justicedao/ipfs_state_laws huggingface dataset:
837-039-0011 Certification and Training Requirements for Plan Review (1) These rules establish standards for certification of fire officials who review plans for input to a building official for new construction, alterations, and specifications from a Fire Code approved by the State Fire Marshal. (2) All fire officials who review plans for new construction, alterations, and specifications must obtain an ICC Fire Inspector II and ICC Fire Plans Examiner certification or equivalent certification approved by the State Fire Marshal. (3) Fire Officials who review plans only for fire department access and fire protection water supplies shall complete the Access and Water Supply course provided by the Department of the State Fire Marshal. (4) All Fire Chiefs and Assistants to the State Fire Marshal meeting the definition under ORS 476.060 shall complete the Authorities and Responsibilities course provided by the Department of the State Fire Marshal. (5) The Authority Having Jurisdiction must maintain appropriate documentation of the required certifications outlined in OAR 837-039-0011(2). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 479.165 Statutes/Other Implemented: ORS 479.165 & ORS 476.020 History: OSFM 3-2022, amend filed 12/27/2022, effective 01/01/2023 OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0110 OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 8-2006, f. & cert. ef. 5-22-06 OSFM 9-2000, f. & cert. ef. 8-22-00 FM 3-1994, f. & cert. ef. 3-1-94
837-039-0031 Applications for Exempt Status (1) Local governmental subdivisions seeking exempt status must submit a written request to the State Fire Marshal that describes in detail the scope of the proposed exemption. (2) The request must include a detailed explanation of the fire prevention and investigation programs to be provided by the requesting jurisdiction and the jurisdiction’s qualifications to provide them. Such programs must include but are not limited to: (a) A plan to enforce a fire code that includes a statement that a local Delegated Appeals process exists and how that appeals process generally conforms to ORS 476.113(2) and 115. (b) A plan to provide fire origin and cause determination. (3) Such programs shall provide an assessment of the local need for, and a plan to address if need is identified: (a) Youth firesetter intervention services to include: (A) Use of a Youth with Fire Screening Tool; and (B) DPSST certified JFS (Youth) Fire Prevention Interventionists; and (C) Youth fire safety education for ages 3 through 18 to the general youth population. (b) Fire and life safety education to include: (A) Programs based on data and metrics to support what impacts your community most; and (B) Direct contact with the target audience; and (C) Program evaluations are considered, and completed; and (D) Planning efforts based on evaluation results; and (E) Outreach and education to targeted audiences within the community. (4) The request must include such documentation and supportive materials as may be necessary to support the exemption request, including a copy of any locally adopted fire code and intergovernmental agreements. (5) The State Fire Marshal must distribute copies of the request(s) to each of the Exempt Jurisdiction Committee members, requesting them to conduct an advisory review within 60 days of receiving the material as to the sufficiency of the application. Such advisories, both individually and collectively, shall not be binding on the State Fire Marshal but may be considered by the State Fire Marshal in deciding whether to grant the exemption. (6) The State Fire Marshal must determine whether to grant the exemption and notify the applicant accordingly within 30 days of receipt of the committee’s written advisory. NOTE: Submitting a business plan demonstrating measurable goals and objectives in each of the categories is the method of explaining the proposed programs preferred by the State Fire Marshal. However, other formats may be used if they adequately demonstrate what must be done and how it is accomplished Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030(3) History: OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0010 OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 12-2006, f. & cert. ef. 6-29-06 OSFM 8-2006, f. & cert. ef. 5-22-06 OSFM 9-2000, f. & cert. ef. 8-22-00 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92 FM 2-1988, f. & cert. ef. 2-17-88 FM 5-1978, f. & cert. ef. 9-29-78 FM 3-1978, f. & cert. ef. 6-16-78
837-039-0035 Exempt Status Renewal and Termination (1) Once granted, exempt status may remain in effect: (a) Unless terminated by the State Fire Marshal for cause pursuant to ORS 476.030(3) and OAR 837-039-0041; or (b) Upon 90 days written termination notice by the exempt jurisdiction to the State Fire Marshal; or (c) Unless there is an unsatisfactory biennial review by the State Fire Marshal of the exempt authority's program and administration. (2) The Exempt Jurisdiction shall re-affirm their intention to extend their exemption at least 30 days prior to the termination of their current two-year period pursuant to ORS 476.030(3) and OAR 837-039-0041. (3) Application for renewal of exemption shall be made on a form approved by the State Fire Marshal. (4) An application for renewal shall attest that the last OSFM-approved plan for the Exempt Jurisdiction fire prevention and investigation program is being maintained as required in OAR 837-039-0031. (5) Department of the State Fire Marshal shall review the application and reply to the applicant in writing within 30 days with acceptance, denial or request for additional information. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030(3) History: OSFM 49-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 5-2018, minor correction filed 09/14/2018, effective 09/14/2018 OSFM 1-2018, minor correction filed 04/10/2018, effective 04/10/2018 OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17
837-039-0041 Appeals of Termination of Exempt Status (1) When a termination is proposed under section (1) of this rule, the State Fire Marshal must give the affected jurisdiction written notice at least 30 days before a proposed termination becomes effective. (2) An affected jurisdiction may appeal in writing any refusal of the State Fire Marshal to grant an approval or a proposed termination. (3) Upon receipt of an appeal under section (3) of this rule, the State Fire Marshal must initiate an administrative appeals process. The process must conform to the contested case provisions of ORS Chapter 183. (4) The results of the appeals process conducted under section (4) of this rule must be final and thereafter not appealable. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030(3) History: OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0055 OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 9-2000, f. & cert. ef. 8-22-00, Renumbered from 837-039-0100 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
837-039-0050 Programs Eligible for Delegation (1) As indicated by statutory reference and title, the administration of the following functional areas must be retained in all cases by the State Fire Marshal: (a) ORS 453.307 through 453.414, Community Information on Hazardous Substances; (b) ORS 476.055, State Fire Marshal Fund; (c) ORS 476.060, Local officers and Constables as Assistants to the State Fire Marshal; (d) ORS 476.090, Record of Fires; (e) ORS 476.420, Standardization of Existing Fire Protection Equipment; Exemption; (f) ORS 476.440, Sale of Nonstandard Equipment Prohibited; (g) ORS 476.510 through 476.610, Protection of Life and Property from Fire in Case of Emergency (Emergency Conflagration Act); (h) ORS 476.855, Discretionary Powers of the State Fire Marshal; (i) ORS 476.900 through 476.925, Forest Fire Protection Equipment Acquisition; (j) Except as otherwise provided in OAR 837, division 40, ORS 480.010 through 480.095, Explosives Generally; (k) Except as otherwise provided in OAR chapter 837, division 40, ORS 480.200 through 480.280, Manufacture, Sale, Possession and Transfer of Explosives; (l) Except as otherwise provided in OAR 837, division 12, ORS 480.130, Permits Required for Sale or Public Display of Fireworks; fee. (m) Except as otherwise provided in OAR 837, division 12, ORS 480.150, Permits for Fireworks Sales or Displays; Rules; Security. (n) Except as otherwise provided in OAR 837, division 12, ORS 480.156, Sales of Fireworks to Out-of-State Residents; (o) ORS 480.350, Nonretail Facility License; (p) ORS 480.355, Conditional Nonretail Facility License; (q) ORS 480.375(2), Audits of Nonretail Facilities; (r) ORS 480.432 through 480.440 LPG Licensing Program; and (s) Those other statutory functions reserved exclusively to the State Fire Marshal. (2) Although the administration of the functional areas listed in section (1) of this rule are reserved to the State Fire Marshal, nothing in this division prevents an authority having jurisdiction from enforcement of state statutes or the State Fire Code if such provisions are not covered in the Local Fire Code or are more stringent than the Local Fire Code. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030(3) History: OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 9-2000, f. & cert. ef. 8-22-00 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
837-039-0056 Exempt Jurisdiction Committee (1) An Exempt Jurisdiction Committee should meet bi-annually to make recommendations to the State Fire Marshal on rules, policies and the program relating to their exempt status. (2) Committee members shall also review new Exempt Jurisdictions application when requested by the State Fire Marshal. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 & 837-039-0060 History: OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17
837-039-0060 Nonexempt Jurisdictions (1) Local government subdivisions who have not applied for and been granted exempt status by the State Fire Marshal operate fire code administration programs in conformance with this division. (2) Under ORS 476.060, public fire marshals and fire chiefs are designated as Assistants to the State Fire Marshal and enforce the fire code in conformance with this division. (3) There are two areas of nonexempt enforcement activities: (a) Responses to imminent life or property threats; and (b) Inspection and enforcement of the state fire code. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.060 & 476.070 History: OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 9-2000, f. & cert. ef. 8-22-00 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
837-039-0070 Nonexempt Response to Imminent Life or Property Threats (1) When an Assistant to the State Fire Marshal in a nonexempt jurisdiction encounters a situation which presents an imminent threat to life or property, the Assistant to the State Fire Marshal must: (a) Take such measures as are reasonably necessary to stabilize the situation including, but not limited to closing the building or premises for use or occupancy under ORS 479.170 until such dangerous conditions are remedied; and (b) Notify the Department of the State Fire Marshal. (2) Any enforcement action taken under this section by an Assistant to the State Fire Marshal must be considered an act of the State Fire Marshal. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.060 & 476.070 History: OSFM 48-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 4-2008, f. & cert. ef. 7-2-08 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
837-039-0080 Inspections or Other Activities by Nonexempt Jurisdictions (1) When an Assistant to the State Fire Marshal in a nonexempt jurisdiction administers a fire prevention program, the Assistant must do so in conformance with this section. (2) The Assistant to the State Fire Marshal must have a written plan of their fire prevention program which includes and describes the following: (a) Types of inspection activities; (b) Frequency of inspections; (c) Type of enforcement actions that may be taken; and (d) Record keeping system. (3) The Assistant to the State Fire Marshal must ensure personnel that are responsible for fire code administration meet the competency recognition requirements for their scope of practice as outlined in section 837-039-0016. (4) Records must be maintained of all fire code inspections and reinspections, investigations, appeal activities and any other related functions. (5) When any lawful order of the Assistant to the State Fire Marshal is appealed, the State Fire Marshal must provide a contested case appeals process under OAR 837-039-0041, unless otherwise provided by law, as follows: (a) The Assistant to the State Fire Marshal who took the enforcement action which was appealed must be available and prepared to participate in the appeals process; (b) The State Fire Marshal must pursue and present the state through the appeals process; and (c) The State Fire Marshal must determine what, if any, orders are to be issued and/or penalties are to be assessed. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.070 History: OSFM 7-2018, minor correction filed 09/14/2018, effective 09/14/2018 OSFM 4-2008, f. & cert. ef. 7-2-08 OSFM 9-2000, f. & cert. ef. 8-22-00 FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
837-040-0001 Scope (1) The International Fire Code and the Oregon amendments represent a total scope of regulation. (2) None of the individual chapters in the International Fire Code and Oregon amendments are stand alone requirements. (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications.) Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09 OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07 OSFM 9-2006, f. & cert. ef. 6-12-06 OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06 OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04 FM 6-1992, f. 6-15-92, cert. ef. 7-15-92
837-040-0010 Adoption of the International Fire Code (1) The Oregon Fire Code is generally adopted every three years, coinciding with the publication of a nationally recognized fire code. (2) Effective October 1, 2025, the 2025 Oregon Fire Code which is the 2024 edition of the International Fire Code, as published by the International Code Council, and as amended by the Department of the State Fire Marshal , is adopted. (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications.) (3)(a) For the purposes of implementing a phase-in period for the 2025 Oregon Fire Code in new construction plan review only, the 2022 Oregon Fire Code is adopted for a period of 180-days beginning October 1, 2025 and ending March 31, 2026. (b) During the 180-day phase-in period established in subsection (3)(a), new construction plan reviews will be reviewed to either the 2025 Oregon Fire Code or the 2022 Oregon Fire Code as directed by the local building official. (c) For the purposes of implementing an electronic code integration in the records management system (RMS) a phase-in period for the 2025 Oregon Fire Code, the 2022 Oregon Fire Code will remain the adopted code for a period of 180-days beginning October 1, 2025, and ending March 31, 2026. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025 OSFM 47-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2022, amend filed 09/29/2022, effective 10/01/2022 OSFM 10-2019, amend filed 09/27/2019, effective 11/15/2019 OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14 OSFM 4-2010, f. & cert. ef. 11-3-10 OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10 OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10 OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07 OSFM 9-2006, f. & cert. ef. 6-12-06 OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06 OSFM 11-2005, f. & cert. ef. 6-27-05 OSFM 8-2004(Temp), f. 12-29-04, cert. ef. 1-3-05 thru 6-30-05 OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04 OSFM 9-2001, f. 10-3-01, cert. ef. 2-1-02 OSFM 13-2000, f. 10-3-00, cert. ef. 11-1-00 OSFM 3-2000, f. 4-1-00, cert. ef. 5-1-00 OSFM 4-1999, f. 12-29-99, cert. ef. 1-1-00 OSFM 3-1998, f. & cert. ef. 9-30-98 OSFM 1-1998, f. & cert. ef. 4-30-98 FM 2-1996, f. 1-22-96, cert. ef. 4-1-96 FM 6-1992, f. 6-15-92, cert. ef. 7-15-92 FM 6-1990, f. & cert. ef. 9-13-90 FM 3-1989, f. 6-30-89, cert. ef. 7-1-89 FM 5-1986, f. & cert. ef. 4-30-86 & Renumbered from 837-040-0005, Sec. (3) Uniform Fire Code FM 3-1986, f. & cert. ef. 3-11-86
837-040-0015 Proposed Code Amendment Criteria (1) All proposed code amendments are submitted to the Department of the State Fire Marshal in writing or on an agency approved form. (2) All proposed code amendments must provide justification and the particular circumstances requiring the amendment. (3) The Department of the State Fire Marshal screens proposed code amendments to determine whether they substantially meet the requirements of OAR 837-040-0015(5). Proposed code amendments not substantially meeting the requirements of 837-040-0015(5) may be returned to the applicant with specific reasons included in the returned application. (4) Proposed Code amendments that substantially meet the requirements of OAR 837-040-0015(5) will be reviewed by the Oregon Fire Code Advisory Board (OFCAB). Final approval or denial of the proposed code amendment will be at the discretion of the State Fire Marshal. (5) As required by OAR 837-040-0015(2), a proposed code amendment must address, where applicable, whether or not the proposed code amendment: (a) Is necessary to correct any unforeseen or probable outcomes resulting from the application of a code section, and if so, why; (b) Is needed to protect the health, safety, welfare, comfort and security of occupants, emergency responders, and the public, and if so, why; (c) Corrects inadequate application by a code section to a method, material or design, and if so, how; (d) Is necessary to address unique geographic or climatic conditions within Oregon, and if so, why; (e) Is needed to eliminate conflicting, obsolete, or duplicative code provisions or standards between Oregon adopted codes, statutes or regulations, and if so, why; (f) Provides for the use of unique or emerging technologies, or promote advances in construction methods, devices, materials and techniques, and if so, how; (g) Any adverse fiscal impact or cost savings passed on to the general public, the construction industry, local and state governments, and small businesses. If applicable, an interested person must describe the added or reduced cost of a proposed code amendment, describe the adverse fiscal impact or cost savings in relation to the current Oregon Fire Code and include any standards of measure used to arrive at the result given. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025 OSFM 46-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09
837-040-0020 Amendments to the Oregon Fire Code (1) The Department of the State Fire Marshal may amend the Oregon Fire Code approximately midway between publications of the International Fire Code based on proposed code amendments submitted for consideration by interested persons. (2) Any time between publications of the International Fire Code, the Department of the State Fire Marshal may initiate and adopt code amendments to the Oregon Fire Code, as circumstances merit (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025 OSFM 45-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14 OSFM 7-2012, f. 5-16-12, cert. ef. 8-2-12 OSFM 2-2012, f. 1-24-12, cert. ef. 3-1-12 OSFM 5-2012(Temp), f. & cert. ef. 2-10-12 thru 8-3-12 OSFM 4-2011, f. 11-10-11, cert. ef. 1-1-12 OSFM 2-2011, f. 3-15-11, cert. ef. 4-1-11 OSFM 4-2010, f. & cert. ef. 11-3-10 Reverted to OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10 OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10 OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10 OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09 OSFM 6-2008, f. 9-2-08, cert. ef. 10-1-08 OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07 OSFM 9-2006, f. & cert. ef. 6-12-06 OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06
837-040-0140 Adoption of the Oregon Structural Specialty Code and Oregon Mechanical Specialty Code The fire and life safety provisions of the 2025 edition of the Oregon Structural Specialty Code and the 2025 edition of the Oregon Mechanical Specialty Code are hereby adopted as standards for the purpose of evaluation of existing buildings. (Referenced publications are available for review at the agency. See Building Codes Division web site for information on where to purchase publications.) Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025 OSFM 2-2022, amend filed 09/29/2022, effective 10/01/2022 OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14 OSFM 4-2010, f. & cert. ef. 11-3-10 Reverted to OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10 OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10 OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10 OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07 OSFM 9-2006, f. & cert. ef. 6-12-06 OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06 OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04 OSFM 9-2001, f. 10-3-01, cert. ef. 2-1-02 OSFM 1-1998, f. & cert. ef. 4-30-98
837-042-1000 Purpose and Scope (1) There is established in the Department of the State Fire Marshal an Oregon Fire Code Advisory Board consisting of seven members. (2) The Oregon Fire Code Advisory Board shall provide recommendations to the State Fire Marshal in administering the Oregon Fire Code described in ORS 476.030. (3) Objectives. (a) To make recommendations to the SFM during Oregon Fire Code adoption cycle (typically every three years) and mid-cycle adoptions. (b) To identify emerging fire and life safety issues and develop appropriate recommendations to the SFM. (c) To ensure laws, rules, policies, and procedures are understandable and necessary for public protection. (d) To task the Oregon Fire Code Committee to establish subcommittees as needed for fire and life safety code related issues. (e) To conduct Oregon Fire Code Advisory Board activities in a manner that effectively utilizes available resources through both public and private stakeholder engagement. (4) The Department of the State Fire Marshal coordinates the activities of the Oregon Fire Code Advisory Board and all committees therein. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 44-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020
837-042-1100 Definitions (1) "Board" means the Oregon Fire Code Advisory Board. (2) “Interest Form” means an application for consideration submitted by a person expressing interest in serving on an Oregon Code Advisory Board or subcommittee. (3) “Oregon Fire Code Advisory Board” means a board consisting of appointed members who make recommendations on Oregon Fire Code issues to the State Fire Marshal and provide advice and guidance on issues of code enforcement, regional disputes, policies, and emerging topics that affect the fire protection and life safety of Oregonians. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476.030 History: OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020