justicedao/ipfs_state_laws huggingface dataset:
837-046-0060 General (1) As of June 2, 2009, lighters meeting the definition of novelty lighters may not be sold, offered for sale, distributed in Oregon or manufactured or possessed for the purpose of sale or distribution in Oregon. (2) Wholesale dealers, importers or retail dealers must comply with: (a) 2009 HB 2365; and (b) OAR 837-046-0000 through 837-046-0180. (3) A list of lighters, classes and types of lighters determined to be novelty lighters is available on the OSFM website or upon request. Photographs of novelty lighters are representative of lighter types, but may not include all prohibited lighters. (4) Photographs of acceptable lighters are available on the OSFM website or upon request. Photographs of acceptable lighters are examples and do not include all acceptable lighters. 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
837-046-0080 Inspections The OSFM or an authorized representative may inspect Oregon wholesale dealers, agents, and retailers for compliance with 2009 HB 2365. Inspections include any documents to determine compliance with 2009 HB 2365. 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
837-046-0100 Lighter Review Committee Requests may be made for a review of a lighter determined to be a novelty lighter by the OSFM. Submit a written request and color photo to the OSFM. The lighter review committee will review the lighter and make a recommendation to the OSFM. 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
837-046-0120 Cooperative Agreements The OSFM may enter into a cooperative agreement with any state or local agency allowing the agency to act as an authorized representative of the OSFM for enforcement purposes of this division. 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
837-046-0140 Seizure of Non-Compliant Product The OSFM, an authorized representative, or a law enforcement agency may seize and make subject to forfeiture any lighter described in OAR 837-046-0040 and 2009 HB 2365. 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
837-046-0160 Civil Penalties (1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of 2009 HB 2365 or OAR 837-046-0000 through 837-046-0180. Refer to the following penalty matrix for penalties established by 2009 HB 2365: (a) $10,000 if the person is a manufacturer or importer of lighters; (b) $1,000 if the person is a wholesale dealer of lighters or distributes lighters by means other than distribution directly to consumers; (c) $500 if the person is: (A) A retail seller of lighters; or (B) A person distributing lighters, if the person is other than a manufacturer, importer or wholesale dealer. (2) Each day a person distributes or sells novelty lighters after being notified of the violation by the OSFM constitutes a separate violation and subjects the person to additional civil penalties. (3) All monies collected from civil penalties are to be deposited to the State Fire Marshal Fund. 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
837-046-0180 Procedures, Hearings and Judicial Review (1) Hearings are conducted according to ORS 183.413 through 183.470. (2) The Attorney General may bring action for the OSFM to: (a) Seek injunctive relief to prevent or end a violation; (b) Recover civil penalties; (c) Obtain access for inspections; or (d) Recover attorney fees and other enforcement costs and disbursements. 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
837-047-0100 Purpose and Scope The purpose of these rules is to establish minimum standards for the design, inspection, testing, placement and location and maintenance of carbon monoxide alarms in one and two family dwellings, manufactured dwellings, and multifamily housing. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0120 Carbon Monoxide Alarm Requirements (1) Properly functioning carbon monoxide alarms shall be required when: (a) A person conveys fee title to a one and two family dwelling or multifamily housing containing a carbon monoxide source on or after April 1, 2011; or (b) A person transfers possession under a land sale contract of a one and two family dwelling or multifamily housing containing a carbon monoxide source on or after April 1, 2011; or (c) A person transfers ownership of a manufactured dwelling containing a carbon monoxide source on or after April 1, 2011; or (d) A landlord enters into a rental agreement for a dwelling unit containing a carbon monoxide source on or after July 1, 2010. (2) By April 1, 2011, every rental dwelling unit subject to these rules must contain properly functioning carbon monoxide alarms. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0130 Installation and Location of Carbon Monoxide Alarms and Detectors (1) All carbon monoxide alarms or detectors must be installed in accordance with the manufacturer's recommended instructions and located in accordance with these rules and applicable building code at the time of construction or alteration of the dwelling. (2) One and Two Family Dwellings and Manufactured Dwellings: A properly functioning carbon monoxide alarm must be located within each bedroom or within 15 feet outside of each bedroom door. Bedrooms on separate floors in a structure containing two or more stories require separate carbon monoxide alarms. (3) Multi Family Housing: (a) A properly functioning carbon monoxide alarm must be located within each bedroom or within 15 feet outside of each bedroom door in dwelling units containing a carbon monoxide source or are connected to a common area containing a carbon monoxide source. Bedrooms on separate floors in a structure containing two or more stories require separate carbon monoxide alarms. (b) A carbon monoxide alarm must be installed in any enclosed common area within the building if the common area is connected by a door, ductwork, or ventilation shaft to a carbon monoxide source located within or attached to the structure. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0135 Exemption A landlord who rents a space for a manufactured dwelling or who rents moorage space for a floating home as defined in ORS 830.700, but does not rent the manufactured dwelling home or floating home is exempt from these rules. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
837-047-0140 Power Source Carbon monoxide alarms must be battery operated or receive their primary power source from the building wiring with a battery back-up. Plug in devices must have a battery back-up. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0150 Testing and Maintenance of Carbon Monoxide Alarms Carbon monoxide alarms and systems must be maintained and tested according to the manufacturer’s recommended instructions. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0160 Rental Dwelling Units Subject to ORS Chapter 90 (1) Effective July 1, 2010, before a landlord transfers possession of a dwelling unit subject to these rules to a tenant, the landlord must: (a) Install a properly functioning carbon monoxide alarm; (b) Provide working batteries if a carbon monoxide alarm is battery operated or has a battery operated backup system; and (c) Provide the new tenant with alarm testing instructions. (2) If the landlord receives written notice from the tenant of a deficiency of a carbon monoxide alarm, other than dead batteries, the landlord must repair or replace the alarm. (3) A tenant must test, at least every six months, and replace batteries as needed in any carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-047-0170 Tampering with a Carbon Monoxide Alarm Prohibited A person may not remove or tamper with a carbon monoxide alarm installed in accordance with these rules. Tampering includes removal of working batteries. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10 OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10
837-061-0005 Purpose— Standardization of Fire Protection Equipment (1) ORS 476.030 requires the State Fire Marshal to make rules and regulations relating to standards for equipment used for fire protection purposes. ORS 476.410 requires that all fire protection equipment purchased by state and municipal authorities shall be equipped with standard thread for fire hose couplings and hydrant fittings as adopted by the State Fire Marshal. ORS 476.440 prohibits any person from selling in Oregon any fire protection equipment unless such equipment is fitted and equipped with the standard thread for fire hose couplings and hydrant fittings as adopted by the State Fire Marshal. This statute also provides for exemption from this requirement for special purposes. (2) The following rules and standards for fire protection equipment are adopted in order to implement the intent of the above statutes to provide for the interchangeability of fire hose and related equipment between fire departments during emergency operations. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.410 - 476.440 History: FM 3-1988, f. & cert ef. 2-17-88 FM 40, f. 3-5-70, ef. 3-25-70
837-061-0010 Threaded Couplings and Fittings All equipment used for fire protection purposes , having hose couplings and fittings of nominal 1-1/2 inch inside diameter and larger, shall have threads designated “American National Fire Hose Connection Screw Threads.” The form, dimensions, tolerances, gauges, and overall design and construction of threads on threaded couplings and fittings shall conform to “National Fire Protection Association Standard No. 1963, 2019 edition.” [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.410 History: OSFM 7-2019, amend filed 09/27/2019, effective 10/01/2019 OSFM 8-2001, f. 6-27-01, cert. ef. 7-1-01 FM 3-1988, f. & cert. ef. 2-17-88 FM 40, f. 3-5-70, ef. 3-25-70
837-061-0015 Exemptions (1) Fire protection equipment used under the authority of ORS Chapters 477 and 526 are exempt from the provisions of this division. (2) The State Fire Marshal may grant exemption from these rules for private fire protection equipment used for special purposes, research programs, or special features of fire protection equipment found appropriate for uniformity within a particular protection area and not essential to the coordination of public fire protection operations. Any such exemption shall be granted in writing by the State Fire Marshal. (3) Fire protection equipment having non-threaded couplings or fittings with an inside diameter greater than three inches may be purchased and used without written exemption form the State Fire Marshal under the following conditions: (a) Non-threaded couplings shall conform to the specifications contained in "National Fire Protection Association Standard No. 1963, 2019 edition.” (b) All fire apparatus carrying hose equipped with non-threaded couplings shall also carry inlet and discharge adapters in accordance with the following: 3-1/2 inch or larger Hose: — For the initial 1,000 feet, or portion thereof, and each additional 1,000 feet, or major portion thereof (500 feet or more); (A) Inlet — Minimum of one 2 or 3-way 2-1/2 inch threaded female with inlets (clappered) adapted to non-threaded coupling hose size; (B) Discharge — Minimum of one 2 or 3-way 2-1/2 inch threaded male gated outlets adapted from non-threaded coupling hose size. (c) All fire department coupling, i.e., hydrants, sprinkler systems, standpipes, nozzles, adapters, etc., must be equipped with "American National Fire Hose Connection Screw Threads" regardless of size. However, such equipment may be additionally equipped with adapters of the non-threaded type when approved by the chief of the department. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.410 History: OSFM 7-2019, amend filed 09/27/2019, effective 10/01/2019 OSFM 4-2003, f. 7-2-03, cert. ef. 7-3-03 OSFM 8-2001, f. 6-27-01, cert. ef. 7-1-01 FM 3-1988, f. & cert. ef. 2-17-88
837-085-0010 Authority and Application (1) These rules are promulgated under the State Fire Marshal’s authority contained in ORS 453.367 and 453.402(2). (2) OAR 837, division 085 applies to a covered employer, owner, and operator of a fixed facility where hazardous substances or wastes are likely to be manufactured, generated, used, stored, possessed or disposed of. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307 - 453.372 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0020 Purpose and Scope (1) The purpose of OAR chapter 837, division 085 is: (a) To ensure that all reportable hazardous substances or wastes manufactured, generated, used, stored, possessed or disposed of at fixed facilities are identified and the information is submitted to the State Fire Marshal; (b) To address the process by which hazardous substance information is identified and communicated to the State Fire Marshal; (c) To address the process by which hazardous substance information submitted to the State Fire Marshal is distributed to emergency personnel, public agencies, and the public; (d) To address the process of assessing penalties; (e) To address the process by which a covered employer, owner, or operator will be evaluated to determine their level of compliance with the Oregon Community Right-to-Know and Protection Act; (f) To establish procedures to address a covered employer, owner, or operator who fails to comply with the reporting requirements. (2) The Community Right-to-Know and Protection Act, ORS 453.307 to 453.414, requires a covered employer, owner, or operator to report to the State Fire Marshal, the identity, associated hazard classifications and other information for all reportable hazardous substances or waste which they manufacture, generate, use, store or dispose of at fixed facilities. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307 & 453.372 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0030 Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS) (1) A person operating a facility, where hazardous substances are present in reportable quantities are required to notify the State Fire Marshal within 30 days and are subject to the hazardous substance information reporting requirements contained in ORS 453.307 to 453.414 and OAR 837-085-0090. (2) A person operating a facility within North American Industry Classification System (NAICS) codes that have been identified by the State Fire Marshal as having the potential to possess, store or otherwise use hazardous substances in reportable quantities are subject to the hazardous substance information reporting requirements contained in ORS 453.307 to 453.414 and OAR 837-085-0090 if sent a Hazardous Substance Information Survey by the State Fire Marshal. (3) A person classified within a construction or logging NAICS code is not required to report their temporary work sites unless required in 40 CFR 370. (4) A person operating an agricultural facility where the only operations conducted are the cultivation or breeding of animals or plants to provide food, fiber, medicinal plants and other products to sustain and enhance life is not required to report unless required in 40 CFR 370. (5) A person having a facility classified within the NAICS code 424930 (Flower, Nursery Stock, and Florists’ Supplies Merchant Wholesalers) or the NAICS code 444220 (Nursery, Garden Center, and Farm Supply Stores), that does not sell, or otherwise market, products that require a Safety Data Sheet to be developed by the manufacturer is not required to report for that facility unless required in 40 CFR 370. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307(2) History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 5-2013, f. & cert. ef. 6-26-13 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 4-1994, f. 12-14-94, cert. ef. 12-15-94 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0050 Hazardous Substance Information Survey — General (1) The State Fire Marshal shall develop and distribute a Hazardous Substance Information Survey to covered employers, owners, and operators. The information received shall be used to establish and maintain the hazardous substance information program required by the Community Right-to-Know and Protection Act. (2) A covered employer, owner, or operator receiving a Hazardous Substance Information Survey shall complete and return to the State Fire Marshal within 60 days following the date the State Fire Marshal mailed it. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307 - 453.372 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0055 Hazardous Substance Report--General (1) A covered employer, owner, or operator operating a facility where hazardous substances are present in reportable quantities must submit a Hazardous Substance Report to the State Fire Marshal. The report must be made within 30 days of the substance being on site and at a minimum must include the information required in OAR 837-085-0090(6)(b), (D), (E), (F), (G), and (H). (2) A covered employer, owner or operator operating a facility where hazardous substances were present in reportable quantities during the reporting period must complete and submit a Hazardous Substance Report . ( 3 ) A covered employer, owner, or operator that has had a substantive change to the information previously reported must complete and submit an update . (4) A covered employer, owner, or operator that has identified an error in the information previously reported must complete and submit a revised report. (5) A covered employer, owner, or operator operating a facility where hazardous substances were not present in reportable quantities during the reporting period are not required to submit a Hazardous Substance Report, provided they are not otherwise required to do so by these rules. ( 6 ) A separate Hazardous Substance Report must be submitted for each site or contiguous site owned or operated by a covered employer, owner, or operator that meets the reporting requirements of this section. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307-453.372 History: OSFM 1-2019, adopt filed 01/02/2019, effective 01/02/2019
837-085-0060 Hazardous Substance Report — Substance Determinations A covered employer, owner, or operator must identify and evaluate all substances and wastes manufactured, generated, used, stored, possessed, or disposed of at their facilities to determine if they are reportable on the survey. The definition of hazardous substance in OAR 837-085-0040(31) shall be used. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0070 Hazardous Substance Report — Reportable Quantities (1) If at any time during the reporting period, a covered employer, owner or operator has manufactured, generated, used, stored, possessed, or disposed of a hazardous substance that was present at the facility for 24 consecutive hours or more in an amount at or above the reportable quantities, they must report the hazardous substance to the State Fire Marshal. (2) The hazardous substance reportable quantities shall be as follows: (a) Any quantity of radioactive substance including radioactive wastes, except: sealed source radioactive materials, as defined by OAR 333-100-0005(123) contained in smoke detectors, survey equipment and small laboratory testing equipment. (b) Any highly toxic material or explosive in quantities equal to, or greater than, ten pounds, five gallons or 20 cubic feet; (c) Any Extremely Hazardous Substance that meets or exceeds the Threshold Planning Quantities as defined by 40 CFR 355. (d) For gasoline (all grades combined) at a retail gas station, in quantities equal to, or greater than, 75,000 gallons if the tank was stored entirely underground and the tank was in compliance at all times during the reporting period with all applicable underground storage tank regulations as established by the Oregon Department of Environmental Quality. (e) For diesel fuel (all grades combined) at a retail gas station, in quantities equal to, or greater than, 100,000 gallons if the tank was stored entirely underground and the tank was in compliance at all times during the reporting period with all applicable underground storage tank regulations as established by the Oregon Department of Environmental Quality. (f) Any other hazardous substance in quantities equal to, or greater than, 500 gallons, cubic feet, or pounds. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2013, f. 1-24-13, cert. ef. 2-1-13 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99 FM 4-1994, f. 12-14-94, cert. ef. 12-15-94 FM 1-1994, f. & cert. ef. 1-14-94