reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0020 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 837-035-0000  through 837-035-0340  are effective upon date
				of filing.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions apply
				to OAR 837-035-0000  through 837-035-0340:
(1) "Authorized Representative of the State
			 Fire Marshal" means an employee of the State Fire Marshal, as well as
			 Assistants to the State Fire Marshal as defined in ORS
			 476.060.
(2) "Cigarette" means a roll for smoking:
(a) That is made wholly of tobacco, or of
			 tobacco and any other substance, regardless of size, shape or flavoring or
			 adulteration by or mixing with other ingredients, the wrapper of which is made
			 of paper or other non tobacco materials; and
(b) That, because of its appearance, the type
			 of tobacco used in the filler or its
packaging
and labeling,
			 is likely to be offered to or purchased by consumers as a
cigarette
.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0060 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS
			 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0080 - Certification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS
			 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0100 - Recertification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0120 - Test Method

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0140 - Performance Standard

Current through Register Vol. 63, No. 7, July 1, 2024
(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 ORS 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
.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0160 - Packaging Marking

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0180 - Modification of Packaging Markings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0200 - Manufacturer Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0220 - Wholesale Dealer Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0240 - Retail Dealer Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0260 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0280 - Cooperative Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 476
Stats. Implemented: ORS
				  476.755 -
				  476.806 &
				  476.995
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0300 - Seizure of Non-Compliant Product

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0320 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 35 - FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES › Section 837-035-0340 - Procedures, Hearings and Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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 violation;
(b)
			 Recover civil penalties;
(c)
			 Recover attorney fees and other enforcement costs and disbursements.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0001 - Scope and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Administration" (or "administrative") means the inspection, enforcement and
			 record-keeping systems used in the management of a fire
			 prevention/investigation program.
(2) "Appeal" means the delegated appeals
			 process as stated in section 12 of this rule which is offered to an aggrieved
			 party by the authority having jurisdiction which:
(a) Assures the aggrieved party is given the
			 due process of law;
(b) Is in
			 response to the aggrieved party having received an order from the authority
			 having jurisdiction;
(c) Is
			 requested by the aggrieved party; and
(d) Is consistent with the lawful authority
			 of the authority having jurisdiction.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0006 - Minimum Fire Code Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 476.030 and
			 476.120,
			 the State Fire Marshal is responsible for promulgating rules and regulations
			 which establish minimum standards for the protection of life and property from
			 the dangers of fire.
(2) To meet
			 this responsibility and to promote uniformity, the State Fire Marshal must
			 assure that locally adopted fire codes in both exempt and non-exempt
			 jurisdictions are consistent with minimum state fire code standards. Therefore,
			 in adopting a fire code, local governmental subdivisions must:
(a) Adopt by reference the fire code
			 promulgated by the State Fire Marshal; or
(b) Adopt a code that is consistent with
			 state fire protection statutes and, is equal to or more stringent than, the
			 fire code promulgated by the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0011 - Certification and Training Requirements for Plan Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0015 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.030(3)
				  & 476.120
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0016 - Certification and Training Requirements for Conducting Fire Code Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish statewide standards for certification and training requirements of
			 fire officials responsible for administration of a Fire Code approved by the
			 State Fire Marshal.
(a) Every person who
			 performs fire code enforcement must possess an Oregon Fire and Life Safety
			 Competency Recognition certificate from the Department of the State Fire
			 Marshal for the scope of work being performed.
(b) Every person who is transitioning between
			 recognition levels or newly hired must receive the necessary on-the-job
			 training experience and related technical instruction under the direct
			 supervision of an appropriately recognized fire official.
(A) When the fire code official determines
			 that a newly promoted or hired fire official responsible for fire code
			 enforcement are fully qualified to perform the duties of an Oregon Fire
			 Inspector I, II, or Oregon Fire Marshal, the newly hired fire official may work
			 independently without direct supervision.
(B) The newly promoted or hired fire official
			 responsible for fire code enforcement must meet the requirements of OAR
			 837-039-0016(1)(a)  within 12 months from date of hire.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0031 - Applications for Exempt Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0035 - Exempt Status Renewal and Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0041 - Appeals of Termination of Exempt Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.030(3)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0045 - Exemption Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 qualify for partially exempt status, an Exempt Jurisdiction must provide
			 evidence that they effectively administer and enforce the fire code sections
			 specified in their application.
(2)
			 The ability to effectively administer a fire code is demonstrated by meeting or
			 exceeding the qualifications described in this section.
(3) Exempt Jurisdiction shall employ a
			 sufficient number of competent fire code administration and inspection staff as
			 outlined in OAR 837-039-0016  adequate to:
(a)
			 Inspect regulated buildings on a frequency they deem necessary to provide a
			 reasonable level of fire and life safety in the applicant's service
			 area.
(b) Conduct inspections in
			 their service area of:
(A) Adult Foster Homes
			 shall be inspected upon request per ORS
			 476.030(5)
			 and (6); and
(B) Institutional facilities per ORS
			 479.210 such
			 as residential child caring facilities, inpatient care facilities, and
			 residential facilities shall be inspected annually per ORS
			 479.215.
			 The OSFM will provide annually a list of all facilities to be inspected;
			 and
(C) Institutional facilities
			 per ORS
			 479.220 shall
			 be inspected within 30 days from the date of the request; and
(D) Educational facilities grades K-12 shall
			 be inspected every two years as permitted by ORS
			 476.070 and
			 476.150.
(E) Nonresidential licensed daycare
			 facilities- shall be inspected upon request per ORS
			 329A.260(2)
			 and OAR 414-300-0010(13).
(c) Issue temporary permits in lieu of
			 inspections of institutional occupancies per ORS
			 479.217;
			 and
(d) Make necessary re
			 inspections at appropriate intervals to assure compliance with correction
			 orders issued in response to noted deficiencies in the applicant's service
			 area; and
(e) Make necessary
			 special inspections as warranted for unusual conditions, including but not
			 limited to, response to complaints of special hazards and special events
			 requiring supervision in the applicant's service area.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0050 - Programs Eligible for Delegation

Current through Register Vol. 63, No. 7, July 1, 2024
(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 040, ORS
			 480.010 through
			 480.095, Explosives
			 Generally;
(k) Except as otherwise
			 provided in OAR chapter 837, division 040, ORS
			 480.200 through
			 480.280, Manufacture, Sale,
			 Possession and Transfer of Explosives;
(l) Except as otherwise provided in OAR 837,
			 division 012, ORS 480.130, Permits Required for
			 Sale or Public Display of Fireworks; fee.
(m) Except as otherwise provided in OAR 837,
			 division 012, ORS 480.150, Permits for Fireworks
			 Sales or Displays; Rules; Security.
(n) Except as otherwise provided in OAR 837,
			 division 012, 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0056 - Exempt Jurisdiction Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.030,
				  837-039-0060
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0060 - Nonexempt Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0070 - Nonexempt Response to Imminent Life or Property Threats

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0080 - Inspections or Other Activities by Nonexempt Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 39 - ADMINISTRATION OF FIRE PREVENTION PROGRAMS › Section 837-039-0110 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  479.165
Stats. Implemented: ORS
				  479.165
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 40 - FIRE AND LIFE SAFETY REGULATIONS › Section 837-040-0001 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.)
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.030
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 40 - FIRE AND LIFE SAFETY REGULATIONS › Section 837-040-0010 - Adoption of the International Fire Code

Current through Register Vol. 63, No. 7, July 1, 2024
(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,
			 2022, the 2022 Oregon Fire Code which is the 2021 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 2022 Oregon Fire Code in
			 new construction plan review only, the 2019 Oregon Fire Code is adopted for a
			 period of 90-days beginning October 1, 2022 and ending December 31,
			 2022.
(b) During the 90-day
			 phase-in period established in subsection (3)(a), new construction plan reviews
			 will be reviewed to either the 2022 Oregon Fire Code or the 2019 Oregon Fire
			 Code as directed by the local building official.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 40 - FIRE AND LIFE SAFETY REGULATIONS › Section 837-040-0015 - Proposed Code Amendment Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 a fire code advisory committee. 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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 40 - FIRE AND LIFE SAFETY REGULATIONS › Section 837-040-0020 - Amendments to the Oregon Fire Code

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 40 - FIRE AND LIFE SAFETY REGULATIONS › Section 837-040-0140 - Adoption of the Oregon Structural Specialty Code and Oregon Mechanical Specialty Code

Current through Register Vol. 63, No. 7, July 1, 2024
The fire and life safety provisions of the 2022 edition of the
				Oregon Structural Specialty Code and the 2022 edition of the Oregon Mechanical
				Specialty Code is hereby adopted as a standard 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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 42 - OREGON FIRE CODE ADVISORY BOARD › Section 837-042-1000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 42 - OREGON FIRE CODE ADVISORY BOARD › Section 837-042-1100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 42 - OREGON FIRE CODE ADVISORY BOARD › Section 837-042-1200 - Membership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Fire
			 Code Advisory Board shall consist of members broadly representative of the
			 industries, associations, and professions involved in the development and
			 implementation of the Oregon Fire Code and Oregon Structural Code, including:
(a) A representative of the Oregon Fire
			 Chiefs Association;
(b) Two
			 representatives of the Oregon Fire Marshals Association;
(c) A representative of the Oregon Building
			 Codes Division;
(d) A design
			 professional;
(e) A representative
			 of business or industry; and
(f) A
			 public member at large.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0040 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish safety requirements
				for the installation and maintenance of smoke alarms and smoke detectors in
				existing buildings, and to establish standards and procedures for the
				enforcement of those requirements, for the protection of Oregon residents from
				fire.
Stat. Auth.: ORS
				  479.255 & ORS
				  479.295
Stats. Implemented: ORS
				  479.250 - ORS
				  479.300 & ORS
				  479.990
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0045 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Approved
			 Sprinkler Fire Suppression System" means a fire suppression system:
(a) Constructed in accordance with the
			 National Fire Protection Association (NFPA) Standard 13 or 13R as referenced in
			 the State Building Code under OAR 918-460-0010  in effect on October 1, 2000;
			 and
(b) Inspected and approved by
			 the building official; and
(c)
			 Inspected and certified annually by the Authority Having Jurisdiction as being
			 in compliance with NFPA Standard 25 (1998 ed.).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0050 - Installation and Location of Smoke Alarms and Smoke Detectors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All smoke
			 alarms or smoke detectors shall be installed and located in accordance with the
			 listing and manufacturer's instructions and OAR 837-045-0045  through
			 837-045-0060.
(2) Dwelling Units:
(a) Smoke alarms and smoke detectors in
			 dwelling units shall be installed in each sleeping room as per the applicable
			 requirements of the State Building Code at the time of construction and in the
			 corridor or area giving access to sleeping areas according to the
			 manufacturer's instructions. Where sleeping areas are located on an upper
			 level, the smoke alarm or smoke detector shall be installed in an accessible
			 location as close as practical to the center of the ceiling directly over the
			 stairway. Where sleeping areas are widely separated (i.e., on different levels
			 or opposite ends of the dwelling unit) and/or where a single smoke alarm or
			 smoke detector will not adequately service all sleeping areas, a smoke alarm or
			 smoke detector shall be installed adjacent to each sleeping area.
(b) When activated, the installed smoke
			 alarm(s) or smoke detector(s) shall produce an alarm sound audible in the
			 dwelling unit, guestroom(s) and sleeping area(s).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0055 - Hotels with Approved Sprinkler Fire Suppression Systems

Current through Register Vol. 63, No. 7, July 1, 2024
Hotels that have installed an approved sprinkler fire
				suppression system are exempt from the requirements of ORS
				479.257(1).
Stat. Auth.: ORS
				  479.257 & ORS
				  479.295
Stats. Implemented: ORS
				  479.250 - ORS
				  479.300
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0060 - Power Source

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The power
			 supply of a smoke alarm shall be a commercial power source, an integral battery
			 or batteries or a combination of both. The power supply for a smoke detector
			 shall be a commercial power source.
(2) When a smoke alarm or smoke detector is
			 served from a commercial power source, the wiring shall be permanent and shall
			 not have a disconnecting switch other than that required for over current
			 protection.
(3) When a line cord
			 and plug is used, it shall be plugged directly into a fixed outlet box and the
			 plug shall be secured by a device that cannot be removed without the use of a
			 tool.
(4) The owner of a dwelling
			 unit, lodging house or hotel shall obtain a permit from the local building
			 official for the installation of a 110-volt smoke alarm or a low-voltage smoke
			 detector connected to a fire alarm control panel.
Stat. Auth.: ORS
				  479.255 & ORS
				  479.295
Stats. Implemented: ORS
				  479.250 - ORS
				  479.300
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0065 - Smoke Alarms for Hearing Impaired Persons or Smoke Detectors for Hearing Impaired Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Smoke alarms
			 for hearing impaired persons or smoke detectors for hearing impaired persons
			 shall meet:
(a) The requirements of ORS
			 479.250 to
			 479.300, except
			 479.297;
(b) The applicable requirements of the State
			 Building Code under OAR 918-460-0010  in effect on October 1, 2000;
			 and
(c) OAR 837-045-0040  to
			 837-045-0110.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0070 - Issuance of Notice of Deficiency Citations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire Marshal or local fire
			 authority may issue a notice of deficiency citation for a violation under ORS
			 479.990(6) or
			 the rules adopted thereto.
(2) Each
			 separate instance of non-compliance under ORS
			 479.990(6) or
			 the rules adopted thereto shall be considered a separate violation.
(3) A notice of deficiency citation may be
			 issued for each separate violation under ORS
			 479.990(6).
(4) A notice of deficiency citation shall be
			 on a form approved by the Department of the State Fire Marshal.
(5) For violations of ORS
			 479.255,
			 479.260,
			 479.270 or
			 479.280 or the rules adopted
			 thereto, the State Fire Marshal or local fire authority shall present a copy of
			 the notice of deficiency citation to the owner of the dwelling unit, lodging
			 house or hotel.
(6) For violations
			 of ORS 479.297, or the rules adopted
			 thereto, the State Fire Marshal or local fire authority shall present a copy of
			 the notice of deficiency citation to the owner or employee selling a smoke
			 alarm in violation of ORS
			 479.297.
(7) For violations of ORS
			 479.300, or the rules adopted
			 thereto, the State Fire Marshal or local fire authority shall present a copy of
			 the notice of deficiency citation to the person believed to have removed or
			 tampered with a properly functioning smoke alarm or smoke detector.
(8) The State Fire Marshal or local fire
			 authority shall present a copy of the notice of deficiency citation by:
(a) Personal service;
(b) Service by certified mail; or
(c) Service by regular
			 mail.