justicedao/ipfs_state_laws huggingface dataset:
104-030-0040 Guidance on Testing (1) The siren test time is designed to roughly coincide with the weekly National Oceanic and Atmospheric Administration (NOAA) Weather Radio tests. Tsunami Warning Sirens will be tested on Wednesdays at 11:00 hours (a.m.) for routine testing of tsunami warning systems. Testing will be done on the first Wednesday of each month at 11:00 am. (2) The recommended siren test duration is not to exceed 60-seconds excluding voice message, except during system coverage evaluations, unless using a unique sound for the test, such as Cows or Chimes. (3) A sign or placard shall be affixed to each siren stating the routine test time and day. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0050 Guidance on Other Methods of Warning (1) Recommend use of other methods for tsunami warning in conjunction with sirens. (2) Work with emergency responders to provide alternative means such as weather radios, loudspeakers on beach vehicles, door-to-door notification and welfare-checks. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0060 Guidance on Visual Methods of Warning Consider a visual warning signal recommendation used in conjunction with fixed siren facilities; such as the blue strobe or flashing light, the most commonly used visual warning. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0070 Guidance on All Clear Signal The All Clear signal shall NOT be a Siren sound, either Solid or Wailing. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-030-0080 Guidance on Location of Tsunami Warning Systems Locate sirens in areas where there are either large concentrations of population within the inundation zone; or where other means of warning people is not available and/or practical, such as at parks and beach access areas. Statutory/Other Authority: ORS 401.863 - 401.864 Statutes/Other Implemented: ORS 401.863 History: OEM 1-2010, f. & cert. ef. 1-21-10
104-040-0000 Purpose The objectives of the Oregon Emergency Response System are to provide and implement a plan for coordinated state agency action in cases involving natural or technological hazards or civil disorder that threaten the citizens or resources of Oregon. ORS 466.635 requires that any person owning or having control over any oil or hazardous material who has knowledge of a spill or a release shall immediately notify The Oregon Department of Emergency Management as soon as that person knows the spill or release is a reportable quantity. ORS 761.405 requires each railroad shall notify the Administrator of The Oregon Department of Emergency Management by telephone or similar means of communications of any derailment or fire involving or affecting hazardous material. OAR 345-060-0030 requires that the carrier of any radioactive material shall immediately notify local emergency response authorities and the Oregon Emergency Response System of any vehicle accidents regardless of whether radioactive material has been damaged or dispersed; loss of any radioactive material; and tampering with or obstruction of any new shipments. Section 304, Title III of the Federal Superfund Amendments and Re-Authorization Act of 1986 requires facilities to notify the LEPC and the SERC if there is a release of a listed hazardous substance that exceeds the reportable quantity for that substance. State agencies are directed to provide cooperative response assistance within their resources and authority to other agencies, which may include, but is not limited to federal, state, counties, cities and special districts. This can be accomplished by: (1) Establishing a Memorandum of Understanding which promises cooperative assistance and coordinated effort among signatory state agencies; (2) Establishing an Oregon Emergency Response System Council which shall direct activities of the system; (3) Creating a review process for major incidents that occur in the state; (4) Developing an exercise program that will test the system on a periodic basis; (5) Conduct emergency management training for signatory agencies; (6) Develop and manage an incident report system. Statutory/Other Authority: ORS 401.270(1) Statutes/Other Implemented: ORS 401.275 History: OEM 7-2023, minor correction filed 04/07/2023, effective 04/07/2023 EMD 1-1992, f. & cert. ef. 4-17-92
104-040-0010 Definitions (1) “OERS” is the Oregon Emergency Response System. (2) “The Division” is The Oregon Department of Emergency Management. (3) “MOU” refers to the Memorandum of Understanding signed by state agencies participating in the Oregon Emergency Response System. (4) “Signatory Agencies” refers to those state agencies that have a role in emergency response activities, and participate as members of the Oregon Emergency Response System. (5) “ORS” means Oregon Revised Statutes. (6) “Hazardous Materials” shall mean “hazardous substance” as that term is defined in ORS 453.307(4). (7) “LEPC” is the Local Emergency Planning Committee. (8) “SERC” is the State Emergency Response Commission. Statutory/Other Authority: ORS 401.270(1) Statutes/Other Implemented: ORS 401.275 History: OEM 8-2023, minor correction filed 04/07/2023, effective 04/07/2023 EMD 1-1992, f. & cert. ef. 4-17-92
104-040-0020 Responsibilities (1) The Oregon Emergency Response System shall be managed by The Oregon Department of Emergency Management. A council shall be established that includes representation from each of the participating state agencies. (2) The Oregon Emergency Response System shall be the primary point of contact by which any public agency provides the state notification of an emergency or disaster, or requests access to state and federal resources. (3) The responsibilities of the Council include but are not limited to the following: (a) Establish planning guidelines and review procedures; (b) Develop criteria for the provision of call lists and the notification of personnel through the Oregon Emergency Response System; (c) Conduct reviews of major incidents that occur in the state; (d) Develop and conduct emergency management training for signatory agencies; and (e) Advise the Division on changes necessary to improve or update Oregon’s emergency management and operations plans. (4) The responsibilities of the Division for managing the Oregon Emergency Response System include but are not limited to the following: The Division’s OERS Program Coordinator shall chair the OERS Council and will be responsible for the maintenance of OERS plans, guidelines, procedures, call-lists, and the dissemination of information to participant agencies. The chair shall coordinate review of major incidents and planning of exercises. The chair shall establish technical advisory committees to advise on special problems or issues as needed. The chair shall establish and manage an incident report system, consolidated monthly reports of which shall be made available to the OERS Council, SERC, LEPC and any other interested parties or individuals. (5) The Oregon Emergency Response System shall be the point of contact for notification of the SERC and LEPC when there is a release by an Oregon facility of a listed hazardous substance that exceeds the reportable quantity for that substance. Such facilities will make this notification by contacting OERS and stating that they are making a spill notification to the LEPC and SERC. (6) The Oregon Emergency Response System is funded under the provisions of ORS 465.104 which identifies disposition in ORS 465.127. Statutory/Other Authority: ORS 401.270(1) Statutes/Other Implemented: ORS 401.275 History: OEM 9-2023, minor correction filed 04/07/2023, effective 04/07/2023 EMD 1-1992, f. & cert. ef. 4-17-92
104-045-0000 Purpose These rules establish a grant program pursuant to ORS 401.551 and ORS 401.552 for the disbursement of money from the Resiliency Grant Fund established by the Oregon Legislative Assembly for the purpose of procuring Emergency Preparedness Equipment to help Oregon communities prepare for, respond to, and recover from emergencies. This program is known as the State Preparedness and Incident Response Equipment (SPIRE) Grant Program. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0020 Eligible Activities (1) Qualified Applicants may request Preparedness Equipment that is identified on the list adopted by the Oregon Homeland Security Council pursuant to ORS 401.551. (2) Applicants must demonstrate a need for the specific Preparedness Equipment requested, the ability to maintain the Preparedness Equipment, and the ability to use the Preparedness Equipment to address deficiencies in local or regional emergency preparedness, response, and/or recovery. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0030 Grant Application Process (1) Grant Application Package (a) The Authority shall prepare a Grant Application Package. The package will contain guidance, application forms and other supplementary information to help Qualified Applicants prepare grant applications. (b) The guidance will include a description of eligibility criteria and ranking factors used to evaluate and select applications for funding. (c) The Authority shall announce how to obtain a Grant Application Package and the deadline for submitting an application. (d) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference. (2) Grant Application Submission (a) A Qualified Applicant may submit an application which requests one or more pieces of equipment from the list adopted by the Oregon Homeland Security Council pursuant to ORS 401.551. All submissions must be in the form provided by the Authority and must contain all required information. (b) All applications must be received prior to the application deadline announced by the Authority. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0040 Grant Application Review (1) The Authority will review all applications to ensure they are complete and meet grant eligibility requirements. (2) The Authority will convene a Grant Selection Committee to evaluate, score, and prioritize all applications meeting grant and eligibility requirements. (3) The Authority will use the prioritized list of applications along with the amount of funds available in the Resiliency Grant Fund to determine which Applicants will receive Preparedness Equipment. (4) The Authority will notify all Applicants of the funding decisions within 90 days of the due date for application submission. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0050 Grant Awards (1) Grants will be awarded only when there are sufficient funds available in the Resiliency Grant Fund. (2) The Authority will purchase the approved Preparedness Equipment on behalf of the Grantee and distribute the equipment. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0060 Grant Agreements and Conditions (1) The Authority shall provide a Grant Agreement to each Grantee which specifies the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures. (2) The Authority will enter into Grant Agreements with new Grantees or may amend agreements with prior Grantees if all reporting obligations under the earlier agreements have been met. (3) The Authority and the Grantee must execute a Grant Agreement or amendment prior to any equipment being disbursed. (4) If the Grant Agreement or amendment has not been fully executed by all the parties within 60 days of the Grantee receiving the agreement, funding may be terminated. The money allocated to the grant will then be available for reallocation by the Authority consistent with the application priorities established by the Grant Selection Committee. (5) The Authority shall establish Grant Agreement conditions. Grantees shall comply with all grant agreement conditions. In addition, Grantees shall comply with all applicable federal, state and local laws and ordinances. (6) Grantees shall comply with all progress and financial reporting requirements outlined in the Grant Agreement. (7) All equipment under the grant remains the property of the State of Oregon until it is transferred, sold, or otherwise disposed of, consistent with the provisions of law or the grant agreement. All equipment must be maintained, marked, tracked, and made available with or without notice by ODEM. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 31-2023, minor correction filed 04/10/2023, effective 04/10/2023 OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0070 Project Administration The Authority shall administer Resiliency Grant Funds in compliance with the requirements of applicable statutes and rules and the guidance provided in the Grant Application Package. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0080 Waivers, Exceptions and Appeals (1) The Authority may waive non-statutory requirements of the Grant Program if it is demonstrated such a waiver would serve to further the goals or objectives of the program. (2) The Authority may consider appeals of the Grant Selection Committee’s funding decisions. Only an Applicant may appeal. Appeals must be submitted in writing to the Authority within 30 days of the event or action that is being appealed. The Authority’s decision is final. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-045-0090 Program Sanctions The Grantee shall be responsible for taking all actions necessary to enforce the terms of the Grant Agreement against any private or public participant who fails to comply with applicable provisions of the Grant Agreement and to recover on behalf of the state any liabilities that may arise as the result of a breach of the Grant Agreement by any participant. Nothing in this paragraph shall restrict the state’s right to enforce independently the terms of any Grant Agreement or to recover any sums that may become due as the result of a breach of such an agreement. Statutory/Other Authority: ORS 401.551 & ORS 401.552 Statutes/Other Implemented: ORS 401.551 & ORS 401.552 History: OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018
104-050-0000 Purpose (1) The Director of The Oregon Department of Emergency Management (ODEM), pursuant to Oregon Revised Statutes (ORS) 401.300, shall develop and administer grant programs for the seismic rehabilitation of critical public buildings. (2) The funds for the seismic rehabilitation of critical public buildings under the grant program are provided from the issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N of the Oregon Constitution. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 11-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0020 Eligible Applicants The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Department because of nonperformance under a prior Seismic Rehabilitation Grant contract: (1) All hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district or municipal law enforcement agencies. (2) Kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education buildings with a capacity of 250 or more persons that are routinely used for student activities and are owned by the State Board of Higher Education, a school district, an education service district, a community college district or a community college service district. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0030 Program Information (1) ODEM shall prepare a Grant Application Package. The application package may contain a guidance document, application forms, and other supplementary information that may help eligible applicants prepare grant applications. (2) The guidance document will include a description of eligibility criteria, and ranking factors used to evaluate and select applications for funding. (3) The Grant Application Package on file with ODEM is incorporated as part of these rules by reference. (4) ODEM will provide to Seismic Rehabilitation grantee a Grant Contract which specifies legal requirements for grant management, reporting, and record keeping, and OEM's monitoring and grant closeout procedures. (5) ODEM shall administer Seismic Rehabilitation Grants in compliance with the requirements of applicable statutes, rules, and the Grant Guidance Document. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 13-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0040 Program Sanctions The grantee shall be responsible for taking all actions necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0050 Project Eligible Activities Projects must meet the following criteria to be eligible for this program: (1) Education buildings rehabilitated to life safety seismic safety performance level as defined in OAR 104-050-0010. (2) Emergency services buildings rehabilitated to immediate occupancy seismic safety performance level as defined in OAR 104-050-0010. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0055 Project Ineligible Activities Project ineligible activities include, but are not limited to: (1) The demolition and rebuild of an existing critical public building. (2) Rehabilitation to a building located in the Tsunami Inundation Zone as defined in OAR 104-050-0010. (3) Rehabilitation of a building located in the flood zone, with no previous mitigation activities completed. (4) Partial rehabilitation of a building that does not holistically address all known seismic deficiencies, as defined in OAR 104-050-0010. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10
104-050-0060 Application Submittal, Review and Approval (1) ODEM shall announce deadlines for submitting applications, how to obtain an application form, and required supplemental documents. (2) An eligible critical public building may submit an application after consulting with ODEM on a preliminary determination of eligibility and otherwise follow ODEM’s procedures for submitting applications. The application must be in the form provided by ODEM and must contain or be accompanied by such information as ODEM may require. ODEM will process only completed applications. (3) Upon receipt of signed application, ODEM will notify the applicant within 30 days as to the receipt of the application. (4) Upon receipt of a completed application, ODEM will provide the Grant Selection Committee with copies of the application materials to evaluate the application using ranking factors and point values to determine the project’s prioritization ranking during a public meeting. (5) Once a completed application is evaluated for a grant award, the Grant Selection Committee will, within 90 days, notify applicants of the status of their grant application. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 14-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0070 Project Administration (1) ODEM and the applicant must execute a grant contract prior to disbursal of grant funds. (2) Documentation of project costs incurred by entity must be submitted to ODEM prior to disbursal of funds. (3) Disbursal of grant funds to entity will be made on the schedule determined by ODEM. (4) Prior to final disbursement, ODEM will review and evaluate all documents produced as a result of the project, perform a final on-site inspection of the completed project and determine how closely the project delivered the outcome anticipated in the application. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 15-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0080 Grant Awards and Match (1) Grants will be awarded only when there are sufficient funds available in the Seismic Rehabilitation Grants program. (2) Grant funds shall be distributed proportionately between public education facilities and emergency services facilities as allocated by the Legislative Assembly. (3) The maximum grant award is $1.5 million. (4) There is no required match for this program. Additional application points may be considered for applicants that provide matching funds. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09