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OAR Chapter 837 

Division 40 
OREGON ADMINISTRATIVE 

RULES COMPILATION 

2010 EDITION - VOLUME 18 

The Oregon Administrative Rules Compilation contains the administrative rules filed through 

November 13, 2009. This annual publication is updated monthly by the on-line Oregon Bulletin. 

Please refer to the OAR Cumulatiye Index in the on-line Oregon Bulletin for a current listing of 

rulemaking actions.. ,". - . ,' 

Published by , ' 

KATE BROWN. 

Secretary of State 

Copyright 2010 Oregon Secretary of State 
Chapter 837 Department of State Police, Office of State Fire Marshal 

(a) The Assistant to the State Fhe Marshal who took the enforcement action which was appealed must be available and prepared to participate in the appeals process; 

(b) The State Fire Marshal must pursue and present the state 

through the appeals process; and 

(c) The State Fire Marshal must determine what, if any, orders 

are to be issued and/or penalties are to be assessed. 

Stat. Auth.: ORS 476.030 

Stats. Implemented: ORS 476.070 

Hist.: FM 5-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 9-2000, f. & cert, ef, 8-22-

00; OSFM 4-2008, f, & cert, ef 7-2-08 

837-039-0110 

Certification and Training Requirements for Plan Review 

(1) These rules estabUsh standards for certification of fire officials who review plans for input to a building official for new construction, alterations, and specifications from a Fire Code approved by 

the State Fire Marshal. 

(2) All fire officials who review plans for new construction, alterations, and specifications must obtain an ICC Fire Inspector II said ICC 

Fire Plans Examiner certification or equivalent certification approved 

by the State Ffre Marshal. 

(3) Fire Officials who review plans only for fire department 

access and fire protection water supplies must successfully complete 

the State Fire Marshal's Fire and Life Safety Awareness courses on fire 

department access, water supply, and fire flow. 

(4) All fire chiefs and every assistant to the state fire marshal 

meeting the definition under ORS 476.060 must complete the state fire 

marshal's Fire and Life Safety Awareness course module 1, Scope of 

Authority and Assembly Group A Occupancies. 

(5) The State Fire Marshal must maintain a roster of ICC Fire 

Inspector II and ICC Fire Plans Examiner certified fire officials. A current list of ICC Fire Inspector II and ICC Fire Plans Examiners certified fire officials are provided to each building jurisdiction annually. 

Certifications must be maintained to continue participation in the plan 

review process. 

[Publications: Publications referenced are available from the agency.] 

Stat, Auth,: ORS 479,165 

Stats, Implemented: ORS 479,165 

Hist,: FM 3-1994, f, & cert, ef, 3-1-94; OSFM 9-2000,f, & cert, ef 8-22-00; OSFM 

8-2006 f & cert, ef, 5-22-06; OSFM 4-2008, f. & cert, ef 7-2-08 

837-039-0120 

Certification and Training Requirements for Conducting Fire 

Code Enforcement 

(1) These rules estabUsh statewide standards for certification and 

training requirements of fire officials responsible for administration of 

a Fire Code approved by the State Fire Marshal. 

(a) Every person who performs fire code enforcement must possess an Oregon Fire and Life Safety Competency Recognition certificate for the scope of work being performed. 

(A) Company Inspector certificate for fire officials performing 

fire code enforcement at this scope of practice. Fire officials have until 

January 1,2009 to comply with die Oregon Fire and Life Safety Competency certificate provisions; 

(B) Fire and Life Safety Specialist I certificate for fire officials 

whose scope of practice is equivalent to DPSST's NFPA Fhe Inspector I. Fire officials have until July 1,2010 to comply with the Oregon 

Fire and Life Safety Competency certificate provisions; 

(C) Fire and Life Safety Specialist II certificate for fire officials 

whose scope of practice is equivalent to DPSST's NFPA Fire Inspector n. Fire officials have until January 1,2011 to comply with the Oregon Fire and Life Safety Competency certificate provisions; 

(D) Fire Marshal certificate for fire officials whose scope of practice is equivalent to DPSST's, NFPA Fire Inspector HI. Fire officials 

have until July 1,2011 to comply with the Oregon Fire and Life Safety Competency certificate provisions. 

(b) Every person who is transitioning between recognition levels or newly hired must receive the necessary on-the-job training experience and related technical instruction under the direct supervision of 

an appropriately recognized fire official. 

(A) When the fire code official determines that a newly promoted or hired fire official responsible for fire code enforcement are fully 

qualified to perform the duties of a Fire and Life Safety SpeciaUst I, 

Fire and Life Safety Specialist n, or Fue Marshal, the newly hired fire 

official may work independently without direct supervision. 

(B) The newly promoted or hired fire official responsible for fire 

code enforcement must meet the requirements of OAR 837-039-0120 

(l)(a) within 12 months from date of hire. 

(2) All persons who seek to perform the scope of practice of a 

Company Inspector must successfully complete the State Fire Marshal's course Company Inspection. 

(3) All persons who seek to perform the scope of practice of a 

Fire and Life Safety SpeciaUst I, Fhe and Life Safety SpeciaUst II, or 

Fire Marshal must apply for the Oregon Fire and Life Safety Competency Recognition certificate as follows: Submit a Fire and Life 

Safety Competency Recognition application to the Office of State Fire 

Marshal. Include proof of certifications held and training completed. 

(4)(a) Fhe and Life Safety SpeciaUst I, Fhe and Life Safety SpeciaUst n, and Fire Marshal certificates expire three years from the issue 

date, unless renewed. 

(b) The issue date is printed on all certificates. 

(5)(a) Fire officials who fail to renew their Fire ahd Life Safety 

SpeciaUst I, Fire and Life Safety Specialist II, or Fire Marshal certificates must not perform work within the respective scope of practice. 

(b) A fire official who fails to renew a competency recognition 

certificate may reapply for certification. Include with appUcation proof 

of certifications held and trainings completed. 

Stat. Auth.: ORS 476,030 (1) 

Stats, Implemented: ORS 476.030 

Hist.: OSFM 4-2008, f & cert, ef 7-2-08 

DIVISION 40 

FIRE AND LIFE SAFETY REGULATIONS 

837-040-0001 

Scope 

(1) The Intemational Fire Code and the Oregon amendments 

represent a total scope of regulation. 

(2) None ofthe individual chapters in the Intemational Fire Code 

and Oregon amendments are stand alone requirements. (Referenced 

pubhcations are available for review at the agency. See agency web site 

for information on where to purchase publications.) 

Stat. Auth,: ORS 476,030 

Stats, Implemented: ORS 476.030 

Hist.: FM 6-1992, f 6-15-92, cert, ef 7-15-92; OSFM 4-2004, f 3-26-04, cert, ef 

10-1-04; OSFM l-2006(Temp), f. 1-9-06 cert, ef 2-1-06 thru 7-28-06; OSFM 9-

2006,f& cert.ef 6-12-06; OSFM 13-2006,f 12-l-06,cert.ef 4-l-07;OSFM 10-

2008,f, 12-18-09, cert, ef 12-31-09 

837-040-0010 

Adoption of the Intemational Fire Code 

(1) The Oregon Fire Code is generally adopted evety three years 

coinciding with the pubUcation of a nationally recognized fire code. 

(2) Effective April 1,2007 the 2007 Oregon Fire Code is die 2006 

edition ofthe Intemational Fire Code, as pubUshed by the Intemational 

Code CouncU, and as amended by the Office of State Fhe Marshal. 

(Referenced pubhcations are available for review at the agency. See 

agency web site for information on where to purchase pubhcations.) 

Stat, Auth: ORS 476.030 

Stats. Implemented: ORS 476.030 

Hist,: FM 3-1986, f. & ef 3-11-86; FM 5-1986 (corrects FM 3-1986), f & ef 4-30-

86 & Renumbered from 837-040-0005, Sec, (3) Uniform Fire Code; FM 3-1989, 

f. 6-30-89, cert, ef 7-1-89; FM 6-1990, f & cert, ef 9-13-90; F)M 6-1992, f 6-15-

92, cert, ef 7-15-92; FM 2-1996, f. 1-22-96, cert, ef 4-1-96; OSFM 1-1998, f & 

cert, ef 4-30-98; OSFM 3-1998, f & cert, ef 9-30-98; OSFM 4-1999, f. 12-29-99, 

cert, ef 1-1-00; OSFM 3-2000, f. 4-1-00, cert, ef 5-1-00; OSFM 13-2000, f 10-3-

00, cert, ef 11-1-00; OSFM 9-2001, f 10-3-01, cert, ef 2-1-02; OSFM 4-2004, f 

3-26-04, cert, ef 10-1-04; OSFM 8-2004(Temp), f 12-29-04, cert, ef 1-3-05 thru 

6-30-05; OSFM 11-2005, f&cert.ef 6-27-05; OSFM l-2006(Temp),f 1-9-06 cert, 

ef 2-1 -06 thm 7-28-06; OSFM 9-2006, f & cert, ef 6-12-06; OSFM 13-2006, f. 12-

1-06, cert.ef 4-1-07 

837-040-0015 

Proposed Code Amendment Criteria 

(1) All proposed code amendments are submitted to the Office 

of State Fire Marshal in writing or on an agency approved form. 

(2) All proposed code amendments must provide justification and 

the particular circumstances requiring the amendment. 

(3) The Office of State Fire Marshal screens proposed code 

amendments to determine whether they substantially meet the requirements of OAR 837-040-0015(5). Proposed code amendments not 

2010 Edition 

Oregon AdministratiTe Rules Compilation 

18-53 (11-13-09) 
Chapter 837 Department of State Police, Office of State Fire Marshal 

substantially meeting the requirements of OAR 837-040-0015(5) may 

be retumed to the applicant with specific reasons included in the 

retumed application. 

(4) Proposed Code amendments that substantially meet the 

requirements of OAR 837-040-0015(5) will be reviewed by a fire code 

advisoty committee. Final approval or denial of the proposed code 

amendment will be at the discretion of the State Fire Marshal. 

(5) As requked by OAR 837-040-0015(2), a proposed code 

amendment must address, where applicable, whether or not the proposed code amendment: 

(a) Is necessaty to correct any unforeseen or probable outcomes 

resulting from the application of a code section, eind if so, why; 

(b) Is needed to protect the health, safety, welfare, comfort and 

security of occupants, emergency responders, and the public, and if so, 

why; 

(c) Corrects inadequate appUcation by a code section to a method, 

material or design, and if so, how; 

(d) Is necessaty to address unique geographic or climatic conditions within Oregon, and if so, why; 

(e) Is needed to eliminate conflicting, obsolete, or duplicative 

code provisions or standards between Oregon adopted codes, statutes 

or regulations, and if so, why; 

(f) Provides for the use of unique or emerging technologies, or 

promote advances in construction methods, devices, materials and 

techniques, and if so, how; 

(g) Any adverse fiscal impact or cost savings passed on to the 

general public, the construction industty, local and state governments, 

and small businesses. If applicable, an interested person must describe 

the added or reduced cost of a proposed code amendment, describe the 

adverse fiscal impact or cost savings in relation to the current Oregon 

Fire Code and include any standards of measure used to arrive at the 

result given. 

Stat. Auth.: ORS 476.030 

Stats. Implemented: ORS 476.030 

Hist.: OSFM 10-2008,f 12-18-09,cert.ef 12-31-09 

837-040-0020 

Amendments to the Oregon Fire Code 

(1) The Office of State Fire Marshal may amend the Oregon Fire 

Code approximately midway between pubhcations ofthe Intemational 

Fire Code based on proposed code amendments submitted for consideration by interested persons. 

(2) Any time between pubUcations of the international Fire Code, 

the Office of State Fire Marshal may initiate and adopt code amendments to the Oregon Fire Code, as circumstanced merit. 

(Referenced publications are available for review at the agency. See agency 

web site for infonnation on where to purchase publications), 

(3) Effective October 1,2008 the 2007 Oregon Fhe Code (OFC) 

is amended by the Office of State Fire Marshal as follows: 

(a) Amend Section 102.3 by replacing the words Fire Code Official with Building Code Official. 

(b) Amend Section 202, Defiiutions for Group M , Day Care 

FaciUties and R-3 Residential Occupancies. 

(c) Section 307.1.1. Delete wording that refers to, offensive or 

objectionable smoke or odor emissions, to eliminate a possible conflict with Oregon Department ofEnvironmental Quality (ODEQ) mles. 

(d) Amend Section 605.10 to delete references to heating elements and tip over switch in the Exception. 

(e) Amend Section 902.1, Definitions for Substantial Alterations 

and Substantial Damage to correlate with changes to the 2007 Oregon Structural Specialty Code (OSSC). 

(f) Delete Section 903.2.7.1 to correlate with changes to die 2007 

Oregon Stmctural Specialty Code (OSSC). 

(g) Amend and renumber Section 903.2.7.2 to correlate with the 

changes to the 2007 Oregon Structural Specialty Code (OSSC). 

(h) Amend Section 1019.2 and Table 1019.2 to correlate with the 

changes to the 2007 Oregon Structural Specialty Code (OSSC). 

(i) Add a new Section 1305 to correlate with the 2007 Oregon 

Mechaiucal Specialty Code (OMSC) for dust coUection. 

(j) Amend Appendix Section SR107.3 and SR 108.3.2 to correlate with the changes to the 2007 Oregon Structural Specialty Code 

(OSSC). 

(k) Amend Chapter 45, National Fire Protection Association 

(NFPA) Standards, to current editions as follows: 

NFPA 10 to the 2007 edition. Section 7.1.2.3 will be effective December 31, 

2009. NFPA 11 to the 2005 edition. NFPA 13,13R and 13D to Ihe 2007 edition, NFPA 14 to the 2007 edition. NFPA 40 to the 2007 edition. NFPA 58 

to the 2008 edition. NFPA 72 to the 2007 edition. NFPA 101 to the 2006 edition, NFPA 409 to the 2004 edition, 

[Publications: Publications referenced are available from the agency,] 

Stat. Auth: ORS 476.030 

Stats. Implemented: ORS 476.030 

Hist:OSFM l-2006(Temp),f 1-9-06cert.ef 2-1-06thru7-28-06;OSFM9-2006, 

f & cert, ef 6-12-06; OSFM 13-2006, f. 12-1-06, cert, ef 4-1-07; OSFM 6-2008, 

f 9-2-08,cert.ef 10-1-08;OSFM 10-2008,f 12-18-09,cen.ef 12-31-09 

837-040-0140 

Adoption of the Oregon Structural Specialty Code and Oregon 

Mechanical Specialty Code 

The fire and life safety provisions of the 2007 edition of the Oregon Structural Specialty Code and the 2007 edition of the Oregon 

Mechanical Specialty Code is hereby adopted as a standard for the purpose of evaluation of existing buildings. (Referenced publications are 

available for review at the agency. See Building Codes Division web 

site for information on where to purchase publications.) 

Stat. Auth.: ORS 476.030 

Stats. Implemented: ORS 476.030 

Hist.: OSFM 1-1998, f & cert, ef 4-30-98; OSFM 9-2001, f 10-3-01, cert, ef 2-

1-02; OSFM 4-2004, f 3-26-04, cert, ef 10-1-04; OSFM l-2006(Temp), f 1-9-06 

cert, ef. 2-1-06 thru 7-28-06; OSFM 9-2006, f, & cert,ef, 6-12-06; OSFM 13-2006, 

f 12-1-06, cert, ef 4-1-07 

DIVISION41 

FIRE PROTECTION REGULATIONS RELATING 

TO EXISTING NON-CONFORMING, fflGH 

LIFE HAZARD FACILITIES 

Exitway Protection 

837-041-0050 

Protection of the Means of Egress — General Provisions 

(1) "High Life Hazard" definition: For the purpose of this rule, 

a "high life hazard" is any condition, or combination of conditions, 

where a reasonable adequate level of exiting safety has not been provided for the building occupants in the event of a fire or fire-related 

emergency. 

(2) All existing buildings and structures (other than institutional, group care and single family dwelling occupancies) which constitute a high hazard to the occupants in the event of a fire or fire-related emergency shall provide a reasonable adequate level of exiting 

safety through substantial compliance with the requirements for new 

constmction under the 2007 Edition of Oregon Structural Specialty 

Code, or any of the following methods or combinations thereof which 

the State Fire Marshal or deputy approved for the building or structure: 

(a) A partial automatic sprinkler system as specified in N.F.P.A. 

Standard No. 13,2002, installed throughout the complete exit system 

and inside evety unprotected opening into the exit system. The sprinkler system shall be fitted with a swing check valve on the supply side 

and a fire department connection, except that the fire department connection may be omitted when waived by the authority having jurisdiction. A water flow detection device shall be installed that sounds 

an alarm on the premises or when a building has a fire alarm system, 

it is connected into the building fire alarm system. 

(b) An automatic smoke detection system engineered specifically 

for Ufe safety and early waming, installed throughout the premises as 

specified m N.F.P.A. Standard No. 72 2002 Edition. Heat detectors 

may be installed in place of smoke detectors in mechanical service 

rooms, storage rooms, kitchens, custodial closets, and areas not normally occupied or traversed by people. Fire detection system(s) shall 

be interconnected with the building evacuation fire alarm system. 

EXCEPTION: In Group E Occupancies, detectors shaU not be required in 

classrooms normally under the direct supervision of a staff member unless 

required by other Oregon Revised Statutes or Oregon Administrative Rules. 

(c) An approved direct means of egress from each room opening 

to the outside at ground level. Direct exterior exits shall consist of 

doors, landings, and necessaty stairs or ramps complying with the 

2007 Edition ofthe Oregon Stmctural Specialty Code. 

(d) Any other plan submitted by the owner, lessee, agent, or occupant and certified by a registered architect or engineer of the State of 

Oregon of reasonably adequate expertise in fire and life safety, which 

2010 Edition 

Oregon Administrative Rules Compilation 

18-54 (11-13-09)