justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 479 — Protection of Buildings From

ORS 479.155. Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (1) As used in this section, director means the Director of the Department of Consumer and Business Services. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal. (3) A declaration of the value of the proposed construction or alteration and the appropriate fee required under ORS 455.210 must accompany the plan or sketch. However, the determination of value or valuation shall be made by the director. (4) The director shall be furnished with not fewer than two accurate copies of the plan or sketch and details for the purpose of ascertaining compliance with applicable fire prevention and protection statutes and regulations. The plan examiner shall indicate on the plan or sketch and in writing approval or disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by the director and one copy shall be returned to the applicant. No building or structure referred to in subsection (2) of this section shall be erected or constructed without approval by the director if the building or structure requires approval by the State Fire Marshal. After such approval or issuance of the required permit, construction or alteration must comply with the plan or sketch in all respects unless modified by subsequent permit or order of the director. (5) The approval of a plan or sketch may not be construed to be a permit for, or an approval of, any violation of any statute or regulation or the applicable ordinances and regulations of any governmental subdivision of the state. The approval of a plan or sketch may not be construed as an approval for noncompliance with fire marshal regulations. Any condition upon approval or disapproval is an order subject to appeal as other orders are appealable. (6) Notwithstanding the requirements of subsections (2) and (4) of this section, the State Fire Marshal may, by rule, require an additional copy of a plan or sketch for local government use and may specify that plans or sketches submitted for review be drawn clearly and to scale.
ORS Chapter 479 — Protection of Buildings From

ORS 479.160. [Repealed by 2011 c.97 9]
ORS Chapter 479 — Protection of Buildings From

ORS 479.165. Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code. (2) Fire officials who review plans, new construction, alterations and specifications from a uniform fire code shall be certified under subsection (1) of this section. (3) Nothing in this section shall be construed to expand the duties of the State Fire Marshal with respect to regulating additional types of structures.
ORS Chapter 479 — Protection of Buildings From

ORS 479.168. (1) Alter in its various modes and tenses and its participial forms refers to an alteration. (2) Alterations, as applied to a building or structure, means any change, addition or modification in construction or occupancy. (3) Construction means the making, building, alteration, erection, reconstruction, rebuilding or production of a building or addition or extension thereto, or enlargement thereof, in any manner not included in the term repair. (4) Family means an individual or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit. (5) Hospital means a building of any sort in which sick or injured persons are received or kept for medical, surgical or nursing purposes. (6) Occupancy means the purpose for which a building or structure is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors. (7) Owner includes a duly authorized agent or attorney, a purchaser, a devisee, a fiduciary and a person having a vested or contingent interest in the property in question. (8) Private residence means that part of a single, double or multiple dwelling house or building occupied as living or sleeping quarters by one or more family units, exclusive of any portion of such house or building devoted to commercial, processing or manufacturing use. (9) Public building means a building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, state buildings, courthouses, schools, colleges, libraries, museums, exhibit buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation piers, grandstands and bleachers in exhibition parks or fields, and jails. (10) Repair means restoration of an existing thing to its former state, to refit, to mend, to make good. Repair does not include construction, reconstruction, alteration or rebuilding of a building or any part thereof.
ORS Chapter 479 — Protection of Buildings From

ORS 479.170. Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied. (2) If the officer finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable condition of any kind, dangerous to the safety of the buildings or premises or human life, the officer shall order such materials removed or remedied. (3) The order shall be made against and served personally or by registered letter upon the owner, lessee or occupant of the building or premises. Thereupon it shall be complied with by the owner, lessee, agent or occupant within the time fixed in the order. Upon failure to comply, the State Fire Marshal may close the building or premises for use or occupancy until compliance has been made.
ORS Chapter 479 — Protection of Buildings From

ORS 479.190. Liability in damages for failure to comply with order under ORS 479.170. Anyone whose person or property is injured by reason of the failure of the owner or occupant to comply with any order under ORS 479.170 not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, or by any fire originating in the building or premises while the order is in effect and not complied with, may recover from the owner or occupant the actual damage suffered.
ORS Chapter 479 — Protection of Buildings From

ORS 479.195. Assembly occupancy limits; prohibition against exceeding limit; remedies. (1) As used in this section, assembly occupancy means the use of a building or structure, or a portion of a building or structure, in a manner that is classified as an Assembly Group A occupancy under the structural specialty code described in ORS chapter 455. (2) If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided by ORS 476.030 (3), upon examination or inspection finds that the number of persons present under an assembly occupancy is in excess of the maximum number of persons allowed at any one time as set forth in a capacity notice, the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided in ORS 476.030 (3), may prohibit the assembly occupancy until compliance has been made. (3) The owner of any building or structure for which an assembly occupancy is prohibited under subsection (2) of this section shall have immediate access to the circuit court for the county in which the building or structure is located for review of the order prohibiting the occupancy assembly. Such access may be in the form of any appropriate judicial proceeding and shall be given priority over all other cases on the docket of the circuit court. (4) The prohibition provided for in subsection (2) of this section does not exclude any other remedies available to the State Fire Marshal, deputies, or approved authority, as provided by ORS 476.030 (3).
ORS Chapter 479 — Protection of Buildings From

ORS 479.200. Fire protection water supply for public buildings; rules. Any public building, as defined in ORS 479.168, erected after July 1, 1967, must have a readily available fire protection water supply. The State Fire Marshal shall adopt rules for determining the fire protection water supply for a public building. [1967 c.417 19; 2005 c.22 365; 2011 c.97 5] INSPECTION OF INSTITUTIONS
ORS Chapter 479 — Protection of Buildings From

ORS 479.210. Institution defined for ORS 479.215 to 479.220. As used in ORS
ORS Chapter 479 — Protection of Buildings From

ORS 479.215. Institution not to be licensed or certificated unless in compliance with fire safety requirements; inspection; list of licensed or approved institutions. (1) Except as provided in subsection (3) of this section or in ORS 479.217, the Department of Human Services or the Oregon Health Authority may not issue an initial license or an initial certificate of approval to any institution when the State Fire Marshal, or an approved representative as provided in subsection (3) of this section, notifies in writing that the institution is not in substantial compliance with all applicable laws and rules relating to safety from fire established pursuant to ORS 476.030. (2) On January 1st of each year or as soon thereafter as practicable, the department and the authority shall furnish the State Fire Marshal with a complete list of all institutions licensed or approved by the department or the authority within the State of Oregon. (3) The State Fire Marshal, deputy or the approved authority shall make or have made at least once each year an inspection of any such licensed or approved institution to determine its substantial compliance with the laws and rules as provided in subsection (1) of this section. If any required corrective measures are not completed within the reasonable time fixed or an extension thereof made by order of the inspecting authority, the department or the Oregon Health Authority shall be notified of the fact of noncompliance and appropriate action shall be initiated in accordance with provisions of ORS 476.030 and 479.170. Except as provided in ORS 479.217, if, at any time, the State Fire Marshal, or deputy, or the approved authority notifies the department or the Oregon Health Authority in writing that an institution is not in substantial compliance with all applicable laws and rules as provided in subsection (1) of this section, the licensing agency shall deny, withhold, suspend or revoke the license or certificate of approval of the institution. (4) When an area has been exempted by the State Fire Marshal under ORS 476.030, certification, annual inspection and notification of noncompliance when appropriate, shall be made and performed by the approved authority of the governmental subdivision having jurisdiction in such area.
ORS Chapter 479 — Protection of Buildings From

ORS 479.217. Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal. (1) In lieu of an inspection approval by the State Fire Marshal or the approved authority of a governmental subdivision having jurisdiction in an area exempted by the State Fire Marshal, under ORS
ORS Chapter 479 — Protection of Buildings From

ORS 479.220. Institution inspection by State Fire Marshal; notification to licensing agency of noncompliance. When application is made for the initial issuance or reinstatement of a license or certificate of approval to operate and maintain an institution, or for an enlargement or addition to a licensed or approved institution, the licensing agency shall notify in writing the State Fire Marshal, and the State Fire Marshal or deputy, or the approved authority in the case of an institution located in an area exempted under ORS 476.030, shall within 30 days inspect the institution as authorized by ORS 476.150 and within that time shall notify the licensing agency in writing when the institution is not substantially in compliance with all applicable laws and rules. [1961 c.316 3; 1963 c.202 3; 1965 c.602 23; 1967 c.89 9; 1973 c.832 13; 2009 c.595 980] RESIDENTIAL BUILDINGS
ORS Chapter 479 — Protection of Buildings From

ORS 479.250. Definitions for ORS 479.250 to 479.305. As used in ORS 479.250 to 479.305, unless the context requires otherwise: (1) Door knock alerting device or door knock device means an approved electronic unit that alerts an occupant who is hard of hearing of a knock on the door of the sleeping room that the person who is hard of hearing is occupying. (2) Dwelling unit means a structure or part of a structure providing complete, independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking and sanitation. (3) Hotel means any building containing six or more guest rooms that are rented, hired out or made available on a regular basis for sleeping purposes but are not used as a primary residence. (4) Landlord means the owner, lessor or sublessor of the rental dwelling unit or guest room in the building of which it is a part. (5) Lodging house is any building or portion thereof containing not more than five guest rooms that are made available for sleeping purposes in exchange for compensation paid in money, goods, labor or other tender but are not used as a primary residence. (6) Smoke alarm means a self-contained single or multiple station detection device for products of combustion other than heat that conforms to the state building code and rules of the State Fire Marshal and that is listed by Underwriters Laboratories or any other nationally recognized testing laboratory. Smoke alarm includes but is not limited to devices listed under UL 217 (1998). Smoke alarm may include two or more single station units wired to operate in conjunction with each other. (7) Smoke alarm for persons who are hard of hearing means an approved smoke alarm that, when activated by smoke or products of combustion, produces an audible and a visual warning. The visual warning shall produce a light signal sufficient to warn a person who is hard of hearing of the presence of fire or smoke. (8) Smoke detector means a device that is not self-contained, that detects products of combustion other than heat, that is intended for use in conjunction with a central control panel, that conforms to the state building code and rules of the State Fire Marshal and that is listed by Underwriters Laboratories or any other nationally recognized testing laboratory. Smoke detector includes but is not limited to devices listed under UL 268 (1998). (9) State building code shall have the meaning for that term provided under ORS 455.010. (10) Tenant means a person entitled to occupy a dwelling unit on a rental or lease basis.
ORS Chapter 479 — Protection of Buildings From

ORS 479.255. Smoke alarm or smoke detector required in certain structures; alarms and devices for persons who are hard of hearing. (1) Every dwelling unit regulated under ORS chapter 90, every lodging house and every hotel guest room shall contain an approved and properly functioning smoke alarm or smoke detector, installed in accordance with the state building code and rules of the State Fire Marshal. (2) A hotel shall provide no fewer than one smoke alarm for persons who are hard of hearing and one door knock device for each 75, or fraction thereof, rooms of the hotel that are regularly used for sleeping. (3) If a person renting a room in a hotel requests a room with a smoke detector or a smoke alarm for persons who are hard of hearing and a door knock device, the landlord shall: (a) Install a portable smoke alarm for persons who are hard of hearing and a door knock device; or (b) Provide the person with a room in which a smoke detector or smoke alarm for persons who are hard of hearing and a door knock device have been permanently installed. (4) The landlord may require a guest to pay a refundable deposit if the landlord provides the smoke alarm for persons who are hard of hearing under subsection (3)(a) of this section. (5) A hotel shall provide a printed notice of the requirements of subsection (3) of this section, posted conspicuously at the place of registration or in each guest room.
ORS Chapter 479 — Protection of Buildings From

ORS 479.257. Design features required for certain smoke alarms; rules. (1) Not later than January 1, 2002, every smoke alarm installed in a dwelling unit regulated under ORS chapter 90, a lodging house or a hotel guest room, as required under ORS 479.255, shall contain the features described in ORS 479.297 (1) and (2). (2) The State Fire Marshal by rule may exempt hotels with sprinkler fire suppression systems from the requirements of this section. [1999 c.307 2a] Note:
ORS Chapter 479 — Protection of Buildings From

ORS 479.258. Provision of notice of smoke alarm or smoke detector requirements for persons who are hard of hearing; rules. A landlord shall provide notice of the requirements of ORS 479.250 to 479.258, 479.280 and 479.295 in a form and manner as specified by rule by the State Fire Marshal.
ORS Chapter 479 — Protection of Buildings From

ORS 479.260. Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited. (1) A person may not convey fee title to any real property that includes a dwelling unit or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or the required number of approved smoke alarms, installed in accordance with the state building code and rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms required by this subsection must meet the requirements of ORS 479.297. (2)(a) A person may not convey ownership or transfer possession of any manufactured dwelling, as defined in ORS 446.003, unless there is installed in the manufactured dwelling the required number of approved smoke alarms or smoke detectors, installed in accordance with the state building code or with the federal manufactured dwelling construction and safety standards adopted under ORS 446.155. (b) A smoke alarm installed in a manufactured dwelling that is resold by a person other than the manufacturer or authorized dealer must meet the requirements of ORS 479.297.
ORS Chapter 479 — Protection of Buildings From

ORS 479.265. Action for unlawful transfer of dwelling unit; damages; attorney fees. Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260 may bring an individual action in an appropriate court to recover actual damages or $50, whichever is greater. In any action brought by a person under this section, the court may award to the prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal and costs. Actions brought under this section must be commenced within one year of the date of sale or transfer. Notwithstanding the provisions of this section, violation of ORS 479.260 does not affect the transfer of the title, ownership or possession of the dwelling unit.
ORS Chapter 479 — Protection of Buildings From

ORS 479.270. Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector; instructions for testing to be provided. (1) The owner of any rental dwelling unit or the owners authorized agent shall be responsible for supplying, installing and maintaining the required smoke alarms or smoke detectors and shall provide a written notice containing instructions for testing of the devices. The notice shall be given to the tenant at the time the tenant first takes possession of the premises. (2) The duty of the owner or authorized agent of the owner to maintain the required smoke alarms or smoke detectors, including providing working batteries, arises only: (a) Prior to the beginning of every new tenancy when the tenant first takes possession of the premises; and (b) During the tenancy upon written notice from the tenant of any deficiency, not including replacing dead batteries, as provided in ORS 479.275. (3) Supplying and maintaining a smoke alarm or smoke detector under ORS 479.250 to
ORS Chapter 479 — Protection of Buildings From

ORS 479.275. Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries. It shall be the responsibility of the tenant of any rental dwelling unit to perform such tests on the smoke alarms or smoke detectors located in a part of the dwelling unit that the tenant is entitled to occupy to the exclusion of others as are recommended by the manufacturers instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. Testing intervals shall not exceed six months. It shall also be the responsibility of the tenant during the tenancy to replace any dead batteries, as needed.
ORS Chapter 479 — Protection of Buildings From

ORS 479.280. Lack of properly operating smoke alarm or smoke detector; complaint; investigation; citation. (1) If a rental dwelling unit is not equipped with the required smoke alarm or smoke detector, or if the smoke alarm or smoke detector is not operating properly and the owner or the owners authorized agent has not installed a properly operating smoke alarm or smoke detector within 10 days after receiving written notice from the tenant of the deficiency, the tenant may file a complaint with the State Fire Marshal or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction. (2) Upon receipt of a complaint filed under subsection (1) of this section, the State Fire Marshal or the appropriate local fire official shall investigate the alleged violation of ORS 479.250 to 479.305. If the State Fire Marshal or appropriate local fire official finds that the landlord has failed to install a properly operating smoke alarm or smoke detector in the unit under investigation, the State Fire Marshal or local fire official may issue a citation which shall substantially conform to the requirements for a citation under ORS chapter 153. (3) In the absence of a complaint from the tenant, the State Fire Marshal or an appropriate local fire official may initiate the citation process by presenting the owner with a written notice of the deficiency and specifying a period of not less than 10 days for compliance. (4) If the State Fire Marshal or appropriate local fire official finds that the landlord of a hotel or lodging house has failed to comply with the requirements of ORS 479.255 (2) or (3), the State Fire Marshal or local fire official may issue a citation which shall substantially conform to the requirements for a citation under ORS chapter 153.