75th OREGON LEGISLATIVE ASSEMBLY--2009 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 794
B-Engrossed
House Bill 2200
Ordered by the House June 10
Including House Amendments dated April 2 and June 10
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
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.
Establishes certain fees to be charged in connection with
elevator safety program and boiler and pressure vessel safety
program. Exempts certain beverage service tanks and portable
beverage tanks from boiler and pressure vessel safety program.
Harmonizes language between elevator safety program statutes
and boiler and pressure vessel safety program statutes.
{ + Increases expenditure limit of Department of Consumer and
Business Services for purpose of restoring three boiler inspector
positions. + }
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to programs administering the state building code;
amending ORS 455.148, 455.150, 460.005, 460.024, 460.035,
460.045, 460.055, 460.065, 460.075, 460.085, 460.125, 460.165,
480.515, 480.520, 480.525, 480.560, 480.570, 480.585, 480.595,
480.600, 480.605, 480.615, 480.630 and 480.647; repealing ORS
460.048 and 480.607; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 460.005 is amended to read:
460.005. As used in ORS 460.005 to 460.175, unless the context
requires otherwise:
(1) 'Alteration' means { - any - } { + a + } change or
addition to { - the - } equipment { + , + } other than
{ + the + } ordinary repair or replacement of an existing part
of the equipment.
(2) 'Certified elevator inspector' means an employee or
representative of a casualty insurance company or companies who
has passed the required examination and has been issued a
certificate of competency as an elevator inspector by the
Department of Consumer and Business Services.
(3) 'Elevator' means a hoisting and lowering mechanism equipped
with a car or platform that moves in guides, and that serves two
or more landings, and includes but is not limited to dumbwaiters,
escalators, manlifts, platform hoists, vertical parking units for
motor vehicles and moving walks.
(4) 'Elevator contractor license' means an authorization issued
by the department { - of Consumer and Business Services - }
under ORS 460.005 to 460.175 for the licensee to engage in the
business of installing, altering, repairing and maintaining
elevators.
{ + (5) 'Installation permit' means a permit issued by the
department for the installation, alteration or repair of an
elevator. + }
{ - (5) - } { + (6) + } 'Minimum safety standards' means
safety standards provided by ORS 460.005 to 460.175 { + or by
rules adopted under ORS 460.005 to 460.175 + }.
{ - (6) - } { + (7) + } 'Moving walk' means a power-driven,
horizontal or inclined, or combination, passenger-carrying
device, in which the passenger-carrying surface remains parallel
to its direction of motion, and is uninterrupted.
{ - (7) - } { + (8) + } 'Operating permit' means a permit
issued by the department for the operation of an elevator.
{ - (8) - } { + (9) + } 'Platform hoist' means a hoisting
and lowering mechanism equipped with an open platform that moves
in a substantially vertical direction and that travels a limited
distance above or below a building floor or dock level.
{ - (9) - } { + (10) + } 'Provisional operating permit'
means a permit issued by the department on the basis of a
variance from the minimum safety standards under ORS 460.005 to
460.175.
{ + (11) 'Temporary operation authorization' means an
authorization issued by the department to operate an elevator for
a specified period pending the issuance of an operating
permit. + }
SECTION 2. ORS 460.024 is amended to read:
460.024. The purpose of ORS 460.005 to 460.175 is to protect
the health and safety of the people of Oregon from the danger of
unsafe elevators. To accomplish this purpose the Legislative
Assembly intends by ORS 460.005 to 460.175:
(1) To provide minimum safety standards for the installation,
alteration, repair and maintenance of elevators to be operated in
this state.
(2) To { - assure - } { + ensure + } compliance with
minimum safety standards in installation, alteration, repair and
maintenance of elevators to be operated within the state.
(3) To provide for the administration and enforcement of ORS
460.005 to 460.175 by the Department of Consumer and Business
Services.
(4) To provide for defraying the cost of administering and
enforcing ORS 460.005 to 460.175 by fees collected in connection
with licensing, approval or rejection of plans, inspections,
processing reports and issuing of elevator { + installation
permits and + } operating permits.
SECTION 3. ORS 460.035 is amended to read:
460.035. (1) Fees are not required under ORS 460.005 to 460.175
to install, alter, repair, operate or maintain an elevator:
(a) Under the supervision of the United States Government.
(b) That is a nonpower-driven lifting device.
(c) Located in a private residence, except for initial
installation.
(2) The owner or user of an elevator described in subsection
(1) of this section may request that the Department of Consumer
and Business Services inspect the elevator. If the department
performs the inspection, the department, notwithstanding
subsection (1) of this section, may collect the appropriate fee
for performing the inspection.
(3) Pipes installed in an elevator hoistway prior to July 1,
1961, that do not convey gases or liquids that would endanger
life if discharged into the hoistway need not be removed.
(4) ORS 460.005 to 460.175 do not apply to:
(a) Belt, bucket, scoop, roller or similar type material
conveyors.
(b) Hoists for raising or lowering materials and that are
provided with unguided hooks, slings and similar means for
attachment to the materials.
(c) Material hoists used only to raise and lower building
material in buildings under construction.
(d) Stackers that serve one floor only.
(e) Window-washing scaffolds.
(f) Nonpower-driven lifting devices.
(g) Amusement rides.
(h) Mine elevators.
(i) Elevators under the supervision of the United States
Government.
(j) Elevators located in private residences, except for initial
installation { + permits and installation inspections + }.
(k) Other elevators and equipment as provided by the department
by rule.
SECTION 4. ORS 460.045 is amended to read:
460.045. A person may not:
(1) Engage in the business of installation, alteration, repair
or maintenance of an elevator without an elevator contractor
license issued under ORS 460.005 to 460.175 or 479.510 to
479.945.
(2) Install, alter, repair or maintain an elevator unless the
person possesses a valid license issued under ORS 460.059 or
479.630 (6).
(3) Install, alter, or commence to install or alter, an
elevator covered by ORS 460.005 to 460.175 unless the Department
of Consumer and Business Services has { - approved the plans
and pertinent data for the installation or alteration - } { +
issued an installation permit + }.
(4) Permit or suffer an elevator to be operated, without a
{ + valid temporary operation authorization or + }current
operating permit, on property that the person owns, controls,
manages or supervises.
(5) Act or offer to act as a certified elevator inspector
unless the person has a current certificate of competency as an
elevator inspector issued by the department.
(6) Place in service a new or altered elevator without a
current operating permit issued after a satisfactory acceptance
inspection made by the department and satisfactory acceptance
tests performed in the presence of a member of the department's
staff of elevator inspectors.
(7) Place in service an elevator that has caused an injury to a
person or persons unless permission has been obtained from the
department.
SECTION 5. ORS 460.055 is amended to read:
460.055. (1) The Department of Consumer and Business Services
shall give its decision within a reasonable time, not exceeding
30 days:
(a) Approving or rejecting plans and pertinent data for
proposed elevator installations or alterations submitted for the
department's examination.
{ + (b) Issuing or denying an installation permit. + }
{ - (b) - } { + (c) + } Issuing or denying a certificate of
competency to applicants after examinations { + for the
certificate + } have been taken
{ - therefor - } .
{ - (c) - } { + (d) + } Issuing or denying
{ + operating + } permits for elevators inspected by a member of
the department's staff of elevator inspectors or by a certified
elevator inspector.
(2) Except as provided in subsection (3) of this section { +
operating + } permits { - shall - } { + may + } not be issued
{ + or renewed + } for { - the operation of - } elevators
failing to meet minimum safety standards
{ - as provided by ORS 460.005 to 460.175 - } .
(3) A provisional operating permit may be issued for elevators
whose safety standards vary from the minimum safety standards
{ - as provided in ORS 460.005 to 460.175, when - } { + ,
if + } in the opinion of the department no immediate hazard to
health or safety exists. { - Such - } { + The department
shall issue a + } provisional operating permit { - shall be
issued - } for a specific period of time determined by the
department at the time { - such - } { + the + } permit is
granted. During the life of { - such - } { + the + }
provisional operating permit { + , + } { - such - } { +
the + } elevator { - shall - } { + must + } be brought into
compliance with the safety standards found at variance at the
time of the issuance of { - such - } { + the + } provisional
permit.
{ + (4) The department may adopt rules regarding installation
permits and operating permits. The rules may include, but need
not be limited to, rules for the use of standardized forms and
terms and conditions for permit validity. + }
{ - (4) - } { + (5) The department shall issue + }a
certificate of competency as an elevator inspector { - shall be
issued - } only to an individual who has passed an examination
administered by the department for { - this - } { + that + }
purpose and who is employed by the department or is a
representative of a casualty insurance company or companies as an
elevator inspector. The examination shall:
(a) Include questions, the answers to which are confined to
matters { - which - } { + that + } will aid in determining
the fitness and competency of the applicant for the intended
service.
(b) Include a practical demonstration of manipulative skill
directly related to the intended service, or the requirement of
previous related experience in lieu { - thereof - } { + of a
practical demonstration + }.
(c) Be maintained on file with the records of practical
demonstrations for no less than three years and shall be produced
by the department upon the request of any court, or the
Electrical and Elevator Board, or a person with a legitimate
interest.
{ - (5) - } { + (6) + } If for a period of more than two
years after the person is issued a certificate of competency as
an elevator inspector, a holder of the certificate is not
employed as an elevator inspector, the person { - shall not
be - } { + is not + } entitled to renewal of the certificate.
The person may qualify for issuance of a new certificate in the
manner provided for in subsection { - (4) - } { + (5) + } of
this section.
{ - (6) No plans or pertinent data for elevators to be
installed or altered in this state shall be approved by the
department unless the proposed elevator installation or
alteration meets minimum safety standards as provided in ORS
460.085 (1). - }
SECTION 6. ORS 460.065 is amended to read:
460.065. (1) A certified elevator inspector certificate of
competency expires on December 31 of the year in which the
certificate is issued or on a date established by rule of the
Department of Consumer and Business Services.
(2) An elevator { + installation permit or + } operating
permit expires on a date established by department rule.
(3) Except as provided in ORS 460.055, a holder of a valid
elevator inspector certificate of competency or elevator
operating permit who has complied with ORS 460.005 to 460.175 and
the rules adopted under ORS 460.085 (1) is entitled to renewal at
the expiration of the certificate or permit.
SECTION 7. ORS 460.075 is amended to read:
460.075. (1) Subject to the provisions of ORS chapter 183, the
Department of Consumer and Business Services { - shall - }
{ + may + } cancel, revoke or suspend the { + installation
permit, temporary operation authorization or + }operating permit
for any elevator that does not comply with { - the - } minimum
safety standards { - provided by ORS 460.005 to 460.175 - } .
(2) Subject to the provisions of ORS chapter 183, the
department may suspend or revoke the certificate of competency of
any certified elevator inspector:
(a) Whom the department finds to be performing the work in a
manner inconsistent with the intent and purposes of ORS 460.005
to 460.175.
(b) Who fails to file in advance with the department the name
of any company for which the inspector performs an inspection.
(c) Who willfully violates ORS 460.005 to 460.175 or rules
adopted under ORS 460.085 (1).
(d) Who deliberately falsified the application of the inspector
for { - such - } { + the + } certificate or the inspection
report made to the department.
(e) Who persistently fails to properly report to the department
in writing regarding elevators inspected by the inspector.
SECTION 8. ORS 460.085 is amended to read:
460.085. (1) In accordance with the applicable provisions of
ORS chapter 183, the Director of the Department of Consumer and
Business Services, after consultation with the Electrical and
Elevator Board, shall adopt reasonable rules:
(a) Establishing safety standards applicable to the
installation of elevators.
(b) Establishing safety standards applicable to the alteration,
repair or maintenance of elevators. The director may provide
differing standards for elevators installed prior to July 1,
1961, and after July 1, 1961.
(c) Governing the issuance, renewal, suspension and revocation
of permits and certificates of competency issued under ORS
460.005 to 460.175.
(d) Prescribing the time, place and circumstances under which
permits, licenses and certificates of competency shall be
exhibited for inspection.
(e) Governing the internal organization and procedure of the
Department of Consumer and Business Services for administering
and enforcing ORS 460.005 to 460.175.
(f) Prescribing, requiring and governing reports by the
department's staff of elevator inspectors and certified elevator
inspectors on elevators inspected by them.
(g) Establishing standards, criteria and intervals for the
periodic inspection under ORS 460.125 of the various types of
elevators.
(h) Establishing standards for the inspection of, and safety
testing on, a new or altered elevator prior to placement of the
elevator into service.
(i) Establishing { - fees under ORS 460.165 and any other - }
reasonable fees { + , in addition to the fees established by ORS
460.165, that + } the department considers appropriate for the
purpose of administering and enforcing ORS 460.005 to 460.175.
(2) In adopting rules under subsection (1) of this section, the
director shall consider:
(a) Technological advances in the elevator industry.
(b) The practicability of following the standards under
consideration, if adopted.
(c) The probability, extent and gravity of the injury to the
public or property that would result from failure to follow the
standards under consideration.
(d) Safety standards followed, proposed or approved by
responsible members of the elevator industry.
(3) The sole purpose of subsection (1)(b) of this section is to
provide reasonable safety for life and limb. In case of practical
difficulty or unnecessary hardship, the director shall grant
exceptions from the literal requirements or permit the use of
other devices or methods than specified pursuant to subsection
(1)(b) of this section when it is evident that reasonable safety
is thereby secured.
(4) Any owner, user or other person aggrieved by the
application by the department of the minimum safety standards
established by the director pursuant to subsection (1)(b) of this
section may appeal in the same manner and for the same reasons as
provided under ORS 460.155.
SECTION 9. ORS 460.125 is amended to read:
460.125. (1) The Department of Consumer and Business Services
shall:
(a) Except as provided in this subsection, periodically inspect
each elevator to ascertain if the elevator is being operated and
maintained in accordance with ORS 460.005 to 460.175. The
department is not required to inspect an elevator if the
department is notified in writing, by the employer of a certified
elevator inspector, that inspection will be made by the certified
inspector and a copy of the inspection report is filed with the
department within 30 days of the date the elevator is due for
inspection.
(b) Periodically check the authenticity, appropriateness and
expiration date of elevator { + operating + } permits.
(c) Review with the Electrical and Elevator Board any appeals
from the decisions of the inspectors.
(d) To the extent necessary to ensure safety, perform
inspections and witness safety tests of new or altered elevators
before the elevators are placed in service.
(2) Inspection reports provided to owners, users or other
affected parties shall contain a notification of the right of
appeal as provided in ORS 460.155.
(3) If the department finds that an elevator is { + not
+ }being operated { - otherwise than - } in compliance with
ORS 460.005 to 460.175, { + and the rules adopted under ORS
460.005 to 460.175, + }the department may cause the elevator to
be disconnected from the source of power for the elevator. The
department shall give reasonable notice to the owner or operator
prior to causing the elevator to be disconnected unless continued
operation of the elevator would constitute an immediate hazard to
the health and safety of persons.
SECTION 10. ORS 460.165 is amended to read:
460.165. (1) Subject to ORS 460.035 (1) and 460.085 (1), the
Department of Consumer and Business Services may { - adopt fees
that do not exceed the maximum fees described in this subsection
for examining plans, for the inspection of elevators, for issuing
or renewing an elevator contractor's license and for processing
reports and issuing the permit for the operation of an elevator.
Fees adopted by the department are subject to approval of the
Oregon Department of Administrative Services. The maximum fees
are: - } { + collect the following fees: + }
(a) For each year of an elevator contractor's license for each
place of business operated by the applicant, $195.
(b) For the submission of plans and other pertinent data { +
when required + }, for each elevator, $78.
(c) For each year of an inspection period for { + an operating
permit + }:
(A) A dumbwaiter, sidewalk elevator, residential elevator,
residential inclinator or subveyor, { - $52 - } { + $60 + }.
(B) An escalator, lowerator, manlift, stagelift, inclined
elevator, platform hoist or moving walk, { - $78 - } { +
$98 + }.
(C) A power-driven elevator with a four floor rise or under,
{ - $78 - } { + $88 + }.
(D) A power-driven elevator with over a four floor rise, but
under a 10-floor rise, { - $98 - } { + $108 + }.
(E) A power-driven elevator with { - over - } { + a + }
10-floor rise { + or over + }, but under { + a + } 20-floor
rise, { - $124 - } { + $134 + }.
(F) A power-driven elevator with a 20-floor rise or over,
{ - $147 - } { + $157 + }.
{ - (d) For a callback made on a mechanism listed in
subsection (c) of this section and made by request or in the
continued existence of a defect, $52. - }
{ + (d) For a reinspection, $75. + }
(e) For special inspections of hoisting or lowering mechanisms
other than elevators { + , or for inspections, testing,
consultations, site visits or other services for which no fee is
otherwise specified, + } { - or under special agreement between
the department and a person requesting a special inspection,
$55 - } { + $75 + } per hour for travel and inspection time.
{ - (f) For the processing of each report of an inspection
required under the provisions of ORS 460.005 to 460.175, $20. - }
{ - (g) - } { + (f) + } For { - the inspection of an
installation or alteration of - } an elevator { + installation
permit + }, if the total cost of the installation or alteration
is:
(A) $1,000 or under, $98.
(B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000
or fraction of $1,000 by which the cost exceeds $1,000.
(C) $15,000 or over but under $50,000, $280 plus $8 for each
$1,000 or fraction of $1,000 by which the cost exceeds $15,000.
(D) $50,000 or over, $553 plus $3 for each $1,000 or fraction
of $1,000 by which the cost exceeds $50,000.
(2) { - Whenever - } { + If + } an owner or user of any
elevator equipment fails to pay a fee required under this section
within 90 days after the { - date of depositing written
notification in the United States mail, postage prepaid, and
addressed to the last-known address of said owner or user, the
fee shall be considered delinquent and the fee shall be doubled
unless the owner or user of the elevator equipment establishes to
the satisfaction of the department justification for failure to
pay. The court may award reasonable attorney fees to the
department if the department prevails in an action for the
collection of a fee required by this section. The court may award
reasonable attorney fees to a defendant who prevails in an action
for the collection of a fee required by this section 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. - } { +
billing date, the department may consider the fee delinquent and
double the amount of the fee. + }
SECTION 11. ORS 480.515 is amended to read:
480.515. 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. + }
{ - (1) - } { + (2) + } 'Board' means the Board of Boiler
Rules created under ORS 480.535.
{ - (2) - } { + (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.
{ - (3) - } { + (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.
{ - (4) - } { + (5) + } 'Certificate of competency' means a
certificate issued under the provisions of ORS 480.565 (3).
{ - (5) - } { + (6) + } 'Department' means the Department
of Consumer and Business Services.
{ - (6) - } { + (7) + } 'Director' means the Director of
the Department of Consumer and Business Services.
{ - (7) - } { + (8) + } { - ' Install, alter or
repair - } { + 'Installation + } permit' means { - a written
approval - } { + a permit + } issued by the department
{ - under ORS 480.630 authorizing - } { + for + } the
installation, alteration or repair of a boiler or pressure
vessel.
{ - (8) - } { + (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.
{ - (9) - } { + (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.
{ - (10) - } { + (11) + } 'Operating permit' means a
{ - written approval - } { + permit + } issued by the
department authorizing the operation of a boiler or pressure
vessel.
{ - (11) - } { + (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.
{ - (12) - } { + (13) + } 'Related appurtenances' means any
equipment instrumental to the safe operation of a boiler or
pressure vessel.
{ - (13) - } { + (14) + } '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. - } { + 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. + }
SECTION 12. 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:
(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 { - install, alter or repair - } { +
installation + } permits;
(c) Giving examinations; and
(d) Making inspections.
SECTION 13. 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) Domestic water heaters designed to create hot water
instantaneously on demand without the use of a storage tank.
(d) Pressure vessels containing liquefied petroleum gas that
are under the jurisdiction of the State Fire Marshal. However,
the construction and repair of { - such - } { + the + }
vessels { - shall be in compliance - } { + must comply + }
with ORS 480.510 to 480.670 and { - shall be - } { + are + }
under the jurisdiction of the Board of Boiler Rules.
(e) Air tanks used in the operation of brakes on self-propelled
vehicles and trailers that are used for transporting freight or
passengers.
(f) Medical sterilizers that do not exceed one and one-half
cubic feet in volume.
(g) Pressure vessels that do not exceed one and one-half cubic
feet in volume and:
(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.
(h) Pressure vessels that do not exceed five cubic feet in
volume and:
(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
(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)(g) 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.
(3) The following boilers and pressure vessels are exempt from
ORS 480.510 to 480.670, except as to all provisions relating to
construction, installation, alteration or repair and to { - the
inspection and fees in connection with construction,
installation, alteration or repair - } { + installation
permits + }:
(a) Boilers that are not operated at gauge pressures of more
than 15 pounds per square inch and that are located on farms and
used solely for agricultural purposes except when used in
connection with a greenhouse.
(b) Air tanks located on farms and used solely for agricultural
purposes.
(c) Boilers and pressure vessels that are located in private
residences and may be inspected only by a boiler inspector.
(d) Pressure vessels being operated at gauge pressures of less
than 15 pounds per square inch and equipped with a pressure
relief device set to open at a pressure that does not exceed the
lesser of the pressure vessel's maximum allowed working pressure
or 15 pounds per square inch gauge pressure.
{ + (4)(a) Beverage service tanks that have a product volume
of five cubic feet or less are exempt from ORS 480.510 to
480.670.
(b) Except as provided in paragraph (c) of this subsection,
beverage service tanks that have a product volume of more than
five cubic feet are exempt from ORS 480.510 to 480.670, except as
to provisions relating to installation permits and installation
inspections. The installation permit fee for a beverage service
tank is $50.
(c) All portable beverage tanks are exempt from ORS 480.510 to
480.670. + }
{ - (4) - } { + (5) + } 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.
{ - (5) - } { + (6) + } Notwithstanding any requirement of
ORS 480.510 to 480.670 or the state building code, the Department
of Consumer and Business Services may adopt rules granting
partial or complete exemption from ORS 480.510 to 480.670 for a
boiler or pressure vessel if the board determines that the boiler
or pressure vessel does not present a danger to public health or
safety within this state.
SECTION 14. ORS 480.560 is amended to read:
480.560. (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.
(2) Pressure piping that is nonboiler external piping, but that
excludes potable water nonboiler external piping, shall be
inspected on installation only and 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). - }
(3) If a hydrostatic test is necessary to determine the safety
of a boiler or pressure vessel, the test shall be made by the
owner or user of 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 shall be inspected during construction:
(a) By an inspector authorized to inspect boilers in this state
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) - } { + (5) + }; 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 15. ORS 480.570 is amended to read:
480.570. (1) A special inspector receiving a certificate of
competency under ORS 480.565 (3)(b) may not inspect under ORS
480.510 to 480.670 any boiler or pressure vessel not used or not
to be used by the employer of the special inspector.
(2) If a special inspector holds a certificate of competency
issued under ORS 480.565 (3)(a), the special inspector:
(a) May conduct { - periodic - } shop inspections of boilers
and pressure vessels manufactured or to be installed in this
state whether or not { - such - } { + the + } boilers or
pressure vessels are insured or will be insured by the employer
of the special inspector; and
(b) Upon being notified that the boilers or pressure vessels
are ready for inspection, shall perform all installation and
operating inspections required under ORS 480.510 to 480.670 on
boilers and pressure vessels that are operated or insured by the
special 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.
(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).
(5) If a boiler or pressure vessel is inspected by a special
inspector as provided in this section, the boiler or pressure
vessel is subject { - during the inspection period to the
special permit fee - } { + to the installation permit and
operating permit fees + } described in ORS 480.600 (2) instead of
the { + installation permit and + } operating permit
{ - fee - } { + fees + } established under ORS 480.595.
(6) The Department of Consumer and Business Services may cause
a deputy inspector to inspect or reinspect all boilers and
pressure vessels that a special inspector is authorized or
required to inspect. However, the deputy inspector may not
conduct an internal inspection or reinspection unless { + :
(a) + } There is a question as to whether or not the boiler or
pressure vessel meets the minimum safety standards { + ; + } and
{ + (b) + } The special inspector who made the original
inspection, or the employer of the special inspector, is given
reasonable notice and opportunity to be present during the
internal inspection or reinspection.
(7) Subsections (1) to (6) of this section do not apply to
boilers or pressure vessels located in a residential structure
that contains fewer than six dwelling units.
SECTION 16. ORS 480.585 is amended to read:
480.585. { - (1) Any person may apply to the Department of
Consumer and Business Services for 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. - }
{ + (1) After a boiler or pressure vessel has successfully
passed an installation inspection, the Department of Consumer and
Business Services may issue a temporary operation authorization.
The boiler or pressure vessel covered by the temporary operation
authorization may only be operated during the period specified in
the temporary operation authorization. + }
(2) An operating permit for a boiler or pressure vessel shall
specify the maximum pressure under which the boiler or pressure
vessel may be operated. { - 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 an
operating permit if the department finds that the boiler or
pressure vessel, or related appurtenances, for which the permit
was issued does not comply with ORS 480.510 to 480.670.
Suspension of any permit continues in effect until the vessel
conforms to ORS 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. 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
temporary operation authorization or + } valid operating permit
issued under this section is attached 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 temporary operation
authorization or + } valid operating permit issued under this
section is attached 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 temporary operation
authorization or + } valid operating permit issued under this
section is attached 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 adopt rules waiving provisions of this
section.
SECTION 17. ORS 480.595 is amended to read:
480.595. (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. - } { + regarding
installation permits and operating permits. The rules may
include, but need not be limited to, rules creating standardized
forms, establishing operating permit fees, establishing permit
cycles and setting terms and conditions for permit validity.
(2) Upon timely receipt of an installation permit fee, the
department may issue an installation permit, perform an
installation inspection and issue a temporary operating
authorization. + }
{ - (2) - } { + (3) + } Upon timely receipt of an operating
permit fee, the department may issue or renew an operating
permit { + and may perform a periodic inspection if required
during the operating permit cycle + }.
{ - (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. - }
{ + (4) Except as provided in ORS 480.525 and 480.600,
installation permit fees are as follows:
(a) For boilers, $175.
(b) For pressure vessels, $125. + }
{ - (4) - } { + (5) Except as provided in ORS 480.600, + }
maximum operating permit fees { - shall be determined - } { +
per year are + } as follows:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
(aBoilers 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 $u75c-f}et
{ +
(aPower boilers of 15 horsepower
or less $110
(b) Other boilers of 15 horsepower
or less $ 55
(c) Power boilers greater than 15
horsepower to 100 ho$110ower
(d) Other boilers greater than 15
horsepower to 100 ho$s55ower
(e) Power boilers greater than 100
horsepower to 500 ho$110ower
(f) Other boilers greater than 100
horsepower to 500 ho$s55ower
(g) Power boilers greater
than 500 horsepower $110
(h) Other boilers greater
than 500 horsepower $ 55
(i) Notwithstanding paragraphs
(a) to (h) of this subsection,
all cast iron boiler$ 55
(j) Pressure vessels having
a product volume of
20 cubic feet or les$ 50
(k) Pressure vessels having
a product volume
greater than 20 $u50c+f}et
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - (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. - }
{ + (6) For a reinspection, the fee is $75.
(7) For the submission of plans and other pertinent data when
required, for each boiler or pressure vessel, the fee is $78. + }
SECTION 18. 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. 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. - }
{ + (1) For a quantity of boilers or pressure vessels
operated at the same locations, each operating permit fee under
ORS 480.595 issued at the same location is $75. + }
{ - (2)(a) Notwithstanding ORS 480.595, except as provided in
this subsection, the owner or user of any boiler or pressure
vessel that is to be inspected under ORS 480.570 (1) or (2)
during the inspection period shall pay to the Department of
Consumer and Business Services a special permit fee of $25.
However, the department may require payment of an operating
permit fee as provided in ORS 480.595 if the department finds the
boiler or pressure vessel to be in violation of the minimum
safety standards during the inspection period - } .
{ - (b) For a quantity of boilers or pressure vessels
inspected at the same location, the board may establish a
different special permit fee that recognizes the lower costs of
handling. 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. - }
{ + (2) Notwithstanding ORS 480.595 and except as provided in
this subsection, the installing, altering or repairing contractor
or the owner or user of any boiler or pressure vessel that is
inspected under ORS 480.570 (1) or (2) shall pay an installation
permit fee of $40 and an operating permit fee of $40. The
Department of Consumer and Business Services may establish
operating permit cycles by rule. The department may require
payment of an installation or operating permit fee as provided in
ORS 480.595 if the department finds that the boiler or pressure
vessel is in violation of the minimum safety standards. + }
(3) If an insurance company notifies its insured that the
insurance company will no longer insure a boiler or pressure
vessel, or that insurance on a boiler or pressure vessel is no
longer in force, the insurance company shall also notify the
chief boiler inspector, in a form and manner prescribed by the
chief boiler inspector, of the description and vessel
registration numbers of the boilers or pressure vessels for which
insurance is canceled or suspended or is not to be renewed.
(4) If an owner or user of a boiler or pressure vessel fails to
pay any fee required by this chapter within { - 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 is delinquent and shall be increased
by an amount equal to 50 percent of the original fee. - } { +
90 days after the billing date, the department may consider the
fee delinquent and double the amount of the fee. + } The court
may award reasonable attorney fees to the department if the
department prevails in an action to collect a fee required by
this chapter. The court may award reasonable attorney fees to a
defendant who prevails in an action to collect a fee required by
this chapter if the court determines that the department had no
objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial
court.
SECTION 19. ORS 480.605 is amended to read:
480.605. The Department of Consumer and Business Services may:
(1) Collect fees for shop inspections, { + or for inspections,
testing, consultations, site visits or other services for which
no fee is otherwise specified, in the amount of $75 per hour of
travel and inspection time. + } { - inspections of vessels and
for inspection of vessels which have been changed in installation
location after primary use and for any other type of inspection
of boilers, pressure vessels or pressure piping which may be
required by any person or persons, including any governmental
units, all such inspections to be at the cost of inspection, in
accordance with the time required to make the inspection, plus
the expense of the inspector including lodging and travel. The
hourly charge, or portion thereof, shall be fixed by the Board of
Boiler Rules. - }
(2) Collect a fee for welding and inspectors' examinations and
for the renewal of inspectors' certifications. The { + Board of
Boiler Rules shall fix + } amount of the fee { - shall be fixed
by the board - } .
{ - (3) Collect an additional fee from the owner or user when
it is necessary to make a special trip to witness the application
of a hydrostatic or other test. The amount of the fee shall be
fixed by the board. - }
SECTION 20. ORS 480.615 is amended to read:
480.615. (1) The Board of Boiler Rules shall hear the appeal of
an appellant who:
(a) Has filed a timely written request and:
(A) Has received notice that a restraining order or injunction
will be sought;
(B) Has received notice that an { + installation permit or + }
operating permit will be suspended or revoked; or
(C) Is affected by either of such notices; or
(b) 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 - } { + The board shall
hear an appeal + } within three months { - of - } { +
after + } receipt of the request { + . + }
{ - unless - } { + However, if + } an immediate menace to
health or safety is involved, { - in which case the appeal
shall be heard - } { + the board shall hear the appeal + }
within 20 days { - of - } { + after + } 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) { + The board shall keep + } a written or recorded record
{ - shall be kept - } .
SECTION 21. 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 boiler inspector may conduct examinations for
licensing an employee or agent of a business to establish the
competency of the applicant.
(4) Upon payment of the applicable application fee, the
department shall issue a license to an applicant who qualifies as
provided in rules adopted under ORS 455.117 by the Board of
Boiler Rules. Upon payment of the applicable renewal application
fee, the department shall renew the license of a person who
complies with ORS 480.510 to 480.670 and the rules adopted by the
board under ORS 455.117 or 480.545. The fee to apply for or renew
a license is:
(a) { - $25 - } { + $27.50 + } per year for an employee or
agent license.
(b) { - $150 - } { + $165 + } per year for a boiler
contractor license.
(5) A person required to be licensed under this section may not
install, alter or repair a boiler or pressure vessel unless an
{ - install, alter or repair - } { + installation + } permit
is first secured from the department. { + The department shall
issue + } 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 comply with continuing education requirements.
SECTION 22. ORS 480.647 is amended to read:
480.647. (1) The Board of Boiler Rules may adopt rules creating
quality control procedures for welding on nonboiler external
piping and may adopt its own Oregon welded stamp symbol.
(2) The board { - shall - } { + may + } not require the
adoption of 'R ' stamp provisions of the National Board of
{ - Inspection Code - } { + Boiler and Pressure Vessel
Inspectors + } or the American Society of Mechanical Engineers
Certification of Authorization requirements related to boilers
for welding on nonboiler external piping.
(3) The board shall accept an 'R' stamp { - certification - }
{ + certificate of authorization + } by the National Board of
{ - Inspection Code - } { + Boiler and Pressure Vessel
Inspectors + } or the American Society of Mechanical Engineers
{ - Certification of Authorization - } as meeting the
requirements of subsection (1) of this section and may accept any
other quality control program for welding that is at least
equivalent to the Oregon quality control procedures adopted under
subsection (1) of this section.
(4) All review by the Department of Consumer and Business
Services for individual approval of quality control procedures
and requirements shall be charged at the shop inspection rates
under ORS 480.605.
SECTION 23. ORS 455.148 is amended to read:
455.148. (1)(a) A municipality that assumes the administration
and enforcement of a building inspection program 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.
(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) - } { + (5) + }.
(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) - } { + (5) + };
(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;
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)(a) 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.
(b) Notwithstanding paragraph (a) of this subsection, a
municipality may not assume responsibility for administering and
enforcing a building inspection program within the municipality
unless:
(A) Prior to the assumption, the municipality is subject to ORS
455.150; or
(B) Responsibility for the program is being assumed from the
department.
(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
(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 24. ORS 455.148, as amended by section 5, chapter 549,
Oregon Laws 2007, is amended to read:
455.148. (1)(a) A municipality that assumes the administration
and enforcement of a building inspection program 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.
(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) - } { + (5) + }.
(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) - } { + (5) + };
(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;
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.
(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
(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 25. 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.
(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) - } { + (5) + }.
(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) - } { + (5) + };
(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
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
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 26. { + ORS 460.048 and 480.607 are repealed. + }
SECTION 27. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 1, chapter 194, Oregon Laws 2009 (Enrolled Senate Bill
5513), for the biennium beginning July 1, 2009, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, and including
specified federal funds, but excluding lottery funds, collected
or received by the Department of Consumer and Business Services,
is increased by $493,534 for the purpose of restoring three
boiler inspector positions. + }
SECTION 28. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
July 1, 2009. + }
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