justicedao/ipfs_state_laws huggingface dataset:
837-030-0260 Bulk Storage Sites: Inspections/Notifications (1) State Fire Marshal deputies or State Fire Marshal assistants may inspect bulk storage sites annually. (2) Inspection records will be maintained at the Department of the State Fire Marshal. (3) The installing company will be notified in writing by an inspection notice when a bulk site is not in compliance with State Fire Marshal requirements. (4) The State Fire Marshal will notify the company of: (a) Necessary corrections to bring the installation into compliance; (b) The number of days (may not exceed 60 days) the company must bring the installation into compliance. (5) The installing company must notify the State Fire Marshal that the corrections have been made to bring the installation into compliance, as follows: (a) The date the corrections were made and the signature of those making corrections must be written on the copy of the inspection notice provided to the company; (b) The inspection notice must be returned to the State Fire Marshal. (6) Any changes to the bulk site, including but not limited to the installation of one or more additional tanks, removal of one or more tanks, and closure of the site, must be reported to the State Fire Marshal in writing within two weeks of the change. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.440 & 480.450 History: OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 52-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2012, f. & cert. ef. 10-2-12 OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08 FM 3-1995, f. & cert. ef. 11-14-95
837-030-0270 Delivery Units: Inspections/Notifications (1) State Fire Marshal deputies or State Fire Marshal assistants may inspect delivery units annually. (2) Delivery units must be made readily available to the deputy or assistant for the annual inspection after notification by the State Fire Marshal that the annual inspection is due. (3) Inspection records will be maintained at the Department of the State Fire Marshal. (4) Companies will be notified in writing by an inspection notice when a delivery unit is not in compliance with State Fire Marshal requirements. (5) The State Fire Marshal will notify the company of: (a) Necessary corrections to bring the delivery unit into compliance; (b) The number of days (may not exceed 60 days) the company must bring the delivery unit into compliance. (6) The company must notify the State Fire Marshal that the corrections have been made to bring the delivery unit into compliance, as follows: (a) The date the corrections were made must be written on the copy of the inspection notice provided to the company. (b) The inspection notice must be returned to the State Fire Marshal. (7) Any changes to the delivery units, including but not limited to the addition of one or more delivery units to the company, and transfer, sale, disposal, or taking out of service of one or more delivery units must be reported to the State Fire Marshal in writing within two weeks of the change. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.440 & 480.450 History: OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 51-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 10-2012, f. & cert. ef. 10-2-12 OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08 OSFM 4-2000, f. & cert. ef. 4-12-00 OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00 OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00 FM 3-1995, f. & cert. ef. 11-14-95
837-030-0280 Fees/Penalties (1) Fees must be paid to the State Fire Marshal and must accompany the appropriate application. (2) Payment may be made by personal check, business check, cashier's check, money order, online, or other approved Oregon State Fire Marshal methods, made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal will not take any action on the application until the check has cleared the bank. (3) Fees for the Liquefied Petroleum Gas Program are located in Oregon Revised Statutes as follows: (a) Examination Fees — ORS 480.434 Examination of applicants for licenses; issuance of license. Examination fees are non-refundable and non-transferable. (b) Company License — ORS 480.436 License fees; term of licenses; delinquency penalty. (c) Fitter License — ORS 480.436 License fees; term of licenses; delinquency penalty. (d) Truck Equipment Operator License — ORS 480.436 License fees; term of licenses; delinquency penalty. (e) Company, Fitter, and Truck Equipment Operator License — ORS 480.436 License fees; term of licenses; delinquency penalty. (f) Plan Review Fee — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. (g) Bulk Plant Inspection Fee — ORS 480.440 Inspection of certain storage tanks. (Excludes initial inspection during plant construction). (h) Delivery Unit Inspection Fee — ORS 480.440 Inspection of certain storage tanks. (4) Tank Installation Fees for all tanks — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. (5) Tank Reinspection Fees — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. 10 year tank inspection fee — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. (6) Penalty Fees for the Liquefied Petroleum Gas Program are located in Oregon Revised Statutes as follows: (a) ORS 480.436 License fees; term of licenses; delinquency penalty. (b) ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. (c) ORS 480.990 Penalties. Statutory/Other Authority: ORS 476 & 480 Statutes/Other Implemented: ORS 480.436, 480.440, 480.450 & 480.460 History: OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 10-2012, f. & cert. ef. 10-2-12 OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08 OSFM 16-2005, f. & cert. ef. 11-9-05 OSFM 2-2004, f. & cert. ef. 1-14-04 Reverted to OSFM 4-2000, f. & cert. ef. 4-12-00 OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03 OSFM 4-2000, f. & cert. ef. 4-12-00 OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00 OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00 FM 3-1995, f. & cert. ef. 11-14-95
837-035-0000 Purpose and Scope (1) The purpose of these rules is to implement the standards, policies and procedures for fire standard compliant (reduced ignition propensity) cigarettes. (2) The scope of these rules applies to the implementation of ORS 476.755 through 476.806 and 476.995, relating to fire standard compliant (reduced ignition propensity) cigarettes. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0020 Effective Dates OAR 837-035-0000 through 837-035-0340 are effective upon date of filing. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0060 General (1) All cigarettes sold or offered for sale in Oregon must be fire standard compliant (reduced ignition propensity) as required by ORS 476.760(1). (2) Initial written certification attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780 and meets the fire safety performance standard under 476.770(6), must be provided to the Oregon State Fire Marshal (OSFM) prior to selling cigarettes. Refer to OAR 837-035-0080 for certification requirements. (3) Re-certification of cigarettes is required every three years after initial certification. Refer to OAR 837-035-0100 for re-certification requirements. (4) In addition to the above listed requirements, cigarette manufacturers, wholesaler dealers and retailers who sell cigarettes in Oregon must also comply with: (a) ORS 476.755 through 476.806; (b) OAR 837-035-0000 through 837-035-0340; (c) All applicable federal, state and local laws, rules and regulations pertaining to cigarettes. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0080 Certification Requirements (1) Cigarette manufacturers must submit written certification to the OSFM attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780, and meets the fire safety performance standard under 476.755 through 476.806 as proof that cigarette varieties have reduced ignition propensity. (2) Certifications are valid for three years from the date of receipt by the OSFM. (3) Written certifications must fulfill the requirements of ORS 476.780, for each cigarette variety. In particular, certifications must contain the following information for each variety of cigarette listed: (a) The brand name shown on the cigarette packaging; (b) The style or pack identifier; (c) The length in millimeters; (d) The circumference in millimeters; (e) The flavor, such as menthol or chocolate, if applicable; (f) Whether the cigarette is filtered or nonfiltered; (g) A packaging description, such as soft pack or box; (h) A description of the packaging marking approved by the OSFM under ORS 476.785; (i) The name, address and telephone number of the laboratory conducting the ignition propensity testing, if other than the laboratory of the manufacturer; (j) The date of the ignition propensity testing. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0100 Recertification Requirements (1) Manufacturers must provide written re-certification to the OSFM within three years after the initial certification was received by the OSFM, and each three year period afterward. (2) The re-certification must fulfill the requirements of ORS 476.780, for each cigarette variety. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0120 Test Method (1) Cigarette varieties must be tested using the American Society for Testing & Materials (ASTM) International specification E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes or another test method approved by the OSFM consistent with ORS 476.770. (2) The laboratory conducting ignition propensity testing must have a quality control and assurance program. The program must ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatability value of ignition propensity testing may not be greater than 0.19. (3) Ignition propensity testing used in a manufacturer certification submitted to the OSFM must be conducted in a laboratory accredited under: (a) The International Organization for Standardization/International Electrotechnical Commission ISO/IEC 17025 Standard of International Organization for Standardization, or (b) A standard recognized by the OSFM consistent with ORS 476.775(b). (4) Refer to ORS 476.770 and 476.775 for all testing and quality control requirements. (5) A cigarette manufacturer may propose a test method and performance standard if OSFM determines that a variety of cigarettes cannot be tested as described in OAR 837-035-0120(1). Upon approval by the OSFM, the manufacturer may use the test method and performance standard to certify the cigarette. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0140 Performance Standard (1) As required by ORS 476.770(6), no more than 25 percent of the cigarettes tested in a complete test trial conducted in accordance with an ignition propensity testing method described in 476.775, may exhibit full length burns. (2) Each cigarette listed in a certification using lowered permeability bands in the cigarette paper to achieve compliance must have (for cigarettes on which the bands are not positioned by design): (a) At least two nominally identical bands on the paper surrounding the tobacco column; and (b) At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette. (3) For cigarettes on which the bands are positioned by design, there must be: (a) At least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column; or (b) 10 millimeters from the labeled end of the tobacco column for a non-filtered cigarette. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0160 Packaging Marking (1) Manufacturers must mark all packaging for cigarettes to indicate that cigarettes sold in this state are fire standard compliant (reduced ignition propensity). A manufacturer must submit to the State Fire Marshal a proposal for marking cigarette packaging. Proposed packaging marking must be in eight-point font or larger and consist of one of the following: (a) Modification of the universal product code to indicate a visible mark printed at or around the universal product code. The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the universal product code; (b) A visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping; (c) Printed, stamped, engraved or embossed test indicating the cigarettes meet the fire safety performance standard established in ORS 476.770(6). (2) The OSFM will approve or disapprove the proposal for packaging marking, and packaging marking proposals not approved or denied by the OSFM within 10 days of receipt are deemed approved. In determining whether to approve or disapprove a proposal for packaging marking, the OSFM must approve packaging marking with the letters "FSC" (signifying fire standard compliant). (3) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0180 Modification of Packaging Markings (1) Any proposed modifications to packaging markings must be submitted to the OSFM for approval before use. (2) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0200 Manufacturer Requirements (1) In addition to the requirements of this division, manufacturers may sell only cigarettes that are fire standard compliant (reduced ignition propensity) to Oregon wholesaler and retailer dealers. (2) Manufacturers of any cigarette varieties must submit written certification to the OSFM and their wholesale dealers ensuring their cigarettes are fire standard compliant (reduced ignition propensity). (3) If a manufacturer makes any changes to a cigarette that are likely to alter the cigarette's compliance with the fire safety performance standard described in ORS 476.770(6), the manufacturer must retest to ensure the cigarette still is fire standard compliant (reduced ignition propensity) before distributing. (4) Manufacturers must retain copies of all test data for at least three years, and provide test data to the OSFM or Attorney General upon request. (5) Manufacturers must submit proposals for packaging marking to the OSFM for approval. Refer to OAR 837-035-0160 for packaging marking requirements. (6) Manufacturers must provide enough copies of the packaging marking illustration to wholesale dealers to allow them to provide one copy to each retail dealer. (7) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0220 Wholesale Dealer Requirements (1) Wholesale dealers must provide one copy of the manufacturer's cigarette packaging marking illustration to each retail dealer. (2) Wholesale dealers may sell only fire standard compliant/reduced ignition propensity cigarettes. (3) Wholesale dealers may house non-compliant cigarettes in Oregon, provided they are not to be sold in Oregon. (4) Violations of this section are subject to a civil penalty as referenced in ORS 476.765, 476.995 and OAR 837-035-0320. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0240 Retail Dealer Requirements (1) Retail dealers may sell only fire standard compliant/reduced ignition propensity cigarettes. (2) Violations of this section are subject to a civil penalty as referenced in ORS 476.765 and OAR 837-035-0320. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 1-2012, f. & cert. ef. 1-24-12 OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0260 Inspections The OSFM or an authorized representative may inspect Oregon wholesale dealers, agents, and retailers for compliance with ORS 476.760. Inspections include packaging, certification, cigarettes, and any other documents to determine compliance with ORS 476.760, 476.770 and 476.785. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0280 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: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0300 Seizure of Non-Compliant Product (1) The OSFM, or an authorized representative, may seize and make subject to forfeiture any cigarette that: (a) Is not fire standard compliant/reduced ignition propensity; (b) Bears a packaging marking not approved by the OSFM. (2) If seized cigarettes are determined to be non-compliant, the manufacturer will be given the opportunity to inspect the cigarettes and packaging. (3) Non-compliant cigarettes that have been forfeited must be destroyed by the OSFM only after allowing the manufacturer to inspect the cigarettes and packaging. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0320 Civil Penalties (1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of ORS 476.760 through 476.806, or OAR 837-035-0000 through 837-035-0340. Refer to the following penalty matrix for penalties established by ORS 476.995: (a) Distributing or offering to sell non-compliant cigarettes to a wholesale or retail dealer: $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater; (b) Distributing or offering to sell not more than 1,000 non-compliant cigarettes to consumers: $500; (c) Distributing or offering to sell more than 1,000 non-compliant cigarettes to consumers: $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater. (2) Each day a person distributes or offers to sell cigarettes after being notified by the OSFM that the distribution or offer to sell cigarettes is in violation of ORS 476.760, 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 Cigarette Fire Safety Fund of the OSFM. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-035-0340 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 violatio; (b) Recover civil penaltie; (c) Recover attorney fees and other enforcement costs and disbursements. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07
837-039-0001 Scope and Application (1) This Division improves fire protection services by: (a) Eliminating duplication in the administration of state and local fire protection programs; (b) Giving the regulated community reasonable notice of how governmental subdivisions must enforce fire regulations and provide fire prevention services; and (c) Providing a procedure to assure that fire codes adopted and administered by local governmental subdivisions are consistent with the minimum standards established by the State Fire Marshal. (2) This Division includes six program elements: (a) The criteria and application procedures to be used by governmental subdivisions applying for exempt status under ORS 476.030(3); (b) The evaluation process to be used by the State Fire Marshal to assure that the adoption and administration of local fire codes equal or exceed those adopted and administered by the Department of the State Fire Marshal; (c) A description of those programs which must not be delegated to local jurisdictions under the exempt jurisdiction program; (d) A description of nonexempt jurisdictions’ responsibilities under ORS 476.060 and the enforcement activities including imminent life or property threats, and inspection and enforcement of the state fire code. (e) A description of the appeals process to be used for fire code inconsistency findings, denied applications for exempt status, or for terminations of exempt status. (f) The certification and training requirements for plan reviews and conducting fire code enforcement related to a fire official’s scope of practice. (3) This Division does not provide for the creation of fully exempt jurisdictions in the State of Oregon. NOTE: There has been some confusion in past years as to the scope of the exempt jurisdiction program. Although ORS 476.030(3) authorizes the State Fire Marshal to "fully" exempt qualifying local governmental subdivisions from the State's fire laws, the State has not done so. There are some programs which have statewide impact and are, therefore, more reasonably managed at the state level. See OAR 837-039-0050. Statutory/Other Authority: ORS 476.030 Statutes/Other Implemented: ORS 476 History: OSFM 50-2023, minor correction filed 07/03/2023, effective 07/03/2023 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