Oregon Boiler & Pressure Vessel Law

Oregon Code · 22 sections

The following is the full text of Oregon’s boiler & pressure vessel law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 276.212

276.212 upon lands now owned by the state or lands acquired by the department.

����� 276.218 Acquiring machines and equipment; terms; pledging operating funds. (1) The Oregon Department of Administrative Services may acquire by purchase, lease or otherwise, the machines, engines, boilers, pipes, steam fittings, electrical equipment, appliances, transmission poles, lines, wire and other equipment necessary in carrying out the provisions of ORS 276.212, for cash, on contract, conditional bill of sale, lease purchase or installment purchase. The department may contract to pay, as rental or otherwise, on the amortization plan, the principal and interest of the purchase price of such personal property.

����� (2) The rate of interest on the principal of the purchase cost and the terms and conditions for repayment shall be as determined by the department. The department may pledge, on behalf of the State of Oregon, for the retirement of such indebtedness, such reasonable sums from operating appropriations or service charges as is required for:

����� (a) The purchase or securing of steam heat, electrical current or energy from private persons or corporations for light, heat and power for any such public buildings.

����� (b) Transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of any or all business of the state or in which the state is interested.

����� (3) The department may make installment payments on such contracts on such purchase price. Such obligations shall not be deemed a general indebtedness of the state, but shall be payable out of appropriations made or provided for the operation and maintenance of such public buildings. In the case of telecommunications systems and all related equipment, repayment may be from service charges paid by agencies for the operation of the systems. [Amended by 1969 c.199 �33; 1983 c.424 �2]

����� 276.220 Payment of cost of real and personal property. The Oregon Department of Administrative Services may, for the purpose of paying in whole or in part the cost of any real or personal property acquired or contracted to be purchased or otherwise acquired under the provisions of ORS 276.210 to 276.228, use from any sum appropriated by law for the maintenance, operation and capital outlays of any of the public buildings and grounds or departments, such amount thereof, or equivalent amount, as is reasonably required or would otherwise be paid for the purchase of, or payment for, steam heat, electrical current or energy supplied by any person or corporation to any such state buildings for heat, light or power, and for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 �34]

����� 276.222 Contracting to purchase services and use facilities. The Oregon Department of Administrative Services may:

����� (1) Contract with any person for the furnishing of heat, light, power, telephone, telegraph or radio, or either or all thereof, for any of the purposes mentioned in ORS

ORS 390.665

390.665]

����� 390.750 [Formerly 274.110; 1969 c.601 �19; renumbered 390.685]

�����

(Vegetation Line)

����� 390.755 Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved.

����� (2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770. [1969 c.601 �27; 1979 c.186 �24]

����� 390.760 Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

Point Designation������ ����������� Point Designation

and Number��� ����������������������� and Number

From��� ����������� To������� ����������� From��� ����������� To

Cl-7-6� ����������� Cl-7-7� ����������� Cl-7-55����������� Cl-7-56

Cl-7-10����������� Cl-7-11����������� Cl-7-76����������� Cl-7-77

Cl-7-13����������� Cl-7-14����������� Cl-7-115��������� Cl-7-116

Cl-7-52����������� Cl-7-53����������� Cl-7-134��������� Cl-7-135

Ti-7-3� ����������� Ti-7-4� ����������� La-7-72���������� La-7-73

Ti-7-6� ����������� Ti-7-7� ����������� La-7-87���������� La-7-88

Ti-7-18����������� Ti-7-19����������� Do-8-78���������� Do-8-79

Ti-7-33����������� Ti-7-34����������� Co-7-82���������� Co-7-83

Ti-7-83����������� Ti-7-84����������� Co-7-111�������� Co-7-112

Ti-7-88����������� Ti-7-89����������� Co-7-146�������� Co-7-147

Ti-7-94����������� Ti-7-95����������� Co-7-178�������� Co-7-179

Ti-7-99����������� Ti-7-100��������� Co-7-200�������� Co-7-201

Ti-7-113��������� Ti-7-114��������� Co-7-229�������� Co-7-230

Ti-7-168��������� Ti-7-169��������� Cu-7-25���������� Cu-7-26

Ti-7-183��������� Ti-7-184��������� Cu-7-54���������� Cu-7-55

Ti-7-249��������� Ti-7-250��������� Cu-7-155�������� Cu-7-156

Li-7-2A���������� Li-7-3� ����������� Cu-7-167�������� Cu-7-167A

Li-7-10����������� Li-7-11����������� Cu-7-167E����� Cu-7-168

Li-7-17����������� Li-7-18����������� Cu-7-174�������� Cu-7-175

Li-7-73����������� Li-7-74����������� Cu-7-196�������� Cu-7-197

Li-7-118��������� Li-7-119��������� Cu-7-201�������� Cu-7-202

Li-7-150��������� Li-7-151��������� Cu-7-219�������� Cu-7-220

Li-7-154��������� Li-7-155��������� Cu-7-225�������� Cu-7-226

Li-7-161��������� Li-7-162��������� Cu-7-236�������� Cu-7-237

Li-7-165��������� Li-7-166��������� Cu-7-258�������� Cu-7-259

Li-7-167A������ Li-7-168��������� Cu-7-268�������� Cu-7-269

Li-7-170��������� Li-7-171��������� Cu-7-288�������� Cu-7-289

Li-7-176��������� Li-7-177��������� Cu-7-310�������� Cu-7-311

Li-7-182��������� Li-7-183��������� Cu-7-314�������� Cu-7-315

Li-7-215��������� Li-7-216��������� Cu-7-363�������� Cu-7-364

Li-7-269��������� Li-7-270��������� Cu-7-382�������� Cu-7-383

Li-7-293��������� Li-7-294��������� Cu-7-393�������� Cu-7-394

Li-7-296��������� Li-7-297��������� Cu-7-400�������� Cu-7-401

Li-7-314��������� Li-7-315��������� Cu-7-440�������� Cu-7-441

Li-7-325��������� Li-7-326��������� Cu-7-451�������� Cu-7-452

Li-7-357��������� Li-7-358��������� Cu-7-459�������� Cu-7-460

Li-7-377��������� Li-7-378��������� Cu-7-493�������� Cu-7-494

Li-7-439��������� La-7-1 ����������� Cu-7-513�������� Cu-7-514

La-7-9 ����������� La-7-10���������� Cu-7-516�������� Cu-7-517

La-7-19���������� La-7-20���������� Cu-7-538�������� Cu-7-539

La-7-44���������� La-7-45���������� Cu-7-557�������� Cu-7-558 [1969 c.601 �9]

����� 390.770 Vegetation line described. Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon State Plane Coordinate System of 1927, as follows:

����� Beginning near the south jetty of the Columbia River in section 35 of township 9 north, range 11 west of the Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon State Plane Coordinate System of 1927, north zone, located at y-coordinate 951,840 and x-coordinate 1,112,374, hereby designated point number Cl-7-1; thence from point number Cl-7-1 southerly along the Pacific Coast by a series of straight lines connecting the following designated, numbered and described points in consecutive order to the Oregon-California boundary line near the section line between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California, at a point on the Oregon State Plane Coordinate System of 1927, south zone, located at y-coordinate 143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634.

����� Oregon State Plane Coordinate

����� System of 1927, north zone

Point

Number���������� y-coordinate��� x-coordinate

Cl-7-1� ����������� 951,840���������� 1,112,374

Cl-7-2� ����������� 951,448���������� 1,112,500

Cl-7-3� ����������� 951,011���������� 1,112,297

Cl-7-4� ����������� 950,883���������� 1,112,300

Cl-7-5� ����������� 950,172���������� 1,112,573

Cl-7-6� ����������� 947,537���������� 1,113,734

����� Description of Location of Point Number Cl-7-6: A point near the north boundary of Fort Stevens State Park located in section 1 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-7� 938,451���������� 1,117,616

����� Description of Location of Point Number Cl-7-7: A point near the south boundary of Fort Stevens State Park located in section 12 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-8� ����������� 938,232���������� 1,117,707

Cl-7-9� ����������� 936,446���������� 1,118,379

Cl-7-10����������� 934,923���������� 1,118,944

����� Description of Location of Point Number Cl-7-10: A point near the north boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-11����������� 934,462���������� 1,119,114

����� Description of Location of Point Number Cl-7-11: A point near the south boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-12����������� 928,335���������� 1,121,309

Cl-7-13����������� 924,266���������� 1,122,688

����� Description of Location of Point Number Cl-7-13: A point near the north boundary of Camp Rilea located in section 30 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14����������� 907,691���������� 1,127,287

����� Description of Location of Point Number Cl-7-14: A point near the south boundary of Camp Rilea near the section line between sections 8 and 9 of township 7 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14A�������� 907,381���������� 1,127,433

Cl-7-14B�������� 907,016���������� 1,127,370

Cl-7-14C�������� 906,835���������� 1,127,526

Cl-7-15����������� 905,439���������� 1,127,761

Cl-7-16����������� 904,776���������� 1,127,962

Cl-7-17����������� 903,245���������� 1,128,184

Cl-7-18����������� 902,731���������� 1,128,287

Cl-7-19����������� 901,368���������� 1,128,474

Cl-7-20����������� 898,590���������� 1,128,920

Cl-7-21����������� 896,168���������� 1,129,206

Cl-7-22����������� 890,480���������� 1,129,617

Cl-7-23����������� 887,910���������� 1,129,729

Cl-7-24����������� 886,521���������� 1,129,795

Cl-7-25����������� 884,198���������� 1,129,862

Cl-7-26����������� 881,377���������� 1,129,860

Cl-7-26A�������� 880,815���������� 1,129,949

Cl-7-27����������� 880,455���������� 1,129,849

Cl-7-28����������� 875,597���������� 1,129,783

Cl-7-29����������� 875,155���������� 1,129,814

Cl-7-30����������� 874,962���������� 1,129,941

Cl-7-31����������� 874,833���������� 1,130,075

Cl-7-32����������� 874,742���������� 1,130,275

Cl-7-33����������� 871,379���������� 1,129,723

Cl-7-34����������� 870,596���������� 1,129,609

Cl-7-35����������� 869,710���������� 1,129,493

Cl-7-36����������� 869,355���������� 1,129,382

Cl-7-37����������� 868,555���������� 1,129,147

Cl-7-38����������� 866,858���������� 1,128,737

Cl-7-38A�������� 866,773���������� 1,128,608

Cl-7-39����������� 866,671���������� 1,128,687

Cl-7-39A�������� 865,842���������� 1,128,515

Cl-7-39B�������� 865,648���������� 1,128,349

Cl-7-40����������� 864,302���������� 1,128,029

Cl-7-41����������� 861,388���������� 1,127,089

Cl-7-42����������� 860,891���������� 1,126,818

Cl-7-43����������� 860,700���������� 1,126,612

Cl-7-44����������� 860,343���������� 1,125,571

Cl-7-45����������� 860,321���������� 1,125,395

Cl-7-46����������� 860,345���������� 1,125,062

Cl-7-47����������� 860,402���������� 1,124,721

Cl-7-48����������� 860,470���������� 1,123,656

Cl-7-49����������� 860,541���������� 1,122,956

Cl-7-50����������� 860,092���������� 1,121,701

Cl-7-51����������� 859,879���������� 1,120,816

Cl-7-52����������� 859,663���������� 1,120,509

����� Description of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north boundary of Ecola State Park near the section line between sections 29 and 30 of township 6 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-53����������� 837,531���������� 1,117,635

����� Description of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of Ecola State Park and near the section line between sections 18 and 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-54����������� 836,827���������� 1,117,747

Cl-7-55����������� 836,688���������� 1,117,698

����� Description of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-56����������� 836,403���������� 1,118,094

����� Description of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-57����������� 836,120���������� 1,118,264

Cl-7-58����������� 835,661���������� 1,118,331

Cl-7-59����������� 834,401���������� 1,118,606

Cl-7-60����������� 834,031���������� 1,118,861

Cl-7-61����������� 833,909���������� 1,119,099

Cl-7-61A�������� 834,060���������� 1,119,301

Cl-7-61B�������� 833,170���������� 1,119,289

Cl-7-61C�������� 832,879���������� 1,119,119

Cl-7-62����������� 832,264���������� 1,118,827

Cl-7-63����������� 832,218���������� 1,118,765

Cl-7-64����������� 832,149���������� 1,118,742

Cl-7-65����������� 829,701���������� 1,118,589

Cl-7-66����������� 829,700���������� 1,118,517

Cl-7-67����������� 829,402���������� 1,118,489

Cl-7-68����������� 829,269���������� 1,118,565

Cl-7-69����������� 827,556���������� 1,118,329

Cl-7-70����������� 827,311���������� 1,118,328

Cl-7-71����������� 826,952���������� 1,118,395

Cl-7-72����������� 826,854���������� 1,118,402

Cl-7-73����������� 826,694���������� 1,118,493

Cl-7-73A�������� 826,041���������� 1,118,595

Cl-7-74����������� 825,540���������� 1,118,654

Cl-7-74A�������� 825,033���������� 1,118,704

Cl-7-75����������� 824,406���������� 1,118,749

Cl-7-75A�������� 823,916���������� 1,118,765

Cl-7-76����������� 823,394���������� 1,118,783

����� Description of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-77����������� 823,162���������� 1,118,834

����� Description of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-78����������� 823,122���������� 1,118,777

Cl-7-79����������� 821,713���������� 1,118,737

Cl-7-80����������� 820,798���������� 1,118,662

Cl-7-81����������� 820,616���������� 1,118,628

Cl-7-82����������� 819,990���������� 1,118,570

Cl-7-83����������� 818,487���������� 1,118,346

Cl-7-84����������� 818,253���������� 1,118,281

Cl-7-85����������� 818,178���������� 1,118,235

Cl-7-86����������� 818,148���������� 1,118,247

Cl-7-87����������� 817,898���������� 1,118,169

Cl-7-88����������� 817,684���������� 1,118,011

Cl-7-89����������� 817,465���������� 1,117,948

Cl-7-90����������� 817,171���������� 1,118,071

Cl-7-91����������� 815,636���������� 1,118,331

Cl-7-92����������� 815,260���������� 1,118,392

Cl-7-93����������� 814,848���������� 1,118,435

Cl-7-94����������� 814,409���������� 1,118,513

Cl-7-94A�������� 814,169���������� 1,118,279

Cl-7-95����������� 814,083���������� 1,118,612

Cl-7-96����������� 813,912���������� 1,118,660

Cl-7-97����������� 812,767���������� 1,118,680

Cl-7-98����������� 811,143���������� 1,118,543

Cl-7-99����������� 810,457���������� 1,118,473

Cl-7-100��������� 809,795���������� 1,118,455

Cl-7-101��������� 809,529���������� 1,118,398

Cl-7-102��������� 809,522���������� 1,118,298

Cl-7-103��������� 809,366���������� 1,118,376

Cl-7-104��������� 809,342���������� 1,118,314

Cl-7-105��������� 809,254���������� 1,118,366

Cl-7-106��������� 808,991���������� 1,118,326

Cl-7-107��������� 808,579���������� 1,118,341

Cl-7-108��������� 808,559���������� 1,118,262

Cl-7-109��������� 808,368���������� 1,118,263

Cl-7-110��������� 808,288���������� 1,118,189

Cl-7-111��������� 808,212���������� 1,118,226

Cl-7-112��������� 808,168���������� 1,118,031

Cl-7-112A������ 808,319���������� 1,117,849

Cl-7-112B������ 808,236���������� 1,117,789

Cl-7-112C������ 808,036���������� 1,117,904

Cl-7-112D������ 808,021���������� 1,118,029

Cl-7-113��������� 807,723���������� 1,117,985

Cl-7-114��������� 807,577���������� 1,118,182

Cl-7-114A������ 807,492���������� 1,118,167

Cl-7-114B������ 807,302���������� 1,117,900

Cl-7-114C������ 807,197���������� 1,117,960

Cl-7-114D������ 807,246���������� 1,118,131

Cl-7-115��������� 806,972���������� 1,118,108

����� Description of Location of Point Number Cl-7-115: A point near the north boundary of Hug Point Park located in section 18 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-116��������� 806,841���������� 1,118,094

����� Description of Location of Point Number Cl-7-116: A point near the south boundary of Hug Point Park located near the section line between sections 18 and 19 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-117��������� 806,272���������� 1,118,031

Cl-7-118��������� 806,178���������� 1,117,848

Cl-7-118A������ 806,026���������� 1,117,849

Cl-7-119��������� 805,789���������� 1,118,058

Cl-7-120��������� 805,431���������� 1,117,949

Cl-7-120A������ 805,367���������� 1,117,779

Cl-7-121��������� 805,296���������� 1,117,776

Cl-7-122��������� 805,158���������� 1,117,930

Cl-7-123��������� 805,092���������� 1,117,892

Cl-7-124��������� 802,212���������� 1,117,559

Cl-7-125��������� 802,079���������� 1,117,577

Cl-7-126��������� 801,380���������� 1,117,374

Cl-7-127��������� 801,289���������� 1,117,358

Cl-7-128��������� 801,274���������� 1,117,370

Cl-7-129��������� 799,987���������� 1,117,070

Cl-7-130��������� 798,430���������� 1,116,632

Cl-7-131��������� 797,966���������� 1,116,576

Cl-7-132��������� 797,940���������� 1,116,740

Cl-7-133��������� 797,778���������� 1,116,650

Cl-7-134��������� 797,699���������� 1,116,278

����� Description of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near the section line between section 25 of township 4 north, range 11 west of the Willamette Meridian and section 30 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-135��������� 795,909���������� 1,116,145

����� Description of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near the section corner common to sections 25 and 36 of township 4 north, range 11 west of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-136��������� 794,385���������� 1,115,979

Cl-7-137��������� 793,087���������� 1,115,939

Cl-7-138��������� 792,118���������� 1,115,833

Cl-7-139��������� 790,613���������� 1,115,650

����� Description of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line.

Ti-7-1� ����������� 790,200���������� 1,115,606

Ti-7-2� ����������� 789,633���������� 1,115,579

Ti-7-3� ����������� 789,412���������� 1,115,471

����� Description of Location of Point Number Ti-7-3: A point at the south end of Cove Beach at the north end of the headlands on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4� 788,172���������� 1,114,325

����� Description of Location of Point Number Ti-7-4: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4A���������� 787,945���������� 1,114,326

Ti-7-5� ����������� 787,735���������� 1,114,247

Ti-7-6� ����������� 787,429���������� 1,113,987

����� Description of Location of Point Number Ti-7-6: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-7� 774,737���������� 1,118,436

����� Description of Location of Point Number Ti-7-7: A point near the south boundary of Oswald West State Park located near the section line between sections 18 and 19 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-7A���������� 774,503���������� 1,118,717

Ti-7-8� ����������� 774,092���������� 1,119,050

Ti-7-8A���������� 773,444���������� 1,119,807

Ti-7-9� ����������� 773,224���������� 1,120,065

Ti-7-10����������� 772,706���������� 1,120,476

Ti-7-11����������� 771,558���������� 1,121,062

Ti-7-12����������� 770,506���������� 1,121,228

Ti-7-13����������� 769,862���������� 1,121,397

Ti-7-14����������� 766,603���������� 1,121,776

Ti-7-15����������� 764,859���������� 1,121,874

Ti-7-16����������� 763,268���������� 1,121,881

Ti-7-17����������� 762,624���������� 1,121,940

Ti-7-18����������� 761,335���������� 1,121,889

����� Description of Location of Point Number Ti-7-18: A point near the north boundary of Nehalem Bay Park located in section 32 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19����������� 745,172���������� 1,122,047

����� Description of Location of Point Number Ti-7-19: A point near the south boundary of Nehalem Bay Park near the south end of Nehalem Bay sand spit located in section 17 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19A�������� 743,930���������� 1,122,166

Ti-7-20����������� 743,294���������� 1,121,234

Ti-7-21����������� 742,843���������� 1,120,931

Ti-7-22����������� 742,511���������� 1,120,795

Ti-7-23����������� 737,706���������� 1,120,158

Ti-7-24����������� 737,364���������� 1,120,200

Ti-7-25����������� 737,006���������� 1,120,377

Ti-7-26����������� 736,659���������� 1,120,284

Ti-7-27����������� 736,605���������� 1,120,194

Ti-7-28����������� 736,195���������� 1,119,992

Ti-7-29����������� 735,826���������� 1,119,914

Ti-7-30����������� 732,728���������� 1,119,396

Ti-7-31����������� 730,623���������� 1,119,099

Ti-7-32����������� 729,193���������� 1,118,966

Ti-7-32A�������� 728,795���������� 1,119,058

Ti-7-33����������� 728,495���������� 1,119,026

����� Description of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-34����������� 728,315���������� 1,118,986

����� Description of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-35����������� 728,102���������� 1,118,837

Ti-7-36����������� 727,685���������� 1,118,765

Ti-7-37����������� 727,585���������� 1,118,689

Ti-7-38����������� 726,959���������� 1,118,586

Ti-7-39����������� 726,532���������� 1,118,711

Ti-7-40����������� 725,838���������� 1,118,610

Ti-7-41����������� 725,699���������� 1,118,588

Ti-7-42����������� 725,611���������� 1,118,578

Ti-7-43����������� 725,148���������� 1,118,201

Ti-7-44����������� 724,087���������� 1,117,923

Ti-7-45����������� 723,843���������� 1,117,852

Ti-7-46����������� 723,687���������� 1,117,804

Ti-7-47����������� 723,393���������� 1,117,689

Ti-7-48����������� 722,609���������� 1,117,479

Ti-7-49����������� 721,882���������� 1,117,853

Ti-7-50����������� 721,363���������� 1,117,492

Ti-7-51����������� 720,771���������� 1,117,726

Ti-7-51A�������� 720,313���������� 1,117,712

Ti-7-52����������� 719,839���������� 1,117,130

Ti-7-53����������� 717,383���������� 1,116,446

Ti-7-54����������� 716,779���������� 1,116,324

Ti-7-55����������� 715,094���������� 1,115,787

Ti-7-56����������� 714,694���������� 1,115,710

Ti-7-57����������� 713,732���������� 1,115,426

Ti-7-58����������� 713,010���������� 1,115,320

Ti-7-59����������� 706,624���������� 1,117,487

Ti-7-60����������� 706,305���������� 1,117,368

Ti-7-61����������� 705,591���������� 1,117,212

Ti-7-62����������� 702,813���������� 1,116,623

Ti-7-63����������� 701,988���������� 1,116,474

Ti-7-64����������� 700,758���������� 1,116,213

Ti-7-65����������� 700,641���������� 1,116,216

Ti-7-66����������� 698,359���������� 1,115,831

Ti-7-67����������� 698,018���������� 1,115,766

Ti-7-68����������� 697,730���������� 1,115,742

Ti-7-69����������� 695,285���������� 1,115,488

Ti-7-70����������� 694,014���������� 1,115,269

Ti-7-71����������� 693,995���������� 1,115,417

Ti-7-72����������� 693,046���������� 1,115,096

Ti-7-73����������� 691,876���������� 1,114,912

Ti-7-74����������� 691,096���������� 1,114,625

Ti-7-75����������� 689,408���������� 1,114,216

Ti-7-76����������� 689,446���������� 1,114,088

Ti-7-77����������� 689,181���������� 1,113,946

Ti-7-78����������� 688,875���������� 1,113,877

Ti-7-78A�������� 688,251���������� 1,113,654

Ti-7-78B��������� 688,240���������� 1,113,576

Ti-7-79����������� 688,088���������� 1,113,584

Ti-7-80����������� 688,103���������� 1,113,499

Ti-7-81����������� 686,504���������� 1,112,939

Ti-7-82����������� 686,060���������� 1,112,666

Ti-7-83����������� 685,568���������� 1,112,260

����� Description of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of Cape Meares located in section 7 of township 1 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-84����������� 679,993���������� 1,110,563

����� Description of Location of Point Number Ti-7-84: A point near the south boundary of Cape Meares Park and near the section line located between sections 13 and 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-85����������� 679,740���������� 1,110,651

Ti-7-86����������� 679,286���������� 1,110,648

Ti-7-87����������� 677,505���������� 1,110,400

Ti-7-88����������� 677,287���������� 1,110,279

����� Description of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-89����������� 676,698���������� 1,110,158

����� Description of Location of Point Number Ti-7-89: A point near the south end of the headlands south of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-90����������� 676,630���������� 1,110,189

Ti-7-91����������� 676,425���������� 1,110,168

Ti-7-92����������� 676,188���������� 1,110,063

Ti-7-93����������� 675,777���������� 1,109,741

Ti-7-94����������� 675,643���������� 1,109,518

����� Description of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-95����������� 675,616���������� 1,109,371

����� Description of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-96����������� 675,441���������� 1,109,359

Ti-7-97����������� 675,010���������� 1,109,250

Ti-7-98����������� 674,787���������� 1,109,383

Ti-7-99����������� 673,979���������� 1,109,562

����� Description of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-100��������� 673,842���������� 1,109,669

����� Description of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-101��������� 673,809���������� 1,109,771

Ti-7-102��������� 673,653���������� 1,109,909

Ti-7-103��������� 673,071���������� 1,110,205

Ti-7-104��������� 672,307���������� 1,110,537

Ti-7-105��������� 671,227���������� 1,110,895

Ti-7-106��������� 670,370���������� 1,111,117

Ti-7-107��������� 670,090���������� 1,111,168

Ti-7-108��������� 669,605���������� 1,111,341

Ti-7-109��������� 668,224���������� 1,111,600

Ti-7-110��������� 667,215���������� 1,112,239

Ti-7-111��������� 666,578���������� 1,112,749

Ti-7-112��������� 666,252���������� 1,112,937

Ti-7-112A������ 665,808���������� 1,113,364

Ti-7-112B������� 665,466���������� 1,113,850

Ti-7-113��������� 662,710���������� 1,113,335

����� Description of Location of Point Number Ti-7-113: A point near the north end of the Netarts Bay sand spit located in section 6 of township 2 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-114��������� 628,256���������� 1,107,235

����� Description of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape Lookout located in section 1 of township 3 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-115��������� 628,048���������� 1,107,599

Ti-7-116��������� 627,769���������� 1,107,736

Ti-7-117��������� 623,918���������� 1,108,889

Ti-7-118��������� 623,459���������� 1,108,997

Ti-7-119��������� 622,032���������� 1,109,287

Ti-7-120��������� 621,511���������� 1,109,345

Ti-7-121��������� 620,938���������� 1,109,441

Ti-7-122��������� 619,547���������� 1,109,539

Ti-7-123��������� 618,468���������� 1,109,563

Ti-7-124��������� 617,144���������� 1,109,557

Ti-7-125��������� 616,033���������� 1,109,533

Ti-7-126��������� 615,652���������� 1,109,506

Ti-7-127��������� 613,316���������� 1,109,441

Ti-7-128��������� 611,375���������� 1,109,312

Ti-7-129��������� 611,076���������� 1,109,287

Ti-7-130��������� 610,497���������� 1,109,309

Ti-7-131��������� 610,236���������� 1,109,255

Ti-7-132��������� 608,446���������� 1,109,185

Ti-7-133��������� 607,963���������� 1,109,235

Ti-7-134��������� 607,726���������� 1,109,270

Ti-7-135��������� 607,570���������� 1,109,326

Ti-7-136��������� 607,363���������� 1,109,441

Ti-7-137��������� 607,271���������� 1,109,574

Ti-7-138��������� 607,215���������� 1,109,756

Ti-7-138A������ 606,590���������� 1,110,203

Ti-7-138B������� 605,488���������� 1,110,094

Ti-7-139��������� 605,446���������� 1,109,729

Ti-7-140��������� 605,357���������� 1,109,499

Ti-7-141��������� 604,728���������� 1,108,965

Ti-7-142��������� 603,187���������� 1,108,572

Ti-7-143��������� 601,827���������� 1,108,353

Ti-7-144��������� 601,528���������� 1,108,275

Ti-7-145��������� 600,384���������� 1,108,160

Ti-7-146��������� 597,511���������� 1,107,747

Ti-7-147��������� 596,001���������� 1,107,589

Ti-7-148��������� 595,439���������� 1,107,538

Ti-7-149��������� 595,111���������� 1,107,567

Ti-7-150��������� 594,576���������� 1,107,360

Ti-7-151��������� 593,266���������� 1,107,033

Ti-7-152��������� 592,923���������� 1,106,907

Ti-7-153��������� 592,375���������� 1,106,812

Ti-7-154��������� 592,043���������� 1,106,723

Ti-7-155��������� 591,495���������� 1,106,642

Ti-7-156��������� 591,069���������� 1,106,555

Ti-7-157��������� 590,917���������� 1,106,452

Ti-7-158��������� 590,692���������� 1,106,577

Ti-7-159��������� 589,950���������� 1,106,387

Ti-7-160��������� 589,555���������� 1,106,357

Ti-7-161��������� 589,508���������� 1,106,294

Ti-7-162��������� 588,511���������� 1,106,271

Ti-7-163��������� 588,166���������� 1,106,184

Ti-7-164��������� 587,443���������� 1,105,946

Ti-7-165��������� 586,940���������� 1,105,880

Ti-7-166��������� 586,541���������� 1,105,690

Ti-7-167��������� 586,307���������� 1,105,425

Ti-7-168��������� 586,275���������� 1,105,303

����� Description of Location of Point Number Ti-7-168: A point near the north end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-169��������� 584,879���������� 1,105,024

����� Description of Location of Point Number Ti-7-169: A point near the south end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-170��������� 584,943���������� 1,105,176

Ti-7-171��������� 584,920���������� 1,105,306

Ti-7-172��������� 584,785���������� 1,105,489

Ti-7-173��������� 584,486���������� 1,105,725

Ti-7-174��������� 584,067���������� 1,105,949

Ti-7-175��������� 583,794���������� 1,106,060

Ti-7-176��������� 582,447���������� 1,106,291

Ti-7-177��������� 581,986���������� 1,106,320

Ti-7-178��������� 580,712���������� 1,106,517

Ti-7-179��������� 579,529���������� 1,106,630

Ti-7-180��������� 578,628���������� 1,106,654

Ti-7-181��������� 577,896���������� 1,106,615

Ti-7-182��������� 577,310���������� 1,106,645

Ti-7-183��������� 576,545���������� 1,106,588

����� Description of Location of Point Number Ti-7-183: A point near the north boundary of the Nestucca Spit Park located in section 25 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-184��������� 563,870���������� 1,105,586

����� Description of Location of Point Number Ti-7-184: A point near the south end of the Nestucca Bay sand spit located in section 1 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-185��������� 563,121���������� 1,105,422

Ti-7-186��������� 562,775���������� 1,105,342

Ti-7-187��������� 562,449���������� 1,104,966

Ti-7-188��������� 562,278���������� 1,104,854

Ti-7-189��������� 561,494���������� 1,104,672

Ti-7-190��������� 561,308���������� 1,104,578

Ti-7-191��������� 560,941���������� 1,104,548

Ti-7-192��������� 560,790���������� 1,104,497

Ti-7-193��������� 560,754���������� 1,104,397

Ti-7-194��������� 560,593���������� 1,104,376

Ti-7-195��������� 560,372���������� 1,104,290

Ti-7-196��������� 560,241���������� 1,104,283

Ti-7-197��������� 560,241���������� 1,104,363

Ti-7-198��������� 560,165���������� 1,104,416

Ti-7-199��������� 559,565���������� 1,104,234

Ti-7-200��������� 558,914���������� 1,104,283

Ti-7-201��������� 558,132���������� 1,104,133

Ti-7-202��������� 557,720���������� 1,104,136

Ti-7-203��������� 557,416���������� 1,104,200

Ti-7-204��������� 557,271���������� 1,104,163

Ti-7-205��������� 557,145���������� 1,104,234

Ti-7-206��������� 556,767���������� 1,104,137

Ti-7-207��������� 556,598���������� 1,103,953

Ti-7-208��������� 556,495���������� 1,103,660

Ti-7-209��������� 556,206���������� 1,103,587

Ti-7-210��������� 555,796���������� 1,103,647

Ti-7-210A������ 555,558���������� 1,103,839

Ti-7-210B������� 555,399���������� 1,103,485

Ti-7-211��������� 555,268���������� 1,103,430

Ti-7-212��������� 555,080���������� 1,103,479

Ti-7-213��������� 554,132���������� 1,103,160

Ti-7-214��������� 553,822���������� 1,103,024

Ti-7-215��������� 552,907���������� 1,103,002

Ti-7-216��������� 552,509���������� 1,102,822

Ti-7-217��������� 552,330���������� 1,102,906

Ti-7-218��������� 552,144���������� 1,102,790

Ti-7-219��������� 551,268���������� 1,102,583

Ti-7-220��������� 550,789���������� 1,102,443

Ti-7-221��������� 550,365���������� 1,102,446

Ti-7-222��������� 550,132���������� 1,102,342

Ti-7-223��������� 549,616���������� 1,102,223

Ti-7-224��������� 549,021���������� 1,102,086

Ti-7-225��������� 548,515���������� 1,102,174

Ti-7-226��������� 548,045���������� 1,101,928

Ti-7-227��������� 547,650���������� 1,101,841

Ti-7-228��������� 547,137���������� 1,101,762

Ti-7-229��������� 546,721���������� 1,101,592

Ti-7-230��������� 546,598���������� 1,101,590

Ti-7-231��������� 546,179���������� 1,101,457

Ti-7-232��������� 545,927���������� 1,101,496

Ti-7-233��������� 545,736���������� 1,101,282

Ti-7-234��������� 545,227���������� 1,101,182

Ti-7-234A������ 544,521���������� 1,100,882

Ti-7-235��������� 544,030���������� 1,100,781

Ti-7-236��������� 543,486���������� 1,100,741

Ti-7-237��������� 543,049���������� 1,100,540

Ti-7-238��������� 542,679���������� 1,100,713

Ti-7-239��������� 542,576���������� 1,100,809

Ti-7-239A������ 542,571���������� 1,100,910

Ti-7-239B������� 542,633���������� 1,100,971

Ti-7-239C������� 542,222���������� 1,101,135

Ti-7-240��������� 541,526���������� 1,100,550

Ti-7-241��������� 541,447���������� 1,100,496

Ti-7-242��������� 541,422���������� 1,100,430

Ti-7-243��������� 540,945���������� 1,100,110

Ti-7-244��������� 540,457���������� 1,100,012

Ti-7-245��������� 540,099���������� 1,099,832

Ti-7-246��������� 539,845���������� 1,099,625

Ti-7-247��������� 539,847���������� 1,099,586

Ti-7-248��������� 539,744���������� 1,099,482

Ti-7-249��������� 539,703���������� 1,099,466

����� Description of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade Head located in section 35 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250��������� 523,326���������� 1,094,861

����� Description of Location of Point Number Ti-7-250: A point near the east end of the headlands on the south side of Cascade Head located in section 14 of township 6 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250A������ 522,807���������� 1,095,300

Ti-7-250B������� 522,247���������� 1,095,417

Ti-7-251��������� 522,189���������� 1,095,089

Ti-7-252��������� 521,960���������� 1,094,886

Li-7-1� 521,877���������� 1,094,819

����� Description of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line.

Li-7-2� ����������� 519,691���������� 1,094,773

Li-7-2A���������� 519,502���������� 1,094,647

����� Description of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-3� ����������� 519,537���������� 1,094,519

����� Description of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-4� ����������� 519,263���������� 1,094,410

Li-7-5� ����������� 519,133���������� 1,094,540

Li-7-6� ����������� 518,997���������� 1,094,408

Li-7-7� ����������� 518,796���������� 1,094,379

Li-7-8� ����������� 518,587���������� 1,094,221

Li-7-9� ����������� 518,396���������� 1,093,880

Li-7-10����������� 518,408���������� 1,093,725

����� Description of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-11����������� 518,136���������� 1,093,626

����� Description of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-12����������� 518,059���������� 1,093,671

Li-7-13����������� 517,822���������� 1,093,636

Li-7-14����������� 517,635���������� 1,093,559

Li-7-15����������� 517,461���������� 1,093,343

Li-7-16����������� 517,415���������� 1,093,152

Li-7-17����������� 517,434���������� 1,092,979

����� Description of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of Road�s End located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-18����������� 515,292���������� 1,092,596

����� Description of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of Road�s End located in section 27 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-19����������� 515,261���������� 1,092,731

Li-7-20����������� 515,117���������� 1,092,921

Li-7-21����������� 515,021���������� 1,093,010

Li-7-22����������� 514,830���������� 1,093,127

Li-7-23����������� 514,602���������� 1,093,209

Li-7-24����������� 514,370���������� 1,093,270

Li-7-25����������� 514,191���������� 1,093,279

Li-7-26����������� 513,830���������� 1,093,339

Li-7-27����������� 513,491���������� 1,093,357

Li-7-28����������� 512,314���������� 1,093,322

Li-7-29����������� 512,224���������� 1,093,336

Li-7-30����������� 510,514���������� 1,093,245

Li-7-31����������� 509,812���������� 1,093,179

Li-7-32����������� 509,682���������� 1,093,143

Li-7-33����������� 509,435���������� 1,093,101

Li-7-34����������� 509,375���������� 1,093,122

Li-7-35����������� 509,069���������� 1,093,034

Li-7-36����������� 508,017���������� 1,092,828

Li-7-37����������� 506,696���������� 1,092,542

Li-7-38����������� 504,869���������� 1,092,195

Li-7-39����������� 504,734���������� 1,092,146

Li-7-40����������� 504,400���������� 1,092,088

Li-7-41����������� 504,271���������� 1,092,007

Li-7-42����������� 504,166���������� 1,091,988

Li-7-43����������� 504,008���������� 1,092,005

Li-7-44����������� 503,674���������� 1,091,912

Li-7-45����������� 503,312���������� 1,091,872

Li-7-46����������� 503,204���������� 1,091,869

Li-7-47����������� 502,847���������� 1,091,774

Li-7-48����������� 502,714���������� 1,091,763

Li-7-49����������� 502,386���������� 1,091,756

Li-7-50����������� 502,225���������� 1,091,693

Li-7-51����������� 502,143���������� 1,091,693

Li-7-52����������� 502,088���������� 1,091,657

Li-7-53����������� 501,988���������� 1,091,631

Li-7-54����������� 501,944���������� 1,091,624

Li-7-55����������� 501,722���������� 1,091,592

Li-7-56����������� 501,588���������� 1,091,528

Li-7-57����������� 501,497���������� 1,091,503

Li-7-58����������� 501,390���������� 1,091,497

Li-7-59����������� 501,365���������� 1,091,486

Li-7-60����������� 501,321���������� 1,091,474

Li-7-61����������� 501,298���������� 1,091,463

Li-7-62����������� 500,850���������� 1,091,391

Li-7-63����������� 500,718���������� 1,091,411

Li-7-64����������� 499,879���������� 1,091,274

Li-7-65����������� 499,385���������� 1,091,157

Li-7-66����������� 498,670���������� 1,091,061

Li-7-67����������� 497,823���������� 1,090,866

Li-7-68����������� 497,233���������� 1,090,690

Li-7-69����������� 496,422���������� 1,090,594

Li-7-70����������� 495,945���������� 1,090,488

Li-7-71����������� 494,473���������� 1,090,275

Li-7-72����������� 494,420���������� 1,090,363

Li-7-73����������� 494,284���������� 1,090,309

����� Description of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-74����������� 493,843���������� 1,090,125

����� Description of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-75����������� 493,814���������� 1,090,060

Li-7-76����������� 492,402���������� 1,089,616

Li-7-77����������� 491,260���������� 1,089,342

Li-7-78����������� 491,166���������� 1,089,322

Li-7-79����������� 490,870���������� 1,089,247

Li-7-80����������� 489,928���������� 1,089,005

Li-7-81����������� 489,620���������� 1,088,961

Li-7-82����������� 488,669���������� 1,088,949

Li-7-82A�������� 488,637���������� 1,088,889

Li-7-83����������� 488,075���������� 1,088,663

Li-7-84����������� 487,626���������� 1,088,428

Li-7-85����������� 486,116���������� 1,088,374

Li-7-86����������� 485,659���������� 1,088,303

Li-7-87����������� 485,091���������� 1,088,202

Li-7-88����������� 484,395���������� 1,088,116

Li-7-89����������� 484,358���������� 1,088,149

Li-7-90����������� 484,251���������� 1,088,115

Li-7-91����������� 483,284���������� 1,087,949

Li-7-92����������� 482,954���������� 1,087,979

Li-7-93����������� 482,712���������� 1,087,963

Li-7-94����������� 482,628���������� 1,087,904

Li-7-95����������� 482,564���������� 1,088,018

Li-7-96����������� 482,139���������� 1,088,011

Li-7-97����������� 480,591���������� 1,087,794

Li-7-98����������� 480,279���������� 1,087,846

Li-7-98A�������� 480,081���������� 1,087,939

Li-7-98B�������� 479,857���������� 1,088,114

Li-7-98C�������� 479,781���������� 1,088,257

Li-7-98D�������� 479,611���������� 1,088,768

Li-7-98E��������� 478,500���������� 1,088,109

Li-7-99����������� 478,397���������� 1,087,758

Li-7-100��������� 478,143���������� 1,087,509

Li-7-101��������� 476,617���������� 1,086,979

Li-7-102��������� 475,960���������� 1,086,770

Li-7-103��������� 474,682���������� 1,086,574

Li-7-104��������� 472,997���������� 1,086,230

Li-7-104A������ 471,682���������� 1,085,904

Li-7-105��������� 471,222���������� 1,085,803

Li-7-106��������� 469,714���������� 1,085,429

Li-7-107��������� 468,683���������� 1,085,187

Li-7-108��������� 467,756���������� 1,084,910

Li-7-108A������ 466,950���������� 1,084,728

Li-7-109��������� 466,375���������� 1,084,556

Li-7-110��������� 465,880���������� 1,084,494

Li-7-111��������� 464,770���������� 1,084,177

Li-7-112��������� 463,989���������� 1,084,045

Li-7-113��������� 463,900���������� 1,084,075

Li-7-114��������� 463,616���������� 1,083,926

Li-7-115��������� 463,441���������� 1,083,928

Li-7-116��������� 462,754���������� 1,083,621

Li-7-117��������� 461,686���������� 1,083,458

Li-7-118��������� 461,447���������� 1,083,355

����� Description of Location of Point Number Li-7-118: A point near the north boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-119��������� 460,819���������� 1,083,224

����� Description of Location of Point Number Li-7-119: A point near the south boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-120��������� 460,676���������� 1,083,165

Li-7-121��������� 460,619���������� 1,083,189

Li-7-122��������� 460,479���������� 1,083,124

Li-7-123��������� 459,842���������� 1,083,160

Li-7-124��������� 459,810���������� 1,083,056

Li-7-125��������� 459,526���������� 1,082,851

Li-7-126��������� 458,278���������� 1,082,499

Li-7-127��������� 457,957���������� 1,082,503

Li-7-128��������� 457,823���������� 1,082,373

Li-7-129��������� 457,388���������� 1,082,257

Li-7-130��������� 457,345���������� 1,082,264

Li-7-131��������� 456,943���������� 1,082,145

Li-7-132��������� 456,756���������� 1,082,195

Li-7-133��������� 456,730���������� 1,082,131

Li-7-134��������� 456,340���������� 1,081,936

Li-7-135��������� 455,440���������� 1,081,686

Li-7-136��������� 455,234���������� 1,081,688

Li-7-137��������� 455,151���������� 1,081,688

Li-7-138��������� 454,875���������� 1,081,542

Li-7-139��������� 454,469���������� 1,081,462

Li-7-140��������� 454,339���������� 1,081,439

Li-7-141��������� 454,258���������� 1,081,423

Li-7-142��������� 453,718���������� 1,081,178

Li-7-143��������� 453,426���������� 1,081,102

Li-7-144��������� 452,947���������� 1,081,025

Li-7-145��������� 452,852���������� 1,080,925

Li-7-146��������� 451,855���������� 1,080,644

Li-7-147��������� 451,729���������� 1,080,569

Li-7-148��������� 451,344���������� 1,080,438

Li-7-149��������� 451,162���������� 1,080,331

Li-7-150��������� 451,005���������� 1,080,288

����� Description of Location of Point Number Li-7-150: A point near the north boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-151��������� 450,586���������� 1,080,122

����� Description of Location of Point Number Li-7-151: A point near the south boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-152��������� 450,196���������� 1,079,877

Li-7-153��������� 450,126���������� 1,079,731

Li-7-154��������� 450,167���������� 1,079,513

����� Description of Location of Point Number Li-7-154: A point near the north end of the headlands on the north side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-155��������� 449,614���������� 1,079,632

����� Description of Location of Point Number Li-7-155: A point near the south end of the headlands on the south side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-156��������� 449,234���������� 1,079,367

Li-7-157��������� 448,636���������� 1,079,264

Li-7-158��������� 448,598���������� 1,079,333

Li-7-159��������� 448,314���������� 1,079,308

Li-7-160��������� 448,214���������� 1,079,378

Li-7-161��������� 448,095���������� 1,079,385

����� Description of Location of Point Number Li-7-161: A point near the north boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-162��������� 447,462���������� 1,079,064

����� Description of Location of Point Number Li-7-162: A point near the south boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-163��������� 447,359���������� 1,078,881

Li-7-164��������� 447,289���������� 1,078,862

Li-7-165��������� 447,192���������� 1,078,622

����� Description of Location of Point Number Li-7-165: A point near the north end of the headlands on the north side of Boiler Bay located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166��������� 430,584���������� 1,073,460

����� Description of Location of Point Number Li-7-166: A point near the northwest end of the headlands on the north side of Whale Cove located in section 18 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166A������ 430,612���������� 1,073,565

Li-7-166B������ 430,470���������� 1,073,776

Li-7-166C������ 430,518���������� 1,073,943

Li-7-167��������� 430,432���������� 1,074,035

Li-7-167A������ 430,274���������� 1,074,000

����� Description of Location of Point Number Li-7-167A: A point near the southeast end of a short sand beach on the northeast side of Whale Cove located in section 17 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-168��������� 416,791���������� 1,074,778

����� Description of Location of Point Number Li-7-168: A point near the south end of the headlands south of Otter Crest located in section 29 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-169��������� 416,481���������� 1,074,645

Li-7-170��������� 416,355���������� 1,074,507

����� Description of Location of Point Number Li-7-170: A point near the north end of the headlands north of Devil�s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-171��������� 415,895���������� 1,074,529

����� Description of Location of Point Number Li-7-171: A point near the south end of the headlands north of Devil�s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

ORS 455.044

455.044 and 455.046. [Formerly 455.846]

����� Note: See note under 455.044.

����� 455.050 Building permits; content. All building permits issued in this state shall contain the following information:

����� (1) The name and address of the owner of the building or structure to be constructed or altered under the permit;

����� (2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and

����� (3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887]

����� Note: 455.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 455.055 Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality�s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 �2]

����� Note: 455.055 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences.

����� (2) This section does not apply to:

����� (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or

����� (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law.

����� (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 �2]

����� Note: 455.058 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method.

����� (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state.

����� (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe.

����� (4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]

����� 455.062 Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications:

����� (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to

ORS 455.117

455.117, subsection (1) of this section applies to contractor or business licenses by the Electrical and Elevator Board, the Board of Boiler Rules or the State Plumbing Board.

����� (3) The director shall establish rules to implement the system described in this section. The rules must establish the combinations of licenses for which a simultaneous issuance or renewal is offered, the term and expiration date for the combination, the appropriate fees for administering the system, the criteria for issuance and renewal and the other standards and criteria deemed by the Department of Consumer and Business Services to be necessary to administer and enforce the system. [2003 c.136 �2; 2005 c.758 �18]

����� Note: 455.122 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 455.125 Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

����� (2) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority of a person to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the person:

����� (a) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, or with any rule adopted under those statutes or under ORS 455.117; or

����� (b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098.

����� (3) For purposes of ORS 701.106, a compliance failure described in subsection (2)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority of a person to perform work or conduct business may be treated as a failure to be in conformance with this chapter. [2003 c.361 �2; 2005 c.758 �19; 2007 c.306 �1; 2013 c.324 �7]

����� Note: 455.125 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 455.127 Disqualification from obtaining license, registration, certificate or certification. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

����� (2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

����� (a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

����� (b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

����� (3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification. [2005 c.416 �2; 2005 c.758 �56h]

����� Note: 455.127 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application. (1) As used in this section, �relative� means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law.

����� (2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

����� (a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

����� (b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

����� (c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

����� (d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

����� (e) Has advertised or otherwise held out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certificate or registration.

����� (f) As a partner, officer, member or employee of a business, has advertised or held out that the business is a licensed, certified or registered specialty code contractor if the business does not possess the appropriate specialty code contractor license, certificate or registration.

����� (g) Has engaged in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business.

����� (h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

����� (i) Has acted in a manner creating a serious danger to the public health or safety.

����� (j) Has performed work or operated equipment within the scope of a specialty code license, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety.

����� (k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

����� (L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

����� (m) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to

ORS 455.800

455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 �3]

����� Note: See note under 455.800.

����� 455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

����� (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

����� (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

����� (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

����� (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

����� (b) The building official determines that:

����� (A) The work is not of a highly technical nature; and

����� (B) There is no unreasonable potential risk to safety of the structure.

����� (5) A building official may not waive government performance of plan review or required inspections for:

����� (a) Special design applications that are complex and highly technical engineered systems; or

����� (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

����� (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

����� (a) Drywall;

����� (b) Footings and setbacks;

����� (c) Foundation walls, Ufer grounding rods and rebar;

����� (d) Insulation;

����� (e) Masonry fireplace pre-cover;

����� (f) Masonry rebar;

����� (g) Gutters, downspouts and foundation drains;

����� (h) Roof sheathing nailing;

����� (i) Suspended ceilings;

����� (j) Underfloor structural; and

����� (k) Wall sheathing nailing. [2001 c.406 �4; 2003 c.675 �40]

����� Note: See note under 455.800.

����� 455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

����� (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

����� (3) A building official for a government that has a master builder program:

����� (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

����� (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

����� (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

����� (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

����� (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

����� (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government�s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 �5]

����� Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

����� Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

����� Sec. 1. (1) The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

����� (a) General requirements for successfully completing the pilot program.

����� (b) Requirements for initial certification and recertification.

����� (c) Content of the pilot program. At minimum, the content of the pilot program must include:

����� (A) A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

����� (B) Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

����� (d) Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

����� (A) Demonstrate substantial expertise in visual lumber grading through:

����� (i) A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

����� (ii) Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

����� (iii) Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

����� (B) Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

����� (2) The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

����� (3) An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 �1]

����� Sec. 2. (1) As used in this section:

����� (a) �Self-graded lumber� means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

����� (b) �Third-party graded lumber� means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

����� (2) The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

����� (3) The process established under subsection (2) of this section:

����� (a) May not establish, create or accept any new grade or design value as part of the state�s building code.

����� (b) Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

����� (c) Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

����� (d) Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

����� (4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

����� (b) This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 �2]

����� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 �3]

����� 455.840 [Formerly 705.700; repealed by 2003 c.675 �49]

����� 455.842 [Formerly 705.705; 2003 c.675 �41; 2005 c.833 �5; renumbered 455.044 in 2005]

����� 455.844 [Formerly 705.710; 2003 c.675 �42; 2005 c.833 ��6,10; renumbered 455.046 in 2005]

����� 455.846 [Formerly 705.715; 2003 c.675 �43; renumbered 455.048 in 2005]

����� 455.848 [Formerly 705.720; repealed by 2003 c.675 �49]

PENALTIES

����� 455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

����� (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

����� (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS

ORS 455.897

455.897���� Criminal penalties

ADMINISTRATION

(Generally)

����� 455.010 Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:

����� (1)(a) �Advisory board� means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

����� (A) The Building Codes Structures Board established under ORS 455.132;

����� (B) The Electrical and Elevator Board established under ORS 455.138;

����� (C) The State Plumbing Board established under ORS 693.115;

����� (D) The Board of Boiler Rules established under ORS 480.535;

����� (E) The Residential and Manufactured Structures Board established under ORS 455.135;

����� (F) The Mechanical Board established under ORS 455.140; or

����� (G) The Construction Industry Energy Board established under ORS 455.492.

����� (b) �Appropriate advisory board� means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

����� (2) �Department� means the Department of Consumer and Business Services.

����� (3) �Director� means the Director of the Department of Consumer and Business Services.

����� (4) �Low-Rise Residential Dwelling Code� means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging.

����� (5) �Municipality� means a city, county or other unit of local government otherwise authorized by law to administer a building code.

����� (6) �Prefabricated structure�:

����� (a) Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

����� (b) Does not mean a manufactured dwelling.

����� (7) �Specialty code�:

����� (a) Means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2),

ORS 466.010

466.010 and 468B.015 and ORS chapter 274, it is necessary to establish precautionary measures.

����� (2) Only individuals who have experience and can demonstrate knowledge of currents, tides, soundings, bearings and distances of the shoals, rocks, bars, points of landings, lights and fog signals should direct a large vessel on certain waters of this state. [1991 c.234 �2; 1997 c.16 �2]

����� 776.040 [Repealed by 1957 c.448 �27]

����� 776.045 Deck officer requirements. (1) All vessels required by ORS 776.405 (1) to engage a licensee under this chapter shall, at all times while underway upon any of the pilotage grounds established under ORS 776.025 or 776.115, have at least two licensed deck officers on the navigation bridge of the vessel, one of whom meets the requirements of ORS 776.405 (1).

����� (2) The only duties of the licensed deck officer required under ORS 776.405 (1) shall be to monitor and direct safe navigation of the vessel during transit on the waters of this state. [1991 c.234 �4; 1993 c.796 �2]

����� 776.050 [Repealed by 1957 c.448 �27]

����� 776.060 [Repealed by 1957 c.448 �27]

����� 776.070 [Repealed by 1957 c.448 �27]

����� 776.080 [Repealed by 1957 c.448 �27]

����� 776.090 [Repealed by 1957 c.448 �27]

����� 776.100 [Repealed by 1957 c.448 �27]

OREGON BOARD OF MARITIME PILOTS

����� 776.105 Oregon Board of Maritime Pilots; term; qualifications; appointment; quorum. (1) The Oregon Board of Maritime Pilots is established within the Public Utility Commission of Oregon, and shall consist of nine members appointed by the Governor for terms of four years. The appointments of members of the board are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

����� (2) Three members of the board shall be public members, one of whom shall act as chairperson of the board. Each public member must be a resident of this state. The public members of the board may not:

����� (a) During the preceding five years or during their terms of office, have any interest in the ownership, operation or management of any tugs, cargo or passenger vessels or in the carriage of freight or passengers by vessel;

����� (b) During the preceding five years or during their terms of office, have any interest in any association or organization represented under subsection (4) of this section or principally comprised of persons engaged in commercial pursuits in the maritime industry as described in paragraph (a) of this subsection in any capacity; or

����� (c) Hold or have held a maritime pilot license issued by any state or federal authority.

����� (3) Three members shall be licensees under this chapter. One member shall be a Columbia River bar licensee, one member shall be a Columbia River licensee and one member shall be a Coos Bay or Yaquina Bay licensee. At least one licensee member must be a resident of this state. A licensee member shall:

����� (a) Have been licensed for more than three years under this chapter; and

����� (b) Be actively engaged in piloting.

����� (4) Except as provided in subsection (5) of this section, three members of the board shall, for at least three years immediately preceding their appointment, have been and during their terms of office be engaged in the activities of a person, as defined in ORS 174.100, that operates or represents commercial oceangoing vessels.

����� (5) The Governor may appoint a past or present employee or commissioner of a port to serve on the board in lieu of one of the operators or representatives of a commercial oceangoing vessel under subsection (4) of this section.

����� (6)(a) The majority of members shall constitute a quorum for the transaction of all business if at least one member of each group, as described in subsections (2), (3) and (4) of this section, is present.

����� (b) Notwithstanding paragraph (a) of this subsection, when the board fixes pilotage fees under ORS 776.115 (5) a quorum shall consist of seven members.

����� (c) Notwithstanding paragraph (a) of this subsection, for purposes of ORS 192.610 to 192.705 a quorum shall consist of five members.

����� (7) The commission may appoint a member of the commission, or a designee, as a nonvoting, ex officio member of the board.

����� (8)(a) The commission is responsible for the administrative oversight of the board. The responsibilities of the commission include, but are not limited to:

����� (A) Budgeting;

����� (B) Financial management;

����� (C) Record keeping;

����� (D) Staffing;

����� (E) Purchasing and contracting;

����� (F) Collecting fees; and

����� (G) Compliance with rulemaking procedures set forth in ORS chapter 183.

����� (b) In consultation with the board, the commission shall:

����� (A) Fix the qualifications of and appoint an executive director and an administrative officer for the board; and

����� (B) Subject to the State Personnel Relations Law, fix the compensation of the executive director and the administrative officer. [1957 c.448 �3; 1963 c.580 �93; 1967 c.401 �8; 1969 c.314 �102; 1971 c.753 �41; 1981 c.88 �3; 1987 c.414 �89; 1987 c.775 �4; 1993 c.741 �111; 1993 c.796 �3; 2005 c.508 �1; 2007 c.768 �63; 2013 c.539 �1; 2025 c.312 �1]

����� 776.110 [Repealed by 1957 c.448 �27]

����� 776.115 Powers and duties of board; rules; fees. The Oregon Board of Maritime Pilots shall:

����� (1) Fix the manner of calling and fixing the places of meetings and hold at least one meeting each calendar year.

����� (2) Provide for efficient and competent pilotage service on all pilotage grounds, and regulate and limit the number of licensees and trainees under this chapter, such number of licensees and trainees to be regulated and limited to the number found by the board to be required to render efficient and competent pilotage service. The primary consideration of the board is public safety. If a proposed rule would result in the significant limitation of competition among licensees or pilot organizations that exist in this state on January 1, 1991, the board shall first make a determination that the proposed rule is essential to protect the safety of the public.

����� (3) Establish and fix the boundaries of pilotage grounds not described in ORS 776.025.

����� (4) In accordance with the applicable provisions of ORS chapter 183, establish by rule a licensing system for persons licensed to pilot, for persons licensed as trainees and for pilot organizations who train persons to pilot, including but not limited to provisions prescribing:

����� (a) The form and content of and the times and procedures for submitting an application for license issuance and renewal. The pendency of an investigation shall not affect the renewal process.

����� (b) The term of license of a pilot and the annual license fee, subject to the maximum annual license fee established pursuant to ORS 776.357.

����� (c) The requirements for and the manner of testing competency of license applicants.

����� (d) Those actions or circumstances that constitute failure to achieve or maintain competency or that otherwise constitute a danger to public health and safety and for which the board may refuse to issue or renew a license, may suspend or revoke a license or may reprimand a licensee.

����� (e) Classes of licenses that specify the size of vessels the licensee is authorized to be trained to pilot or to pilot on those river pilotage grounds for which the trainee or pilot is licensed.

����� (5)(a) Fix, at reasonable and just rates, pilotage fees, extra fees for vessels in distress, fees for extraordinary pilotage services, fees for a licensee or trainee being carried to sea unwillingly and reimbursement for the return to station or for the detention of a licensee or trainee, except that pilotage fees shall not be less inbound or outbound on vessels, propelled in whole or in part by their own power, than the following:

����� (A) Between Astoria and Portland or Vancouver, $2.50 per foot draft and 2 cents per net ton;

����� (B) Between Astoria or Knappton and the sea, $3 per foot draft and 2 cents per net ton;

����� (C) Between Yaquina Bay and the sea, $3 per foot draft and 2 cents per ton; and

����� (D) Between Coos Bay and the sea, $2.50 per foot draft and 2 cents per ton.

����� (b) In fixing fees pursuant to paragraph (a) of this subsection, the board shall give due regard to the following factors:

����� (A) The length and net tonnage of the vessels to be piloted.

����� (B) The difficulty and inconvenience of the particular service and the skill required to render it.

����� (C) The supply of and demand for pilotage services.

����� (D) The public interest in maintaining efficient, economical and reliable pilotage service.

����� (E) Other factors relevant to the determination of reasonable and just rates.

����� (6) Conduct or authorize the holding of hearings. In so doing the board or the administrative law judge may issue subpoenas pursuant to ORS 776.123, conduct investigations pursuant to ORS 776.126, administer oaths, take depositions and fix the fees and mileage of witnesses.

����� (7) Adopt any rule or make any order, as set forth in ORS chapter 183, for the effective administration and enforcement of this chapter.

����� (8) Establish rates pursuant to subsection (5) of this section, for a period of not less than two years, that continue in effect until a subsequent hearing process. Rates may include automatic adjustment provisions to reflect changing economic conditions. [1957 c.448 �4; 1981 c.88 �5; 1983 c.313 �5; 1987 c.158 �157; 1987 c.775 �3; 1991 c.234 �8; 1993 c.741 �112; 1993 c.796 �4; 2003 c.75 �110; 2003 c.619 �1; 2007 c.621 �1; 2009 c.280 �4]

����� 776.118 Additional authority of board. In addition to its authority under ORS 776.115, the Oregon Board of Maritime Pilots may:

����� (1) Establish pilotage requirements for all single boiler or single engine and single screw tank vessels carrying oil in pilotage grounds;

����� (2) Review and, if appropriate, reduce deadweight tonnage specifications for pilotage service for vessels carrying oil;

����� (3) Establish regional speed limits, based on escort vehicle limitations, for all tank vessels in inland navigable waters and critical approaches to inland navigable waters; and

����� (4) Establish a program for a near-miss reporting system. [1991 c.651 �21; 1993 c.796 �5]

����� 776.120 [Repealed by 1957 c.448 �27]

����� 776.123 Subpoenas. (1) The Oregon Board of Maritime Pilots may issue subpoenas to compel the attendance of witnesses and the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 776.115, 776.375 or 776.405.

����� (2) If a person fails to comply with a subpoena issued under this section, a judge of the circuit court, on the application of the board, shall compel obedience by instituting proceedings for contempt in the same manner that the court would institute proceedings for contempt when a person fails to comply with a subpoena in a civil action. [2009 c.280 �2]

����� 776.125 [1957 c.448 �5; repealed by 1993 c.796 �23]

����� 776.126 Inspection of premises, ship or facility. (1) When conducting an investigation under ORS

ORS 469.900

469.900.

����� (d) �Electric utility� means a public utility, as defined in ORS 757.005, which produces, transmits, delivers or furnishes electric power and is regulated by the commission under ORS chapter 757.

����� (e) �Energy conservation measure� means a measure primarily designed to improve the efficiency of energy use in a commercial building. �Energy conservation measures� include, but are not limited to, improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps.

����� (2) As used in ORS 469.865 and 469.900 (2), �gas utility� means a public utility, as defined in ORS 757.005, which delivers or furnishes natural gas to customers for heat, light or power.

����� (3) As used in ORS 469.880 to 469.895 and 469.900 (3):

����� (a) �Commercial building� means a public building as defined in ORS 455.560.

����� (b) �Conservation services� has the meaning given in subsection (1) of this section.

����� (c) �Energy conservation measure� has the meaning given in subsection (1) of this section.

����� (d) �Publicly owned utility� means an electric utility owned or operated, in whole or in part, by a municipality, cooperative association or people�s utility district. [1981 c.708 ��1,7,13]

����� Note: 469.860 (1) and (2) and 469.863 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 469.863 Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building.

����� (2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commission�s approval a commercial energy audit program which shall, to the commission�s satisfaction:

����� (a) Make information about energy conservation measures available to any commercial building customer of the gas utility, upon request;

����� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section;

����� (c) Provide to any commercial building customer of the gas utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the recommended energy conservation measure; and

����� (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. [1981 c.708 �8]

����� Note: See note under 469.860.

����� 469.865 Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission�s approval a commercial energy conservation services program which shall, to the commission�s satisfaction:

����� (a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request;

����� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and

����� (c) Provide to any commercial building customer of the electric utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures.

����� (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the electric utility. [1981 c.708 �3]

����� 469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. [1981 c.708 �4]

����� 469.875 Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount. [1981 c.708 �9]

����� 469.878 [1991 c.711 �6; 1993 c.18 �123; 1995 c.746 �18a; 1999 c.623 �8; 1999 c.765 �6; renumbered 469B.171 in 2011]

����� 469.880 Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. [1981 c.708 �14; 1987 c.158 �100; 2003 c.186 �49]

����� 469.885 Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS

ORS 471.037

471.037 and 471.403, mash, wort or wash fit for distillation or for the manufacture of spirituous alcoholic liquors may not be made, fermented or possessed within this state by any person that does not at the time own a distillery license under the Liquor Control Act.

����� (2) A distillery may not be set up or operated in this state for the purpose of manufacturing alcoholic liquor for beverage purposes except by a person duly licensed under the Liquor Control Act to operate a distillery. Any device or process that separates alcoholic spirits from any fermented substance shall be regarded as a distillery. A distillery is set up if the still is in position over a furnace, or is connected with a boiler, so that heat may be applied, although the worm or worm tank is not in position.

����� (3) The finding of any mash, wort, wash or distillery in any house, on any premises or within any enclosure, is prima facie evidence that it was made and fermented by, or set up by, and the property of, the person who is in possession of the house, premises or enclosure. [Amended by 1999 c.351 �73; 2011 c.12 �5]

����� 471.442 Wine compliance with standards. (1) No wine or cider shall be sold or offered for sale within this state unless it complies with the minimum standards fixed pursuant to law.

����� (2) The Oregon Liquor and Cannabis Commission may require a manufacturer, importer or wholesaler to provide samples of a particular wine or cider, and to provide a laboratory analysis demonstrating to the satisfaction of the commission that the particular wine or cider complies with the minimum standards in this state.

����� (3) No wine or cider offered for sale within this state may be altered or tampered with in any way by any person not licensed to do so by the commission.

����� (4) The commission may prohibit the sale of any wine or cider for a reasonable period of time while it is determining whether the wine or cider complies with minimum standards in this state. [Formerly 471.340; 2021 c.351 �104]

����� 471.445 Use of misleading mark or label on container; mixing liquors. (1) No licensee shall use or allow the use of any mark or label on the container of alcoholic liquor which is kept for sale, if the container does not precisely and clearly indicate the nature of its contents or in any way might deceive any customer as to the nature, composition, quantity, age or quality of such liquor.

����� (2) No licensee other than a winery licensee may mix or permit the mixing of any alcoholic liquor which the licensee is authorized to sell with any other alcoholic liquor which the licensee is not authorized by license to sell.

����� 471.446 Seals on wine and cider containers; improper labeling; injurious or adulterated ingredients. (1) No retail licensee shall purchase any wine or cider for resale except in sealed containers, the seals of which shall remain unbroken when it is sold for consumption off the premises.

����� (2) The Oregon Liquor and Cannabis Commission may refuse to sell, or may prohibit any licensee from selling, any brand of alcoholic liquor which in its judgment is deceptively labeled or branded as to content, or contains injurious or adulterated ingredients. [Formerly 471.345; 2021 c.351 �105]

����� 471.448 [1995 c.301 �12; 1999 c.351 �15a; repealed by 2019 c.373 �6]

����� 471.450 [Repealed by 1971 c.116 �1]

����� 471.452 [Amended by 1979 c.264 �8; 1989 c.178 �6; 1989 c.740 �4; 1989 c.785 �12; repealed by 1995 c.301 �81]

����� 471.455 [Amended by 1957 c.297 �2; 1979 c.881 �4; 1981 c.80 �1; repealed by 1995 c.301 �81]

����� 471.456 [1979 c.881 �7; 1987 c.511 �3; repealed by 1995 c.301 �81]

����� 471.457 [1965 c.277 �1; repealed by 1995 c.301 �81]

����� 471.460 [Amended by 1981 c.80 �2; repealed by 1995 c.301 �81]

����� 471.463 [1965 c.277 �2; repealed by 1995 c.301 �81]

����� 471.465 [Amended by 1955 c.657 �11; 1957 c.297 �3; 1981 c.435 �1; 1987 c.501 �1; repealed by 1995 c.301 �81]

����� 471.470 [Amended by 1957 c.297 �4; repealed by 1995 c.301 �81]

����� 471.473 Liquor store business loss compensation. (1) A person appointed to operate a store established by the Oregon Liquor and Cannabis Commission under ORS 471.750 qualifies for the payment of business loss compensation under this section if:

����� (a) The system for selling containers of distilled liquor at retail in this state changes after the person assumes operation of the store; and

����� (b) The system change results from a law that prohibits the commission from purchasing or selling distilled liquor.

����� (2) The purpose of business loss compensation is to offset the actual or presumed sales reduction and actual or perceived devaluation of a liquor store business following a system change described in subsection (1) of this section. The commission shall pay a person qualifying under this section business loss compensation equal to four percent of the average annual gross distilled liquor sales made by the store during the five years that preceded the system change, whether or not the person was the store operator during the entire five-year period. If the store has operated less than five years prior to the system change, the commission shall pay compensation equal to four percent of the average annual gross distilled liquor sales made by the store prior to the system change.

����� (3)(a) The commission shall pay any business loss compensation due under this section from the suspense account described in ORS 471.805. Except as otherwise required by federal or state law or by contract, the commission shall give the payment of business loss compensation priority over the payment of other debts from the suspense account.

����� (b) Notwithstanding ORS 279A.250 to 279A.290 or the revolving fund balance limit established in ORS 471.805, if a change in the system for selling containers of distilled liquor at retail in this state results in business loss compensation being payable under this section, and the commission declares within five years after the system change that a warehouse established by the commission under ORS 471.750 or the inventory of the commission is surplus property, the net proceeds from sale of the warehouse or inventory remaining after deduction of sales costs shall be deposited to the suspense account described in ORS

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

����� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

����� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

����� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

����� (A) Emergency circumstances exist; and

����� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

����� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

����� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

����� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

����� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

����� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

����� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

����� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

����� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

����� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

����� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

����� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

����� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

����� (a) HVAC;

����� (b) Medical;

����� (c) Boiler controls;

����� (d) Intercom and paging systems;

����� (e) Clock systems;

����� (f) Data telecommunication installations; and

����� (g) Instrumentation.

����� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

����� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

����� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

����� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

����� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

����� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

����� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

����� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

����� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

����� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

����� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

����� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

����� (2) An applicant for a Class A limited energy technician license must:

����� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

����� (b) Pass a written examination prepared by the board and administered by the department.

����� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

����� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

����� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

����� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

����� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

����� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

����� (b) Garage door openers;

����� (c) Vacuum systems;

����� (d) Audio and stereo systems;

����� (e) HVAC;

����� (f) Landscape sprinkler controls;

����� (g) Landscape lighting; and

����� (h) Doorbells.

����� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

����� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

����� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

����� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

����� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

����� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 480.265

480.265 or of any rule or regulation adopted under ORS 480.280 (1) is a Class B misdemeanor.

����� (7) Violation of any provision of ORS 480.420 to 480.460 is a Class B violation.

����� (8) Subject to ORS 153.022, violation of any provision of ORS 480.510 to 480.670, or any rule promulgated pursuant thereto, is a Class A misdemeanor. Whenever the Board of Boiler Rules has reason to believe that any person is liable to punishment under this subsection, it may certify the facts to the Attorney General, who may cause an appropriate proceeding to be brought. [Subsection (4) of 1963 Replacement Part enacted as 1961 c.722 �3; subsection (10) enacted as 1961 c.485 �24; subsection (4) enacted as 1963 c.384 �3; 1965 c.602 �24; subsection (3) enacted as 1967 c.417 �22; subsection (7) enacted as 1971 c.518 �25; 1983 c.676 �22; 1985 c.165 �3; 1987 c.158 �111; 1991 c.863 �59; 1999 c.1051 �193]

ORS 480.410

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 State Fire Marshal. [Formerly part of 480.450; 1973 c.832 �18; 2021 c.539 �142]

BOILERS AND PRESSURE VESSELS

����� 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) �Alteration� means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment.

����� (2) �Board� means the Board of Boiler Rules created under ORS 480.535.

����� (3) �Boiler� or �boilers� means:

����� (a) A closed vessel or vessels intended for the heating or vaporizing of liquids to be used externally to such vessel or vessels by the application of heat from combustible fuels, electricity or nuclear energy;

����� (b) Related appurtenances including but not limited to pressure piping directly connected and related to the safe operation of a boiler; and

����� (c) Pressure piping consisting of boiler or nonboiler external piping connected to a boiler, but not potable water nonboiler external piping.

����� (4) �Boiler external piping� has the meaning given the term in the 1986 Pressure Piping Code B 31.1, adopted by the American Society of Mechanical Engineers.

����� (5) �Certificate of competency� means a certificate issued under the provisions of ORS 480.565 (3).

����� (6) �Department� means the Department of Consumer and Business Services.

����� (7) �Director� means the Director of the Department of Consumer and Business Services.

����� (8) �Installation permit� means a permit issued by the department for the installation, alteration or repair of a boiler or pressure vessel.

����� (9) �Minimum safety standards� means the rules, regulations, formulae, definitions and interpretations for the safe construction, installation, operation and repair of boilers and pressure vessels either adopted by ORS 480.510 to 480.670 or adopted by the board, under ORS 480.510 to 480.670.

����� (10) �Nonboiler external piping� has the meaning given the term in the 1986 Pressure Piping Code B 31.1, adopted by the American Society of Mechanical Engineers.

����� (11) �Operating permit� means a permit issued by the department authorizing the operation of a boiler or pressure vessel.

����� (12) �Pressure vessel� means containers for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

����� (13) �Related appurtenances� means any equipment instrumental to the safe operation of a boiler or pressure vessel.

����� (14) �Shop inspection� means an inspection at a boiler or pressure vessel manufacturing, construction or repair facility.

����� (15) �Temporary operation authorization� means an authorization issued by the department to operate a boiler or pressure vessel for a specified period pending the issuance of an operating permit. [1961 c.485 �3; 1969 c.582 �2; 1971 c.753 �58; 1973 c.830 �1; 1983 c.676 �3; 1987 c.414 �35; 1991 c.518 �2; 1993 c.744 �142; 2007 c.487 �3; 2009 c.696 �11]

����� 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:

����� (1) For determining where and by whom boilers and pressure vessels are being constructed, installed, repaired, used and operated.

����� (2) To ensure that only qualified persons do welding on boilers and on pressure vessels.

����� (3) To ensure that boilers and pressure vessels are manufactured, installed, repaired, operated, inspected and maintained so as to meet the minimum safety standards formulated and promulgated by the Board of Boiler Rules.

����� (4) For the administration and enforcement of ORS 480.510 to 480.670 by the Department of Consumer and Business Services and the board.

����� (5) To defray the cost of administration and the cost of enforcing ORS 480.510 to 480.670 by establishing fees to be charged for:

����� (a) Issuing operating permits;

����� (b) Issuing installation permits;

����� (c) Giving examinations; and

����� (d) Making inspections. [1961 c.485 �2; 1969 c.583 �3; 1983 c.676 �4; 2007 c.487 �4; 2009 c.696 �12]

����� 480.525 Exempt vessels; rules; fee. (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 for heating potable water, equipped with an approved pressure-relieving device, containing only water and that do not exceed a:

����� (A) Capacity of 120 gallons;

����� (B) Water temperature of 210 degrees Fahrenheit;

����� (C) Pressure of 150 pounds per square inch gauge pressure; or

����� (D) Heat input of 200,000 Btu per hour.

����� (c) Domestic water heaters designed to create hot water instantaneously on demand without the use of a storage tank.

����� (d) Pressure vessels containing liquefied petroleum gas that are under the jurisdiction of the State Fire Marshal. However, the construction and repair of the vessels must comply with ORS 480.510 to 480.670 and are under the jurisdiction of the Board of Boiler Rules.

����� (e) Air tanks used in the operation of brakes on self-propelled vehicles and trailers that are used for transporting freight or passengers.

����� (f) Medical sterilizers that do not exceed one and one-half cubic feet in volume.

����� (g) Pressure vessels that do not exceed one and one-half cubic feet in volume and:

����� (A) Are not operated at gauge pressure of more than 150 pounds per square inch;

����� (B) Are equipped with a relief valve;

����� (C) Are approved under the American Society of Mechanical Engineers code adopted by the board;

����� (D) Are set at a maximum pressure of 150 pounds per square inch or less; and

����� (E) Are located in a place of public assembly.

����� (h) Pressure vessels that do not exceed five cubic feet in volume and:

����� (A) Are not operated at gauge pressure of more than 150 pounds per square inch;

����� (B) Are equipped with a relief valve;

����� (C) Are approved under the American Society of Mechanical Engineers code adopted by the board; and

����� (D) Are set at a maximum pressure of 150 pounds per square inch or less.

����� (2) Notwithstanding subsection (1) of this section, if the board, upon presentation of satisfactory evidence, determines that danger to health or safety is evident in any pressure vessel or class of pressure vessels exempted under subsection (1)(g) of this section, the board may require the inspection or reinspection of the pressure vessel or class of pressure vessels and make the pressure vessel or class of pressure vessels subject to the fee, construction or other requirements of ORS 480.510 to 480.670.

����� (3) The following boilers and pressure vessels are exempt from ORS 480.510 to 480.670, except as to all provisions relating to construction, installation, alteration or repair and to installation permits:

����� (a) Boilers that are not operated at gauge pressures of more than 15 pounds per square inch and that are located on farms and used solely for agricultural purposes except when used in connection with a greenhouse.

����� (b) Air tanks located on farms and used solely for agricultural purposes.

����� (c) Boilers and pressure vessels that are located in private residences and may be inspected only by a boiler inspector.

����� (d) Pressure vessels being operated at gauge pressures of less than 15 pounds per square inch and equipped with a pressure relief device set to open at a pressure that does not exceed the lesser of the pressure vessel�s maximum allowed working pressure or 15 pounds per square inch gauge pressure.

����� (4)(a) Beverage service tanks that have a product volume of five cubic feet or less are exempt from ORS 480.510 to 480.670.

����� (b) Except as provided in paragraph (c) of this subsection, beverage service tanks that have a product volume of more than five cubic feet are exempt from ORS 480.510 to

ORS 480.525

480.525 (1), a person may not:

����� (a) Make or direct the construction, installation, repair or alteration of a boiler or pressure vessel that does not meet minimum safety standards.

����� (b) 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 does not meet the minimum safety standards.

����� (c) Use, or attempt to use, a boiler or pressure vessel that fails to meet the minimum safety standards.

����� (d) Make any installation of a boiler or pressure vessel or repair thereon affecting the strength or safety thereof without notifying the chief boiler inspector as prescribed by rules promulgated under ORS 480.545.

����� (2) Nothing in this section restricts the construction of boilers or pressure vessels in Oregon that are installed outside Oregon and that do not conform to the provisions of ORS 480.510 to 480.670. [1961 c.485 �9; 1967 c.447 �5; 1969 c.582 �9; 1983 c.676 �10; 1991 c.518 �7; 2007 c.71 �164]

����� 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 that are used or proposed for use in this state and not made exempt from periodic inspection under ORS 480.510 to 480.670.

����� (2) Pressure piping that is nonboiler external piping, but that excludes potable water nonboiler external piping, shall be inspected on installation only and may not thereafter be considered as part of the boiler for the purposes of any subsequent inspections required by this section.

����� (3) If a hydrostatic test is necessary to determine the safety of a boiler or pressure vessel, the test shall be made by the owner or user of the boiler or pressure vessel and witnessed by a deputy or special inspector.

����� (4) All boilers and pressure vessels to be installed in this state shall be inspected during construction:

����� (a) By an inspector authorized to inspect boilers in this state or authorized under ORS

ORS 480.545

480.545. The fee to apply for or renew a license is:

����� (a) $27.50 per year for an employee or agent license.

����� (b) $165 per year for a boiler contractor license.

����� (5) A person required to be licensed under this section may not install, alter or repair a boiler or pressure vessel unless an installation permit is first secured from the department. The department shall issue permits only to persons possessing a valid boiler contractor license or as provided by the department by rule.

����� (6) If an emergency exists, a permit under subsection (5) of this section is not required in advance for boiler or pressure vessel installations or repair, provided that an application accompanied by the appropriate fee for the permit is submitted to the department within five days after the commencing of the boiler or pressure vessel work.

����� (7) The license and examination requirements of this section and ORS 480.632 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 that meet or exceed license standards as determined by the chief boiler inspector. The chief boiler inspector shall be notified prior to performance of any work under this subsection.

����� (8) If a license issued under subsection (4) of this section is of a class that authorizes a person to perform work equivalent to that performed by pressure vessel installers, building service mechanics, boilermakers or pressure piping mechanics, the person must comply with continuing education requirements. [1973 c.830 �4; 1983 c.676 �20; 1987 c.414 �36; 1991 c.201 �5; 2001 c.678 �3; 2005 c.758 �36; 2007 c.71 �168; 2007 c.487 ��13,13a; 2009 c.696 �21]

����� 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

ORS 480.565

480.565 (3).

����� (5) If a boiler or pressure vessel is inspected by a special inspector as provided in this section, the boiler or pressure vessel is subject to the installation permit and operating permit fees described in ORS 480.600 (2) instead of the installation permit and operating permit fees established under ORS 480.595.

����� (6) The Department of Consumer and Business Services may cause a deputy inspector to inspect or reinspect all boilers and pressure vessels that a special inspector is authorized or required to inspect. However, the deputy inspector may not conduct an internal inspection or reinspection unless:

����� (a) There is a question as to whether or not the boiler or pressure vessel meets the minimum safety standards; and

����� (b) The special inspector who made the original inspection, or the employer of the special inspector, is given reasonable notice and opportunity to be present during the internal inspection or reinspection.

����� (7) Subsections (1) to (6) of this section do not apply to boilers or pressure vessels located in a residential structure that contains fewer than six dwelling units. [1961 c.485 �14; 1969 c.582 �12; 1983 c.676 �12; 1991 c.518 �5; 2007 c.487 �7; 2009 c.696 �15]

����� 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 480.510 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 boiler inspector or the deputy inspector has reasonable cause to believe is located therein.

����� (2) No person shall interfere with or prevent any such inspection by the chief boiler inspector or a deputy inspector. [1961 c.485 �16; 1969 c.582 �14; 1983 c.676 �14; 2007 c.71 �166]

����� 480.585 Temporary operation authorization; operating permit; suspension or revocation. (1) 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.

����� (2) An operating permit for a boiler or pressure vessel shall specify the maximum pressure under which the boiler or pressure vessel may be operated.

����� (3) The department may at any time suspend or revoke an operating permit if the department finds that the boiler or pressure vessel, or related appurtenances, for which the permit was issued does not comply with ORS 480.510 to 480.670. Suspension of any permit continues in effect until the vessel conforms to ORS

ORS 480.585

480.585.

����� (6) Notwithstanding any requirement of ORS 480.510 to 480.670 or the state building code, the Department of Consumer and Business Services may adopt rules granting partial or complete exemption from ORS 480.510 to 480.670 for a boiler or pressure vessel if the board determines that the boiler or pressure vessel does not present a danger to public health or safety within this state. [1961 c.485 �11; 1967 c.447 �1; 1969 c.582 �4; 1973 c.830 �2; 1983 c.676 �5; 1985 c.398 �1; 1987 c.847 �1; 1991 c.518 �6; 1999 c.713 �1; 2007 c.386 �1; 2007 c.487 �5; 2009 c.696 �13]

����� 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 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 threatened, enjoining the act or practice. However, before obtaining a restraining order and injunction, unless the act or practice constitutes an immediate threat to health and safety, the department shall first notify the person concerned of the department�s intentions. The notice shall be in writing, shall advise the person concerned of the department�s intentions and shall advise the person concerned of the right to appeal in writing within 10 days and that the appeal will be heard by the Board of Boiler Rules. In case there is a timely request for an appeal, proceedings will be stayed pending the appeal, unless the act or practice constitutes an immediate menace to health or safety or the person concerned fails to prosecute the appeal with diligence.

����� (2) Keep a complete record of the types, dimensions, maximum allowable working pressures, age, location and date of the last recorded inspection of all boilers and pressure vessels to which ORS 480.510 to 480.670 apply.

����� (3) Publish and distribute copies of the rules and codes applicable to boilers and pressure vessels.

����� (4) Check or cause to be checked the authenticity, appropriateness and expiration dates of licenses and certificates issued under ORS 480.510 to 480.670.

����� (5) Administer written, oral or practical examinations to all applicants for certification as chief boiler inspector, deputy inspector or special inspector under ORS

ORS 480.630

480.630. [1983 c.676 �24; 2005 c.758 �37; 2007 c.306 �4]

����� 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 employee of a business engaged in installing or replacing by nonwelded means a potable domestic water heater that:

����� (a) Is not used for space heating;

����� (b) Has a capacity that does not exceed 180 gallons;

����� (c) Has a water temperature that does not exceed 210 degrees Fahrenheit;

����� (d) Has a pressure that does not exceed 150 pounds per square inch gauge pressure; and

����� (e) Has a heat input that does not exceed 750,000 Btu per hour.

����� (2) Subsection (1) of this section does not allow construction, repair or alteration of the domestic potable water heater. [1991 c.518 �15; 2005 c.758 �38]

����� 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 person exempted from licensing by ORS 480.630 (7). [1983 c.676 �25; 1991 c.518 �11; 2005 c.758 �39; 2007 c.487 �14]

����� 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 standardized examinations prepared by nationally recognized bodies.

����� (2) The board shall allow any person who takes an examination to review the examination and test results of that person. [1983 c.676 �26; 1991 c.518 �12]

����� 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 welded stamp symbol.

����� (2) 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 Authorization requirements related to boilers for welding on nonboiler external piping.

����� (3) The board shall accept an �R� stamp certificate of authorization by the National Board of Boiler and Pressure Vessel Inspectors or the American Society of Mechanical Engineers as meeting the requirements of subsection (1) of this section and may accept any other quality control program for welding that is at least equivalent to the Oregon quality control procedures adopted under subsection (1) of this section.

����� (4) All review by the Department of Consumer and Business Services for individual approval of quality control procedures and requirements shall be charged at the shop inspection rates under ORS 480.605. [1991 c.518 �16; 1993 c.744 �148; 2009 c.696 �22]

����� 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 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 boiler or pressure vessel, or to a representative of the owner or user.

����� (2) If no immediate hazard to health and safety is evident, the notice shall state that correction of the defective condition is required within 30 days of the date of the inspection. If the correction is not completed within the 30-day period, the owner or user of the boiler or pressure vessel may apply to the chief boiler inspector for extension of the time for making the correction. If the chief boiler inspector determines that corrective action was commenced within the time period specified in the notice, an extension may be granted for such time as is required to complete corrective action.

����� (3) If an immediate hazard to health and safety is evident, the notice shall prohibit further use of the boiler or pressure vessel. The inspector immediately shall report that action to the chief boiler inspector.

����� (4) If any person is aggrieved by a determination made upon inspection under this section, the person first shall appeal that determination to the chief boiler inspector and then to the Board of Boiler Rules. Subsequent appeal shall be as provided in ORS 183.480 to 183.540. [1983 c.676 �28]

����� 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

ORS 652.990

652.990���� Criminal penalties

HOURS OF LABOR

����� 652.010 Declaration of public policy concerning maximum working hours in certain industries. (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person�s health and physical well-being and ability to promote the general welfare by the person�s increasing usefulness as a healthy and intelligent citizen.

����� (2) It hereby is declared that the working of any person more than 10 hours in one day in any mill, factory or other manufacturing establishment or the working of any person more than eight hours, exclusive of one hour, more or less, in one day, or more than 48 hours in one workweek, as defined in ORS 652.020, in sawmills, planing mills, shingle mills and logging camps is injurious to the physical health and well-being of such person, and tends to prevent the person from acquiring that degree of intelligence that is necessary to make the person a useful and desirable citizen of the state. [Amended by 2017 c.685 �13]

����� 652.020 Maximum working hours in certain industries; overtime hours and pay; exemptions; penalties. (1) As used in this section:

����� (a) �Machinery� means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.

����� (b) �Manufacturing� means the process of using machinery to transform materials, substances or components into new products.

����� (c) �Manufacturing establishment� means an establishment engaged in manufacturing.

����� (d) �Perishable product� means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. �Perishable product� includes agricultural crops, meat and fish.

����� (e) �Undue hardship period� means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

����� (f) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

����� (2)(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, an employer may not require or permit an employee employed in any mill, factory or other manufacturing establishment in this state to work more than:

����� (A) 10 hours in any one day; or

����� (B) 55 hours in any one workweek.

����� (b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

����� (c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (4) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

����� (A) Up to 84 hours per workweek for four workweeks; and

����� (B) Up to 80 hours per workweek for the remainder of the undue hardship period.

����� (d) Except as provided in subsection (3) of this section, an employer may not require or permit an employee employed in a sawmill, planing mill, shingle mill or logging camp to work more than:

����� (A) Eight hours, exclusive of one hour, more or less, in one day; or

����� (B) 48 hours in one workweek.

����� (3)(a) An employee may work overtime up to three hours more than the applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section.

����� (b) An employer shall compensate an employee who works overtime hours described in paragraph (a) of this subsection at one and one-half times the employee�s regular rate of pay for each overtime hour or portion of an hour the employee works.

����� (c) An employer shall calculate an employee�s overtime compensation on a daily basis under paragraph (b) of this subsection and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

����� (A) The applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section; and

����� (B) Forty hours in one workweek as described in ORS 653.261 (1).

����� (d) An employer that makes an overtime payment to an employee pursuant to paragraph (c) of this subsection satisfies the overtime compensation requirements under this subsection and ORS 653.261 (1).

����� (4)(a) An employer is eligible for an undue hardship period exemption from the restrictions on maximum workweek hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer�s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer�s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

����� (b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

����� (c)(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

����� (B) The employee�s written consent shall be in a form prescribed by the commissioner by rule and include:

����� (i) A description of the employer�s reasons for the undue hardship period;

����� (ii) The start and expected end dates of the undue hardship period;

����� (iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;

����� (iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;

����� (v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;

����� (vi) Contact information for the Bureau of Labor and Industries; and

����� (vii) Any other information required by the commissioner.

����� (5) An employer may not:

����� (a) Require any employee employed in a mill, factory or other manufacturing establishment in this state to begin a work shift less than 10 hours after the end of the employee�s previous work shift if the employee�s previous work shift totaled eight or more hours, unless the employer requires the employee to work additional hours due to disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer�s control;

����� (b) Require or permit any employee to work in any place described in this section for more hours than the hours provided for in this section during any day of 24 hours;

����� (c) Take an adverse employment action against any employee who is employed in a manufacturing establishment that is classified within the North American Industry Classification System under code 3118 and who refuses to work a mandatory overtime shift unless the employer has provided the employee with at least five days� advance notice of the overtime shift, including the date and time of the overtime shift;

����� (d) Permit an overseer, superintendent or other agent of the employer to violate this section; or

����� (e) Coerce an employee into consenting to work more than 55 hours in a given workweek.

����� (6) This section does not apply to:

����� (a) An employee performing work as a member of a logging train crew, as a guard or as a boiler operator;

����� (b) An employee engaged in the transportation of workers to and from work;

����� (c) An employee engaged in the care of quarters or livestock, the conducting of mess halls, the superintendence and direction of work or the loading and removal of finished forest product;

����� (d) An employee when engaged in making necessary repairs or in the case of emergency where life or property is in imminent danger; or

����� (e) An employee employed in a mill, factory or other manufacturing establishment whose principal duties are administrative in nature or who is not otherwise engaged in the direct processing of goods in the usual course of the employee�s duties.

����� (7) Subsections (2) to (5) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

����� (8)(a) In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) or (3) of this section by requiring the employee to work more than:

����� (A) Three hours more than the applicable limit for the maximum allowable hours of employment in one day; or

����� (B) The applicable limit for the maximum allowable hours of employment in one workweek.

����� (b) If the employee prevails in an action under this section, the court may enter judgment against the employer for:

����� (A) Actual damages or $3,000 per claim, whichever is greater;

����� (B) Equitable relief; and

����� (C) Liquidated damages in an amount equal to twice the employee�s overtime wages earned during the period not allowed under subsection (2) or (3) of this section.

����� (c) In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court.

����� (9)(a) Notwithstanding ORS 652.900, in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer that the commissioner determines has coerced an employee into consenting to work more than 55 hours in one workweek:

����� (A) $2,000 per violation if the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; or

����� (B) $3,000 per violation if the employer coerced an employee into consenting under subsection (4) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

����� (b) Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek�s continuance is a separate and distinct violation.

����� (c) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 652.900.

����� (10) A violation of subsection (5)(c) of this section is an unlawful practice under ORS chapter 659A that is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 to 659A.865. [Amended by 1989 c.852 �1; 1991 c.67 �157; 1999 c.59 �190; 2011 c.348 �1; 2017 c.685 ��1,2; 2022 c.22 �1]

����� 652.030 Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states. ORS

ORS 705.145

705.145 and credited to the account responsible for paying the expenses of the department related to administering and enforcing the building inspection program. A state employee may not be displaced as a result of using contract personnel.

����� (7) The governing body of a municipality may commence responsibility for the administration and enforcement of a building inspection program beginning July 1 of any year by notifying the director no later than January 1 of the same year and obtaining the director�s approval of an assumption plan as described in subsection (11)(c) of this section.

����� (8) The department shall adopt rules to require the governing body of each municipality assuming or continuing a building inspection program under this section to submit a written plan with the notice required under subsection (4) or (7) of this section. If the department is the governing body, the department shall have a plan on file. The plan must specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

����� (9) A municipality that administers and enforces a building inspection program pursuant to this section shall recognize and accept the performances of state building code activities by businesses and persons authorized under ORS 455.457 to perform the activities as if the activities were performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

����� (10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 has no responsibility or liability for the activities of the licensee.

����� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs that municipalities assume on or after January 1, 2002. Regulation under this subsection must include but not be limited to:

����� (a) Creating building inspection program application and amendment requirements and procedures;

����� (b) Granting or denying applications for building inspection program authority and amendments;

����� (c) Requiring a municipality assuming a building inspection program to submit with the notice given under subsection (7) of this section an assumption plan that includes, at a minimum:

����� (A) A description of the intended availability of program services, including proposed service agreements for carrying out the program during at least the first two years;

����� (B) Demonstration of the ability and intent to provide building inspection program services for at least two years;

����� (C) An estimate of proposed permit revenue and program operating expenses;

����� (D) Proposed staffing levels; and

����� (E) Proposed service levels;

����� (d) Reviewing procedures and program operations of municipalities;

����� (e) Creating standards for efficient, effective, timely and acceptable building inspection programs;

����� (f) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

����� (g) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program throughout a county, if another municipality is allowed to provide a building inspection program within the same county; and

����� (h) Enforcing the requirements of this section.

����� (12) The department may assume administration and enforcement of a building inspection program:

����� (a) During the pendency of activities under ORS 455.770;

����� (b) If a municipality abandons or is no longer able to administer the building inspection program; or

����� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

����� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

����� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

����� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

����� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

����� (d) Ratify or disapprove the discretionary decisions of a contract building official, as both terms are defined in ORS 455.202, to the extent that a municipality could ratify or disapprove the discretionary decisions of the municipality�s contract building official.

����� (14) A municipality that abandons or otherwise ceases to administer and enforce a building inspection program that the municipality assumed under this section may not resume the administration or enforcement of the program for at least two years. The municipality may resume the administration and enforcement of the abandoned program only on July 1 of an odd-numbered year. Prior to resuming the administration and enforcement of the program, the municipality must follow the notification procedure set forth in subsection (7) of this section. [2001 c.573 �1; 2005 c.22 �328; 2007 c.487 �1; 2007 c.549 ��4,5; 2009 c.696 ��23,24; 2013 c.528 �11; 2019 c.422 �18; 2021 c.599 �8]

����� Note: 455.148 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 455.150 Selective municipal building inspection programs; building officials and contract building officials; rules; program duration, plan, failure and abandonment; limitation on program resumption. (1) Except as provided in subsection (15) of this section, a municipality that assumes the administration and enforcement of a building inspection program prior to January 1, 2002, may administer and enforce all or part of a building inspection program. A building inspection program:

����� (a) Is a program that includes the following:

����� (A) The state building code, as defined in ORS 455.010, except as set forth in paragraph (b) of this subsection.

����� (B) Manufactured dwelling installation requirements under ORS 446.155, 446.185 (1) and 446.230.

����� (C) Manufactured dwelling parks and mobile home parks under ORS chapter 446.

����� (D) Park and camp programs regulated under ORS 455.680.

����� (E) Tourist facilities regulated under ORS 446.310 to 446.350.

����� (F) Manufactured dwelling alterations regulated under ORS 446.155.

����� (G) Accessory buildings or structures under ORS 446.253.

����� (H) Boilers and pressure vessels described in rules adopted under ORS 480.525 (5).

����� (b) Is not a program that includes:

����� (A) Boiler and pressure vessel programs under ORS 480.510 to 480.670 except those described in rules adopted under ORS 480.525 (5);

����� (B) Elevator programs under ORS 460.005 to 460.175;

����� (C) Amusement ride regulation under ORS 460.310 to 460.370;

����� (D) Prefabricated structure regulation under ORS chapter 455;

����� (E) Manufacture of manufactured dwelling programs under ORS 446.155 to 446.285, including the administration and enforcement of federal manufactured dwelling construction and safety standards adopted under ORS 446.155 or the National Manufactured Housing Construction and Safety Standards Act of 1974;

����� (F) Licensing and certification, or the adoption of statewide codes and standards, under ORS chapter 446, 447, 455, 479 or 693; and

����� (G) Review of plans and specifications as provided in ORS 455.685.

����� (2) A municipality that administers a building inspection program as allowed under this section shall do so for periods of four years. The Department of Consumer and Business Services shall adopt rules to adjust time periods for administration of a building inspection program to allow for variations in the needs of the department and participants.

����� (3)(a) If a municipality administers a building inspection program, the governing body of the municipality shall, unless other means are already provided, appoint or employ a person to serve as a building official, who will administer and enforce all or parts of the building inspection program. Under the circumstances described in ORS 455.202 (2), a municipality may for the same purpose enter into a contract with a contract building official, as defined in ORS 455.202. A building official or contract building official shall, in the municipality that appointed or employed the building official or contracted with the contract building official, attend to all aspects of code enforcement, including the issuance of all building permits. Two or more municipalities may combine in the appointment of a single building official or in a contract with a single contract building official for the purpose of administering a building inspection program within each municipality.

����� (b) A contract between a municipality and a contract building official is subject to applicable provisions of ORS chapters 279A, 279B and 279C.

����� (4)(a) By January 1 of the year preceding the expiration of the four-year period described in subsection (2) of this section, the governing body of the municipality shall notify the Director of the Department of Consumer and Business Services and, if not a county, notify the county whether the municipality will continue to administer all or part of the building inspection program after the four-year period expires. If parts of a building inspection program are to be administered and enforced by a municipality, the parts shall correspond to a classification designated by the director as reasonable divisions of work.

����� (b) Notwithstanding the January 1 date set forth in paragraph (a) of this subsection, the director and the municipality and, if the municipality is not a county, the county may by agreement extend that date to no later than March 1.

����� (5) If a city does not notify the director, or notifies the director that the city will not administer all or parts of certain specialty codes under the building inspection program, the county or counties within which the city is located shall administer and enforce those codes or parts of the codes within the city in the same manner as the county or counties administer and enforce the codes or parts of the codes outside the city, except as provided by subsection (6) of this section.

����� (6) If a county does not notify the director, or notifies the director that the county will not administer and enforce all or parts of certain specialty codes under the building inspection program, the director shall contract with a municipality or other person or use such state employees or state agencies as are necessary to administer and enforce those codes or parts of the codes, and permit or other fees arising from the administration and enforcement must be paid into the Consumer and Business Services Fund created by ORS 705.145 and credited to the account responsible for paying such expenses. A state employee may not be displaced as a result of using contract personnel.

����� (7) If a municipality administering a building inspection program under this section seeks to administer additional parts of a program, the municipality must comply with ORS 455.148, including the requirement that the municipality administer and enforce all aspects of the building inspection program. Thereafter, the municipality is subject to ORS 455.148 and ceases to be subject to this section.

����� (8) The department shall adopt rules to require the governing body of each municipality to submit a written plan with the notice required under subsection (4) of this section. If the department is the governing body, the department shall have a plan on file. The plan shall specify how cooperation with the State Fire Marshal or a designee of the State Fire Marshal will be achieved and how a uniform fire code will be considered in the review process of the design and construction phases of buildings or structures.

����� (9) A municipality that administers a code for which persons or businesses are authorized under ORS 455.457 to perform activities shall recognize and accept those activities as if performed by the municipality. A municipality is not required to accept an inspection, a plan or a plan review that does not meet the requirements of the state building code.

����� (10) The department or a municipality that accepts an inspection or plan review as required by this section by a person licensed under ORS 455.457 has no responsibility or liability for the activities of the licensee.

����� (11) In addition to the requirements of ORS 455.100 and 455.110, the director shall regulate building inspection programs of municipalities assumed prior to January 1, 2002. Regulation under this subsection must include but not be limited to:

����� (a) Creating building inspection program application and amendment requirements and procedures;

����� (b) Granting or denying applications for building inspection program authority and amendments;

����� (c) Reviewing procedures and program operations of municipalities;

����� (d) Creating standards for efficient, effective, timely and acceptable building inspection programs;

����� (e) Creating standards for justifying increases in building inspection program fees adopted by a municipality;

����� (f) Creating standards for determining whether a county or department building inspection program is economically impaired because of the county�s or the department�s inability to reasonably continue providing the program or part of the program throughout a county, if another municipality is allowed to provide a building inspection program or part of a program within the same county; and

����� (g) Enforcing the requirements of this section.

����� (12) The department may assume administration and enforcement of a building inspection program:

����� (a) During the pendency of activities under ORS 455.770;

����� (b) If a municipality abandons any part of the building inspection program or is no longer able to administer the building inspection program; or

����� (c) If a municipality fails to substantially comply with any provision of this section or of ORS 455.465, 455.467 and 455.469.

����� (13) If the department assumes the administration and enforcement of a building inspection program under this section, in addition to any other power granted to the director, the director may:

����� (a) Enter into agreements with local governments under ORS 455.185 regarding the administration and enforcement of the assumed building inspection program;

����� (b) Take action as described in ORS 455.192 to ensure that sufficient staff and other resources are available for the administration and enforcement of the assumed building inspection program;

����� (c) Charge fees described in ORS 455.195 for department services provided in administering and enforcing the assumed building inspection program; and

����� (d) Ratify or disapprove the discretionary decisions of a contract building official, as both terms are defined in ORS 455.202, to the extent that a municipality could ratify or disapprove the discretionary decisions of the municipality�s contract building official.

����� (14) If a municipality abandons or otherwise ceases to administer all or part of a building inspection program described in this section, the municipality may not resume the administration and enforcement of the abandoned program or part of a program for at least two years. The municipality may resume the administration and enforcement of the abandoned program or part of a program only on July 1 of an odd-numbered year. To resume the administration and enforcement of the abandoned program or part of a program, the municipality must comply with ORS

ORS 731.062

731.062]

����� 731.106 �Insurer.� �Insurer� includes every person engaged in the business of entering into policies of insurance. [1967 c.359 �22]

����� 731.110 [Repealed by 1965 c.241 �3]

����� 731.112 �Judgment.� �Judgment� includes a final order. [1967 c.359 �23; 2003 c.576 �553]

����� 731.114 �Limited benefit coverage.� �Limited benefit coverage� means:

����� (1) Health insurance that provides:

����� (a) Coverage for accident only, specific disease or condition only, credit or disability income;

����� (b) Dental only coverage; or

����� (c) Vision only coverage; and

����� (2) Independent, noncoordinated, hospital-only indemnity insurance or other fixed indemnity insurance. [2016 c.11 �2]

����� Note: 731.114 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 731.116 �Person.� �Person� means an individual or a business entity. For the purpose of this definition, �business entity� means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. [1967 c.359 �24; 1983 c.327 �12; 2001 c.191 �21]

����� 731.120 [Repealed by 1965 c.241 �3]

����� 731.122 �Policy.� �Policy� means the written contract or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, indorsements and papers which are a part thereof and annuities. [1967 c.359 �25]

����� 731.126 �Reinsurance.� �Reinsurance� means a contract under which an originating insurer, called the �ceding� insurer, procures insurance for itself in another insurer, called the �assuming� insurer or the �reinsurer,� with respect to part or all of an insurance risk of the originating insurer. [1967 c.359 �26]

����� 731.130 [Repealed by 1965 c.241 �3]

����� 731.132 �Required capitalization.� �Required capitalization� means the minimum combined paid-up capital and surplus required by the Insurance Code of a stock insurer, or the minimum surplus so required of an insurer without capital stock. [1967 c.359 �27]

����� 731.136 �State.� When used in context signifying a jurisdiction other than the State of Oregon, �state� means any state, district, territory, commonwealth or possession of the United States of America. [1967 c.359 �28; 2001 c.191 �22]

����� 731.140 [Repealed by 1965 c.241 �3]

����� 731.142 �Stock,� �mutual� and �reciprocal� insurer. (1) �Stock insurer� means an incorporated insurer whose capital is divided into shares and owned by its stockholders.

����� (2) �Mutual insurer� means an incorporated insurer without capital stock and the governing body of which is elected by its policyholders. This definition does not exclude as a �mutual insurer� a foreign insurer found by the Director of the Department of Consumer and Business Services to be organized on the mutual plan under the laws of its domicile, but having temporary share capital or providing for election of the insurer�s governing body on a reasonable basis by policyholders and others.

����� (3) �Reciprocal insurer� means an unincorporated aggregation of persons known as �subscribers,� operating individually and collectively through an attorney in fact common to all such persons, interexchanging among themselves reciprocal agreements of indemnity. [1967 c.359 �29]

����� 731.144 �Surplus lines insurance.� �Surplus lines insurance� means any insurance on an Oregon home state risk, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, independently procured insurance, life insurance and health insurance and annuities. For purposes of this section, �home state� has the meaning given that term in ORS 735.405. [1987 c.774 �113; 1991 c.810 �24; 2011 c.660 �20]

����� Note: 731.144 was added to and made a part of ORS chapter 731 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 731.146 �Transact insurance.� (1) �Transact insurance� means one or more of the following acts effected by mail or otherwise:

����� (a) Making or proposing to make an insurance contract.

����� (b) Taking or receiving any application for insurance.

����� (c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof.

����� (d) Issuing or delivering policies of insurance.

����� (e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance.

����� (f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business.

����� (g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code.

����� (h) Offering a multistate qualified health plan to individuals or small employers through the program administered by the United States Office of Personnel Management pursuant to 42 U.S.C. 18054.

����� (i) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (h) of this subsection in a manner designed to evade the provisions of the Insurance Code.

����� (2) Subsection (1) of this section does not include, apply to or affect the following:

����� (a) Making investments within a state by an insurer not admitted or authorized to do business within such state.

����� (b) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group life insurance or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which:

����� (A) The insurer was authorized to do an insurance business;

����� (B) The policyholder is domiciled or otherwise has a bona fide situs; and

����� (C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state.

����� (c) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group health insurance, if the master policy was validly issued to cover an employer group other than an association, trust or multiple employer welfare arrangement and was delivered in and pursuant to the laws of another state in which:

����� (A) The insurer was authorized to do an insurance business; and

����� (B) The policyholder is domiciled or otherwise has a bona fide situs.

����� (d) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer�s former authorized operations within such state.

����� (e) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued.

����� (f) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein.

����� (3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect. [1967 c.359 �30; 1971 c.231 �10; 1989 c.784 �4; 2003 c.364 �64; 2007 c.752 ��1,6; 2013 c.681 �9; 2015 c.515 �4; 2019 c.285 �3]

CLASSES OF INSURANCE DEFINED

����� 731.150 Definitions of classes of insurance not mutually exclusive. It is intended that certain insurance coverages may come within the definitions of two or more classes of insurance as defined in the Insurance Code, and the inclusion of such coverage within one definition shall not exclude it as to any other class of insurance within the definition of which such coverage is likewise reasonably includable. [1967 c.359 �32]

����� 731.154 �Annuity.� (1) �Annuity� or �annuity policy� means any agreement to make periodic payments, whether fixed or variable in amount, where the making of all or some of such payments, or the amount of any such payment, is dependent upon the continuance of human life, except payments made pursuant to the settlement provisions of a life insurance policy, and includes additional benefits operating to safeguard the policy from lapse or to provide a special surrender value or special benefit or annuity in the event of total and permanent disability of the annuitant.

����� (2) �Annuity� does not include a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code. [1967 c.359 �33; 1993 c.377 �1]

����� 731.156 �Variable life insurance�; �variable annuity.� �Variable life insurance� and �variable annuity� mean forms of life insurance or annuity benefits, respectively, that vary according to the investment experience of a separate account or accounts maintained by the insurer with respect to policies providing such benefits or are securities under the Securities Act of 1933, 15 U.S.C. 77a et seq., as in effect on January 1, 2024, that vary according to the performance of a benchmark index, rate or fund if the principal or minimum rate of interest is not guaranteed and might be subject to a market value adjustment. For convenience, reference to �variable life insurance� in the Insurance Code includes variable life insurance and variable annuities as defined in this section, except if the inclusion of variable annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1973 c.435 �2; 2023 c.143 �3]

����� 731.158 �Casualty insurance.� �Casualty insurance� means:

����� (1) Insurance against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property; and provision for medical, hospital, surgical and disability benefits to injured persons including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as coverage for personal injury protection benefits under a motor vehicle liability policy or as an incidental coverage with or supplemental to liability insurance;

����� (2) Motor vehicle physical damage, burglary and theft, glass, boiler and machinery, credit and livestock insurance;

����� (3) Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or occupational diseases of employees;

����� (4) Insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components; and

����� (5) Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other class of insurance otherwise defined, if such insurance is not disapproved by the Director of the Department of Consumer and Business Services as being contrary to law or public policy. [1967 c.359 �34; 1981 c.247 �2; 1993 c.649 �5; 2007 c.241 �22]

����� 731.162 �Health insurance.� �Health insurance� means insurance of humans against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness or childbirth, or against expense incurred in prevention of sickness, in dental care or optometrical service, and every insurance appertaining thereto, including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan. �Health insurance� does not include workers� compensation coverages. [1967 c.359 �35; 1993 c.649 �6]

����� 731.164 �Home protection insurance,� �home protection insurer.� (1)(a) �Home protection insurance� means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure.

����� (b)(A) �Home protection insurance� does not include a home service agreement.

����� (B) As used in this paragraph, �home service agreement� means a contract or agreement for a specific limited duration to:

����� (i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or

����� (ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems.

����� (c) As used in this subsection, �home� means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences.

����� (2) �Home protection insurer� means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance. [1981 c.247 �4; 2003 c.283 �1]

����� 731.166 �Industrial life insurance.� �Industrial life insurance� means that form of life insurance written under policies of face amount of $2,500 or less, under which premiums are payable monthly or more often and the policy specifies it is an industrial life insurance policy. [1967 c.359 �36]

����� 731.170 �Life insurance�; includes annuities. (1) �Life insurance� means insurance on human lives and every insurance appertaining thereto and includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured�s or premium payer�s disability and optional modes of settlement of proceeds of life insurance including annuity benefits payable under such a settlement provision. �Life insurance� does not include workers� compensation coverages.

����� (2) For convenience, reference to �life insurance� in the Insurance Code includes life insurance as defined in subsection (1) of this section and annuities as defined in ORS 731.154, except if the inclusion of annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1967 c.359 �37]

����� 731.174 �Marine and transportation insurance.� �Marine and transportation insurance� includes:

����� (1) Insurance against any and all kinds of loss of or damage to:

����� (a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders� risks, and all personal property floater risks including bailees� customers risks;

����� (b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);

����� (c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and

����� (d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.

����� (2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly

ORS 731.194

731.194 is effected by an insurer each class shall be written in a separate and distinct policy. Any such policy may be canceled, surrendered or otherwise terminated without affecting other premiums paid or policies held by the same insured.

����� (2) Except as provided in this section, the same policy shall not include insurance coverages as to which the liability of the insurer for unearned premiums or the reserve for unpaid, deferred or undetermined loss claims is estimated in a different manner.

����� (3) Insurance in one policy may be effected upon automobiles and vehicles, and the accessories and other property transported upon and used in connection therewith, against loss or damage by fire, collision and explosion, and against loss by legal liability for damage to persons or property, or both, resulting from the maintenance, use or operation of such automobiles or vehicles, and against loss by burglary, embezzlement or theft, or any one or more of them. Premiums and losses for such insurance are to be reported to the Director of the Department of Consumer and Business Services under the title �automobile insurance.� For this purpose an insurer need not use the standard fire insurance policy required by ORS 742.202.

����� (4) Insurance in one policy may be effected against loss or damage of property and against personal injury and death, and liability therefor, from explosion of steam boilers, tanks and engines, pipes and machinery connected therewith, and breakage of flywheels and machinery. Premiums and losses for such insurance are to be reported to the director under the title �steam boiler insurance.�

����� (5) Insurance under the classes of life and health insurance may be effected in one policy.

����� (6) Insurance in one policy effected against any physical loss or damage occurring to properties may include coverage as to other perils, either on an unspecified basis as to coverage or for a single premium.

����� (7) Insurance in one policy effected against loss or destruction of baggage while traveling which is written on a single premium nonrenewable basis may include travel ticket health insurance benefits.

����� (8) Insurance under more than one class of insurance may be effected in one policy if the director finds that the issuance of the policy is in the best interest of the public. [Formerly 736.310 and then 743.072; 2005 c.185 �2]

����� 742.043 Binders. (1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.

����� (2) Except as provided in subsection (3) of this section and ORS 746.195, within 90 days after issue of a binder a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor.

����� (3) If the policy has not been issued a binder may be extended or renewed beyond such 90 days with the written approval of the Director of the Department of Consumer and Business Services, or in accordance with such rules relative thereto as the director may promulgate.

����� (4) This section does not apply to life or health insurance. [Formerly 743.075]

����� 742.045 [1953 c.605 �3; 1965 c.611 �7; repealed by 1967 c.359 �704]

����� 742.046 Delivery of policy; website posting as alternative to delivery. (1) Subject to the insurer�s requirements for paying premiums, the insurer shall mail or deliver every policy to the insured or to the person entitled to the policy within a reasonable period of time after the insurer issues the policy, unless the insured has not met a condition required by the insurer.

����� (2) If the insurer delivers or deposits, or must deliver or deposit, the original policy to or with any vendor, mortgagee or pledgee of any motor vehicle, and the original policy insures the vendee�s, mortgagor�s or pledgor�s interest in or with reference to the motor vehicle, the vendor, mortgagee or pledgee shall deliver a duplicate or memorandum of the policy that sets forth the name and address of the insurer, the insurance classification of the vehicle, the type of coverage, the limits of liability, premiums for the respective coverages and the duration of the policy to each vendee, mortgagor or pledgor that is named in the policy or that is within the group of persons the policy specifies must be included. If the policy does not cover legal liability for injury to persons or damage to the property of third parties, the face of the duplicate policy or memorandum must conspicuously state, in writing, in print or with a stamp, that the policy does not provide such coverage. This subsection does not apply to inland marine floater policies.

����� (3) Notwithstanding the requirements set forth in subsections (1) and (2) of this section and the consent and notice requirements set forth in ORS 84.070 (2), an insurer may post on the insurer�s website a standard property and casualty insurance policy and endorsements that do not have personally identifiable information. If the insurer posts an insurance policy and endorsements on the insurer�s website in lieu of mailing or delivering the insurance policy and endorsements to the insured, the insurer shall:

����� (a) Ensure that the insurance policy and endorsements are easily accessible for as long as the insurance policy is in force;

����� (b) Archive expired policies and endorsements for five years after the policies expire and make archived policies available upon request;

����� (c) Post the policy and endorsements in a manner that enables the insured to use software that is free of charge and widely available on the Internet to save and print the policy and endorsements;

����� (d) Provide in, or simultaneously with, each declarations page that the insurer provides at the time the insurer issues or renews the policy:

����� (A) A description of the exact policy and endorsements that the insurer purchased;

����� (B) A statement that advises the insured of the right to request and obtain, without charge, a printed copy of the insured�s policy and endorsements and instructions for making the request; and

����� (C) The Internet address at which the insurer posted the insured�s policy and endorsements; and

����� (e) Notify the insured, in the manner in which the insurer customarily communicates with the insured, of any changes to the policy or endorsements. [Formerly 743.078; 2015 c.612 �1]

����� 742.048 Effective date and time of coverage; applicability. (1) Except as provided in subsections (2), (4) and (5) of this section, every policy of insurance shall contain a provision stating that coverage commences at 12:01 a.m. of the date upon which the insurance takes effect.

����� (2) A policy of insurance may provide that the time at which coverage commences shall not be prior to the time at which the policy of insurance is applied for.

����� (3) Any statement of time in a policy shall mean time according to the legal standard of time in effect:

����� (a) If the policy insures real property, at the location of such property; or

����� (b) If the policy does not insure real property, at the principal place of business within Oregon of the insured; or, if the insured has no place of business within Oregon, at the residence within Oregon of the insured.

����� (4) A binder or other contract for temporary insurance may commence coverage at an hour different from 12:01 a.m. in order to provide coverage from the agreed hour of commencement of coverage to 12:01 a.m. of the date on which the written policy as to which such binder or other contract was issued takes effect.

����� (5) This section does not apply to life, health, mortgage, title, surety or wet marine and transportation insurance. [Formerly 743.080]

����� 742.050 [Amended by 1955 c.372 �1; 1957 c.4 �1; 1965 c.611 �8; 1967 c.359 �658; renumbered 750.045]

����� 742.051 Renewal by certificate. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer, if renewed or extended upon a currently authorized policy form at the premium rate then required therefor, for a specific additional period or periods by certificate or by indorsement of the policy, without requiring the issuance of a new policy. [Formerly 743.081]

����� 742.053 Forms for proving loss; responsibility of insurer; proof of loss covered under policy of fire insurance; requirements for insurer in instances of total loss related to major disaster; rules. (1) An insurer, in response to a written request, shall provide forms for proving a loss for which a person makes a claim under an insurance policy the insurer issues. The requirement to provide forms under this subsection does not impose responsibility upon the insurer for the person�s proof of loss, attempt to prove the loss or manner of proving the loss.

����� (2) If the insurance policy is fire insurance, notwithstanding any more restrictive requirement in the insurance policy, an insured must provide proof of loss within 90 days after receiving a form described in subsection (1) of this section.

����� (3)(a) As used in this subsection, �major disaster� means a state of emergency the Governor declares under ORS 401.165 that involves or threatens to involve widespread loss of life, injury to persons or property, human suffering or financial loss.

����� (b) Notwithstanding subsection (2) of this section and ORS 742.230, if an insured who holds a policy of personal insurance, as defined in ORS 746.600 (33)(b) and (c), experiences a total loss of the contents of a residence as a result of a major disaster and provides in documentation that the Director of the Department of Consumer and Business Services specifies by rule that the residence was furnished, that the loss occurred as a result of a major disaster in a location that was subject to a declaration of a state of emergency under ORS 401.165 and that the loss is directly related to the emergency that was the subject of the declaration, the insurer shall:

����� (A) Offer the insured a minimum of 70 percent, or a larger percentage upon which the insurer and insured agree, of the coverage the insured purchased previously for the contents of the residence without requiring the insured to submit a written inventory of the loss;

����� (B) Notify the insured that:

����� (i) Accepting the offer described in subparagraph (A) of this paragraph does not change the benefits available under the insurance policy; and

����� (ii) The insured may obtain more benefits by submitting a complete inventory of the loss;

����� (C) Disclose information about how the insurer determines the depreciated value of the contents of the insured property, if the insurer provides a depreciated value;

����� (D) Pay for any covered costs associated with removing debris not later than 60 days after receiving an invoice, receipt or other documentation that shows the date and cost of the removal, except that if a governmental agency removes the debris or is involved in removing the debris, the insurer may pay within a reasonable time; and

����� (E) Pay for any covered loss of trees, shrubs or landscaping within 30 days after receiving documentation of the loss, such as documentation from a reputable landscaping contractor, that shows the number and nature of the trees, shrubs or landscaping that was damaged or destroyed, unless:

����� (i) The insurer disputes the coverage; or

����� (ii) The insurer and insured agree that the insurer will pay the costs later in the claims process.

����� (c) If an insured submits an inventory of a loss described in paragraph (b) of this subsection with an amount that exceeds the amount the insurer offered under paragraph (b)(A) of this subsection, the insurer shall:

����� (A) Request any other information the insurer requires concerning the inventory not later than 30 days after receiving the inventory; and

����� (B) Pay within 30 days after receiving the inventory for any items the coverage, cost or condition of which the insurer does not dispute.

����� (4) The Director of the Department of Consumer and Business Services may adopt rules to carry out the purposes set forth in this section. [Formerly 743.093; 2023 c.85 �1]

����� 742.055 [1955 c.236 �1; 1965 c.611 �9; repealed by 1967 c.359 �704]

����� 742.056 Certain conduct not deemed waiver. Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of or estoppel to assert any provision of a policy or of any defense of the insurer thereunder:

����� (1) Acknowledgment of the receipt of notice of loss or claim under the policy.

����� (2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.

����� (3) Investigating any loss or claim under the policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [Formerly 743.096]

����� 742.058 Return of premium on destruction of property. (1) In the event of the total destruction of any insured property, if the total amount of loss or agreed loss is less than the total amount insured thereon, the insurer or insurers shall return to the insured the portion of insurance premium paid for the excess of the insurance over the loss. This amount shall be paid at the same time and in the same manner as the loss.

����� (2) This section does not apply to insurance on stocks of merchandise or property of fluctuating values where the reduced rate percentage clause is made a part of the policy. [Formerly

ORS 743.006

743.006; 2001 c.943 �7; 2015 c.88 �4]

����� 742.004 Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules. (1) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the Director of the Department of Consumer and Business Services, and except as provided in subsections (3), (4) and (5) of this section, an insurer is exempt from the requirement to file with the director rates or policy forms for the classes of insurance specified in subsection (2) of this section.

����� (2)(a) The following classes of insurance are subject to the exemption described in subsection (1) of this section:

����� (A) Surety insurance;

����� (B) Wet marine and transportation insurance;

����� (C) Boiler and machinery insurance;

����� (D) Environmental impairment and pollution insurance;

����� (E) Kidnap and ransom insurance;

����� (F) Political risk or expropriation insurance;

����� (G) Insurance for property with these characteristics:

����� (i) The owner or property manager demonstrates a willingness and determination to reduce the probability of a loss;

����� (ii) The owner or property manager conducts periodic and thorough specialized inspections and engineering for the purpose of preventing or minimizing loss;

����� (iii) The property has an insurable value sufficient for an insurer to charge a premium in an amount that warrants providing specialized inspection and engineering services;

����� (iv) The property has a structural design and degree of protection that, in combination with specialized inspection and engineering services, has the effect of reducing the need for or importance of publicly provided fire protection;

����� (v) The property�s construction uses fire resistant or incombustible heavy timber or similar materials that are well preserved and in good repair;

����� (vi) The property has fire protection or loss prevention equipment in all areas in which fire prevention or loss protection is necessary;

����� (vii) The owner or property manager provides security and alarm service or equivalent security services or equipment where necessary; and

����� (viii) Sufficient numbers of hydrants, hoses and equipment, an adequate water supply and other components of a private or publicly provided fire protection system exist to protect the property�s exterior; and

����� (H) Commercial lines insurance that the director exempts, other than coverage specified in subsection (4) of this section, for large commercial policyholders that pay an annual aggregate premium threshold amount or that meet other requirements the director specifies.

����� (b) An exemption for the classes of insurance described in paragraph (a) of this subsection applies whether the insurer provides the insurance as a stand-alone policy, as an endorsement or as part of other insurance coverage.

����� (3) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the director, and except as provided in subsections (4) and (5) of this section, the director by rule may exempt or amend the rate and form filing requirements for any commercial line of insurance if the director determines that:

����� (a) The requirement is not desirable or is not necessary to protect the public; and

����� (b) An exemption or amendment would enhance competition.

����� (4) The following classes of insurance are not exempt under subsection (1) of this section:

����� (a) Workers� compensation insurance;

����� (b) Medical malpractice liability insurance;

����� (c) Commercial automobile liability insurance;

����� (d) Coverage that an insurer issues under an assigned risk plan or through a residual market pool or residual market facility; and

����� (e) Insurance for a project, as defined in ORS 737.602.

����� (5) This section does not apply to any class or line of insurance that an insurer transacts with a consumer, as defined in ORS 746.600.

����� (6)(a) The director may publish a sample disclosure notice that an insurer may issue without needing to file the disclosure with the director for review or approval if the insurer issues the disclosure together with an insurance policy that is a claims-made insurance policy or a liability insurance policy that includes defense costs within the limits of liability.

����� (b) An insurer need not use the sample disclosure notice described in paragraph (a) of this subsection. An insurer that does not use the sample disclosure notice shall file the insurer�s proposed notice with the director for review and approval. If the director approves the insurer�s proposed notice, the insurer may issue the notice with all of the insurer�s claims-made insurance policies or policies that include defense costs within the limits of liability without submitting the notice to the director for further review or approval.

����� (7) The director may adopt rules to implement this section. [2017 c.492 �2]

����� Note: 742.004 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 742.005 Grounds for disapproval of policy forms. The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director�s approval:

����� (1) If the director finds it does not comply with the law;

����� (2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued;

����� (3) If, in the director�s judgment, its use would be prejudicial to the interests of the insurer�s policyholders;

����� (4) If the director finds it contains provisions which are unjust, unfair or inequitable;

����� (5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 is being used with respect to the form; or

����� (6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged:

����� (a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 as exempt from the application of ORS 743.405 to 743.498 and 743A.160;

����� (b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005, including small employer group policies issued by health care service contractors; or

����� (c) Credit life and credit health insurance forms subject to ORS 743.371 to 743.380. [Formerly

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)