Chapter 558 Oregon Laws 1999
Session Law
AN ACT
SB 239
Relating to liquid petroleum
gas regulation fees; amending ORS 480.432, 480.436, 480.440 and 480.450; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS
480.436 is amended to read:
480.436. (1) The annual fee for the LP gas installation license
shall be [$55] $75, except when the LP gas operation is conducted by business
firms located outside the state, in which case the annual fee shall be $220.
(2) The [annual] biennial fee for an LP gas fitter
license or an LP gas truck equipment license shall be [$5] $15.
(3) All licenses shall be renewed on or before a date [each year] specified by the State Fire
Marshal. Unless revoked or suspended by the State Fire Marshal for failure to
comply with the provisions of ORS 480.410 to 480.460, [a] an LP gas installation
license shall continue in force for one year from the date of issuance and
shall not be transferable. An LP gas
fitter license or an LP gas truck equipment license shall continue in force for
two years from the date of issuance and shall not be transferable. The
State Fire Marshal, by rule, may establish a system for staggered license
expiration dates, which includes prorated fees for periods of less than one
year for an LP gas installation license
and less than two years for an LP gas fitter license or an LP gas truck
equipment license.
(4) If the fees provided for in this section are due and
payable and are not paid within 30 days after service of written notice by the
State Fire Marshal therefor, the fees shall be delinquent[;] and a penalty equal to [the
amount of the fee hereby is] 10
percent of the amount of the license fee or $15, whichever is greater, shall be
imposed for such delinquency.
SECTION 2.
ORS 480.440 is amended to read:
480.440. An installation of storage tanks located at dealers'
plants [and] shall be inspected annually. An installation of tanks used for
delivery purposes [shall] may be inspected annually, at the discretion of the State Fire
Marshal. The State Fire Marshal shall collect a fee of $57.50 for each such
plant inspection and $24 for each such delivery unit inspection.
SECTION 3.
ORS 480.450 is amended to read:
480.450. (1) The State Fire Marshal shall be notified prior to
the last day of each month by the installer of all new installations made
during the preceding month of containers or receptacles for liquid petroleum
gas, including installations for private homes and apartments. The installer
shall certify on a form provided by the State Fire Marshal that all such new
installations are duly and properly reported. The State Fire Marshal may
require that the notification include the location and description of the
installation and the name of the user. All fees due and payable shall accompany
the notification. The replacement of empty containers or receptacles with other
containers constructed in accordance with Interstate Commerce Commission
specifications shall not be considered such new installation or change in the
original installation as to require notification to the State Fire Marshal or
necessitate further inspection of the installation. The State Fire Marshal
shall collect from the installer an installation fee of [$14] $24 for [an installation of a tank of more than 1,000
gallons capacity and $8 for an installation of a tank with a capacity of 1,000
gallons or less] each tank installed
or for all tanks at the installation
if the total combined capacity is 200 gallons or less. The State Fire Marshal
or deputies of the fire marshal or assistants shall inspect a reasonable number
of such installations and maintain a record of these inspections in the office
of the State Fire Marshal.
(2) After the initial installation, liquid petroleum gas
containers may be inspected once every 10 years except when changes have been
made in the original installation. The State Fire Marshal shall be notified of
such changes in the same manner provided in this section for new installations.
The State Fire Marshal shall collect from the owner a fee of [$14]
$24 for the inspection of each container. The manner of inspection,
requirement of corrections, satisfaction of such requirements and collection of
fees due and payable shall be in conformity with the provisions of ORS 480.410
to 480.460 for new installations. LP gas installation licensees shall furnish a
list of the locations of 10-year old installations which they service upon
request of the State Fire Marshal.
(3) When, upon inspection of any tank, the new installation
does not comply with the requirements of the State Fire Marshal, the State Fire
Marshal shall instruct the installer as to what corrections are necessary for
compliance with the State Fire Marshal's requirements. The installer of the new
installation shall, within the time set by the State Fire Marshal which in no
case shall be more than 60 days after notification, notify the State Fire
Marshal that the new installation complies with the requirements of the fire
marshal. If the installer so fails to notify the State Fire Marshal, or the
State Fire Marshal has reason to believe that the corrections have not been
made, the State Fire Marshal shall reinspect the new installation and shall
collect from the installer an additional fee of [$10] $24. The installer
shall not be held responsible for the payment of such additional fee resulting
from actions of the user which require correction to achieve compliance with
the requirements of the State Fire Marshal. In such a case the user shall pay
the additional fee.
(4) No person, after notice from the State Fire Marshal, shall
fail to correct any improper installation within the time set by the State Fire
Marshal which in no case shall be more than 60 days after receiving such
notice.
(5) If the fees provided for in this section are due and
payable and are not paid within 30 days after service of written notice by the
State Fire Marshal therefor, or if the installer fails to notify the State Fire
Marshal by the last day of the month succeeding the month a new installation is
made or a change is made requiring an inspection, the fees shall be delinquent[;] and a penalty equal to [the amount of the fee hereby is] 10 percent of the amount of the fees or
$15, whichever is greater, shall be imposed for such delinquency. All fees
and penalties shall be collected by the State Fire Marshal in the name of the
State of Oregon in the same manner that other debts are collected.
(6) The provisions of this section shall not apply to liquid
petroleum gas installations made entirely within the jurisdiction of a
governmental subdivision granted the exemption provided by ORS 476.030 (3) and
when written evidence of the licensing of such installation by the approved
authority is submitted to the State Fire Marshal. The provisions of this
section shall not apply to LP gas installations when made in manufactured
dwellings or recreational vehicles that are constructed or altered in
accordance with applicable rules of the Department of Consumer and Business
Services.
SECTION 4.
ORS 480.432 is amended to read:
480.432. (1) No person shall engage in or work at the business
of installing, extending, altering or repairing any LP gas appliance or piping,
vent or flue connection pertaining to or in connection with LP gas
installations within the state, either as employer or individual, unless such
person has received an LP gas installation license from the State Fire Marshal
in accordance with ORS 480.410 to 480.460.
(2) No person shall do any LP gas fitting or gas venting work,
install, repair or remodel any piping or venting nor any installation, repair
service, connection or disconnection of any LP gas appliance which is subject
to inspection under ORS 480.410 to 480.460 unless the person has received an LP
gas fitter license from the State Fire Marshal in accordance with ORS 480.410
to 480.460.
(3) No person shall operate any LP gas delivery equipment
installed on a motorized vehicle unless the person has received an LP gas truck
equipment license from the State Fire Marshal in accordance with ORS 480.410 to
480.460.
(4) Any person under the terms of this section who is required
to have an LP gas fitter or LP gas truck equipment license is also required to
have an LP gas installation license, unless the person is an employee of an
employer who has an LP gas installation license as provided by this section.
(5) The provisions of
this section shall not apply to LP gas installations in a manufactured dwelling
or recreational vehicle performed during the construction of the manufactured
dwelling or recreational vehicle, or the alteration or repair of an LP gas
installation in a manufactured dwelling or recreational vehicle made pursuant
to the manufacturer's warranty.
SECTION 5. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
July 8, 1999
Filed in the office of
Secretary of State July 8, 1999
Effective date July 8, 1999
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