justicedao/ipfs_state_laws huggingface dataset:
837-042-1200 Membership (1) The Oregon Fire Code Advisory Board shall consist of members broadly representative of the industries, associations, and professions involved in the development and implementation of the Oregon Fire Code and Oregon Structural Code, including: (a) A representative of the Oregon Fire Chiefs Association; (b) Two representatives of the Oregon Fire Marshals Association; (c) A representative of the Oregon Building Codes Division; (d) A design professional; (e) A representative of business or industry; and (f) A public member at large. (2) Applying for an appointment to the Oregon Fire Code Advisory Board. (a) Board members from stakeholder groups may serve two consecutive 3-year terms; however, initial terms may be adjusted to ensure board stability. (b) An interest form must be submitted to the Department of the State Fire Marshal in order to be considered for an appointment to the board. (c) Any interested person may submit a completed interest form to the Department of the State Fire Marshal in order to apply for an appointment to the Oregon Fire Code Advisory Board. (d) Interest forms are available on the Department of the State Fire Marshal website or by email upon request. (e) Completed interest forms will be kept on file for a period of two years for future consideration. Interest forms will be destroyed after two years have elapsed from the date the form was received by the Department of the State Fire Marshal. (f) The Department of the State Fire Marshal will acknowledge receipt of each completed interest form. (3) Vacancies. (a) A vacancy exists when a board member subject to this rule completes the term for that position: resigns; becomes incapacitated, or is otherwise incapable of performing the duties of a member; has been removed from the appointment for just cause; is not reappointed; is no longer employed in the position that the appointment represents; or is no longer affiliated with the association or organization that the appointment represents. (b) Any vacancy subject to this rule will be filled in the same manner as an initial appointment. (c) The Department of the State Fire Marshal will work in consultation with the employer, association or organization that the vacancy represents to identify a replacement member. The employer’s, association's, or organization’s recommendation will be forwarded to the board administrator for consideration and recommendation to the full board. (4) The board’s decisions regarding an appointment to an Oregon Fire Code Advisory Board are final and are not subject to appeal. (5) The chairperson or board administrator of the board may remove an appointed member for just cause. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 43-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020
837-045-0040 Purpose and Scope The purpose of these rules is to establish safety requirements for the installation and maintenance of smoke alarms and smoke detectors in existing buildings, and to establish standards and procedures for the enforcement of those requirements, for the protection of Oregon residents from fire. Statutory/Other Authority: ORS 479.255 & 479.295 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0050 Installation and Location of Smoke Alarms and Smoke Detectors (1) All smoke alarms or smoke detectors shall be installed and located in accordance with the listing and manufacturer’s instructions and OAR 837-045-0045 through 837-045-0060. (2) Dwelling Units: (a) Smoke alarms and smoke detectors in dwelling units shall be installed in each sleeping room as per the applicable requirements of the State Building Code at the time of construction and in the corridor or area giving access to sleeping areas according to the manufacturer’s instructions. Where sleeping areas are located on an upper level, the smoke alarm or smoke detector shall be installed in an accessible location as close as practical to the center of the ceiling directly over the stairway. Where sleeping areas are widely separated (i.e., on different levels or opposite ends of the dwelling unit) and/or where a single smoke alarm or smoke detector will not adequately service all sleeping areas, a smoke alarm or smoke detector shall be installed adjacent to each sleeping area. (b) When activated, the installed smoke alarm(s) or smoke detector(s) shall produce an alarm sound audible in the dwelling unit, guestroom(s) and sleeping area(s). (3) Efficiency Dwelling Units, Lodging Houses and Hotels: (a) In an efficiency dwelling unit, lodging house guestroom or hotel room or suite, the smoke alarm or smoke detector shall be installed on the ceiling or a wall of the main room or sleeping area. (b) When activated, the smoke alarm(s) or smoke detector(s) shall produce an alarm sound audible in the main room and sleeping area(s). Statutory/Other Authority: ORS 479.255 & 479.295 Statutes/Other Implemented: ORS 479.250 - 479.300 History: OSFM 5-2002, f. 3-26-02, cert. ef. 4-1-02 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0055 Hotels with Approved Sprinkler Fire Suppression Systems Hotels that have installed an approved sprinkler fire suppression system are exempt from the requirements of ORS 479.257(1). Statutory/Other Authority: ORS 479.257 & 479.295 Statutes/Other Implemented: ORS 479.250 - 479.300 History: OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0060 Power Source (1) The power supply of a smoke alarm shall be a commercial power source, an integral battery or batteries or a combination of both. The power supply for a smoke detector shall be a commercial power source. (2) When a smoke alarm or smoke detector is served from a commercial power source, the wiring shall be permanent and shall not have a disconnecting switch other than that required for over current protection. (3) When a line cord and plug is used, it shall be plugged directly into a fixed outlet box and the plug shall be secured by a device that cannot be removed without the use of a tool. (4) The owner of a dwelling unit, lodging house or hotel shall obtain a permit from the local building official for the installation of a 110-volt smoke alarm or a low-voltage smoke detector connected to a fire alarm control panel. Statutory/Other Authority: ORS 479.255 & 479.295 Statutes/Other Implemented: ORS 479.250 - 479.300 History: OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0065 Smoke Alarms for Hearing Impaired Persons or Smoke Detectors for Hearing Impaired Persons (1) Smoke alarms for hearing impaired persons or smoke detectors for hearing impaired persons shall meet: (a) The requirements of ORS 479.250 to 479.300, except 479.297; (b) The applicable requirements of the State Building Code under OAR 918-460-0010 in effect on October 1, 2000; and (c) OAR 837-045-0040 to 837-045-0110. (2) If a hotel requires a guest to pay a refundable deposit for providing a smoke alarm for hearing impaired persons, the amount of the deposit shall not exceed 50 percent of the purchase price of the smoke alarm. (3) A hotel shall provide a printed notice pursuant to ORS 479.255(5) and in accordance with the following requirements: (a) The notice shall be printed or typed and the printed or typed wording shall be a contrasting color to the background color of the notice; (b) The notice shall be a contrasting color to the surface on which the notice is mounted; (c) The notice shall state, “Smoke alarms or smoke detectors for hearing impaired persons are available upon request” or other appropriate wording as may be specifically approved by the State Fire Marshal or local fire authority. (d) If the notice is posted at the place of registration, the notice shall be posted in such a manner that it is readily visible and legible from the public side of the registration desk or counter. Statutory/Other Authority: ORS 479.255 & 479.295 Statutes/Other Implemented: ORS 479.250 - 479.300 History: OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0070 Issuance of Notice of Deficiency Citations (1) The State Fire Marshal or local fire authority may issue a notice of deficiency citation for a violation under ORS 479.990(6) or the rules adopted thereto. (2) Each separate instance of non-compliance under ORS 479.990(6) or the rules adopted thereto shall be considered a separate violation. (3) A notice of deficiency citation may be issued for each separate violation under ORS 479.990(6). (4) A notice of deficiency citation shall be on a form approved by the Department of the State Fire Marshal. (5) For violations of ORS 479.255, 479.260, 479.270 or 479.280 or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the owner of the dwelling unit, lodging house or hotel. (6) For violations of ORS 479.297, or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the owner or employee selling a smoke alarm in violation of ORS 479.297. (7) For violations of ORS 479.300, or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the person believed to have removed or tampered with a properly functioning smoke alarm or smoke detector. (8) The State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation by: (a) Personal service; (b) Service by certified mail; or (c) Service by regular mail. (9) Upon presenting a copy of the notice of deficiency citation under OAR 837-045-0070(5) through (8), the State Fire Marshal or local fire authority shall retain all remaining copies of the notice of deficiency citation until the re-inspection of the premises. (10) After 10 days have passed from the date the notice of deficiency citation was issued, the State Fire Marshal or local fire authority shall: (a) Re-inspect the premises; and (b) Complete the “Re-Inspection of Premises” section of the notice of deficiency citation. (11) Issuance of a notice of deficiency citation under this rule shall have no effect on the use of a uniform citation under ORS Chapter 153 for offenses subject to ORS Chapter 153. Statutory/Other Authority: ORS 479.280, 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 41-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0075 Forwarding Notice of Deficiency Citation to the Department of the State Fire Marshal (1) Upon re-inspection of the premises and completion of the notice of deficiency citation under OAR 837-045-0070(10), the State Fire Marshal or local fire authority shall: (a) Retain a copy of the notice of deficiency citation for its records; and (b) Forward the original notice of deficiency citation to the Department of the State Fire Marshal within ten days of the re-inspection. (2) If applicable, each notice of deficiency citation forwarded to the Department of the State Fire Marshal shall be accompanied by a copy of the issuing authority’s written report, inspection sheets, Fire District Property Report, or evidence receipt — Form #920-021-06, or any other forms that the issuing authority completes during the process of issuing notice of deficiency citations and/or re-inspecting the premises. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 479.280, 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 40-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0080 Assessment of Civil Penalty and Issuance of Notice of Civil Penalty (1) Upon receipt and review of a notice of deficiency citation and, if applicable, any accompanying documentation, the Department of the State Fire Marshal may assess a civil penalty(ies). (2) The Department of the State Fire Marshal shall assess a penalty amount determined by the Department of the State Fire Marshal to be appropriate for the particular violation(s). In determining an appropriate penalty amount, or whether to assess a penalty amount at all, the Department of the State Fire Marshal may use the schedule set forth in OAR 837-045-0085 as a guideline and may consider the following criteria: (a) The severity of the violation(s) or its impact on public safety; (b) The number of similar or related violations; (c) Whether the violation(s) was willful or intentional; (d) The prior history of penalties imposed by the Department of the State Fire Marshal against the person; (e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation(s). (3) Upon assessment of the civil penalty(ies), the Department of the State Fire Marshal shall issue a notice of civil penalty pursuant to the provisions of ORS 183.090. (4) The Department of the State Fire Marshal shall: (a) Retain the original notice of civil penalty; (b) Serve a copy of the notice of civil penalty pursuant to ORS 183.090. (5) The Department of the State Fire Marshal may mail a copy of the notice of civil penalty to the authority that issued the notice of deficiency citation. (6) If the Department of the State Fire Marshal does not assess a civil penalty, the Department of the State Fire Marshal may: (a) Mail a certified letter to the person against whom the notice of deficiency citation was issued that notifies the person that the Department of the State Fire Marshal will not assess a civil penalty for the violation(s) described in the notice of deficiency citation; and (b) Mail a copy of the letter to the authority that issued the notice of deficiency citation. Statutory/Other Authority: ORS 479.280, 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 39-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0085 Schedule of Civil Penalties (1) The Department of the State Fire Marshal adopts this civil penalty schedule. As used in this rule, a violation will be considered a second or subsequent violation if the person against whom the civil penalty is assessed was notified verbally or in writing within three previous years of the occurrence of the same or a substantially similar violation, and was given an opportunity for hearing on the previous alleged violation. (2) Failure to comply with any provisions of the statutes cited in ORS 479.990(6), or the rules adopted thereto, may be punishable by a civil penalty as follows: (a) For first violation: $50; (b) For second violation: $100; (c) For third or subsequent violation(s): $250. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 38-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0090 Contested Cases (1) A person may request a hearing regarding the assessment by the Department of the State Fire Marshal of a civil penalty, subject to the requirements of ORS 183.090. (2) A request for hearing shall be timely filed. (3) A request for hearing is timely filed when the request is postmarked or received at the Department of the State Fire Marshal within 20 days from the date of service of the notice of civil penalty. (4) The 20-day deadline shall be computed by excluding the date of the notice of civil penalty and including the 20th day. If the 20th day falls upon any legal holiday, Saturday or Sunday, the 20th day shall be the following work day. (5) If a request for hearing is not timely filed under sections (3) and (4) of this rule, the person shall have waived the right to a contested case under ORS Chapter 183.090. (6) A person may write to or call the Department of the State Fire Marshal to informally discuss the assessment of a civil penalty; however, an informal communication shall not extend the 20-day deadline by which a request for hearing must be made. (7) A contested case may include: (a) An informal conference; and/or (b) A formal hearing. (8) A contested case shall be conducted pursuant to the provisions of ORS 183.090 and the rules adopted thereto. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 37-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0095 Informal Conference (1) The Department of the State Fire Marshal may provide an opportunity for an informal conference. (2) A request for an informal conference may be made verbally or in writing; and shall: (a) Be made or addressed to the Department of the State Fire Marshal; and (b) Clearly state the issue(s) to be discussed. (3) If the Department of the State Fire Marshal and the party(ies) agree, an informal conference may be held by telephone. (4) After an informal conference, the Department of the State Fire Marshal may amend, withdraw, or reduce a civil penalty. Such action shall be taken in accordance with the Administrative Procedures Act (APA), ORS 183.025 to 183.725, and the rules adopted thereto. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 36-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0100 Formal Hearing (1) A person may file a written request for hearing before or after an informal conference, at any time before the 20-day deadline for filing such a request expires. (2) The Department of the State Fire Marshal shall arrange for a hearings officer to conduct the formal hearing. (3) The Department of the State Fire Marshal shall set a date, time, and location for the formal hearing. (4) A formal hearing shall be conducted pursuant to ORS 183.090. (5) The Department of the State Fire Marshal may mail certified a copy of the final order to the fire authority that issued the notice of deficiency citation within ten days of signing of the final order. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 35-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0105 Adjustment of Civil Penalty (1) At any time during a contested case, and prior to the issuance of a final order, the Department of the State Fire Marshal may mitigate the civil penalty amount and may agree to payment of an amount less than that stated in the notice of civil penalty, after review of: (a) The criteria listed in OAR 837-045-0080(2); and (b) Any explanatory information provided to the Department of the State Fire Marshal. (2) If the Department of the State Fire Marshal adjusts a civil penalty, the Department of the State Fire Marshal shall issue an amended notice of civil penalty. (3) The Department of the State Fire Marshal shall: (a) Retain the original amended notice of civil penalty; (b) Serve a copy of the amended notice of civil penalty on the person against whom the civil penalty was assessed. (4) The Department of the State Fire Marshal may mail a copy of the amended notice of civil penalty to the authority that issued the notice of deficiency citation. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 34-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-045-0110 Payment of Civil Penalty A civil penalty shall be paid to the Department of the State Fire Marshal within ten days after an order assessing a civil penalty becomes final by operation of law or on an appeal. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990 History: OSFM 33-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00
837-046-0000 Purpose and Scope (1) The purpose of these rules is to implement the standards, policies and procedures pertaining to the regulation of novelty lighters by the Department of the State Fire Marshal (OSFM). (2) The scope of these rules applies to the implementation of 2009 HB 2365, relating to novelty lighters. Statutory/Other Authority: 2009 HB 2365 Statutes/Other Implemented: 2009 HB 2365 History: OSFM 32-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09 OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09
837-046-0020 Effective Dates OAR 837-046-0000 through 837-046-0180 are effective upon the date of filing. Statutory/Other Authority: 2009 HB 2365 Statutes/Other Implemented: 2009 HB 2365 History: OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09 OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09
837-046-0040 Definitions For the purpose of these rules, the following definitions apply to OAR 837-046-0000 through 837-046-0180: (1) “Audio effects” means music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of a lighter. (2) "Authorized Representative of the State Fire Marshal" means an employee of the State Fire Marshal, as well as Assistants to the State Fire Marshal as defined in ORS 476.060. (3) “Distribute” means to: (a) Deliver to a person other than the purchaser; or (b) Provide as part of a commercial promotion or as a prize or premium. (4) “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution or retail sales point outside this state, for the purpose of selling or distributing the lighter within this state or with the result that the lighter is sold or distributed within this state. (5) “Lighter” means a handheld device of a type typically used for igniting tobacco products by use of a flame. (6) “Manufacturer” means a person or business that makes lighters by hand or by machine. (7) “Misleading design” means a lighter that has a shape that resembles or imitates an object other than a lighter. Misleading design applies to lighters of all types and includes lighters that resemble or imitate: (a) Cartoon characters, figurines or action figures; (b) Toys or game pieces; (c) Musical instruments; (d) Vehicles; (e) Animals; (f) Human body parts; (g) Food, beverages or food or beverage packages; (h) Weaponry; (i) Furniture; (j) Sports equipment; (k) Holiday decoration; (l) Tools; or (m) Household products. (8) “Novelty lighter”: (a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age. (b) Does not mean: (A) A lighter manufactured before January 1, 1980; (B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or (C) A lighter with only logos, decals, decorative artwork or heat-shrinkable sleeves. (9) "Retail dealer" means a person, other than a manufacturer or wholesale dealer that engages in distributing novelty lighters. (10) “Sell” means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration. (11) “Visual effect”means flashing lights, color-changing lights and changing images. Visual effect does not mean a continuous LED light used as a flashlight. (12) "Wholesale dealer" means a person that distributes novelty lighters to a retail dealer or other person for resale. Statutory/Other Authority: 2009 HB 2365 Statutes/Other Implemented: 2009 HB 2365 History: OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09 OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09