ceases to
administer a building inspection program that the municipality
assumed under this section may not resume the administration or
enforcement of the program for at least two years. The
municipality may resume the administration and enforcement of the
abandoned program only on July 1 of an odd-numbered year. Prior
to resuming the administration and enforcement of the program,
the municipality must follow the notification procedure set forth
in subsection (7) of this section.
SECTION 2. ORS 455.150 is amended to read:
455.150. (1) { + Except as provided in subsection (14) of this
section, + } a municipality that assumes the administration and
enforcement of a building inspection program prior to January 1,
2002, may administer and enforce all or part of a building
inspection program. A building inspection program:
(a) Is a program that includes { + the following + }:
(A) The state building code, as defined in ORS 455.010, except
as set forth in paragraph (b) of this subsection { + . + }
{ - ; - }
(B) Manufactured structure installation requirements under ORS
446.155, 446.185 (1) and 446.230 { + . + } { - ; - }
(C) Manufactured dwelling parks and mobile home parks under ORS
chapter 446 { + . + } { - ; - }
(D) Park and camp programs regulated under ORS
455.680 { + . + } { - ; - }
(E) Tourist facilities regulated under ORS 446.310 to
446.350 { + . + } { - ; - }
(F) Manufactured dwelling alterations regulated under ORS
446.155 { + . + } { - ; and - }
(G) Manufactured structure accessory buildings and structures
under ORS 446.253.
{ + (H) Boilers and pressure vessels described in rules
adopted under ORS 480.525 (4). + }
(b) Is not a program that includes:
(A) Boiler and pressure vessel programs under ORS 480.510 to
480.670 { + except those described in rules adopted under ORS
480.525 (4) + };
(B) Elevator programs under ORS 460.005 to 460.175;
(C) Amusement ride regulation under ORS 460.310 to 460.370;
(D) Prefabricated structure regulation under ORS chapter 455;
(E) Manufacture of manufactured structures programs under ORS
446.155 to 446.285, including the administration and enforcement
of federal manufactured dwelling construction and safety
standards adopted under ORS 446.155 or the National Manufactured
Housing Construction and Safety Standards Act of 1974;
(F) Licensing and certification, or the adoption of statewide
codes and standards, under ORS chapter 446, 447, 455, 479 or 693;
and
(G) Review of plans and specifications as provided in ORS
455.685.
(2) A municipality that administers a building inspection
program as allowed under this section shall do so for periods of
four years. The Department of Consumer and Business Services
shall adopt rules to adjust time periods for administration of a
building inspection program to allow for variations in the needs
of the department and participants.
(3) When a municipality administers a building inspection
program, the governing body of the municipality shall, unless
Enrolled Senate Bill 193 (SB 193-B) Page 4
other means are already provided, appoint a person to administer
and enforce the building inspection program or parts thereof, who
shall be known as the building official. A building official
shall, in the municipality for which appointed, attend to all
aspects of code enforcement, including the issuance of all
building permits. Two or more municipalities may combine in the
appointment of a single building official for the purpose of
administering a building inspection program within their
communities.
(4)(a) By January 1 of the year preceding the expiration of the
four-year period described in subsection (2) of this section, the
governing body of the municipality shall notify the Director of
the Department of Consumer and Business Services and, if not a
county, notify the county whether the municipality will continue
to administer the building inspection program, or parts thereof,
after expiration of the four-year period. If parts of a building
inspection program are to be administered and enforced by a
municipality, the parts shall correspond to a classification
designated by the director as reasonable divisions of work.
(b) Notwithstanding the January 1 date set forth in paragraph
(a) of this subsection, the director and the municipality and, if
the municipality is not a county, the county may by agreement
extend that date to no later than March 1.
(5) If a city does not notify the director, or notifies the
director that it will not administer certain specialty codes or
parts thereof under the building inspection program, the county
or counties in which the city is located shall administer and
enforce those codes or parts thereof within the city in the same
manner as it administers and enforces them outside the city,
except as provided by subsection (6) of this section.
(6) If a county does not notify the director, or notifies the
director that it will not administer and enforce certain
specialty codes or parts thereof under the building inspection
program, the director shall contract with a municipality or other
person or use such state employees or state agencies as are
necessary to administer and enforce those codes or parts thereof,
and permit or other fees arising therefrom shall be paid into the
Consumer and Business Services Fund created by ORS 705.145 and
credited to the account responsible for paying such expenses. A
state employee may not be displaced as a result of using contract
personnel.
(7) If a municipality administering a building inspection
program under this section seeks to administer additional parts
of a program, the municipality must comply with ORS 455.148,
including the requirement that the municipality administer and
enforce all aspects of the building inspection program.
Thereafter, the municipality is subject to ORS 455.148 and ceases
to be subject to this section.
(8) The department shall adopt rules to require the governing
body of each municipality to submit a written plan with the
notice required under subsection (4) of this section. If the
department is the governing body, the department shall have a
plan on file. The plan shall specify how cooperation with the
State Fire Marshal or a designee of the State Fire Marshal will
be achieved and how a uniform fire code will be considered in the
review process of the design and construction phases of buildings
or structures.
(9) A municipality that administers a code for which persons or
businesses are authorized under ORS 455.457 to perform activities
shall recognize and accept those activities as if performed by
Enrolled Senate Bill 193 (SB 193-B) Page 5
the municipality. A municipality is not required to accept an
inspection, a plan or a plan review that does not meet the
requirements of the state building code.
(10) The department or a municipality that accepts an
inspection or plan review as required by this section by a person
licensed under ORS 455.457 has no responsibility or liability for
the activities of the licensee.
(11) In addition to the requirements of ORS 455.100 and
455.110, the director shall regulate building inspection programs
of municipalities assumed prior to January 1, 2002. Regulation
under this subsection shall include but not be limited to:
(a) Creating building inspection program application and
amendment requirements and procedures;
(b) Granting or denying applications for building inspection
program authority and amendments;
(c) Reviewing procedures and program operations of
municipalities;
(d) Creating standards for efficient, effective, timely and
acceptable building inspection programs;
(e) Creating standards for justifying increases in building
inspection program fees adopted by a municipality;
(f) Creating standards for determining whether a county or
department building inspection program is economically impaired
in its ability to reasonably continue providing the program or
part of the program throughout a county, if another municipality
is allowed to provide a building inspection program or part of a
program within the same county; and
(g) Enforcing the requirements of this section.
(12) The department may assume administration of a building
inspection program:
(a) During the pendency of activities under ORS 455.770;
(b) If a municipality abandons any part of the building
inspection program or is no longer able to administer the
building inspection program; and
(c) If a municipality fails to substantially comply with any
provision of this section or of ORS 455.465, 455.467 and 455.469.
(13) If a municipality abandons or otherwise ceases to
administer all or part of a building inspection program described
in this section, the municipality may not resume the
administration and enforcement of the abandoned program or part
of a program for at least two years. The municipality may resume
the administration and enforcement of the abandoned program or
part of a program only on July 1 of an odd-numbered year. To
resume the administration and enforcement of the abandoned
program or part of a program, the municipality must comply with
ORS 455.148, including the requirement that the municipality
administer and enforce all aspects of the building inspection
program. Thereafter, the municipality is subject to ORS 455.148
and ceases to be subject to this section.
{ + (14) A municipality that administers and enforces a
building inspection program under this section shall include in
the program the inspection of boilers and pressure vessels
described in subsection (1)(a)(H) of this section. + }
SECTION 3. ORS 480.515 is amended to read:
480.515. As used in ORS 480.510 to 480.670, unless the context
requires otherwise:
(1) 'Board' means the Board of Boiler Rules created under ORS
480.535.
(2) 'Boiler' or 'boilers' means:
Enrolled Senate Bill 193 (SB 193-B) Page 6
(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.
(3) '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.
(4) 'Certificate of competency' means a certificate issued
under the provisions of ORS 480.565 (3).
(5) 'Department' means the Department of Consumer and Business
Services.
(6) 'Director' means the Director of the Department of Consumer
and Business Services.
{ + (7) 'Install, alter or repair permit' means a written
approval issued by the department under ORS 480.630 authorizing
the installation, alteration or repair of a boiler or pressure
vessel. + }
{ - (7) - } { + (8) + } '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.
{ - (8) - } { + (9) + } '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.
{ - (9) 'Permit' means a card issued by the department
authorizing the operation of a vessel but the permit does not
signify that the vessel has been inspected or meets minimum
safety standards until an actual inspection has been made and no
deviation from the minimum safety standards exists. - }
{ + (10) 'Operating permit' means a written approval issued
by the department authorizing the operation of a boiler or
pressure vessel. + }
{ - (10) - } { + (11) + } '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.
{ - (11) - } { + (12) + } 'Related appurtenances' means any
equipment instrumental to the safe operation of a boiler or
pressure vessel.
{ - (12) - } { + (13) + } 'Shop inspection' means the
inspection and testing, to determine the meeting of minimum
safety standards, of boilers and pressure vessels being
manufactured, altered, repaired or installed or in the process of
manufacture, alteration, repair or installation in the shop or on
the job site.
SECTION 4. ORS 480.520 is amended to read:
480.520. 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:
Enrolled Senate Bill 193 (SB 193-B) Page 7
(1) For determining where and by whom boilers and pressure
vessels are being constructed, installed, repaired, used and
operated.
(2) To { - assure - } { + ensure + } that only qualified
persons do welding on boilers and on pressure vessels.
(3) To { - assure - } { + 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 { - the issuing of permits, for giving welding
examinations, and for the making of inspections. - } { + :
(a) Issuing operating permits;
(b) Issuing install, alter or repair permits;
(c) Giving examinations; and
(d) Making inspections. + }
SECTION 5. ORS 480.525 is amended to read:
480.525. (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) Pressure vessels containing liquefied petroleum gas { - ,
and which - } { + that + } are under the jurisdiction of the
State Fire Marshal { - ; except that - } { + . However, + } the
construction and repair of such vessels shall be in compliance
with ORS 480.510 to 480.670 and shall be under the jurisdiction
of the Board of Boiler Rules.
(d) Air tanks used in the operation of brakes on self-propelled
vehicles and trailers { - , which vehicles or trailers - }
{ + that + } are used for transporting freight or passengers.
(e) Medical sterilizers that do not exceed one and one-half
cubic feet in volume.
(f) Pressure vessels that do not exceed one and one-half cubic
feet in volume and { - which - } { + :
(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.
(g) Pressure vessels that do not exceed five cubic feet in
volume and { - which - } { + :
(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
Enrolled Senate Bill 193 (SB 193-B) Page 8
{ + (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)(f) 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. + }
{ - (2) - } { + (3) + } The following boilers and pressure
vessels are exempt from ORS 480.510 to 480.670, except as to all
provisions relating to construction { + , + } { - or - }
installation { + , alteration or repair + } and { + to + } the
inspection and fees in connection { - therewith - } { + with
construction, installation alteration or repair + }:
(a) Boilers { - which - } { + that + } are not operated at
gauge pressures of more than 15 pounds per square inch and
{ - which - } { + 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) Any boiler or pressure vessel which is used in a
single private residence shall have an installation inspection
and be provided with a permit to operate but shall be exempt from
subsequent inspection required in ORS 480.560 (1)(a) to (d). - }
{ + (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 { - which are - } equipped
with a pressure relief device set to open at a pressure { - no
greater than - } { + that does not exceed the lesser of + } the
pressure vessel's maximum allowed working pressure { - , but in
no case shall the gauge pressure exceed - } { + or + } 15
pounds per square inch { + gauge pressure + }.
{ + (4) The Director of the Department of Consumer and
Business Services may adopt rules identifying boilers and
pressure vessels used in single family dwellings or other
structures that may be inspected by an inspector certified under
ORS 455.715 to 455.740 for a specialty code other than the code
adopted under ORS 480.545. The boilers and pressure vessels
identified in the rules shall be subject 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. + }
{ - (3) If the board, upon presentation of satisfactory
evidence, determines that jeopardy to health and safety is
evident in any vessel or class of vessels subject to subsection
(1)(f) of this section, the board may require that the vessel or
class of vessels be inspected or reinspected, subject to fees or
construction requirements or any other requirements of ORS
480.510 to 480.670. - }
{ + (5) 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
Enrolled Senate Bill 193 (SB 193-B) Page 9
pressure vessel does not present a danger to public health or
safety within this state. + }
SECTION 6. ORS 480.560 is amended to read:
480.560. { - (1) Each boiler and pressure vessel used or
proposed to be used within this state, except as exempted under
ORS 480.510 to 480.670, shall be thoroughly inspected as to its
construction, installation, operation and condition as
follows: - }
{ - (a) Power boilers, meaning boilers used to produce steam
or vapor at a pressure in excess of 15 pounds per square inch
gauge pressure, or a boiler used for heating liquid to a pressure
in excess of 160 pounds per square inch gauge pressure, shall be
annually inspected both internally, where construction permits,
and externally while not under pressure and shall also be
annually inspected externally while under pressure. - }
{ - (b) Low pressure steam or vapor heating boilers, hot
water heating boilers and hot water supply boilers shall be
biennially inspected externally, while under pressure, and
internally, where construction permits, except that cast iron
heating boilers shall be inspected only externally unless the
Board of Boiler Rules has reason to believe that an internal
inspection of an individual boiler is necessary to assure safe
operation. - }
{ - (c) Pressure vessels subject to internal corrosion or
erosion shall be inspected biennially both internally and
externally where construction permits. - }
{ - (d) Pressure vessels, no part of which are subject to
internal corrosion or erosion shall be biennially inspected
externally, except that vessels containing anhydrous ammonia,
intended for use as fertilizer, shall be inspected externally
once every three years and fixed vessels, containing only air,
not located at a place of public assembly, not exceeding 20 cubic
feet in volume and which are operated at gauge pressures of not
more than 200 pounds per square inch shall be inspected once
every five years. - }
{ + (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 480.670. + }
{ - (e) - } { + (2) + } Pressure piping that is nonboiler
external piping, but { - which - } { + that + } excludes
potable water nonboiler external piping, shall be inspected on
installation only and { - shall - } { + may + } not
thereafter be considered as part of the boiler for the purposes
of any subsequent inspections required by this section. Fees for
such inspections shall be as provided in ORS 480.605 (1).
{ - (2) The board, upon presentation of satisfactory evidence
that jeopardy to health and safety will not be substantially
increased thereby, may: - }
{ - (a) Broaden the intervals between inspections, eliminate
types of inspections, and correspondingly reduce the fees charged
where the use, contents or construction of the vessel warrant
special consideration; or - }
{ - (b) Exempt additional classes of vessels to the same
extent vessels are exempted either under ORS 480.525 (1) or
(2). - }
(3) If a hydrostatic test is necessary to determine the safety
of a boiler or pressure vessel, the test shall be made by the
Enrolled Senate Bill 193 (SB 193-B) Page 10
owner or user of { - such - } { + the + } boiler or pressure
vessel and witnessed by a deputy or special inspector.
(4) All boilers and pressure vessels to be installed in this
state { - after July 1, 1961, - } shall be inspected during
construction { + :
(a) + } By an inspector authorized to inspect boilers in this
state { - , or, - } { + or authorized under ORS 455.715 to
455.740 to perform inspections of boilers and pressure vessels
identified by rule as provided in ORS 480.525 (4); or
(b) + } If constructed outside of the state, by an inspector
holding a certificate of competency issued by a state that has a
standard of examination substantially equal to that of this
state.
SECTION 7. ORS 480.570 is amended to read:
480.570. (1) A special inspector receiving a certificate of
competency under ORS 480.565 (3)(b) { - shall - } { + may + }
not inspect under ORS 480.510 to 480.670 any boiler { - ; nor
shall the special inspector inspect under ORS 480.510 to 480.634
any - } { + or + } pressure vessel not used or not to be used
by the employer of the special inspector.
(2) { - When the individual - } { + If a special
inspector + } holds a certificate of competency issued
{ - pursuant to - } { + under + } ORS 480.565 (3)(a),
{ - a - } { + the + } special inspector { - is authorized
to - } :
(a) { + May + } conduct { + periodic + } shop inspections of
boilers and pressure vessels manufactured or to be installed in
this state whether or not such boilers or pressure vessels are
insured or will be insured by the employer of the special
inspector; and
{ - (b) Inspect all boilers and pressure vessels insured or
to be insured by the special inspector's employer or all pressure
vessels operated by the special inspector's employer. - }
{ + (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 inspector's 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. + }
{ - (3) - } { + (4) + } A special inspector's 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).
{ - (4) - } { + (5) + } { - When a - } { + If a boiler
or pressure + } vessel is inspected by a special inspector as
provided in this section, { - the owner or user of such boiler
or pressure vessel is exempt from payment of the permit fee - }
{ + the boiler or pressure vessel is subject + } during the
inspection period { - , except as provided - } { + to the
special permit fee described + } in ORS 480.600 (2) { + instead
of the operating permit fee established under ORS 480.595 + }.
Enrolled Senate Bill 193 (SB 193-B) Page 11
{ - (5) - } { + (6) + } The Department of Consumer and
Business Services may cause a deputy inspector to inspect or
reinspect all boilers and pressure vessels { - which could be
inspected by - } { + that + } a special inspector { + is
authorized or required to inspect + }. However, { - there shall
be no - } { + the deputy inspector may not conduct an + }
internal inspection or reinspection unless there is a question as
to whether or not the boiler or pressure vessel meets the minimum
safety standards and the special inspector who made the original
inspection, or the employer of the special inspector, is given
reasonable notice { - of the intention to make such inspection
or reinspection so the special inspector or the employer of the
special inspector can - } { + 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. + }
SECTION 8. ORS 480.585 is amended to read:
480.585. (1) Any person may apply to the Department of Consumer
and Business Services for { - a - } { + an operating + }
permit for a boiler or pressure vessel:
(a) By filing reports showing details of the proposed
construction before construction is started; or
(b) By submitting satisfactory proof that the boiler or
pressure vessel has been constructed in accordance with minimum
safety standards and has been found to be safe.
(2) { - A - } { + An operating + } permit for a boiler or
pressure vessel shall { - bear the date of the inspection
period and - } specify the maximum pressure under which the
boiler or pressure vessel may be operated. Except as provided by
regulation, a permit must be posted in the room containing the
boiler or pressure vessel for which the permit is issued.
(3) The department may at any time suspend or revoke { - a
permit when, in the department's opinion, - } { + an operating
permit if the department finds that + }the boiler or pressure
vessel, or related appurtenances, for which the permit was issued
{ - is found not to - } { + does not + } comply with ORS
480.510 to 480.670. Suspension of any permit continues in effect
until the vessel conforms to ORS 480.510 to 480.670 and the
permit is reissued. However, before suspending or revoking a
permit, the department shall first notify the person concerned of
the department's 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. { - When - } { + 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 { +
operating + }permit { - for the operation of the boiler or
pressure vessel, - } issued under this section { - , - } is
attached { - thereto - } { + 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 { + operating + } permit { - for
the operation of the boiler or pressure vessel, - } issued under
Enrolled Senate Bill 193 (SB 193-B) Page 12
this section { - , - } is attached { - thereto - } { + 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 { + operating + }
permit { - , - } issued under this section { - , - } is
attached { - thereto - } { + 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 { - waive by rule the - } { + adopt rules
waiving + } provisions of this section.
SECTION 9. ORS 480.595 is amended to read:
480.595. { - (1) Upon receipt of a permit fee due on a date
determined by the Department of Consumer and Business Services,
and on the same day of each year thereafter in which an
inspection is due pursuant to ORS 480.560, the Department of
Consumer and Business Services may issue or renew a permit before
or after an inspection has been made pursuant to ORS 480.510 to
480.670. - }
{ + (1) The Department of Consumer and Business Services may
adopt rules establishing procedures and requirements regarding
operating permits, including but not limited to the term for
which an operating permit is valid.
(2) Upon timely receipt of an operating permit fee, the
department may issue or renew an operating permit. + }
{ - (2) - } { + (3) Operating + } permit fees shall be
prescribed by the Board of Boiler Rules with approval of the
Oregon Department of Administrative Services, and may be
prorated.
{ - (3) - } { + (4) + } Maximum operating permit fees shall
be determined as follows:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a) Boilers of 15 horsepower
or less $ 65
(b) Boilers greater than 15
horsepower to 100 ho$s85ower
(c) Boilers greater than 100
horsepower to 500 ho$100ower
(d) Boilers greater
than 500 horsepower $110
(e) Cast iron boilers $ 65
(f) Pressure vessels having
a product volume of
20 cubic feet or les$ 55
(g) Pressure vessels having
a product volume
greater than 20 cubi$ 75et
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - (4) - } { + (5) + } A reinspection fee shall be charged
at the maximum rate of $60 per hour for travel and inspection
time to defray the cost of a reinspection when deviations from
the minimum safety standards are found during any inspection.
Enrolled Senate Bill 193 (SB 193-B) Page 13
SECTION 10. ORS 480.600 is amended to read:
480.600. (1) The { + operating + } permit fee established
under ORS 480.510 to 480.670, for a quantity of { + boilers
or + } pressure vessels available for inspection at the same
location, shall be fixed by the Board of Boiler Rules at cost, in
accordance with the time required to conduct the inspection and
the inspector's mileage to the place of inspection.
{ - However, in no case shall the total payment be more than the
total of the individual pressure vessel fees fixed by - }
{ + The operating permit fee charged for a quantity of boilers
or pressure vessels available for inspection at the same location
may not exceed the total amount that would be charged for
individual boiler or pressure vessel operating permit fees
under + } ORS 480.510 to 480.670.
(2) { + (a) Notwithstanding ORS 480.595, except as provided in
this subsection, + }the owner or user of any { + boiler or
pressure + } vessel { - which - } { + that + } is to be
inspected { + under ORS 480.570 (1) or (2) + } during the
inspection period { - under the provisions of ORS 480.570 - }
shall pay to the Department of Consumer and Business Services a
special permit fee of $25 { + . However + }, { - except
that - } the department may require payment of { - a - } { +
an operating + } permit fee as provided in ORS 480.595
{ - where it - } { + if the department + } finds the { +
boiler or pressure + } vessel to be in violation of the minimum
safety standards during the inspection period. { - In
addition, - }
{ + (b) + } For a quantity of { + boilers or + } pressure
vessels inspected at the same location, the board may establish a
different special permit fee { - which - } { + that + }
recognizes the lower costs of handling { + . + } { - , but in no
such case shall the total payment be more than the total of
individual pressure vessel fees fixed by ORS 480.510 to
480.670. - } { + The special permit fee charged for a quantity
of boilers or pressure vessels inspected at the same location may
not exceed the total amount that would be charged for individual
boiler or pressure vessel special permit fees under paragraph (a)
of this subsection. + }
{ - (3) If there is a lengthened inspection interval under
ORS 480.560 (2), the permit fee interval shall be lengthened
correspondingly. - }
{ - (4) - } { + (3) + } { - Whenever - } { + If + } an
insurance company notifies its insured that { - it - } { +
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.
{ - (5) - } { + (4) + } { - Whenever - } { + If + } an
owner or user of a boiler or pressure vessel fails to pay any fee
required by this chapter within 60 days after the date of
depositing written notification in the United States mail,
postage prepaid, and addressed to the last-known address of the
owner or user, the fee { - shall be considered - } { + is + }
delinquent and { - the fee - } shall be increased by an amount
equal to 50 percent of the original 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.
Enrolled Senate Bill 193 (SB 193-B) Page 14
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.
SECTION 11. ORS 480.607 is amended to read:
480.607. Notwithstanding the fees prescribed in ORS 480.595
{ - (3) and - } (4) { + and (5) + }, 480.600 (2) and 480.630
(4) and (5), 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 must not exceed the cost of the
program, including but not limited to the cost of administering a
continuing education registry.
SECTION 12. ORS 480.615 is amended to read:
480.615. (1) The Board of Boiler Rules shall hear the appeal of
an appellant who has filed a timely written request and who (a)
has received notice that a restraining order or injunction will
be sought, or (b) has received notice that { - a - } { + an
operating + } permit will be suspended or revoked, or (c) is
affected by either of such notices. The board shall likewise hear
the appeal of an appellant who has filed a written request and
who has reason to desire a change in the minimum safety standards
or the rules.
(2) The board shall set the time and place for hearing and give
the appellant 10 days' written notice.
(3) All appeals shall be heard within three months of receipt
of the request. Provided, if immediate menace to health or safety
is involved, the appeal shall be heard within 20 days of receipt
of the request.
(4)(a) Two or more appeals may be consolidated for hearing, if
based upon substantially the same facts.
(b) The board and the appellant may subpoena witnesses who
shall receive the same compensation and mileage pay as circuit
court witnesses.
(c) A written or recorded record shall be kept.
SECTION 13. ORS 480.630 is amended to read:
480.630. (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 inspector may conduct examinations for licensing
an employee or agent of a business to establish the competency of
the applicant.
(4) { - Licenses shall be issued and renewed by - } The
department { + shall issue and renew licenses + } as provided
by rules adopted under ORS 455.117 by the Board of Boiler Rules
upon payment of a fee of $25 for each application for an employee
or agent license and $150 for each application for a boiler
contractor license.
Enrolled Senate Bill 193 (SB 193-B) Page 15
(5) A person required to be licensed under this section may not
install, alter or repair a boiler or pressure vessel unless an
{ - appropriate - } { + install, alter or repair + } permit
is first secured from the department. Permits shall be issued
only to persons possessing a valid boiler contractor license or
as provided by the department by rule. { - A - } { + An
install, alter or repair + } permit fee of $15 shall be paid
directly to the department.
(6) { - In the case of - } { + 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, { - if - } { + provided that + } an application
accompanied by the appropriate fee for { - a - } { + 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 complete eight hours of board-approved continuing education
every year.
SECTION 13a. { + If House Bill 2219 becomes law, section 10,
chapter 271, Oregon Laws 2007 (Enrolled House Bill 2219)
(amending ORS 480.630), is repealed and ORS 480.630, as amended
by section 13 of this 2007 Act, is amended to read: + }
480.630. (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 inspector may conduct examinations for licensing
an employee or agent of a business to establish the competency of
the applicant.
{ - (4) The department shall issue and renew licenses as
provided by rules adopted under ORS 455.117 by the Board of
Boiler Rules upon payment of a fee of $25 for each application
for an employee or agent license and $150 for each application
for a boiler contractor license. - }
{ + (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:
Enrolled Senate Bill 193 (SB 193-B) Page 16
(a) $25 per year for an employee or agent license.
(b) $150 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
install, alter or repair permit is first secured from the
department. Permits shall be issued only to persons possessing a
valid boiler contractor license or as provided by the department
by rule. An install, alter or repair permit fee of $15 shall be
paid directly to the department.
(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 { - complete eight hours of board-approved continuing
education every year - } { + comply with continuing education
requirements + }.
SECTION 13b. { + If House Bill 2219 becomes law, the
amendments to ORS 480.630 by section 13a of this 2007 Act become
operative on January 1, 2008. + }
SECTION 14. ORS 480.640 is amended to read:
480.640. 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). + }
SECTION 15. { + (1) The amendments to ORS 480.570 by section 7
of this 2007 Act apply to boiler and pressure vessel inspection
periods that begin on or after the effective date of this 2007
Act.
(2) A permit issued by the Department of Consumer and Business
Services under ORS 480.630 (5) before the effective date of this
2007 Act is an install, alter or repair permit for purposes of
the amendments to ORS 480.515, 480.520, 480.570 and 480.630 by
sections 3, 4, 7 and 13 of this 2007 Act.
(3) The amendments to ORS 480.640 by section 14 of this 2007
Act apply to actions to recover for services performed before, on
or after the effective date of this 2007 Act. + }
SECTION 16. { + (1) The amendments to ORS 455.148 and 455.150
by sections 1 and 2 of this 2007 Act become operative July 1,
2008.
(2) Notwithstanding ORS 455.148 and 455.150 (7), the assumption
of a boiler and pressure vessel inspection program in compliance
Enrolled Senate Bill 193 (SB 193-B) Page 17
with the amendments to ORS 455.150 by section 2 of this 2007 does
not make a municipality that administers and enforces a building
inspection program under ORS 455.150 subject to ORS 455.148. + }
SECTION 17. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007. + }
----------
Passed by Senate April 3, 2007
Repassed by Senate June 7, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 193 (SB 193-B) Page 18
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 193 (SB 193-B) Page 19