Special provisions on permit and inspection fees; notice from insurer.

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(2) Notwithstanding ORS 480.595 and except as provided in this subsection, the installing, altering or repairing contractor or the owner or user of any boiler or pressure vessel that is inspected under ORS 480.570 (1) or (2) shall pay an installation permit fee of $40 and an operating permit fee of $40. The Department of Consumer and Business Services may establish operating permit cycles by rule. The department may require payment of an installation or operating permit fee as provided in ORS 480.595 if the department finds that the boiler or pressure vessel is in violation of the minimum safety standards.

(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company will no longer insure a boiler or pressure vessel, or that insurance on a boiler or pressure vessel is no longer in force, the insurance company shall also notify the chief boiler inspector, in a form and manner prescribed by the chief boiler inspector, of the description and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 90 days after the billing date, the department may consider the fee delinquent and double the amount of the 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; 2009 c.696 §18]


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