(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:
(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, for each elevator, $78.
(c) For each year of an inspection period for:
(A) A dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $52.
(B) An escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $78.
(C) A power-driven elevator with a four floor rise or under, $78.
(D) A power-driven elevator with over a four floor rise, but under a 10-floor rise, $98.
(E) A power-driven elevator with over 10-floor rise, but under 20-floor rise, $124.
(F) A power-driven elevator with a 20-floor rise or over, $147.
(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.
(e) For special inspections of hoisting or lowering mechanisms other than elevators or under special agreement between the department and a person requesting a special inspection, $55 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) For the inspection of an installation or alteration of an elevator, 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 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. [1961 c.427 §20; 1973 c.832 §5; 1977 c.874 §1; 1981 c.566 §1; 1981 c.897 §52; 1991 c.201 §2; 1995 c.696 §21; 2003 c.14 §293; 2005 c.616 §7; 2007 c.71 §143]
Section: Previous 460.095 460.105 460.115 460.125 460.135 460.145 460.155 460.165 460.175 460.210 460.220 460.230 460.310 460.320 460.330 NextLast modified: August 7, 2008