justicedao/ipfs_state_laws huggingface dataset:
837-012-1350 Removal/Confiscation of Explosives (1) Explosives may not be stored in a magazine, or possessed by an individual if: (a) An application for a certification of registration, or certificate of possession, is denied. (b) A certificate of registration, or certificate of possession, is suspended or revoked pursuant to ORS 480.244(9) or 480.270 or these rules. (c) A certificate of registration, or certificate of possession, expires or lapses. (2) The Department of the State Fire Marshal may confiscate explosives possessed or stored in violation of ORS 480.200 to 480.290 or these rules. (3) Any confiscation of explosives by the Department of the State Fire Marshal are carried out pursuant to a warrant. (4) Upon finding a violation, the Department of the State Fire Marshal may order that any explosives be: (a) Transferred to a magazine that has been issued a certificate of registration by the Department of the State Fire Marshal (b) Returned to the supplier of the explosives (c) Disposed of in any manner the Department of the State Fire Marshal sees fit, including destruction of the explosives. Statutory/Other Authority: ORS 476.030 & 480.280 Statutes/Other Implemented: ORS 480.239 History: OSFM 61-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1360 Magazine Re-location — Reporting (1) Re-location of any magazine required to be registered under ORS 480.244 must be reported to the Department of the State Fire Marshal within 24 hours of its relocation. (2) The owner or the individual with either: (a) Physical possession; or (b) Control of the magazine is the individual responsible for reporting the relocation of the magazine. (3) The toll free reporting number for reporting relocation of magazines is 1-877-459-9366. (4) A report of relocation of the magazine must include the following information: (a) Certificate of registration number issued to the magazine. (b) New location of the magazine including the street address, city, and state. (c) The name and phone number of the individual reporting the relocation of the magazine. (d) The name of the fire department having jurisdiction, if known. (3) There is no fee for reporting the relocation of a magazine. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 60-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1370 Record Keeping Requirements for Explosives (1) Holders of a certificate of possession must maintain a record of the type and quantity of all explosives possessed. (2) The Department of the State Fire Marshal may inspect the records required to be maintained under ORS 480.235(5) and subsection (1) of this rule: (a) At the time of the magazine inspection by the Department of the State Fire Marshal; or (b) Upon demand by the Department of the State Fire Marshal. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 59-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1380 Hazardous Materials Reporting Persons possessing 10 pounds or more of explosives, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85. Statutory/Other Authority: ORS 453, 476, 478 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00 OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00
837-012-1400 Contested Cases (1) A person may request a formal hearing regarding the suspension, revocation, or denial of a certificate of registration or a certificate of possession by the Department of the State Fire Marshal. (2) A request for hearing must be timely filed. (3) A request for hearing is timely filed when the request is postmarked or received by the Department of the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435. (4) If a request for hearing is not timely filed under section (3) of this rule, the person waives the right to a contested case under ORS chapter 183. (5) A person may write to or call the Department of the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication may not extend the deadline established in subsection (3) of this rule. (6) A contested case may include: (a) An informal conference, or (b) A formal hearing. (7) Contested cases are conducted pursuant to the provisions of ORS chapter 183 and the rules adopted thereto. Statutory/Other Authority: ORS 183, 476, 478 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 57-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1410 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: (a) Be made or addressed to the Department of the State Fire Marshal; and (b) Clearly state the issue or issues to be discussed. (3) If the Department of the State Fire Marshal and the party agrees, 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 the suspension, revocation or denial in accordance with ORS chapter 183 and the rules adopted thereto. Statutory/Other Authority: ORS 183, 476, 478 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 56-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 12-2000, f. & cert. ef. 10-6-00
837-012-1420 Formal Hearing (1) A person may file a written request for hearing before or after an informal conference, at any time before the deadline established in OAR 837-012-1400(3). (2) The Department of the State Fire Marshal has the responsibility to arrange for a hearings officer to conduct the formal hearing. (3) The Department of the State Fire Marshal has the responsibility to set the date, time, and location for the formal hearing. Statutory/Other Authority: ORS 183, 476, 478 & 480 Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6) History: OSFM 55-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 14-2006, f. & cert. ef. 12-1-06 OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06 OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 12-2000, f. & cert. ef. 10-6-00
837-020-0025 Purpose and Scope— Flammable Liquid Dispensing Regulations These rules establish licensing requirements for Nonretail Facility owners and operators. These rules also establish the requirements that each Nonretail Customer must meet to dispense Class 1 Flammable Liquids at those facilities. These rules establish where and when self-serve of Class 1 Flammable Liquids may occur in Oregon, the requirements retail operators must meet who offer self-serve of Class 1 Flammable Liquids, and actions taken by the State Fire Marshal in regard to audits; inspections; enforcement; and penalties. Statutory/Other Authority: ORS 476 & 480.380 Statutes/Other Implemented: ORS 480.310 - 480.385 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92 FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
837-020-0050 Conditions for Operation of Dispensing Device by Nonretail Customers Notwithstanding ORS 480.310 and 480.340 or OAR 837-020-0045, persons, other than owners, may be authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities where such dispensing by the general public is prohibited, only after the nonretail customer satisfies all requirements of 837-020-0045 through 837-020-0070. Statutory/Other Authority: ORS 480.380 Statutes/Other Implemented: ORS 480.345 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05 OSFM 10-2002, f. & cert. ef. 12-6-02 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
837-020-0055 Fire Safety Training (1) Owners or operators of nonretail facilities must provide initial fire safety training materials to each nonretail customer authorized to dispense Class 1 flammable liquids. The training may be delivered through any suitable method that contains all provisions of 837-020-0055(2). (a) The training materials must be provided prior to allowing nonretail customers to dispense Class 1 flammable liquids . (b) A signed document showing the nonretail customer received the required safety training materials must be maintained by each operator as part of each customer file. (2) The fire safety training materials described in section (1) must include: (a) The hazards of all forms of Class 1 flammable liquids to be dispensed by the nonretail customers; (b) The location and operation of emergency fuel shut off devices required under the OFC; (c) The no smoking set-back requirements of the OFC; (d) Procedures for contacting the local fire department and other emergency service organizations; (e) The use of the fire extinguishers required under the OFC; (f) The type of portable containers that may be filled and the safe procedures for filling them; and (g) Instructions on reporting safety issues at a facility to the operator and emergency services. (3) All nonretail customers who wish to dispense Class 1 flammable liquids at nonretail facilities must receive the fire safety training materials described in sections (1) and (2) of this rule and disseminate them to all users under the customer prior to engaging in dispensing operations. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476 & 480.380 Statutes/Other Implemented: ORS 480.345 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
837-020-0065 Certification and Record Keeping (1) Owners or operators of nonretail facilities must maintain electronic or hard copy documentation that is readily accessible to demonstrate all nonretail customers meet the requirements of OAR 837-020-0050. (2) This documentation must be readily available for inspection by the State Fire Marshal or their designee when requested. (3) This documentation must be maintained the entire time the nonretail customer remains a nonretail customer with the operator that has entered into a written agreement with the customer. (4) Owners and operators of nonretail facilities must sign and return the Notice of Order and Correction to provide documentation to the State Fire Marshal that certifies all violations of OAR 837-020-0025 through 837-020-0130 have been abated. Statutory/Other Authority: ORS 476 & 480.380 Statutes/Other Implemented: ORS 480.345 - 480.375 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 4-2019, amend filed 05/02/2019, effective 05/20/2019 OSFM 2-2019, temporary amend filed 03/14/2019, effective 03/14/2019 through 09/09/2019 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92 FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
837-020-0070 Written Agreements The owner or operator must enter into a written agreement with nonretail customers permitted under OAR 837-020-0050 to dispense Class 1 flammable liquids at the nonretail facility. The agreement must at a minimum: (1) Certify that the nonretail customer has received safety training materials from the facility operator in compliance with rules of the State Fire Marshal; and (2) Require the nonretail customer to submit a sworn statement, as defined in ORS 162.055, that the information supplied in the agreement is true and correct. Statutory/Other Authority: ORS 480.380 Statutes/Other Implemented: ORS 480.345 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
837-020-0075 Complaint and Enforcement Procedures (1) Alleged violations at retail facilities and nonretail facilities are subject to investigation by the State Fire Marshal. (2) Upon request of the State Fire Marshal, the owner or operator must be able to demonstrate that all nonretail customers dispensing Class 1 flammable liquids at their nonretail facilities meet the requirements of OAR 837-020-0050. (3) Owners or operators of retail facilities and nonretail facilities who fail to meet the applicable requirements of OAR 837-020-0040 may be subject to the enforcement and closure provisions of ORS 479.170 in addition to the provisions in OAR 837-020-0130. Statutory/Other Authority: ORS 476 & 480.380 Statutes/Other Implemented: ORS 480.365 - 480.375 & 480.385 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 3-2019, minor correction filed 03/14/2019, effective 03/14/2019 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92 FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
837-020-0080 Nonretail Fuel Dispensing During a Governor Declared Emergency (1) During an emergency as defined in ORS 401.025, a nonretail facility may permit individuals who are not otherwise qualified under ORS 480.345 to dispense Class 1 flammable liquids if all conditions specified in this section are satisfied. (2) The owner or operator of the nonretail facility holds a valid nonretail facility license issued by the State Fire Marshal; (3) The owner or operator has paid an application fee for each nonretail facility and customer fees required in ORS 480.350. (4) The owner or operator has provided a blank copy of the form required by ORS 480.345 and OAR 837-020-0070 that will be used as the written agreement between the owner or operator and nonretail customer that outlines the safety training materials and emergency procedures to be used at the nonretail facility. (5) The nonretail customer and the owner or operator of the nonretail facility have entered into a written agreement that meets the requirements of OAR 837-020-0070. (6) The nonretail customer, other than the owner or operator or employee, dispensing Class 1 flammable liquids satisfies safety training requirements of OAR 837-020-0055. (7) The owner or operator is responsible to bear the burden of production and proof that the requirements of OAR 837-020-0040, and any other rules of the State Fire Marshal have been satisfied. Statutory/Other Authority: ORS 480.347 Statutes/Other Implemented: ORS 480 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 3-2012, f. & cert. ef. 1-24-12 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 10-2002, f. & cert. ef. 12-6-02 OSFM 1-2002, f. & cert. ef. 2-25-02
837-020-0085 Nonretail Facility License Requirements (1) Nonretail Facilities must obtain a valid license issued by the State Fire Marshal, prior to operating a Nonretail Facility. (2) A separate license is required for each Nonretail Facility. (3) All initial facility licenses are valid for three years from the date of issue. (4) In accordance with ORS 183.705, a renewal date of a facility license may be adjusted or prorated to correspond with existing State Fire Marshal licensing cycle dates, (5) The State Fire Marshal will issue a license to the owner or operator if the owner or operator has: (a) Complied with the requirements established by OAR 837-020-0040; (b) Submitted a correctly completed application to the State Fire Marshal on forms supplied by the State Fire Marshal; (c) Certified that the owner or operator will comply with all provisions of ORS 480.345, the OFC, and this division; (d) Provided a blank copy of the form that will be used as the written agreement required under ORS 480.345 and OAR 837-020-0070; (e) Paid the required application fee for each facility site and, if applicable, all account fees required in ORS 480.350; (f) No outstanding Notice and Order of Correction violations; (g) Has no outstanding civil penalties that are owed; (h) Has no outstanding account fees. (6) Any and all certification required by this section must be made in accordance with ORS 162.075. (7) The owner or operator bears the burden of production and proof that the requirements of this Division, and all applicable rules of the State Fire Marshal have been satisfied. (8) The State Fire Marshal may conduct an on-site inspection to determine compliance with OAR 837-020-0040 and other applicable fire and life safety laws prior to issuing a nonretail facility license to the owner or operator under section (4) of this rule. (9) In addition to the requirements set forth in this section, owners or operators who wish to operate a dual operations facility, the owner or operator must provide to the State Fire Marshal, on State Fire Marshal forms, the specific hours and days when the owner or operator proposes to conduct only retail dispensing and the specific hours and days when the owner or operator proposes to conduct only nonretail dispensing. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 480.380 Statutes/Other Implemented: ORS 480.350 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024 OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018 OSFM 3-2012, f. & cert. ef. 1-24-12 OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05 OSFM 1-2002, f. & cert. ef. 2-25-02 FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
837-020-0120 Hearings and Contested Cases A person may request a Formal Hearing regarding the suspension, revocation, or denial of a license by the State Fire Marshal. (1) A Request for Hearing must be timely filed. (2) A Request for Hearing is timely filed when the request is postmarked or received by the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435. (3) If a Request for Hearing is not timely filed under section (c) of this rule, the person waives the right to a contested case under ORS Chapter 183. (4) A person may write to or call the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication does not extend the deadline established in 837-020-0105 subsection (3). (5) A contested case may include: (a) An Informal Conference; (b) A Formal Hearing, or both. (6) A contested case will be conducted pursuant to the provisions of ORS Chapter 183 and the rules adopted thereto. (7) The State Fire Marshal may provide an opportunity for an Informal Conference. A request for an Informal Conference must be in writing; and must: (a) Be addressed to the State Fire Marshal; and (b) Clearly state the issue or issues to be discussed; and (c) If the State Fire Marshal and the party or parties agree, an Informal Conference may be held by telephone. (8) After an Informal Conference, the State Fire Marshal may amend, withdraw, or reduce the suspension, revocation, or denial. Such action will be taken in accordance with ORS Chapter 183 and the rules adopted thereto. (9) A person may file a written Request for Hearing before or after an Informal Conference, at any time before the deadline established in section (3) of the Contested Cases section of OAR 837-020-0120. (10) The State Fire Marshal is responsible to arrange for a hearings officer to conduct the Formal Hearing. (11) The State Fire Marshal will set a date, time, and location for the Formal Hearing. Statutory/Other Authority: ORS 476.030 & 480.310 - 480.385 Statutes/Other Implemented: ORS 480.310 - 480.385 History: OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07 OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
837-020-0130 Penalty Schedule and Suspensions (1) Based on the class of violation the owner or operator is found to have committed, the following penalty schedule is used to determine the amount of penalty to be assessed. (a) Class I - $100; (b) Class II - $200; (c) Class III - $400; (d) Class IV - $500. (2) Penalties assessed for Class I, II, and III violations from facility inspections will be suspended in the following manner: (a) The first instance of a violation within a three-year period, the penalty will be suspended 100%; (b) The second instance within a three-year period, the penalty will be suspended 50%; (c) The third instance of a violation within a three-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed; (d) A three year period can include any year in the current license cycle the violation occurred in and the two previous years. (3) Penalties assessed for Class I, II, and III violations from records audits will be suspended in the following manner: (a) The first instance of a violation within six-year period, the penalty will be suspended 100%; (b) The second instance within a six-year period, the penalty will be suspended 50%; (c) The third instance of a violation within a six-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed; (d) A six year period can include any year in the current license cycle the violation occurred in and the two previous cycles. (4) The penalty assessed for Class IV violations will not be suspended at any time. Statutory/Other Authority: 480.380 & 480.380 Statutes/Other Implemented: 480.380 & 480.385 History: OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025 OSFM 8-2018, adopt filed 10/17/2018, effective 10/19/2018