justicedao/ipfs_state_laws huggingface dataset:
837-001-0000 Notice of Proposed Rule Before adopting, amending or repealing any permanent rule, the State Fire Marshal will give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the State Fire Marshal's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) League of Oregon Cities; (c) State Building Code Division; (d) Fire Standards and Accreditation Board; (e) Accident Prevention Division, Workmen's Compensation Board; (f) Association of Oregon Counties; (g) Oregon Fire Chiefs Association; (h) Oregon Fire Marshals Association; (i) Associated General Contractors; (j) Oregon Council of AIA; (k) International Conference of Building Officials; (l) Housing Urban Development; (m) Oregon State Health Division; (n) Department of Commerce; (o) Professional Engineers of Oregon; (p) Oregon Association of Hospitals; (q) Northwest Natural Gas; (r) Capitol Press Room; (s) Oregon State Bar; (t) Department of Human Resources; (u) Oregon Labor Press; (v) Oregon States Association of PHCC; (w) Oregon Health Care Association; (x) Oregon State Home Builders Association. Statutory/Other Authority: ORS 183.360 & 476.030 Statutes/Other Implemented: ORS 183.335, 183.360 & 476.030 History: OSFM 11-2000, f. 9-22-00, cert. ef. 11-13-00 FM 72, f. & ef. 1-26-76
837-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the State Fire Marshal adopts by reference the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act effective January 1, 2006. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Fire Marshal.] Statutory/Other Authority: ORS 183.341, 183.360 & 476.030 Statutes/Other Implemented: ORS 183.335, 476.030 & 183.341 History: OSFM 11-2006, f. & cert. ef. 6-21-06 OSFM 16-2000, f. 12-8-00, cert. ef. 1-26-01 OSFM 2-2000, f. 2-3-00, cert. ef. 3-22-00 FM 1-1992, f. & cert. ef. 1-7-92 FM 3-1990, f. & cert. ef. 7-3-90 FM 6-1988, f. & cert. ef. 7-28-88 FM 4-1986, f. & ef. 3-20-86 FM 3-1983, f. 10-18-83, ef. 11-1-83 FM 1-1982, f. 1-22-82, ef. 2-1-82 FM 1-1980, f. & ef. 2-20-80 FM 2-1978, f. 4-27-78, ef. 5-1-78 FM 82, f. & ef. 6-7-76 FM 14a, f. 2-2-60, ef. 3-10-60
837-001-0010 Purpose and Scope—Refund of Moneys (1) Pursuant to ORS 293.445, this rule provides for the refund of fees paid in excess of the amount legally due the State Fire Marshal pursuant to ORS Chapters 476 and 480. (2) The State Fire Marshal shall not refund fees paid in excess of the amount legally due, if the amount is $10 or less: (a) Unless a refund is requested in writing by the applicant or the applicant’s legal representative; and (b) Unless the request is received within three years after the date payment is received by the State Fire Marshal. Statutory/Other Authority: ORS 293, 476 & 480 Statutes/Other Implemented: ORS 293.445 History: FM 2-1987, f. & ef. 6-16-87
837-001-0015 Authorized Representatives in Contested Case Hearings Contemplated Under ORS 453.382, 453.404, 480.355, 480.385, and 183.310 (1) A partnership, corporation, association, organized group or governmental authority other than a state agency may appear in a contested case by an authorized representative if the Fire Marshal has determined that appearance by an authorized representative will not hinder the orderly and timely development of the record in the contested case. This rule applies to the types of contested cases contemplated under ORS 453.382, 453.404, 480.355, 480.385, and 183.310. (2) For purposes of this rule, “authorized representative” means a member of a participating partnership, an authorized officer or employee or a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency. Statutory/Other Authority: ORS 183.455(2) Statutes/Other Implemented: ORS 183.455(2), 453.382, 453.404, 480.355, 480.385 & 183.310 History: OSFM 4-1998, f. 11-24-98, cert. ef. 12-18-98 OSFM 2-1998(Temp), f. & cert. ef. 6-25-98 thru 12-18-98
837-001-0020 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Department of the State Fire Marshal adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 & ORS 476.030 Statutes/Other Implemented: ORS 36.224, ORS 36.228, ORS 36.230 & ORS 36.232 History: OSFM 1-2024, adopt filed 03/15/2024, effective 03/15/2024 OSFM 120-2023, temporary adopt filed 09/20/2023, effective 09/20/2023 through 03/17/2024
837-007-0200 Statement of Purpose and Statutory Authority These rules control the Department’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the Department as an employee, contractor, subcontractor, vendor or volunteer covered by OAR 837-007-0220. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0220 Subject Individual The Department may require a Subject Individual to complete a criminal records check due to the following reasons: (1) Is applying for employment or is employed with the Department; or (2) Provides services or seeks to provide services to the Department as a contractor, subcontractor, vendor or volunteer. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0230 Criminal Records Check Process A subject individual will be required to have a criminal records check. (1) Preliminary to performing a criminal records check, a subject individual shall complete and sign the Department Applicant Background Check Release Authorization. Applicant Background Check Release Authorization require the following information: name, Social Security Number, driver’s license or identification card number, and any other identifying information deemed necessary by the authorized designee. (2) Upon submission of Department Applicant Background Check Release Authorization form, subject individual will be required to be fingerprinted for the Nationwide Criminal Records Check (3) The Oregon State Police conducts a Nationwide Criminal Records Check and provides the results to the Department. (4) The Department shall not request a Department Criminal Records Request from a subject individual under the age of 18 years unless the Department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Failure to consent, however, may be construed as a failure to complete process under OAR 837-007-0280(2). (5) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by the Department in order to resolve any issue(s) hindering the completion of a criminal records check. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0240 Hiring on a Preliminary Basis (1) An authorized designee may conduct a preliminary fitness determination pending the receipt of the Nationwide Criminal Records check and the Department Weigh Test. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Department. (3) A subject individual hired on a preliminary basis is deemed to be on trial service. If the subject individual is denied upon completion of a final fitness determination, as provided under OAR 837-007-0250(2), then the Department shall immediately terminate the subject individual’s employment in or appointment to a position. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0250 Final Fitness Determination An authorized designee shall make a fitness determination using the Department Weight Test Worksheet about a subject individual based on information provided by the subject individual under OAR 837-007-0230, and any criminal records check(s) conducted. False statements and omissions provided by the subject individual may be cause for denial. (1) Approval. The subject individual is approved to work, obtain certifications, have direct access, or otherwise provide services as defined in OAR 837-007-0210(1). (2) Denial: (a) If a fitness determination shows credible evidence of any of the factors identified in the Department Weigh Test Worksheet, an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to the Department or the State, the authorized designee shall deny the subject individual as not fit for the position. (b) If a subject individual is denied as not fit, the subject individual may not be employed by or provide services as a volunteer or contractor to the Department in a position covered by OAR 837-007-0220. (3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. (4) If a final fitness determination is denial, the Department shall inform the subject individual of appeal rights via email or US mail to the most current contact information provided by the subject individual. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0260 Crimes Relevant to a Fitness Determination Crimes Relevant to a Fitness Determination will be evaluated through the Weight Test Worksheet, including: (1) All felonies; (2) All Class A misdemeanors; (3) Any United States Military crime or international crime; (4) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450; and (5) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section (1). Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0270 Appealing a Fitness Determination To contest a denial, a Subject Individual will follow the steps below: (1) A Subject Individual may choose to appeal a fitness determination under the process made available by this rule. The Department provides the Subject Individual an informal meeting with the Human Resources Director to allow Subject Individual to provide additional or corrected information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. The Department will conduct a new criminal records check, Weigh Test and re-evaluate the original fitness determination made under OAR 837-007-0250. (2) Office of Administrative Hearings (OAH): If the informal meeting with Human Resources results in a denial, the Subject Individual will be offered the option of a contested case hearing in the notice provided by the Department. To request a contested case hearing, the Subject Individual or the Subject Individual’s legal representative shall submit a written request for a contested case hearing as outlined in the notice provided under OAR 837-007-0250(4), within the time required by law. (3) When the fitness determination is performed as part of the Department’s final determination of the appeal process, the only remedy awarded is a determination the Subject Individual is fit or not fit. Under no circumstances shall the Department be required to place a Subject Individual in any position or be required to accept services or enter into a contractual agreement with a Subject Individual. (4) The Department will not be required to delay or postpone the Department’s hiring process or employment decision pending the appeal decision of a final fitness determination. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0280 Incomplete Fitness Determination (1) The Department will close the review for a final fitness determination when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 837-007-0220; (b) An authorized designee cannot locate or contact the subject individual; (c) The Department determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or (d) The position is no longer open. (2) Failure to Complete Process for Criminal Background Check. If the subject individual fails to complete any portion of the criminal background check process under OAR 837-007-0230, the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process. (3) A subject individual does not have a right to a contested case hearing under OAR 837-007-0270(2) to challenge the closing of an incomplete fitness determination. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0290 Recordkeeping and Confidentiality (1) Criminal Offender information obtained in the criminal records check is confidential. The Department will restrict the dissemination of information obtained in the criminal records check. Only authorized designees as identified by the Department with a legitimate need to know may have access to the information. (2) Records Received from the Oregon Department of State Police. Authorized designees shall maintain and disclose records received from the Oregon Department of State Police or an FBI authorized fingerprinting services vendor resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto, these rules, federal regulations, and any written agreement between the Department and the Oregon Department of State Police. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0300 Authorized Designees Appointment: (1) The State Fire Marshal, a Chief Deputy State Fire Marshal or Human Resources Director may serve as authorized designees and have access to records received from the Oregon Department of State Police or FBI in accordance with ORS Chapter 181A. (2) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true: (a) The authorized designee is a family member of the subject individual; or (b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship, the authorized designee shall consult with their supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-007-0310 Fees The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510 Statutes/Other Implemented: ORS 181A.195(9) History: OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025
837-012-0305 Purpose and Scope—Pest Control Fireworks in Oregon (1) These rules establish permit and other requirements for the use of pest control fireworks, as allowed under HB 2432 (2015 OL Ch. 57) and 480.124, to repel birds or other animals from certain properties. (2) A pest control fireworks permit allows the permit holder to engage only in those activities including the purchase, transportation, possession, storage and use of pest control fireworks (1.4E) when those activities are otherwise in conformance with the requirements of HB 2432 (2015 OL Ch. 57) and ORS 480.124, these rules, and any other applicable state, federal, or local requirements. (3) An individual member of the general public may not buy or use pest control fireworks unless they have applied for and obtained a pest control fireworks permit from the Department of the State Fire Marshal pursuant to these rules. Violation of these rules may result in confiscation of the fireworks, and the assessment of penalties in accordance with ORS 480.990 and OAR 837-012-0560. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 4-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02 FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0005
837-012-0310 Pest Control Fireworks Permit Applications (1) Any person engaged in, or intending to engage in, the use of pest control fireworks must apply for and obtain pest control fireworks permit issued by the Department of the State Fire Marshal. (2) Upon receipt of a properly completed and approved application, the Department of the State Fire Marshal will issue a nontransferable permit to the applicant or persons designated to discharge the fireworks. The State Fire Marshal may deny any application for a permit to discharge pest control fireworks upon determining the proposed purchase or use is not in accordance with these rules or applicable statutes. A separate pest control fireworks permit must be applied for and obtained for each property where a person desires to use pest control fireworks. A separate permit is not necessary for multiple contiguous properties if the applicant has responsible charge of all the properties. (3) The application for a pest control fireworks permit must be made on a form provided by the Department of the State Fire Marshal. (4) All information provided by the applicant on the permit application must be true and correct to the permit applicant’s knowledge. (5) All applications must include a statement describing the bird or animal activities that the applicant deems to be injurious or destructive to the property on which the pest control fireworks are to be used. Such statement shall also include the types of birds or animals to be repelled by pest control fireworks. (6) If a permit holder wishes to repel birds or animals not identified on the current permit, or wishes to address destructive or injurious activities not identified on the current permit, the permit holder must request the Department of the State Fire Marshal revise the permit. Prior to the Department of the State Fire Marshal revising the permit, the permit holder must submit a supplemental written statement identifying the birds or animals, or the activities that the applicant deems to be injurious or destructive to the property, on which the pest control fireworks are to be used. (7) The Department of the State Fire Marshal may grant or deny permit applications within 10 business days following receipt of a properly completed and submitted permit application. Any denial will be in conformance with ORS 183.310 to 183.550. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 5-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02 FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0010
837-012-0320 Storage of Pest Control Fireworks Pest control fireworks must be stored in accordance with the requirements of these rules, the OFC, and the OSSC. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02 FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0020
837-012-0325 Permits-Denial, Suspension, Revocation (1) The State Fire Marshal may deny, suspend or revoke a pest control fireworks permit for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12, or upon a determination the proposed or permitted use does not conform with federal or state law or local regulations. Any such revocation, suspension or denial will be in conformance with ORS 183.310 to 183.550. (2) The period of denial, suspension or revocation may not exceed three years. (3) The following criteria are used by the Department of the State Fire Marshal to determine the appropriate sanction: (a) The severity of the violation or violations and the impact on public safety, particularly if the circumstances of a violation presented a significant fire hazard or other public safety danger; (b) The number of similar or related violations; alleged to have been committed in the current transaction or occurrence; (c) Whether the violation or violations were willful or intentional; (d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the pest control fireworks permit holder or applicant; and (e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations. (4) Suspension or revocation of a pest control fireworks permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit. Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124 Statutes/Other Implemented: ORS 480.110 - 480.165 History: OSFM 7-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16 OSFM 3-2014, f. & cert. ef. 7-1-14 OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07 OSFM 3-2002, f. & cert. ef. 2-25-02 OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02 FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0025