Special provisions on permit and inspection fees
- • notice from insurer
(1) The operating permit fee established under ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations), for a quantity of boilers or pressure vessels available for inspection at the same location, shall be fixed by the Board of Boiler Rules at cost, in accordance with the time required to conduct the inspection and the inspector’s mileage to the place of inspection. The operating permit fee charged for a quantity of boilers or pressure vessels available for inspection at the same location may not exceed the total amount that would be charged for individual boiler or pressure vessel operating permit fees under ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations).
(2)(a) Notwithstanding ORS 480.595 (Permits), except as provided in this subsection, the owner or user of any boiler or pressure vessel that is to be inspected under ORS 480.570 (Inspections by special inspectors or others) (1) or (2) during the inspection period shall pay to the Department of Consumer and Business Services a special permit fee of $25. However, the department may require payment of an operating permit fee as provided in ORS 480.595 (Permits) if the department finds the boiler or pressure vessel to be in violation of the minimum safety standards during the inspection period.
(b) For a quantity of boilers or pressure vessels inspected at the same location, the board may establish a different special permit fee that recognizes the lower costs of handling. The special permit fee charged for a quantity of boilers or pressure vessels inspected at the same location may not exceed the total amount that would be charged for individual boiler or pressure vessel special permit fees under paragraph (a) of this subsection.
(3) If an insurance company notifies its insured that the insurance company will no longer insure a boiler or pressure vessel, or that insurance on a boiler or pressure vessel is no longer in force, the insurance company shall also notify the chief boiler inspector, in a form and manner prescribed by the chief boiler inspector, of the description and vessel registration numbers of the boilers or pressure vessels for which insurance is canceled or suspended or is not to be renewed.
(4) If an owner or user of a boiler or pressure vessel fails to pay any fee required by this chapter within 60 days after the date of depositing written notification in the United States mail, postage prepaid, and addressed to the last-known address of the owner or user, the fee is delinquent and shall be increased by an amount equal to 50 percent of the original fee. The court may award reasonable attorney fees to the department if the department prevails in an action to collect a fee required by this chapter. The court may award reasonable attorney fees to a defendant who prevails in an action to collect a fee required by this chapter if the court determines that the department had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [1961 c.485 §21; 1967 c.447 §4; 1969 c.582 §17; 1973 c.830 §7; 1973 c.832 §18b; 1974 c.36 §18; 1981 c.566 §3; 1981 c.897 §57; 1983 c.676 §17; 1991 c.201 §4; 1991 c.518 §18; 1995 c.696 §25; 1999 c.711 §1; 2007 c.487 §10]
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