Oregon Statutes - Chapter 480 - Explosives; Flammable Materials; Pressure Vessels

• 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...
• 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...
• 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...
• 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:...
• 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,...
• 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,...
• 480.070   Fire bombs prohibited; exceptions.
  (1) No person shall possess a fire bomb. For the purpose of this section a “fire bomb” is a breakable container containing a flammable liquid...
• 480.080   [1961 c.722 §1; repealed by 1963 c.384 §4]
• 480.085   Requirement for removal of unused explosives from work area.
  (1) In addition to any other legal requirements, all users of explosives shall be responsible for the removal of all unused explosives from any area...
• 480.090   [1961 c.722 §2; repealed by 1963 c.384 §4]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...
• 480.110   Definitions for Oregon Fireworks Law.
  For the purposes of ORS 480.110 to 480.165, which sections may be cited as the Oregon Fireworks Law, and unless otherwise required by the context:...
• 480.120   Sale, possession and use of fireworks prohibited; exceptions; enforcement.
  (1) No person shall sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within Oregon, except as...
• 480.122   Use for repelling birds or animals allowed; permit; rules.
  (1) Notwithstanding the provisions of ORS 480.110 to 480.124 and 480.130 to 480.150, an owner or lessee of property located outside of an incorporated city...
• 480.124   Use for control of predatory animals allowed.
  Notwithstanding the provisions of ORS 480.110 to 480.165, fireworks may be purchased, maintained, used and exploded by federal or state agencies authorized and required by...
• 480.127   Sale permit for certain items; when required; fee.
  (1) Any person who desires to sell cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers or combination items at retail to individual...
• 480.130   Permit required for sale or public display of fireworks; fee.
  (1) All persons, municipalities, associations or organizations or groups of individuals desiring to sell, discharge, fire off, explode or display fireworks for a public display,...
• 480.140   Fireworks displays to be under supervision of police and fire department chiefs or county court.
  (1) Every such display held within the boundaries of any municipality shall be under the supervision of the chiefs of police and fire departments of...
• 480.150   Permits for fireworks sales or displays; rules; security.
  (1) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays or sales of fireworks or items described in ORS...
• 480.152   Publication of advertisement for sale of unlawful fireworks prohibited.
  (1) No person shall publish or cause to be published: (a) Any advertisement for the sale of fireworks the use or possession of which is...
• 480.154   Manufacturer or wholesaler required to maintain records of sale of fireworks; shipments to show permit number; confiscation.
  (1) Each manufacturer or wholesaler of fireworks or items described in ORS 480.127 shall keep a record of all sales showing the name and address...
• 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.
  (1) It is unlawful for any person to sell fireworks or items described in ORS 480.127, at wholesale to any out-of-state resident who does not...
• 480.158   Parents of minor liable for costs incurred in suppressing fires caused by use of fireworks by minor; exception.
  (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred...
• 480.160   Local regulation and effect of state law; local enforcement authority.
  (1) Nothing in ORS 480.110 to 480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks or items...
• 480.165   Civil penalty for fireworks law violations.
  (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 480.110 to 480.165, or any rule adopted...
• 480.170   [Repealed by 1987 c.158 §107]
• 480.200   Definitions for ORS 480.200 to 480.290.
  As used in ORS 480.200 to 480.290 unless the context requires otherwise: (1) “Certificate of possession” means a certificate issued under ORS 480.235 by the...
• 480.205   Application.
  ORS 480.200 to 480.290 and 480.990 (6) do not apply to: (1) The possession of an explosive by a member of the Armed Forces of...
• 480.210   Certificate of possession required; exceptions; display of certificate upon demand; defenses.
  (1) A person may not possess an explosive unless: (a) The person has in immediate possession at all times during the possession of the explosive...
• 480.215   Transfer of explosives limited.
  Possession of an explosive shall not be transferred unless: (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid...
• 480.220   [1971 c.518 §5; repealed by 1989 c.982 §7]
• 480.225   Eligibility for certificate of possession.
  (1) A person is eligible for a certificate of possession under ORS 480.235 if: (a) The person has not been convicted, or found guilty except...
• 480.230   Application for certificate of possession; fee.
  A person desiring a certificate of possession shall apply on application forms provided by the office of the State Fire Marshal. The forms shall be...
• 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.
  (1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation...
• 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...
• 480.240   [1971 c.518 §11; repealed by 1983 c.100 §1]
• 480.244   Storage facilities; certificate of registration; application; inspection; rules and fees; term of registration.
  (1) A person may store explosives only in an explosives magazine that has been issued a certificate of registration by the State Fire Marshal. (2)...
• 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...
• 480.270   Revocation or suspension for violations; surrender of certificate of possession.
  (1) The issuing authority may suspend or revoke a certificate of possession if the issuing authority finds that the person to whom the certificate of...
• 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...
• 480.280   Administration and enforcement by State Fire Marshal; rules; appointment of assistants.
  (1) 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...
• 480.285   [1971 c.518 §24; repealed by 1973 c.832 §14]
• 480.290   Requirements for person driving vehicle transporting explosives.
  (1) Each person who drives or has charge of a vehicle transporting explosives must possess a certificate issued pursuant to ORS 480.235. (2) Except as...
• 480.310   Definitions for ORS 480.315 to 480.385.
  As used in ORS 480.315 to 480.385: (1) “Class 1 flammable liquids” means liquids with a flash point below 25 degrees Fahrenheit, closed cup tester....
• 480.315   Policy.
  The Legislative Assembly declares that, except as provided in ORS 480.345 to 480.385, it is in the public interest to maintain a prohibition on the...
• 480.320   Use of coin-operated pumps and dispensing of gasoline by self-service declared hazardous.
  The installation and use of coin-operated dispensing devices for Class 1 flammable liquids and the dispensing of Class 1 flammable liquids by self-service, are declared...
• 480.330   Operation of gasoline dispensing device by public prohibited; 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...
• 480.340   Coin-operated or self-service gasoline pumps prohibited; 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...
• 480.345   Conditions for operation of dispensing device by certain nonretail customers.
  Notwithstanding ORS 480.330 and 480.340, the owner, operator or employee of a dispensing facility may permit nonretail customers other than the owner, operator or employee...
• 480.347   Use of gasoline dispensing device by emergency service worker; conditions.
  Notwithstanding ORS 480.330 and 480.340, during an emergency as defined in ORS 401.025, the owner, operator or employee of a dispensing facility may permit nonretail...
• 480.349   Use of gasoline dispensing device by motorcycle operator.
  (1) As used in this section, “motorcycle” has the meaning given that term in ORS 801.365. (2) Notwithstanding ORS 480.330 and 480.340: (a) Upon the...
• 480.350   License required for operation of nonretail facility; application; fee; term; renewal; disposition of fees.
  (1) Except as provided in ORS 480.355, a nonretail facility shall not operate without a license issued under this section. (2) The State Fire Marshal...
• 480.355   Conditional use license; qualifications; application; review of denial.
  (1) Notwithstanding ORS 480.345, upon application from the owner or operator of a nonretail facility, the State Fire Marshal may issue a conditional use license...
• 480.360   Exemption from gallonage requirements of ORS 480.345.
  Any person who was a customer of a facility that is issued a license under ORS 480.350 and was a customer on and since June...
• 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...
• 480.370   Subpoenas for investigation; effect of failure to comply.
  (1) The State Fire Marshal may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance...
• 480.375   Safety inspection of facilities by State Fire Marshal; audit; investigation of law violations.
  (1) The State Fire Marshal shall conduct an annual safety inspection at all nonretail and dual operations facilities dispensing Class 1 flammable liquids to determine...
• 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: (1)...
• 480.385   Civil penalty for gasoline dispensing law violations.
  (1) The State Fire Marshal may impose a civil penalty not to exceed $500 for each violation of any provision of ORS 480.315 to 480.385...
• 480.390   Nonretail facilities at airports; rules.
  (1) As used in this section, “nonretail facility” has the meaning given that term in ORS 480.310. (2) A person may not construct or install...
• 480.410   Definition.
  As used in ORS 480.420 to 480.460, “LP gas” or “liquid petroleum gas” means any liquid composed predominately of any of the following hydrocarbons or...
• 480.420   Liquid petroleum gas rules and regulations; conformity with standards of National Fire Protection Association.
  (1) The State Fire Marshal shall make, promulgate and enforce regulations establishing minimum general standards for the design, construction, location, installation and operation of equipment...
• 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...
• 480.432   Licenses required; exceptions.
  (1) A person may not engage in or work at the business of installing, extending, altering or repairing any LP gas appliance or piping, vent...
• 480.434   Examination of applicants for licenses; examination fee; issuance of license.
  (1) 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,...
• 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...
• 480.436   License fees; term of licenses; delinquency penalty.
  (1) The annual fee for the LP gas installation license is $85. (2) The biennial fee for an LP gas fitter license or an LP...
• 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...
• 480.445   Regulation of liquid petroleum gas container or receptacle siting and installation.
  (1) The regulation of liquid petroleum gas containers or receptacles by the State Fire Marshal pursuant to ORS 480.410 to 480.460 is not a program...
• 480.450   Notice of new installations; fees; inspections after original inspection; notice of changes; correction of improper installations required.
  (1) The installer shall notify the State Fire Marshal, before the last day of each month, of all new installations made during the preceding month...
• 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 fire marshal to...
• 480.510   Short title.
  ORS 480.510 to 480.670 may be cited as the Boiler and Pressure Vessel Law. [1961 c.485 §1; 1969 c.582 §1; 1983 c.676 §2]
• 480.515   Definitions for ORS 480.510 to 480.670.
  As used in ORS 480.510 to 480.670, unless the context requires otherwise: (1) “Board” means the Board of Boiler Rules created under ORS 480.535. (2)...
• 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...
• 480.525   Exempt vessels; rules.
  (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...
• 480.530   Powers and duties of department.
  The Department of Consumer and Business Services may: (1) Where it appears that a person is engaging in or is about to engage in an...
• 480.535   Board of Boiler Rules; members; duties; qualifications; confirmation; rules.
  (1) The Board of Boiler Rules is established in the Department of Consumer and Business Services. The Governor shall appoint the board, which shall formulate...
• 480.540   Term of members; removal; meetings; compensation and expenses.
  (1) The term of office of a member of the Board of Boiler Rules is four years and no member shall be eligible for appointment...
• 480.545   Rules; minimum safety standards; fees.
  (1) 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...
• 480.550   Minimum safety standards; effect on existing vessels; application of subsequent amendments.
  (1) Until different rules are adopted, there is adopted as the minimum safety standards for boilers and pressure vessels the published codification of standard engineering...
• 480.555   Prohibitions relating to nonconforming vessels; exemptions.
  (1) Except as provided in ORS 480.525 (1), a person may not: (a) Make or direct the construction, installation, repair or alteration of a boiler...
• 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.
  (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...
• 480.565   Chief and deputy inspectors; special inspectors.
  The Director of the Department of Consumer and Business Services shall: (1) Appoint a chief boiler inspector who has had practical experience in the construction,...
• 480.570   Inspections by special inspectors or others; effect on permit fee; exempt boilers and vessels.
  (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...
• 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.
  (1) The chief boiler inspector or any deputy inspector may, at all reasonable hours, in performance of the duties imposed by the provisions of ORS...
• 480.585   Permit for operation of vessels; rules for waiver.
  (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...
• 480.590   [1961 c.485 §10; repealed by 1983 c.676 §31]
• 480.595   Permits; rules; fees.
  (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...
• 480.600   Special provisions on permit and inspection fees; notice from insurer.
  (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...
• 480.605   Miscellaneous fees.
  The Department of Consumer and Business Services may: (1) Collect fees for shop inspections, inspections of vessels and for inspection of vessels which have been...
• 480.607   Fee increase.
  Notwithstanding the fees prescribed in ORS 480.595 (4) and (5), 480.600 (2) and 480.630 (4) and (5), and subject to the prior approval of the...
• 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...
• 480.615   Appeals.
  (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...
• 480.630   Licensing of boiler contractors and persons installing, altering or repairing boilers or pressure vessels; examination; fee; continuing education.
  (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...
• 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...
• 480.634   Exemption of journeyman plumber for certain activities.
  (1) 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...
• 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...
• 480.645   Standardized examination; administration.
  (1) The Board of Boiler Rules shall cause to be prepared examinations that are standardized. In standardizing examinations under this subsection, the board may adopt...
• 480.647   Quality control procedures for welding on nonboiler external piping; rules.
  (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...
• 480.660   Notice of violation; correction; when use prohibited; appeal.
  (1) 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...
• 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...
• 480.990   Penalties.
  (1) Violation of any provision of ORS 480.010 to 480.040 is a Class B violation. (2) Violation of any provision of ORS 480.050, 480.060 or...

Last modified: August 7, 2008