justicedao/ipfs_state_laws huggingface dataset:
837-110-0075 Traffic Safety The person responsible for the acreage being burned shall provide signage and trained flaggers for traffic safety. The person responsible: (1) May allow a field to burn next to a state highway without designated buffer zones or next to an arterial route as long as there are trained flaggers and warning signage on the road at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. Burning may occur next to a state highway without designated buffer zones or an arterial route only if there are no combustibles or brush between the edge of the field and the highway or route. (2) May allow a field to burn next to a rural collector road as long as there is signage on the road at both ends of the field informing drivers that burning is occurring ahead and they should be prepared to stop. Trained flaggers shall be available in the vicinity to immediately respond with flagging signs to the road at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. Burning may occur along a rural collector road only if there are no combustibles or brush between the edge of the field and the rural collector road. (3) May allow a field to burn next to a rural local service road as long as there is signage on the road at both ends of the field informing drivers that burning is occurring ahead. Trained flaggers shall be available to be on the road with flagging signs at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. NOTE: For purposes of these rules, state highway, arterial routes and collector roads are defined by the Federal Highway Administration and the Oregon Department of Transportation. Before burning a field, contact your county road authority for road designation and county regulations. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
837-110-0080 Fire Safety Buffer Zones A fire safety buffer zone shall parallel both sides of all highways and roadways within the scope and application of these rules. The buffer zone shall extend 1/2 mile in a perpendicular direction from the outer edge of each highway or roadway right-of-way. No field burning shall be allowed in fire safety buffer zones except as provided in sections (1) and (2) of this rule: (1) Interstate Highways west of the crest of the Cascade Range, south to the Douglas/Lane County lines: (a) Field burning may be permitted in the fire safety buffer zone only where a 1/4-mile-wide noncombustible ground surface is provided between the field to be burned and the nearest edge of the freeway right-of-way. Noncombustible ground surfaces shall meet the criteria described in section (3) of this rule; (b) The 1/4-mile noncombustible ground surface shall extend 1/4 mile each direction beyond the permitted field boundaries parallel to the freeway right-of-way. (2) Other Roadways: (a) Field burning may be permitted in the fire safety buffer zone only where a 1/8-mile-wide noncombustible ground surface is provided between the field to be burned and the nearest edge of the highway right-of-way. Noncombustible ground surfaces shall meet the criteria described in section (3) of this rule; (b) The 1/8 mile noncombustible ground surface shall extend 1/8 mile in each direction beyond the permitted field boundaries parallel to the highway right-of-way; (c) The designated roadways to which this section applies are: (A) ORE 99 — The section from Junction City to Eugene; (B) ORE 99E — The sections from Oregon City to Salem and from Albany to Junction City; (C) ORE 99W — The entire section from Portland to Junction City; (D) US 20 — The section from Philomath to Lebanon; (E) ORE 22 — The section from ORE 18 to Mehama; (F) US 26 — The section from ORE 47 interchange to Portland; (G) ORE 34 — The section from Corvallis to Lebanon. (3) Noncombustible ground surfaces mentioned in subections (1)(a) and (b) and (2)(a) and (b) of this rule may be provided by planting a noncombustible ground cover approved by the State Fire Marshal or by disking and plowing the surface. Other alternative methods may be recognized by the State Fire Marshal or designee. (4) The Department of the State Fire Marshal or designee with the concurrence of the Department of the State Fire Marshal may grant specific written approval: (a) Not to provide the extensions required by subsections (2)(a) and (b) of this rule, when natural barriers such as rivers or other noncombustible surfaces exists; or (b) For the use of alternative methods to provide the noncombustible ground surfaces required by subsections (1)(a) and (b) and (2)(a) and (b) of this rule. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 23-2023, minor correction filed 07/03/2023, effective 07/03/2023 FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0090 Ban on Burning All field burning shall be banned when any two of the following criteria are present: (1) Temperature of 95 degrees Fahrenheit or above; (2) Relative humidity of 30 percent or below; (3) Wind speed of 15 miles per hour or higher. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0110 Field Preparation— Propaning (1) Prior to propaning, all fields shall be prepared by providing a barrier around the perimeter free of combustible materials. (2) The barrier may be provided by green cover crop, bare earth, or other method(s) to prevent any fire spread, and shall be prepared by using one or more of the following methods: (a) Plowing or disking a 10-foot strip around the field perimeter; or (b) Plowing or disking a 5-foot strip around the field perimeter and removal of loose, combustible straw from a 12-foot strip immediately adjacent to the 5-foot strip; or (c) Retaining at least a 50-foot strip of green crop or bare earth in the immediately adjacent field(s) at the time of propaning; or (d) Having a 17-foot strip of green cover crop or bare earth; or (e) Other alternatives may be used with the specific written approval of the State Fire Marshal. (3) The barrier need not be provided where the perimeter of the field lies adjacent to a field that meets the provisions of this section. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0120 Firefighting Water Supplies When propaning acreage, the following safety measures shall apply: (1) At least one firefighting water tank vehicle meeting the equipment requirements of OAR 837-110-0120 through 837-110-0140 and which has a minimum water tank capacity of 200 gallons shall be on site. (2) If additional firefighting assistance is more than five minutes from a burn site within a fire safety buffer zone, or ten minutes otherwise, then water tank capacity mentioned in section (1) of this rule shall be raised to 500 gallons. (3) A means to refill the tanks mentioned in sections (1) and (2) of this rule shall be provided within a ten minute turn around time. EXCEPTION: Water tank vehicles of smaller capacity may be used provided the total gallonage capacity complies with the above. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0130 Firefighting Equipment The person(s) responsible for the acreage to be propaned shall use firefighting equipment that meets or exceeds the following standards: (1) All water tank vehicles shall be equipped with a pump in working order with a pumping capability of 30 gallons per minute or more and capable of extinguishing a flame at a distance of at least 40 feet. (2) All required water tank vehicles shall be adequately staffed to assure proper operation. It is recommended that at least two employees who have received basic safety training be assigned to each firefighting vehicle. (3) All water tanks shall be filled to 90 percent of their capacity prior to ignition of the field. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0140 Communication The ability to call for assistance and summon help from an appropriate emergency response agency shall be maintained at all times by phone or radio communications between all firefighting equipment used in the burning of the fields and a constantly staffed base station or home with phone access. Statutory/Other Authority: ORS 476 & 478 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0150 Fire Safety Watch A fire watch: (1) Shall begin following the propaning of the field and continue for at least 30 minutes after completion. However, the fire watch shall not leave until it is confirmed that the fire and all smoke sources are completely out. (2) Shall consist of at least one firefighting vehicle with at least a 200 gallon water tank, which is manned and equipped as stipulated in OAR 837-110-0020, 837-110-0030, and 837-110-0060. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03 FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0155 Traffic Safety The person responsible for the acreage being burned shall provide signage and trained flaggers for traffic safety. The person responsible: (1) May allow a field to burn next to a state highway without designated buffer zones or next to an arterial route as long as there are trained flaggers and warning signage on the road at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. Burning may occur next to a state highway with out designated zones or an arterial route only if there are no combustibles or brush between the edge of the field and the highway or route. (2) May allow a field to burn next to a rural collector road as long as there is signage on the road at both ends of the field informing drivers that burning is occurring ahead and they should be prepared to stop. Trained flaggers shall be available in the vicinity to immediately respond with flagging signs to the road at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. Burning may occur along a rural collector road only if there are no combustibles or brush between the edge of the field and the rural collector road. (3) May allow a field to burn next to a rural local services road as long as there is signage on the road at both ends of the field informing drivers that burning is occurring ahead. Trained flaggers shall be available to be on the road at both ends of the field during the time that the burning is occurring, in order to assure driver safety and stop or divert traffic if necessary. NOTE: For purposes of these rules, state highway, arterial routes and collector roads are defined by the Federal Highway Administration and the Oregon Department of Transportation. Before burning a field, contact your county road authority for road designation and county regulations. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
837-120-0001 Purpose and Scope (1) These rules establish criteria and provisions for the implementation of a statewide hazardous materials emergency response system. (2) These rules shall be used to assist and provide direction for the petrochemical transport industry, owners of facilities, government officials, and officers of the court in the interpretation and application of ORS 453.374 through 453.390. (3) These rules are intended to be consistent with contracts entered into by the State of Oregon, and regional and limited hazardous materials emergency response teams. (4) These rules also provide for contract team operations and include, but are not limited to: (a) Provisions for coordinating team dispatch, duties, and responsibilities; (b) Criteria for the types of hazardous materials emergencies that qualify for regional or limited response team responses; (c) Establishment of fee schedules for computing the reimbursement of contractor team response costs arising from hazardous materials emergencies; and (d) Procedures for state recovery of emergency response costs from the person(s) responsible for causing a hazardous materials emergency. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0020 Hazardous Materials Response System and Response Team Contracts (1) The State Fire Marshal shall develop and implement a statewide hazardous materials emergency response system. (2) The statewide hazardous materials emergency response system shall focus on response activities and augment emergency response systems at local, state and national levels. (3) Emergency response(s) for hazardous materials incidents shall include: (a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release; (b) First aid, rescue or emergency medical services; and (c) Fire suppression, containment, confinement, or other actions appropriate to prevent, minimize or mitigate damage to public health, safety, welfare, property, or the environment which may result from a spill or release, or threatened spill or release, of a hazardous material if action is not taken. (4) The statewide hazardous materials emergency response system shall include provisions for contracts for regional and limited hazardous materials emergency response teams. (5) Regional and limited hazardous materials emergency response teams shall operate under the contract between the state and local government agencies. (6) Regional and limited hazardous materials emergency response team contracts shall include an applicable contract, together with all attachments, exhibits, and addenda, if any. (7) Contractor compensation shall generally include: (a) Specialized training for regional and limited response team members; (b) Costs associated with delivering program outreach; (c) Costs associated with team members participating in approved subcommittee activities; (d) Loans of state emergency response vehicles to contractors; (e) Loans of state emergency operations equipment to contractors; (f) Protection of regional and limited response team members from tort liability as set forth in ORS 453.384; (g) Recovery of team response costs on behalf of contractors; and (h) Payment of contractor’s team response costs under OAR 837-120-0090 when no payments are forthcoming from responsible person(s). (8) Except as specifically agreed to by agreement and contract, a contractor’s compensation will not include: (a) Personnel costs associated with non-emergency activities; or (b) Team response costs not directly arising from an actual or threatened release of a hazardous material or which do not otherwise qualify under section (7) of this rule. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0030 Emergency Response Criteria (1) Responses of regional and limited hazardous materials emergency response teams shall be controlled due to limited discretionary (State Spill Response Revolving Fund) operating monies. (2) Regional and limited response teams will only be dispatched when the reported incident meets the minimum response criteria described in the dispatch procedures in OAR 837-120-0040. (3) When minimum response criteria is not met (as described in the dispatch procedures in OAR 837-120-0040) the Department of the State Fire Marshal Duty Officer shall have final authority to determine whether an incident qualifies for a response by one or more regional or limited hazardous materials emergency response teams. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 21-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0040 Dispatch Process (1) Before a regional or limited response team may respond to an incident, an initial assessment or size-up of the emergency shall be made. (2) The initial assessment or size-up will usually be made by the agency having jurisdiction, either emergency spill responders, public safety agencies, local, state, federal, or tribal government officials (including team members), the county sheriff, or Oregon State Police personnel. (3) If, after making an assessment or size-up of the incident, the on-scene incident commander or unified command determines that the emergency involves a hazardous material spill or release and that it cannot be successfully controlled with local resources, the on-scene official may request assistance from the regional or limited response team in whose region the incident occurs. (4) The general boundaries of the primary response areas for regional hazardous materials emergency response teams are depicted on the map in which is available for viewing on the Department of the State Fire Marshal website. (5) Emergency response requests shall be directed to the appropriate regional hazardous materials emergency response teams. (6) If contact with the appropriate RHMERT dispatch center cannot be made, or if the incident occurs in an area outside of a primary response area, the requesting on-scene government official shall direct the response request to the Oregon Emergency Response System (OERS) at 1-800-452-0311 any time or day. (7) RHMERT contractors, when acting under state authority, may respond outside of their local jurisdiction in accordance with the criteria established by OAR 837-120-0030(2) and (3), or under specific written or verbal approval of the State Fire Marshal Hazardous Materials Duty Officer. (8) Granting of emergency response approval by the Department of the State Fire Marshal Duty Officer constitutes the State’s agreement to pay Contractor’s team expenses from the State Spill Response Revolving Fund if full recovery of emergency response costs from a responsible party(ies) is not possible under OAR 837-120-0090. (9) The State Fire Marshal’s emergency response approval may take the form of written Standard Operating Guidelines wherein the State Fire Marshal grants regional and limited response team contractor pre-authorization to respond to well-defined types of emergency incidents when time is of the essence. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 20-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0050 Regional and Limited Response Team Services (1) Regional and limited hazardous materials emergency response team activities shall be limited to emergency responses and the evaluation and documentation functions arising from hazardous materials emergency incidents which threaten life, property, or the environment. (2) State regional or limited response teams may sample, test, analyze, treat, remove, recover, package, monitor or track the involvement of hazardous materials only if it is necessary and incidental for identifying; preventing a release, or threat of release, of a hazardous material; or to stabilize an emergency incident. (3) Regional and limited hazardous materials emergency response teams shall respond to the best of their abilities, subject to the limitations of available equipment and personnel. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0060 Regional and Limited Response Team Performance Conditions (1) Approved regional and limited hazardous materials emergency response team activities shall be limited to those which can be safely done to stabilize a hazardous materials emergency and, except as may be incidentally necessary, do not include the transport, storage, disposal, or remedial clean-up of hazardous materials. (2) Regional and limited hazardous materials emergency response teams shall not be required to maintain general security and/or safety perimeters, locate underground utilities, insure appropriate traffic control services, conduct hydrological investigations and analysis, or to provide testing, removal and disposal of underground storage tank contamination at or near the hazardous materials incident to which the contract team is dispatched. NOTE: These functions are generally the responsibility of the responsible party, the Oregon Department of Environmental Quality, or the local governmental jurisdiction in which the incident occurs. To be absolutely clear, regional and limited response teams shall not perform “clean-up activities” nor do they contract for the storage and/or disposal of hazardous materials; however, they do make contact with and request the Department of Environmental Quality to perform these functions. (3) Regional and Limited response teams are not authorized to assume command of the hazardous materials emergency unless they are the only ones present and/or until a local on-scene Incident Commander arrives and/or if the on-scene Incident Commander has transferred the command authority to a regional or limited response team. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92