Chapter 678 Oregon Laws 2001
AN ACT
HB 2899
Relating to persons
regulated by Board of Boiler Rules; amending ORS 480.545, 480.607 and 480.630.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 480.545 is amended to read:
480.545. (1) Under ORS 183.310 to 183.550 the Board of
Boiler Rules may adopt and enforce rules and minimum safety standards to carry
out ORS 480.510 to 480.665 and adopt standards for persons performing welding
on boilers and pressure vessels.
(2) All proceedings in the administration of ORS 480.510 to
480.665 shall be conducted under ORS 183.310 to 183.550 and, additionally,
where applicable, under ORS 480.615.
(3) In addition to the rules otherwise provided, and
subject to ORS 183.310 to 183.550, the board shall adopt rules concerning the
times, dates, frequency and manner of giving notice to interested persons of
intention to consider one or more of the things which the board may consider
under this section.
(4) All rules and minimum safety standards adopted under
this section shall be reasonable and in substantial conformity with generally
accepted nationwide engineering standards. In adopting rules the board shall
consider the probability, extent and gravity of injuries to health and property
which would result from the failure to adopt the standards being considered and
the standards followed, proposed or approved by members of affected industries.
(5) The board, by
rule, shall adopt fees necessary for the administration and enforcement of the
continuing education requirement under ORS 480.630.
[(5)] (6) Any rule adopted by the board
under ORS 480.510 to 480.665 shall be submitted to the Director of Department
of Consumer and Business Services. The director shall have 30 calendar days
from the date of adoption of the rules to review them. If the director fails to
disapprove the rules within the 30-day period, the rules become effective in
accordance with their terms and as provided by law. If the director disapproves
the rules within the 30-day period, the rules immediately shall be returned to
the board with the director’s written objections, and the rules [shall] do not become effective until approved by the director.
SECTION 2.
ORS 480.607 is amended to read:
480.607. Notwithstanding the fees prescribed in ORS 480.595
(3) and (4), 480.600 (2) and 480.630 (4) and (6), and subject to the prior
approval of the Department of Consumer and Business Services, the Oregon
Department of Administrative Services and a report to the Emergency Board prior
to adopting the fees, the Board of Boiler Rules may increase the fees referred
to in this section by an amount not greater than 10 percent. The fees shall be
within the budget authorized by the Legislative Assembly as that budget may be
modified by the Emergency Board. The fees [shall]
must not exceed the cost of the
program, including but not limited to
the cost of administering a continuing education registry.
SECTION 3.
ORS 480.630 is amended to read:
480.630. (1) [No
person shall] A person may not
engage in the business of installing, repairing or altering boilers or pressure
vessels unless the person first obtains a license therefor from the Department
of Consumer and Business Services.
(2) [No person shall]
A person may not install, repair or
alter boilers or pressure vessels as an employee of a business engaged in the
installing, repairing or altering of boilers or pressure vessels unless the
person first obtains certification therefor from the department.
(3) The chief inspector may conduct examinations for
certification of an employee or agent of a business to establish the competency
of the applicant.
(4) Licenses and certification shall be issued by the
department upon recommendation of the Board of Boiler Rules and upon payment of
a fee of $25 for each application for an employee or agent’s certification and
$150 for each application for a business license.
(5) The licenses and certifications shall be renewed
annually without reexamination upon payment of the fees in subsection (4) of
this section and, for renewal of a
certificate, compliance with the continuing education requirement established
in subsection (9) of this section.
(6) [No person shall]
A person may not install, alter or
repair a boiler or pressure vessel without first securing a permit therefor
from the department unless the person is not subject to licensure or
certification. Permits shall be issued only to the persons licensed. A permit
fee of $15 shall be paid directly to the department.
(7) In the case of an emergency, a permit is not required
in advance for boiler or pressure vessel installations, or repair, as required
under subsection (6) of this section, if an application accompanied by the
appropriate fee for a permit is submitted to the department within five days
after the commencing of the boiler or pressure vessel work.
(8) The certification and examination requirements of this
section 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 which meet or exceed the state’s certification standards as
determined by the chief boiler inspector. The chief boiler inspector shall be
notified prior to performance of any work under this subsection.
(9) A person having
a certificate issued under subsection (4) of this section must complete eight
hours of board-approved continuing education every year.
(10) The continuing
education requirement established in subsection (9) of this section applies
only to persons certified by the board to perform work equivalent to that
performed by pressure vessel installers, building service mechanics,
boilermakers or pressure piping mechanics.
Approved by the Governor
June 28, 2001
Filed in the office of
Secretary of State June 29, 2001
Effective date January 1,
2002
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