reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0075 - Forwarding Notice of Deficiency Citation to the Department of the State Fire Marshal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 re-inspection of the premises and completion of the notice of deficiency
			 citation under OAR 837-045-0070(10), the State Fire Marshal or local fire
			 authority shall:
(a) Retain a copy of the
			 notice of deficiency citation for its records; and
(b) Forward the original notice of deficiency
			 citation to the Department of the State Fire Marshal within ten days of the
			 re-inspection.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0080 - Assessment of Civil Penalty and Issuance of Notice of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt
			 and review of a notice of deficiency citation and, if applicable, any
			 accompanying documentation, the Department of the State Fire Marshal may assess
			 a civil penalty(ies).
(2) The
			 Department of the State Fire Marshal shall assess a penalty amount determined
			 by the Department of the State Fire Marshal to be appropriate for the
			 particular violation(s). In determining an appropriate penalty amount, or
			 whether to assess a penalty amount at all, the Department of the State Fire
			 Marshal may use the schedule set forth in OAR 837-045-0085  as a guideline and
			 may consider the following criteria:
(a) The
			 severity of the violation(s) or its impact on public safety;
(b) The number of similar or related
			 violations;
(c) Whether the
			 violation(s) was willful or intentional;
(d) The prior history of penalties imposed by
			 the Department of the State Fire Marshal against the person;
(e) Other circumstances determined by the
			 Department of the State Fire Marshal to be applicable to the particular
			 violation(s).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0085 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department of the State Fire Marshal adopts this civil penalty schedule. As
			 used in this rule, a violation will be considered a second or subsequent
			 violation if the person against whom the civil penalty is assessed was notified
			 verbally or in writing within three previous years of the occurrence of the
			 same or a substantially similar violation, and was given an opportunity for
			 hearing on the previous alleged violation.
(2) Failure to comply with any provisions of
			 the statutes cited in ORS
			 479.990(6), or
			 the rules adopted thereto, may be punishable by a civil penalty as follows:
(a) For first violation: $50;
(b) For second violation: $100;
(c) For third or subsequent violation(s):
			 $250.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0090 - Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 request a hearing regarding the assessment by the Department of the State Fire
			 Marshal of a civil penalty, subject to the requirements of ORS
			 183.090.
(2) A request for hearing shall be timely
			 filed.
(3) A request for hearing is
			 timely filed when the request is postmarked or received at the Department of
			 the State Fire Marshal within 20 days from the date of service of the notice of
			 civil penalty.
(4) The 20-day
			 deadline shall be computed by excluding the date of the notice of civil penalty
			 and including the 20th day. If the 20th day falls upon any legal holiday,
			 Saturday or Sunday, the 20th day shall be the following work day.
(5) If a request for hearing is not timely
			 filed under sections (3) and (4) of this rule, the person shall have waived the
			 right to a contested case under ORS Chapter 183.090.
(6) A person may write to or call the
			 Department of the State Fire Marshal to informally discuss the assessment of a
			 civil penalty; however, an informal communication shall not extend the 20-day
			 deadline by which a request for hearing must be made.
(7) A contested case may include:
(a) An informal conference; and/or
(b) A formal hearing.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0095 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of the State Fire Marshal may provide an opportunity for an informal
			 conference.
(2) A request for an
			 informal conference may be made verbally or in writing; and shall:
(a) Be made or addressed to the Department of
			 the State Fire Marshal; and
(b)
			 Clearly state the issue(s) to be discussed.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0100 - Formal Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 file a written request for hearing before or after an informal conference, at
			 any time before the 20-day deadline for filing such a request
			 expires.
(2) The Department of the
			 State Fire Marshal shall arrange for a hearings officer to conduct the formal
			 hearing.
(3) The Department of the
			 State Fire Marshal shall set a date, time, and location for the formal
			 hearing.
(4) A formal hearing shall
			 be conducted pursuant to ORS
			 183.090.
(5) The Department of the State Fire Marshal
			 may mail certified a copy of the final order to the fire authority that issued
			 the notice of deficiency citation within ten days of signing of the final
			 order.
Statutory/Other Authority: ORS
				  479.295 & 479.990
Statutes/Other Implemented: ORS
				  479.250 - 479.300 &
				  479.990
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0105 - Adjustment of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 any time during a contested case, and prior to the issuance of a final order,
			 the Department of the State Fire Marshal may mitigate the civil penalty amount
			 and may agree to payment of an amount less than that stated in the notice of
			 civil penalty, after review of:
(a) The
			 criteria listed in OAR 837-045-0080(2); and
(b) Any explanatory information provided to
			 the Department of the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 45 - SMOKE ALARMS AND SMOKE DETECTORS › Section 837-045-0110 - Payment of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
A civil penalty shall be paid to the Department of the State
				Fire Marshal within ten days after an order assessing a civil penalty becomes
				final by operation of law or on an appeal.
Statutory/Other Authority: ORS
				  479.295 & 479.990
Statutes/Other Implemented: ORS
				  479.250 - 479.300 &
				  479.990
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of these rules is to implement the standards, policies and procedures
			 pertaining to the regulation of novelty lighters by the Department of the State
			 Fire Marshal (OSFM).
(2) The scope
			 of these rules applies to the implementation of 2009 HB 2365, relating to
			 novelty lighters.
Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0020 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				837-046-0000 through
				837-046-0180 are effective upon the date of filing.
Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of these rules, the following definitions apply
				to OAR 837-046-0000  through 837-046-0180:
(1) "
Audio effects
" means
			 music, animal sounds and whistles, buzzers, beepers or other noises not
			 pertinent to the flame-producing function of a lighter.
(2) "
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.
(3) "
Distribute
" means to:
(a) Deliver to a person other than the
			 purchaser; or
(b) Provide as part
			 of a commercial promotion or as a prize or premium.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0060 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As of June 2,
			 2009,
lighters
meeting the definition of
novelty
			 lighters
may not be sold, offered for sale, distributed in Oregon or
			 manufactured or possessed for the purpose of sale or distribution in
			 Oregon.
(2)
Wholesale
			 dealers
,
importers
or
retail dealers
must comply with:
(a) 2009 HB 2365;
			 and
(b) OAR
			 837-046-0000  through
			 837-046-0180.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0080 - 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 2009 HB 2365. Inspections
				include any documents to determine compliance with 2009 HB
				2365.
Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0100 - Lighter Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
Requests may be made for a review of a
lighter
determined to be a
novelty lighter
by the OSFM. Submit a
				written request and color photo to the OSFM. The lighter review committee will
				review the
lighter
and make a recommendation to the
				OSFM.
Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0120 - 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.: 2009 HB 2365
Stats. Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0140 - Seizure of Non-Compliant Product

Current through Register Vol. 63, No. 7, July 1, 2024
The OSFM, an
authorized representative
, or a
				law enforcement agency may seize and make subject to forfeiture any
lighter
described in OAR
				837-046-0040  and 2009
				HB 2365.
Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB
				  2365
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0160 - 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
			 2009 HB 2365 or OAR
			 837-046-0000  through
			 837-046-0180.
			 Refer to the following penalty matrix for penalties established by 2009 HB
			 2365:
(a) $10,000 if the person is a
			 manufacturer or
importer
of
lighters
;
(b)
			 $1,000 if the person is a
wholesale dealer
of
lighters
or
distributes lighters
by means
			 other than distribution directly to consumers;
(c) $500 if the person is:
(A) A retail seller of
lighters
; or
(B) A
			 person distributing
lighters
, if the person is other than a
			 manufacturer,
importer
or
wholesale
			 dealer
.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 46 - NOVELTY/TOYLIKE LIGHTERS › Section 837-046-0180 - 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) Obtain
			 access for inspections; or
(d)
			 Recover attorney fees and other enforcement costs and disbursements.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish minimum standards
				for the design, inspection, testing, placement and location and maintenance of
				carbon monoxide alarms in one and two family dwellings, manufactured dwellings,
				and multifamily housing.
Stat. Auth.: ORS
				  476.725
Stats. Implemented: ORS
				  476.725
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Attached
			 garage" means a garage with a door, ductwork, or ventilation shaft
			 communicating directly with or connected to a living space and does not
			 include:
(a) A carport;
(b) An open parking garage; or
(c) An enclosed parking garage ventilated in
			 accordance with Section 404 of the State Mechanical Code.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0120 - Carbon Monoxide Alarm Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Properly functioning carbon monoxide
			 alarms shall be required when:
(a) A person
			 conveys fee title to a one and two family dwelling or multifamily housing
			 containing a carbon monoxide source on or after April 1, 2011; or
(b) A person transfers possession under a
			 land sale contract of a one and two family dwelling or multifamily housing
			 containing a carbon monoxide source on or after April 1, 2011; or
(c) A person transfers ownership of a
			 manufactured dwelling containing a carbon monoxide source on or after April 1,
			 2011; or
(d) A landlord enters into
			 a rental agreement for a dwelling unit containing a carbon monoxide source on
			 or after July 1, 2010.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0130 - Installation and Location of Carbon Monoxide Alarms and Detectors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All carbon
			 monoxide alarms or detectors must be installed in accordance with the
			 manufacturer's recommended instructions and located in accordance with these
			 rules and applicable building code at the time of construction or alteration of
			 the dwelling.
(2) One and Two
			 Family Dwellings and Manufactured Dwellings: A properly functioning carbon
			 monoxide alarm must be located within each bedroom or within 15 feet outside of
			 each bedroom door. Bedrooms on separate floors in a structure containing two or
			 more stories require separate carbon monoxide alarms.
(3) Multi Family Housing:
(a) A properly functioning carbon monoxide
			 alarm must be located within each bedroom or within 15 feet outside of each
			 bedroom door in dwelling units containing a carbon monoxide source or are
			 connected to a common area containing a carbon monoxide source. Bedrooms on
			 separate floors in a structure containing two or more stories require separate
			 carbon monoxide alarms.
(b) A
			 carbon monoxide alarm must be installed in any enclosed common area within the
			 building if the common area is connected by a door, ductwork, or ventilation
			 shaft to a carbon monoxide source located within or attached to the
			 structure.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0135 - Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
A landlord who rents a space for a manufactured dwelling or who
				rents moorage space for a floating home as defined in ORS
				830.700, but does not rent the
				manufactured dwelling home or floating home is exempt from these
				rules.
Stat. Auth.: ORS
				  476.725
Stats. Implemented: ORS
				  476.725
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0140 - Power Source

Current through Register Vol. 63, No. 7, July 1, 2024
Carbon monoxide alarms must be battery operated or receive
				their primary power source from the building wiring with a battery back-up.
				Plug in devices must have a battery back-up.
Stat. Auth.: ORS
				  476.725
Stats. Implemented: ORS
				  476.725
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0150 - Testing and Maintenance of Carbon Monoxide Alarms

Current through Register Vol. 63, No. 7, July 1, 2024
Carbon monoxide alarms and systems must be maintained and
				tested according to the manufacturer's recommended
				instructions.
Stat. Auth.: ORS
				  476.725
Stats. Implemented: ORS
				  476.725
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0160 - Rental Dwelling Units Subject to ORS Chapter 90

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective July 1, 2010, before a landlord
			 transfers possession of a dwelling unit subject to these rules to a tenant, the
			 landlord must:
(a) Install a properly
			 functioning carbon monoxide alarm;
(b) Provide working batteries if a carbon
			 monoxide alarm is battery operated or has a battery operated backup system;
			 and
(c) Provide the new tenant with
			 alarm testing instructions.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 47 - CARBON MONOXIDE ALARMS AND DETECTORS › Section 837-047-0170 - Tampering with a Carbon Monoxide Alarm Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
A person may not remove or tamper with a carbon monoxide alarm
				installed in accordance with these rules. Tampering includes removal of working
				batteries.
Stat. Auth.: ORS
				  476.725
Stats. Implemented: ORS
				  476.725
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 61 - FIRE FIGHTING › Section 837-061-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 476.030 requires the State Fire
			 Marshal to make rules and regulations relating to standards for equipment used
			 for fire protection purposes. ORS
			 476.410 requires that all fire
			 protection equipment purchased by state and municipal authorities shall be
			 equipped with standard thread for fire hose couplings and hydrant fittings as
			 adopted by the State Fire Marshal. ORS
			 476.440 prohibits any person
			 from selling in Oregon any fire protection equipment unless such equipment is
			 fitted and equipped with the standard thread for fire hose couplings and
			 hydrant fittings as adopted by the State Fire Marshal. This statute also
			 provides for exemption from this requirement for special purposes.
(2) The following rules and standards for
			 fire protection equipment are adopted in order to implement the intent of the
			 above statutes to provide for the interchangeability of fire hose and related
			 equipment between fire departments during emergency operations.
Stat. Auth.: ORS
				  476.030
Stats. Implemented: ORS
				  476.410 - ORS
				  476.440
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 61 - FIRE FIGHTING › Section 837-061-0010 - Threaded Couplings and Fittings

Current through Register Vol. 63, No. 7, July 1, 2024
All equipment used for fire protection purposes, having hose
				couplings and fittings of nominal 1-1/2 inch inside diameter and larger, shall
				have threads designated "American National Fire Hose Connection Screw Threads."
				The form, dimensions, tolerances, gauges, and overall design and construction
				of threads on threaded couplings and fittings shall conform to "National Fire
				Protection Association Standard No. 1963, 2019 edition."
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  476.030
Statutes/Other Implemented: ORS
				  476.410
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 61 - FIRE FIGHTING › Section 837-061-0015 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fire protection
			 equipment used under the authority of ORS Chapters 477 and 526 are exempt from
			 the provisions of this division.
(2) The State Fire Marshal may grant
			 exemption from these rules for private fire protection equipment used for
			 special purposes, research programs, or special features of fire protection
			 equipment found appropriate for uniformity within a particular protection area
			 and not essential to the coordination of public fire protection operations. Any
			 such exemption shall be granted in writing by the State Fire Marshal.
(3) Fire protection equipment having
			 non-threaded couplings or fittings with an inside diameter greater than three
			 inches may be purchased and used without written exemption form the State Fire
			 Marshal under the following conditions:
(a)
			 Non-threaded couplings shall conform to the specifications contained in
			 "National Fire Protection Association Standard No. 1963, 2019
			 edition."
(b) All fire apparatus
			 carrying hose equipped with non-threaded couplings shall also carry inlet and
			 discharge adapters in accordance with the following: 3-1/2 inch or larger Hose:
			 - For the initial 1,000 feet, or portion thereof, and each additional 1,000
			 feet, or major portion thereof (500 feet or more);
(A) Inlet - Minimum of one 2 or 3-way 2-1/2
			 inch threaded female with inlets (clappered) adapted to non-threaded coupling
			 hose size;
(B) Discharge - Minimum
			 of one 2 or 3-way 2-1/2 inch threaded male gated outlets adapted from
			 non-threaded coupling hose size.
(c) All fire department coupling, i.e.,
			 hydrants, sprinkler systems, standpipes, nozzles, adapters, etc., must be
			 equipped with "American National Fire Hose Connection Screw Threads" regardless
			 of size. However, such equipment may be additionally equipped with adapters of
			 the non-threaded type when approved by the chief of the department.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0010 - Authority and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules are promulgated under the State Fire Marshal's authority contained in ORS
			 453.367 and
			 453.402(2).
(2) OAR 837, division 085 applies to a
			 covered employer, owner, and operator of a fixed facility where hazardous
			 substances or wastes are likely to be manufactured, generated, used, stored,
			 possessed or disposed of.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.307  - 453.372
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0020 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of OAR chapter 837, division 085 is:
(a) To
			 ensure that all reportable hazardous substances or wastes manufactured,
			 generated, used, stored, possessed or disposed of at fixed facilities are
			 identified and the information is submitted to the State Fire
			 Marshal;
(b) To address the process
			 by which hazardous substance information is identified and communicated to the
			 State Fire Marshal;
(c) To address
			 the process by which hazardous substance information submitted to the State
			 Fire Marshal is distributed to emergency personnel, public agencies, and the
			 public;
(d) To address the process
			 of assessing penalties;
(e) To
			 address the process by which a covered employer, owner, or operator will be
			 evaluated to determine their level of compliance with the Oregon Community
			 Right-to-Know and Protection Act;
(f) To establish procedures to address a
			 covered employer, owner, or operator who fails to comply with the reporting
			 requirements.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0030 - Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person operating a facility, where hazardous substances are present in
			 reportable quantities are required to notify the State Fire Marshal within 30
			 days and are subject to the hazardous substance information reporting
			 requirements contained in ORS
			 453.307 to
			 453.414 and OAR 837-085-0090.
(2) A person
			 operating a facility within North American Industry Classification System
			 (NAICS) codes that have been identified by the State Fire Marshal as having the
			 potential to possess, store or otherwise use hazardous substances in reportable
			 quantities are subject to the hazardous substance information reporting
			 requirements contained in ORS
			 453.307 to
			 453.414 and OAR 837-085-0090  if sent a Hazardous Substance Information Survey by the
			 State Fire Marshal.
(3) A person
			 classified within a construction or logging NAICS code is not required to
			 report their temporary work sites unless required in  40 CFR 370.
(4) A person operating an agricultural
			 facility where the only operations conducted are the cultivation or breeding of
			 animals or plants to provide food, fiber, medicinal plants and other products
			 to sustain and enhance life is not required to report unless required in   40 CFR
			 370.
(5) A person having a facility
			 classified within the NAICS code 424930 (Flower, Nursery Stock, and Florists'
			 Supplies Merchant Wholesalers) or the NAICS code 444220 (Nursery, Garden
			 Center, and Farm Supply Stores), that does not sell, or otherwise market,
			 products that require a Safety Data Sheet to be developed by the manufacturer
			 is not required to report for that facility unless required in 40 CFR
			 370.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.307(2)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act" means the
			 Community Right-to-Know and Protection Act, ORS
			 453.307 to
			 453.414.
(2) "Agricultural facility" means a facility
			 where the only operations conducted are the cultivation or breeding of animals
			 or plants to provide food, fiber, medicinal plants and other products to
			 sustain and enhance life. "Agricultural facility" does not include facilities
			 such as packing plants, canneries, and mills where harvested animals or plants
			 are processed for consumption or use.
(3) "Appeal" means the written request for a
			 contested case in order dispute administrative action or civil penalty proposed
			 by the State Fire Marshal or the outcome of a fee review request.
(4) "Approved Form" means a form provided by
			 or authorized by the State Fire Marshal.
(5) "Audit" means the evaluation of a covered
			 employer, owner, or operator to determine their level of compliance with the
			 Oregon Community Right-to-Know and Protection Act.
(6) "Average Daily Amount" means the average
			 amount of a hazardous substance present at a facility during the twelve-month
			 survey period.
(7) "Chemical" means
			 any element, chemical compound, or mixture of elements or compounds.
(8) "Chemical Name" means the scientific
			 designation of a chemical in accordance with the nomenclature system developed
			 by the International Union of Pure and Applied Chemistry (IUPAC) or the
			 Chemical Abstracts Service's (CAS) rules of nomenclature.
(9) "Compliance Auditor" means a designee of
			 the State Fire Marshal whose responsibility is to conduct audits, identify
			 noncompliance issues, propose penalties, establish correction dates and assist
			 a covered employer, owner, or operator in complying with ORS
			 453.307 to
			 453.414.
(10) "Compliance Date" or "Due Date" means
			 the date set for submitting a Hazardous Substance Information Survey, Hazardous
			 Substance Report, substantive change or other information requested by the
			 State Fire Marshal.
(11)
			 "Compressed Gas" means:
(a) A gas or mixture
			 of gases, in a container, having an absolute pressure exceeding 40 psi at
			 70° F (21.1° C); or
(b) A
			 gas or mixture of gases, in a container, having an absolute pressure exceeding
			 104 psi at 130° F (54.4° C) regardless of the pressure at 70° F
			 (21.1° C); or
(c) A liquid
			 having a vapor pressure exceeding 40 psi at 100° F (37.8°C) as
			 determined by ASTM D-323-72, Test Method of Vapor Pressure of Petroleum
			 Products (Reid Method).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0050 - Hazardous Substance Information Survey - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire Marshal shall develop and
			 distribute a Hazardous Substance Information Survey to covered employers,
			 owners, and operators. The information received shall be used to establish and
			 maintain the hazardous substance information program required by the Community
			 Right-to-Know and Protection Act.
(2) A covered employer, owner, or operator
			 receiving a Hazardous Substance Information Survey shall complete and return to
			 the State Fire Marshal within 60 days following the date the State Fire Marshal
			 mailed it.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.307  - 453.372
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0055 - Hazardous Substance Report-General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered employer, owner, or operator
			 operating a facility where hazardous substances are present in reportable
			 quantities must submit a Hazardous Substance Report to the State Fire Marshal.
			 The report must be made within 30 days of the substance being on site and at a
			 minimum must include the information required in OAR 837-085-0090(6)(b), (D),
			 (E), (F), (G), and (H).
(2) A
			 covered employer, owner or operator operating a facility where hazardous
			 substances were present in reportable quantities during the reporting period
			 must complete and submit a Hazardous Substance Report.
(3) A covered employer, owner, or operator
			 that has had a substantive change to the information previously reported must
			 complete and submit an update.
(4)
			 A covered employer, owner, or operator that has identified an error in the
			 information previously reported must complete and submit a revised
			 report.
(5) A covered employer,
			 owner, or operator operating a facility where hazardous substances were not
			 present in reportable quantities during the reporting period are not required
			 to submit a Hazardous Substance Report, provided they are not otherwise
			 required to do so by these rules.
(6) A separate Hazardous Substance Report
			 must be submitted for each site or contiguous site owned or operated by a
			 covered employer, owner, or operator that meets the reporting requirements of
			 this section.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.307-453.372
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0060 - Hazardous Substance Report - Substance Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
A covered employer, owner, or operator must identify and
				evaluate all substances and wastes manufactured, generated, used, stored,
				possessed, or disposed of at their facilities to determine if they are
				reportable on the survey. The definition of hazardous substance in OAR
				837-085-0040(31)  shall be used.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.317
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0070 - Hazardous Substance Report - Reportable Quantities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If at any time during the reporting
			 period, a covered employer, owner or operator has manufactured, generated,
			 used, stored, possessed, or disposed of a hazardous substance that was present
			 at the facility for 24 consecutive hours or more in an amount at or above the
			 reportable quantities, they must report the hazardous substance to the State
			 Fire Marshal.
(2) The hazardous
			 substance reportable quantities shall be as follows:
(a) Any quantity of radioactive substance
			 including radioactive wastes, except: sealed source radioactive materials, as
			 defined by OAR 333-100-0005 (123) contained in smoke detectors, survey equipment
			 and small laboratory testing equipment.
(b) Any highly toxic material or explosive in
			 quantities equal to, or greater than, ten pounds, five gallons or 20 cubic
			 feet;
(c) Any Extremely Hazardous
			 Substance that meets or exceeds the Threshold Planning Quantities as defined by
			  40 CFR 355.
(d) For gasoline (all
			 grades combined) at a retail gas station, in quantities equal to, or greater
			 than, 75,000 gallons if the tank was stored entirely underground and the tank
			 was in compliance at all times during the reporting period with all applicable
			 underground storage tank regulations as established by the Oregon Department of
			 Environmental Quality.
(e) For
			 diesel fuel (all grades combined) at a retail gas station, in quantities equal
			 to, or greater than, 100,000 gallons if the tank was stored entirely
			 underground and the tank was in compliance at all times during the reporting
			 period with all applicable underground storage tank regulations as established
			 by the Oregon Department of Environmental Quality.
(f) Any other hazardous substance in
			 quantities equal to, or greater than, 500 gallons, cubic feet, or
			 pounds.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0080 - Hazardous Substance Report- Required Survey Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered employer, owner, or operator
			 must calculate the following for each hazardous substance manufactured,
			 generated, used, stored, possessed or disposed of during the reporting period:
(a) Average daily amount;
(b) Maximum amount onsite at one
			 time;
(c) Maximum amount at each
			 storage location reported;
(d)
			 Total amount transported to the facility;
(e) Total amount transported from the
			 facility.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0090 - Hazardous Substance Information - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered
			 employer, owner, and or operator must report hazardous substance information as
			 required by these rules using methods provided and approved by the State Fire
			 Marshal.
(2) A covered employer,
			 owner, and or operator who possessed a reportable hazardous substance during
			 the previous calendar year shall submit a Hazardous Substance Report by March 1
			 of the following year.
(3) Each
			 substation must have identification posted at it that identifies the site by a
			 company unique number or name and the Facility ID number issued by the State
			 Fire Marshal.
(a) The identification must be
			 readable from a distance of 50 feet.
(b) Substations that are completely
			 underground and can only be accessed through a manhole or excavation are exempt
			 from this posting requirement.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0100 - Hazardous Substance Report - Substantive Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A covered employee, owner, or operator
			 must notify the State Fire Marshal whenever a substantive change occurs. This
			 notification must be made within 30 days of the substantive change using
			 methods provided and approved by the State Fire Marshal.
(2) The occurrence of any of the following
			 events is a substantive change and must be reported:
(a) A covered employer, owner or operator has
			 become exempt from reporting requirements;
(b) A covered employer, owner or operator who
			 was previously subject to reporting and became exempt from reporting because
			 they had no reportable quantities now has reportable quantities of hazardous
			 substances on site;
(c) A
			 reportable hazardous substance not previously reported is introduced at the
			 facility;
(d) An increase in the
			 maximum quantity reporting range to a higher quantity reporting range than
			 previously reported;
(e) The
			 reported location of a reportable hazardous substance has changed and it is now
			 located in another building at the same site or it has been moved 300 feet or
			 more from its previously reported location within the same building or it has
			 been moved to a different floor level;
(f) A change of mailing or site address has
			 occurred;
(g) A change of emergency
			 contact person has occurred;
(h) A
			 change of phone numbers has occurred;
(i) A change of ownership or business name
			 has occurred;
(j) A change of the
			 owner/operator or facility contact email address has occurred; or
(k) The facility is no longer in
			 business.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0110 - Record Keeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 covered employer, owner, or operator must maintain complete and accurate
			 records of each hazardous substance they manufacture, generate, use, store,
			 possess or dispose of:
(a) These records must
			 be maintained for a period of three calendar years;
(b) Copies of these records must be kept at
			 the facility for which they apply.
EXCEPTION: Records for facilities or remote sites where the
				covered employer, owner or operator is not set up to maintain such records, the
				records may be maintained at another of their facilities within the
				state.
(c) Hazardous
			 substance records include, but are not limited to:
(A) Hazardous Substance Reports;
(B) Safety Data Sheets (SDSs);
(C) Invoice and purchase records;
(D) Receiving and shipping papers;
(E) Bills of lading;
(F) Production records;
(G) Waste/recycling records;
(H) Inventory/dispensing records;
			 and
(I) Risk Management Plan if
			 facility is required to create one by the Environmental Protection
			 Agency.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0120 - Application for an Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 covered employer, owner or operator may apply for an exemption from all or part
			 of the reporting requirements of the Community Right-to-Know and Protection Act
			 and its administrative rules.
(2)
			 An application for an exemption must be in writing and contain the following:
(a) The name and mailing address of the
			 person making application;
(b) The
			 site address and location of the facility;
(c) The facility number assigned by the State
			 Fire Marshal;
(d) The rule or law,
			 identified by number, from which the exemption is sought; and
(e) The basis for the request.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0130 - Administrative Action on Exemption Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After an exemption request is determined
			 to be complete and procedurally adequate, as provided in OAR 837-085-0120(2),
			 the State Fire Marshal shall review the request.
(2) The State Fire Marshal may conduct an
			 on-site review of the facility involved in the requested exemption.
(3) An application for an exemption shall be
			 granted only if the applicant demonstrates and the State Fire Marshal
			 determines that the exemption requested is consistent with all applicable ORSs
			 and OARs.
(4) An exemption, if
			 granted, will not be the basis for amending or withdrawing a previously
			 submitted report, Notice of Noncompliance and Proposed/Final Penalty Assessment
			 Order, or hazardous substance fee not under contest.
(5) If an exemption is granted, written
			 notification shall be given to the employer, owner or operator specifying the
			 terms of the exemption.
(6)
			 Affected applicants may appeal the decision on an exemption application in
			 accordance with OAR 837-085-0330.
(7) If an exemption is denied, a written
			 notice of denial shall be issued to the requesting employer, owner or operator.
			 The notice will:
(a) Give reasons for the
			 denial;
(b) Notify the applicant of
			 their appeal rights.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0140 - Trade Secrets - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 covered employer, owner or operator may request to withhold the specific
			 chemical identity, including the chemical name and other specific
			 identification of a reportable substance, from the Hazardous Substance
			 Information Survey provided that:
(a) The
			 claim that the information withheld is a trade secret can be supported with the
			 burden of proof placed on the covered employer, owner or operator;
(b) The information required by the State
			 Fire Marshal concerning the properties and effects of reportable substances are
			 disclosed; and
(c) The specific
			 chemical identity is made available to health professionals in accordance with
			 OAR 837-085-0170(1) and (2).
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0150 - Trade Secrets - Claim Submissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To substantiate a trade secret claim, a
			 covered employer, owner or operator must submit both of the following:
(a) Hazardous Substance Report with the
			 generic name included and the information being claimed as Trade Secret
			 deleted. NOTE: Only the identity and percentage of the chemical components can
			 be claimed as trade secrets; and
(b) A Safety Data Sheet (SDS) (as released to
			 the public) for each chemical or formulation for which the covered employer,
			 owner, or operator is claiming trade secret protection.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0160 - Trade Secrets - Determinations and Response

Current through Register Vol. 63, No. 7, July 1, 2024
The State Fire Marshal shall respond in writing to the
				requesting employer, owner or operator for trade secret protection within 60
				days after the request has been received:
(1) The response shall advise the requesting
			 employer, owner or operator as to whether or not trade secret protection is
			 granted.
(2) The employer, owner or
			 operator will be advised of disclosure requirements if trade secret protection
			 is granted.
(3) If trade secret
			 protection is denied, the State Fire Marshal shall provide the employer, owner
			 or operator with the criteria used to make the determination.
(4) If trade secret protection is denied, the
			 State Fire Marshal shall state the reasons why.
(5) The employer, owner or operator will be
			 advised of the appeal rights.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.327  - 453.337