Oregon Revised Statutes

Chapter 480 — Explosives; Flammable Materials; Pressure Vessels

117 sections

480.010 Labels for blasting powder and fuse

All blasting powder and fuse shipped into this state for use, or manufactured in this state for use in this state, shall have stamped or printed upon the outside of the original package, box, case or wrapper the date of manufacture of the contents.

480.020 Prohibition against sale of bad powder

Whenever any blasting powder shows a state of disintegration or decomposition sufficient so that it remains in a soft condition in a temperature of 32 degrees Fahrenheit, or is in a state of crystallization, which is revealed by some portions being in a hard condition and surrounded by other portions in a soft condition, it shall be deemed bad and dangerous …

480.030 Fuse unfit for use and sale; prohibition of use

Whenever any fuse shows by its appearance to have been overheated, or if it is in a hard and brittle condition, which is seen by breaks and cracks in the wrapper around the outside of the fuse, the same shall be declared unfit for use and sale, and its use is forbidden.

480.040 Sale, exchange or possession, when unlawful

No person shall sell or exchange, or offer or expose for sale or exchange, or have in possession for use by employees of the person: Any blasting powder or fuse which has not been stamped or printed upon as required in ORS 480.010. Any blasting powder of which the sale and use is prohibited by ORS 480.020. Any fuse declared to be unfit for use as prohibit…

480.050 Prohibition against intrastate transportation of explosives in passenger vehicle operated by common carrier; exception

No person shall transport, carry or convey, or have transported, carried or conveyed, any dynamite, gunpowder or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier which car or vehicle is carrying passengers for hire. However, it shall be lawful to transport on any such car or vehi…

480.060 Transportation of certain explosives prohibited

No person shall transport, carry or convey, or have transported, carried or conveyed, liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosives, between any places in Oregon, on any car or other vehicle of any description operated by a common carrier in the transportation of passengers.

480.070 Fire bombs prohibited; exceptions

No person shall possess a fire bomb. For the purpose of this section a “fire bomb” is a breakable container containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less, having an integral wick or similar device capable of being ignited, but no device commercially manufactured primarily for the purpose of illuminating shall be deemed to…

480.080 [1961 c.722 §1; repealed by 1963 c.384 §4]

480.085 Requirement for removal of unused explosives from work area

In addition to any other legal requirements, all users of explosives shall be responsible for the removal of all unused explosives from any area of use after the work for which the explosive was required is completed or when the user is absent for more than 30 days from the area of use, unless the explosives are stored in a manner meeting the safety requirem…

480.090 [1961 c.722 §2; repealed by 1963 c.384 §4]

480.095 Penalty and civil liability for violation of ORS 480.085

Persons violating ORS 480.085 are subject to the penalty provided in ORS 480.990 (4) and are liable in civil action for damages to any person suffering injury from handling or otherwise coming in contact with unused explosives that are left in an area of use in violation of ORS 480.085, regardless of any negligence or lack of negligence on the part of the de…

480.110 [Amended by 1967 c.417 §23; 1981 c.635 §1; 1983 c.788 §5; repealed by 2013 c.24 §13]

FIREWORKS

480.111 Definitions for ORS 480.111 to 480.165

As used in ORS 480.111 to 480.165: “Cone fountain” means a cardboard or heavy paper cone that: Contains 50 grams or less of pyrotechnic composition; If mounted on a common base with other cones having less than one-half inch of separation, results, when measured in combination with all other cones on the base, in a total pyrotechnic composition of not mor…

480.120 Sale, possession and use of fireworks prohibited; exceptions; enforcement

No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as follows: Sales by manufacturers and wholesalers to customers residing outside this state in accordance with ORS 480.156; Sales to persons or organizations having obtained a permit from the State Fire Marshal for super…

480.122 [1961 c.293 §2; 1987 c.158 §106; repealed by 2015 c.57 §3]

480.123 Use for repelling birds or other animals; permit; rules

As used in this section, “responsible charge” means ownership, a leasehold, management or authority to act as the representative of an owner, lessee or manager. The State Fire Marshal may adopt rules for the use of fireworks to repel birds or other animals. A person having responsible charge of a property may apply to the State Fire Marshal for a permit to…

480.124 Use for control of predatory animals allowed

Notwithstanding the provisions of ORS 480.111 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by ORS 610.002 to 610.020 to eradicate and control predatory animals. Such purchase and use shall be in compliance with rules and regulations promulgated by the State Fire Marshal, with the a…

480.127 Permit for retail sale of consumer fireworks; fee; rules

Any person who desires to sell consumer fireworks at retail to individual members of the general public for personal use shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. The State Fire Marshal shall issue the permit only if the State Fire Marshal finds that the applicant is qualified to conduct t…

480.130 Permit for fireworks display; permit for wholesale sale of consumer fireworks; fee; rules

All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display, or to sell consumer fireworks to persons who possess the permit referred to in ORS 480.127, shall apply in writing to the State Fire Marshal for a permit at least 15 days in advance of t…

480.140 Fireworks displays to be under supervision of police and fire department chiefs or county court

Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of the municipalities in which the display is to be held and shall be of such character, and so located, discharged or fired as, in the opinion of the chief of the fire department, after proper inspection, shall not be…

480.150 Permits for fireworks sales or displays; rules; security

The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks by municipalities, fair associations, amusement parks, and other persons, organizations or groups of individuals. The governing body of any municipality, or of any county, may require liability insurance, or an irrevocable letter of cre…

480.152 Publication of advertisement for sale of unlawful fireworks prohibited

No person shall publish or cause to be published: Any advertisement for the sale of fireworks the use or possession of which is declared unlawful by ORS 480.111 to 480.165. Any advertisement for the sale of fireworks in any county, municipality or fire protection district that by law or ordinance has declared the sale or use of the fireworks is prohibited.…

480.154 Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation

Each manufacturer or wholesaler of fireworks shall keep a record of all sales showing the name and address of the purchaser, the state of destination, license and permit numbers, the state and date of permit issuance and a list of the type and quantity of fireworks sold. All shipments of fireworks coming into this state must show the appropriate permit numb…

480.156 Sale of fireworks to out-of-state resident without valid license or permit prohibited; seller to ascertain license or permit requirements of other states; seller’s records

It is unlawful for any person to sell fireworks at wholesale to any out-of-state resident who does not possess and present to the seller for inspection at the time of sale a valid license or permit issued in the name of such out-of-state resident, if such license or permit is required to purchase, possess, transport, store, distribute, sell or otherwise deal…

480.158 Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception

In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by a public fire agency in suppressing fires caused by use of fireworks by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such da…

480.160 Local regulation and effect of state law; local enforcement authority

Nothing in ORS 480.111 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize t…

480.165 Civil penalty for fireworks law violations

In addition to any other penalty provided by law, any person who violates any provision of ORS 480.111 to 480.165, or any rule adopted by the State Fire Marshal pursuant thereto, is subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed $500 per violation. However, an individual member of the general public who possesses fire…

480.170 [Repealed by 1987 c.158 §107]

MANUFACTURE, SALE, POSSESSION AND TRANSFER OF EXPLOSIVES

480.200 Definitions for ORS 480.200 to 480.290

As used in ORS 480.200 to 480.290 unless the context requires otherwise: “Certificate of possession” means a certificate issued under ORS 480.235 by the State Fire Marshal to applicants who have met the requirements of ORS 480.200 to 480.290. “Certificate of registration” means a certificate of registration issued under ORS 480.244 by the State Fire Marsha…

480.205 Application

ORS 480.200 to 480.290 and 480.990 (6) do not apply to: The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement agency, public fire department or fire protection agency while engaged in the perform…

480.210 Certificate, license or permit required; display upon demand; defenses

A person may not possess an explosive unless: The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235; The person possesses a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes the possession…

480.215 Transfer of explosives limited

Possession of an explosive may not be transferred unless: The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer; The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes possession of the explosive by the transfe…

480.220 [1971 c.518 §5; repealed by 1989 c.982 §7]

480.225 Eligibility for certificate of possession

A person is eligible for a certificate of possession under ORS 480.235 if: The person has not been convicted, or found guilty except for insanity under ORS 161.295, of a misdemeanor involving violence, as defined in ORS 166.470, within the previous four years. A person who has been so convicted is eligible under this subsection following the expiration of s…

480.230 Application for certificate of possession; fee

A person desiring a certificate of possession shall apply on application forms provided by the Department of the State Fire Marshal. The forms shall be completed in full and shall include: The applicant’s legal name, current address and current telephone number; The applicant’s date of birth; A statement by the applicant that the applicant is eligible for…

480.235 Waiting period for issuance of certificate of possession; investigation of applicant; authority of investigating body to require fingerprints; term of certificate; assignment or transfer prohibited; records required

A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section. The issuing authority shall conduct an investigation to ensure that the applicant meets the requirements listed in ORS 480.225 and 480.230…

480.239 Application for renewal of certificate of possession; testing criteria

Any applicant for the renewal of an unexpired certificate of possession issued on or after June 1, 2000, shall not be required to retake the safety examination described under ORS 480.225 (1)(j) to obtain the renewal unless the applicant has allowed the certificate to lapse. All other requirements for the issuance of a certificate shall be met before a certi…

480.240 [1971 c.518 §11; repealed by 1983 c.100 §1]

480.244 Storage facility approval; inspection; relocation; rules; fees

A person may store explosives only in an explosives magazine that has been issued a certificate of registration by the State Fire Marshal or has been approved by the Bureau of Alcohol, Tobacco, Firearms and Explosives for storing that type of explosive. An application for a certificate of registration shall be submitted on a form approved by the State Fire …

480.245 [1971 c.518 §12; repealed by 1983 c.100 §1]

480.250 [1971 c.518 §13; 1981 c.635 §5; repealed by 1983 c.100 §1]

480.255 [1971 c.518 §14; repealed by 1999 c.980 §18]

480.260 [1971 c.518 §§16,17; repealed by 1999 c.980 §18]

480.265 Report of loss, theft or unlawful removal of explosives required

The loss, theft or unlawful removal of an explosive from the possession of any person shall be reported by the person within 24 hours to the issuing authority and a law enforcement agency of this state. The report shall include the type and quantity of the explosive.

480.270 Revocation or suspension for violations; surrender of certificate of possession

The issuing authority may suspend or revoke a certificate of possession if the issuing authority finds that the person to whom the certificate of possession was issued is ineligible for the certificate of possession under ORS 480.225 or 480.230 or that the person has been convicted of a violation under ORS 480.990 (6). A certificate of possession suspended …

480.275 Hearings on denial, suspension or revocation of certificate

An applicant who has been denied a certificate of possession or a certificate of registration or a person whose certificate of possession or certificate of registration has been suspended or revoked is entitled to a hearing before the issuing authority under ORS chapter 183.

480.280 Administration and enforcement by State Fire Marshal; rules; appointment of assistants

The State Fire Marshal shall administer and enforce ORS 480.200 to 480.290 and 480.990 (6) and may, in accordance with the applicable provisions of ORS chapter 183, adopt rules considered to be necessary in carrying out ORS 480.200 to 480.290 and 480.990 (6). The rules adopted shall be such as are reasonably necessary for the protection of the public health,…

480.285 [1971 c.518 §24; repealed by 1973 c.832 §14]

480.290 Requirements for person driving vehicle transporting explosives

Each person who drives or has charge of a vehicle transporting explosives must comply with the requirements of the United States Department of Transportation. Except as provided in subsection (3) of this section, the driver of a vehicle transporting any quantity of explosives must attend the vehicle at all times. The driver of a vehicle transporting explos…

480.310 Definitions for ORS 480.310 to 480.385

As used in ORS 480.310 to 480.385: “Class 1 flammable liquids” means liquids with a flash point below 25 degrees Fahrenheit, closed cup tester. “Nonretail facility” means an unattended facility where Class 1 flammable liquids are dispensed through a card or key activated fuel dispensing device to nonretail customers.

480.315 [1991 c.863 §49a; 1999 c.59 §160; 2007 c.70 §276; repealed by 2023 c.607 §9]

480.320 [Amended by 1959 c.73 §1; repealed by 2023 c.607 §9]

480.330 [Amended by 2001 c.285 §1; repealed by 2023 c.607 §9]

480.332 Fuel dispensing devices

A filling station, service station, garage or other dispensary where Class 1 flammable liquids are dispensed at retail may not designate more than the same number of fuel dispensing devices for self-service use by customers as are designated for attended service by an owner, operator or employee of the dispensary of Class 1 flammable liquids. A self-service…

480.340 Automatic shut-off devices regulated; aviation fuel exception

An owner, operator or employee of a filling station, service station, garage or other dispensary where Class 1 flammable liquids, except aviation fuels, are dispensed at retail may not install or use or permit the use of a device that permits the dispensing of the liquids when the operator of the discharge nozzle removes the operator’s hand from the control …

480.341 Customer operation of gasoline dispensing device in rural Oregon

As used in this section, “rural Oregon” means Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties. Subject to subsection (3) of this section, if a filling station, service station, garage or other dispensary where Class 1 flammab…

480.343 [2017 c.207 §2; repealed by 2023 c.607 §9]

480.344 Equal access for persons with disabilities

A filling station, service station, garage or other dispensary subject to ORS 480.332 or 480.341, that makes an owner, operator or employee available for dispensing Class 1 flammable liquids, shall provide equal access to the dispensing services of the dispensary to persons with disabilities. Equal access shall be provided by: Posting a sign that is clearly…

480.345 Conditions for operation of dispensing device by certain nonretail customers

The owner, operator or employee of a dispensing facility may permit nonretail customers other than the owner, operator or employee to use or manipulate at the dispensing facility a card activated or key activated device for dispensing Class 1 flammable liquids into the fuel tank of a motor vehicle or other container under the following conditions: The owner…

480.347 Use of gasoline dispensing device by emergency service volunteer; conditions

Notwithstanding any restriction in ORS 480.332, 480.341 or 480.345, during an emergency as defined in ORS 401.025, the owner, operator or employee of a dispensing facility may permit nonretail customers, other than the owner, operator or employee, to use or manipulate at the dispensing facility a card activated or key activated device for dispensing Class 1 …

480.349 [2001 c.344 §2; repealed by 2023 c.607 §9]

480.350 License required for operation of nonretail facility; application; fee; term; renewal; disposition of fees

A nonretail facility may not operate without a license issued under this section. The State Fire Marshal shall issue a nonretail facility license to a person if the person submits an application to the State Fire Marshal on a form approved by the State Fire Marshal for each nonretail facility and the application includes: A statement that the applicant wil…

480.355 [1991 c.863 §56; 1995 s.s. c.3 §35; 1996 c.11 §2; 1997 c.463 §1; 1999 c.95 §1; 2001 c.104 §220; 2001 c.285 §3; repealed by 2025 c.155 §5]

480.360 [1991 c.863 §50a; repealed by 2025 c.155 §5]

480.365 Suspension, revocation, refusal to issue or renew nonretail facility license; procedure

In accordance with ORS chapter 183, the State Fire Marshal may revoke or suspend or may refuse to issue or renew a nonretail facility license if the State Fire Marshal finds that an applicant or a person to whom the license was issued: Falsified the application for the license; or Failed to comply with any provision of ORS 480.310 to 480.385 or any applica…

480.370 Subpoenas for investigation; effect of failure to comply

The State Fire Marshal may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with any provision of ORS 480.310 to 480.385 or any rule adopted by the State Fire Marshal. If a person fails to comply with any subpoena issued under subsection (1) of this section, a jud…

480.375 Safety inspection of facilities by State Fire Marshal; audit; investigation of law violations

The State Fire Marshal shall conduct an annual safety inspection at all nonretail and dual operations facilities dispensing Class 1 flammable liquids to determine if the facility is operating in compliance with the provisions of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal. Every three years, the State Fire Marshal shal…

480.380 Rules

In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal, in consultation with the Department of Environmental Quality, shall adopt rules: Necessary for the administration of ORS 480.310 to 480.385; Establishing standards for the design, construction, location, installation and operation of retail, automated or dual operations eq…

480.385 Civil penalty for gasoline dispensing law violations

The State Fire Marshal may impose a civil penalty not to exceed $500 for each violation of any provision of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal. A civil penalty imposed under this section shall become due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appe…

480.387 Timeline for imposing civil penalties

Notwithstanding ORS 480.385, the State Fire Marshal may only impose civil penalties for conduct violating ORS 480.332 or the amendments to ORS 479.180, 480.340, 480.341, 480.344, 480.345 and 480.347 by sections 3 to 8, chapter 607, Oregon Laws 2023, if the conduct occurs on or after March 1, 2024. Note: 480.387 was enacted into law by the Legislative Assemb…

480.390 Nonretail facilities at airports; rules

As used in this section, “nonretail facility” has the meaning given that term in ORS 480.310. A person may not construct or install a nonretail facility that dispenses aviation fuels at an airport unless the Director of the Oregon Department of Aviation permits the facility. The director may not permit the construction or installation of a nonretail facili…

480.410 Definition

As used in ORS 480.420 to 480.460, “LP gas” or “liquefied petroleum gas” means any liquid composed predominantly of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane or isobutane) and butylenes.

480.420 Liquefied petroleum gas rules and regulations; conformity with standards of National Fire Protection Association

The State Fire Marshal shall make, promulgate and enforce regulations establishing minimum general standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied petroleum gases and specifying the degree of odorization of the gases, and shall …

480.430 Liquefied petroleum gas containers; certain uses prohibited

No person other than the owner of the container or receptacle and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered or used in any manner any liquefied petroleum gas container or receptacle for any gas or compound or for any other purpose.

480.432 Licenses required; exceptions

A person may not engage in or work at the business of installing, extending, altering or repairing any LP gas appliance or piping, vent or flue connection pertaining to or in connection with LP gas installations within the state, either as employer or individual, unless the person has received an LP gas installation license from the State Fire Marshal in acc…

480.434 Examination of applicants for licenses; examination fee; issuance of license

The State Fire Marshal shall examine applicants for licenses required under ORS 480.410 to 480.460 as to their knowledge of LP gas, its properties, related equipment and applicable safety regulations. An applicant for examination must submit an examination application, accompanied by an examination fee of $55, prior to the examination. LP gas fitters and dr…

480.435 Licenses; revocation; suspension; refusal to issue or renew

In accordance with ORS chapter 183, the State Fire Marshal may revoke or suspend or may refuse to issue or renew a license required pursuant to ORS 480.410 to 480.460, or may place the licensee in a probationary status subject to specified conditions, if the State Fire Marshal finds that the person to whom the license was issued: Deliberately falsified the …

480.436 License fees; term of licenses; delinquency penalty

The annual fee for the LP gas installation license is $130. The biennial fee for an LP gas fitter license or an LP gas truck equipment license is $60. All licenses must be renewed on or before a date specified by the State Fire Marshal. Unless revoked or suspended by the State Fire Marshal for failure to comply with the provisions of ORS 480.410 to 480.460…

480.440 Inspection of certain storage tanks; fee

The State Fire Marshal shall annually inspect an installation of storage tanks located at dealers’ plants. The State Fire Marshal may annually inspect an installation of tanks used for delivery purposes. The State Fire Marshal shall collect a fee of $100 for each plant inspection and $24 for each delivery unit inspection.

480.445 Regulation of liquefied petroleum gas container or receptacle siting and installation

The regulation of liquefied petroleum gas containers or receptacles by the State Fire Marshal pursuant to ORS 480.410 to 480.460 is not a program affecting land use under ORS 197.180. A local government may not regulate the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated by the State Fire Marshal p…

480.450 Notice of new installations; fees; inspections after original inspection; notice of changes; correction of improper installations required

The installer shall notify the State Fire Marshal, before the last day of each month, of all new installations made during the preceding month of containers or receptacles for liquefied petroleum gas, including installations for private homes and apartments. The installer shall certify on a form provided by the State Fire Marshal that all of the new installa…

480.460 Disposition of fees

All fees received by the State Fire Marshal under ORS 480.200 to 480.290 and 480.410 to 480.460 shall be paid by the State Fire Marshal to the State Treasurer monthly and shall constitute and be an appropriation to the Department of the State Fire Marshal available for the payment of salaries and expenses of deputies and clerical and other assistants of the …

480.510 Short title

ORS 480.510 to 480.670 may be cited as the Boiler and Pressure Vessel Law.

480.515 Definitions for ORS 480.510 to 480.670

As used in ORS 480.510 to 480.670, unless the context requires otherwise: “Alteration” means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment. “Board” means the Board of Boiler Rules created under ORS 480.535. “Boiler” or “boilers” means: A closed vessel or vessels intended for the heat…

480.520 Purpose of ORS 480.510 to 480.670

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: For determining where and by whom boilers …

480.525 Exempt vessels; rules; fee

ORS 480.510 to 480.670 do not apply to: Boilers and pressure vessels under federal safety regulations or control. Domestic water heaters designed for heating potable water, equipped with an approved pressure-relieving device, containing only water and that do not exceed a: Capacity of 120 gallons; Water temperature of 210 degrees Fahrenheit; Pressure of…

480.530 Powers and duties of department

The Department of Consumer and Business Services may: Where it appears that a person is engaging in or is about to engage in an act or practice in violation of any provision of ORS 480.510 to 480.670, obtain without furnishing a bond, a restraining order and injunction from the circuit court in the county where the act or practice is occurring, or is threat…

480.535 Board of Boiler Rules; members; duties; qualifications; confirmation; rules

The Board of Boiler Rules is established in the Department of Consumer and Business Services. The Governor shall appoint the board, which shall formulate and promulgate rules under ORS 480.510 to 480.670 for the safe construction, installation, inspection, operation, maintenance and repair of boilers and pressure vessels in this state and review determinatio…

480.540 Term of members; removal; compensation and expenses

The term of office of a member of the Board of Boiler Rules is four years and a member is not eligible for appointment to more than two full terms of office. A member shall continue to serve until a successor has been appointed and qualified. Vacancies shall be filled by appointment for the unexpired term. The chief boiler inspector shall serve without a vo…

480.545 Rules; minimum safety standards; fees

Under ORS chapter 183 the Board of Boiler Rules may adopt and enforce rules and minimum safety standards to carry out ORS 480.510 to 480.670 and adopt standards for persons performing welding on boilers and pressure vessels. All proceedings in the administration of ORS 480.510 to 480.670 shall be conducted under ORS chapter 183 and, additionally, where appl…

480.550 Minimum safety standards; effect on existing vessels; application of subsequent amendments

Until different rules are adopted, there is adopted as the minimum safety standards for boilers and pressure vessels the published codification of standard engineering practices and formulae known as the “Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers,” together with the published revisions and interpretations thereof in effe…

480.555 Prohibitions relating to nonconforming vessels; exemptions

Except as provided in ORS 480.525 (1), a person may not: Make or direct the construction, installation, repair or alteration of a boiler or pressure vessel that does not meet minimum safety standards. Lend, rent out, or offer to lend or to rent out, sell, offer for sale, or dispose of by gift or otherwise, for operation, a boiler or pressure vessel that do…

480.557 [Formerly 447.135; 1987 c.847 §2; 1991 c.518 §8; repealed by 1999 c.712 §1 and 1999 c.713 §2]

480.560 Inspections; testing; rules

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. Pressure piping that is nonboiler external piping, but that excludes potable water no…

480.565 Chief and deputy inspectors; special inspectors

The Director of the Department of Consumer and Business Services shall: Appoint a chief boiler inspector who has had practical experience in the construction, maintenance, repair or operation of high pressure boilers and pressure vessels as a mechanical engineer, practical steam operating engineer, boilermaker or boiler inspector and who: Has passed a writ…

480.570 Inspections by special inspectors or others; effect on permit fees; exempt boilers and vessels

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. If a special inspector holds a certificate of competency issued under ORS 480.565 (3)(a), the special inspector: May conduct shop i…

480.575 [1961 c.485 §15; 1969 c.582 §13; 1983 c.676 §13; 1999 c.598 §1; 2001 c.104 §222; repealed by 2005 c.758 §56]

480.580 Access to buildings and premises by inspectors

The chief boiler inspector or any deputy inspector may, at all reasonable hours, in performance of the duties imposed by the provisions of ORS 480.510 to 480.670, enter into all buildings and upon all premises, except private residences, for the purpose of inspecting any boiler or pressure vessel that is covered by ORS 480.510 to 480.670 and that the chief b…

480.585 Temporary operation authorization; operating permit; suspension or revocation

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. An oper…

480.590 [1961 c.485 §10; repealed by 1983 c.676 §31]

480.595 Permits; rules; fees

The Department of Consumer and Business Services may adopt rules 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. Upon timely receipt of an installatio…

480.600 Special provisions on permit and inspection fees; notice from insurer

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. 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…

480.605 Miscellaneous fees

The Department of Consumer and Business Services may: 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. Collect a fee for welding and inspectors’ examinations and for the renewal of inspectors’ cer…

480.607 [1983 c.676 §20b; 1991 c.703 §16; 2001 c.678 §2; 2005 c.758 §35; 2007 c.487 §11; repealed by 2009 c.696 §26]

480.610 Disposition of fees

All receipts from fees, charges, costs and expenses under ORS 480.510 to 480.670 shall be collected by the Department of Consumer and Business Services and paid into the Consumer and Business Services Fund created by ORS 705.145. Such moneys shall be used only for the administration and enforcement of ORS 480.510 to 480.670.

480.615 Appeals

The Board of Boiler Rules shall hear the appeal of an appellant who: Has filed a timely written request and: Has received notice that a restraining order or injunction will be sought; Has received notice that an installation permit or operating permit will be suspended or revoked; or Is affected by either of such notices; or Has filed a written request …

480.630 Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels; installation permits; fees; continuing education

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. 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 o…

480.632 Employment of unlicensed worker prohibited

A person licensed, or required to be licensed, under ORS 480.630 to engage in the business of installing, repairing or altering boilers or pressure vessels may not employ any person to work on a boiler or pressure vessel unless the employed person has a valid license issued under ORS 480.630.

480.634 Exemption of journeyman plumber for certain activities

A person who has a valid journeyman plumber license does not have to obtain a license under ORS 480.630 (2) to work as an employee of a business engaged in installing or replacing by nonwelded means a potable domestic water heater that: Is not used for space heating; Has a capacity that does not exceed 180 gallons; Has a water temperature that does not ex…

480.635 [1973 c.830 §5; 1983 c.676 §21; repealed by 2005 c.758 §56]

480.640 When court action not available

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 pe…

480.645 Standardized examination; administration

The Board of Boiler Rules shall cause to be prepared examinations that are standardized. In standardizing examinations under this subsection, the board may adopt standardized examinations prepared by nationally recognized bodies. The board shall allow any person who takes an examination to review the examination and test results of that person.

480.647 Quality control procedures for welding on nonboiler external piping; rules

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. The board may not require the adoption of “R” stamp provisions of the National Board of Boiler and Pressure Vessel Inspectors or the American Society of Mechanical Engineers Certification of…

480.660 Notice of violation; correction; when use prohibited; appeal

If an inspector determines that any condition exists that is a violation of the safety standards prescribed pursuant to ORS 480.510 to 480.670, the inspector shall post a notice in plain view on or near the affected boiler or pressure vessel that specifies the defective condition, and shall provide a copy of the notice to the owner or user of the affected bo…

480.665 [1983 c.676 §27; 1991 c.734 §47; 1999 c.846 §3; repealed by 2001 c.411 §31]

480.670 Civil penalty for Boiler and Pressure Vessel Law violations; disposition of penalty moneys

The Board of Boiler Rules may impose a civil penalty for a violation of ORS 480.510 to 480.670 or rules adopted for the administration and enforcement of those sections. Moneys received by the Department of Consumer and Business Services or the board from civil penalties imposed under this section or ORS 455.895 (1)(c) shall be deposited to the Consumer and …

480.990 Penalties

Violation of any provision of ORS 480.010 to 480.040 is a Class B violation. Violation of any provision of ORS 480.050, 480.060 or 480.290 is a Class C misdemeanor. Violation of ORS 480.070 is a Class A misdemeanor. Violation of ORS 480.085 is a Class B violation. Violation of any provision of ORS 480.111 to 480.165 is a Class B misdemeanor. Violations t…