reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0030 - Firefighting Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The person(s) responsible for the acreage to be burned shall
				use firefighting equipment that meets or exceeds the following
				standards:
(1) All water tank vehicles
			 shall be equipped with a pump in working order with a pumping capability of 30
			 gallons per minute or more and capable of extinguishing a flame at a distance
			 of at least 40 feet.
(2) All
			 required firefighting vehicles shall be adequately staffed to assure proper
			 operation. It is recommended that at least two employees who have received
			 basic safety training be assigned to each firefighting vehicle.
(3) All water tanks shall be filled to 90
			 percent of their capacity prior to ignition of the field.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0040 - Ignition Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To ensure an
			 adequate, complete, and even burn over the entire field to be burned, a minimum
			 of two drip torches, propane lighters, or other pressurized fuel torches shall
			 be on the burn site at the time of ignition.
(2) Whenever possible ignition shall cause
			 the edges of the field to burn first and the burn to continue toward the
			 field's center.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0050 - Prohibited Use

Current through Register Vol. 63, No. 7, July 1, 2024
The use of pitch forks, harrows, or the dragging of burning
				tires to ignite the fire is prohibited.
Stat. Auth.: ORS 476 & ORS 478
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0060 - Communication

Current through Register Vol. 63, No. 7, July 1, 2024
The ability to call assistance and summon help from an
				appropriate emergency response agency shall be maintained at all times by
				phone, or by radio communications between all firefighting equipment used in
				the burning of the field and a constantly staffed base station or home with
				phone access.
Stat. Auth.: ORS 476 & ORS 478
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0070 - Fire Safety Watch

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the firefighting equipment required by OAR
				837-110-0020  and 837-110-0030, a continuous fire safety watch shall be
				provided. The fire safety watch:
(1)
			 Shall patrol the perimeter of the field during burning operations.
(2) Shall begin prior to the ignition of the
			 field and continue for at least 30 minutes after open flame ceases. However,
			 the fire watch shall not leave until it is confirmed that the fire is
			 completely out.
(3) Shall consist
			 of at least one firefighting vehicle having a water tank with at least a 200
			 gallon water capacity and which meets the requirements of OAR 837-110-0030  and
			 837-110-0060.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0075 - Traffic Safety

Current through Register Vol. 63, No. 7, July 1, 2024
The person responsible for the acreage being burned shall
				provide signage and trained flaggers for traffic safety. The person
				responsible:
(1) May allow a field to
			 burn next to a state highway without designated buffer zones or next to an
			 arterial route as long as there are trained flaggers and warning signage on the
			 road at both ends of the field during the time that the burning is occurring,
			 in order to assure driver safety and stop or divert traffic if necessary.
			 Burning may occur next to a state highway without designated buffer zones or an
			 arterial route only if there are no combustibles or brush between the edge of
			 the field and the highway or route.
(2) May allow a field to burn next to a rural
			 collector road as long as there is signage on the road at both ends of the
			 field informing drivers that burning is occurring ahead and they should be
			 prepared to stop. Trained flaggers shall be available in the vicinity to
			 immediately respond with flagging signs to the road at both ends of the field
			 during the time that the burning is occurring, in order to assure driver safety
			 and stop or divert traffic if necessary. Burning may occur along a rural
			 collector road only if there are no combustibles or brush between the edge of
			 the field and the rural collector road.
(3) May allow a field to burn next to a rural
			 local service road as long as there is signage on the road at both ends of the
			 field informing drivers that burning is occurring ahead. Trained flaggers shall
			 be available to be on the road with flagging signs at both ends of the field
			 during the time that the burning is occurring, in order to assure driver safety
			 and stop or divert traffic if necessary.
NOTE:
For purposes of these rules, state highway,
				arterial routes and collector roads are defined by the Federal Highway
				Administration and the Oregon Department of Transportation. Before burning a
				field, contact your county road authority for road designation and county
				regulations.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0080 - Fire Safety Buffer Zones

Current through Register Vol. 63, No. 7, July 1, 2024
A fire safety buffer zone shall parallel both sides of all
				highways and roadways within the scope and application of these rules. The
				buffer zone shall extend 1/2 mile in a perpendicular direction from the outer
				edge of each highway or roadway right-of-way. No field burning shall be allowed
				in fire safety buffer zones except as provided in sections (1) and (2) of this
				rule:
(1) Interstate Highways west of
			 the crest of the Cascade Range, south to the Douglas/Lane County lines:
(a) Field burning may be permitted in the
			 fire safety buffer zone only where a 1/4-mile-wide noncombustible ground
			 surface is provided between the field to be burned and the nearest edge of the
			 freeway right-of-way. Noncombustible ground surfaces shall meet the criteria
			 described in section (3) of this rule;
(b) The 1/4-mile noncombustible ground
			 surface shall extend 1/4 mile each direction beyond the permitted field
			 boundaries parallel to the freeway right-of-way.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0090 - Ban on Burning

Current through Register Vol. 63, No. 7, July 1, 2024
All field burning shall be banned when any two of the following
				criteria are present:
(1) Temperature
			 of 95 degrees Fahrenheit or above;
(2) Relative humidity of 30 percent or
			 below;
(3) Wind speed of 15 miles
			 per hour or higher.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0110 - Field Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 propaning, all fields shall be prepared by providing a barrier around the
			 perimeter free of combustible materials.
(2) The barrier may be provided by green
			 cover crop, bare earth, or other method(s) to prevent any fire spread, and
			 shall be prepared by using one or more of the following methods:
(a) Plowing or disking a 10-foot strip around
			 the field perimeter; or
(b) Plowing
			 or disking a 5-foot strip around the field perimeter and removal of loose,
			 combustible straw from a 12-foot strip immediately adjacent to the 5-foot
			 strip; or
(c) Retaining at least a
			 50-foot strip of green crop or bare earth in the immediately adjacent field(s)
			 at the time of propaning; or
(d)
			 Having a 17-foot strip of green cover crop or bare earth; or
(e) Other alternatives may be used with the
			 specific written approval of the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0120 - Firefighting Water Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
When propaning acreage, the following safety measures shall
				apply:
(1) At least one firefighting
			 water tank vehicle meeting the equipment requirements of OAR 837-110-0120  through 837-110-0140  and which has a minimum water tank capacity of 200 gallons
			 shall be on site.
(2) If additional
			 firefighting assistance is more than five minutes from a burn site within a
			 fire safety buffer zone, or ten minutes otherwise, then water tank capacity
			 mentioned in section (1) of this rule shall be raised to 500 gallons.
(3) A means to refill the tanks mentioned in
			 sections (1) and (2) of this rule shall be provided within a ten minute turn
			 around time.
EXCEPTION:
Water tank vehicles of smaller capacity
				may be used provided the total gallonage capacity complies with the
				above.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0130 - Firefighting Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The person(s) responsible for the acreage to be propaned shall
				use firefighting equipment that meets or exceeds the following
				standards:
(1) All water tank vehicles
			 shall be equipped with a pump in working order with a pumping capability of 30
			 gallons per minute or more and capable of extinguishing a flame at a distance
			 of at least 40 feet.
(2) All
			 required water tank vehicles shall be adequately staffed to assure proper
			 operation. It is recommended that at least two employees who have received
			 basic safety training be assigned to each firefighting vehicle.
(3) All water tanks shall be filled to 90
			 percent of their capacity prior to ignition of the field.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0140 - Communication

Current through Register Vol. 63, No. 7, July 1, 2024
The ability to call for assistance and summon help from an
				appropriate emergency response agency shall be maintained at all times by phone
				or radio communications between all firefighting equipment used in the burning
				of the fields and a constantly staffed base station or home with phone
				access.
Stat. Auth.: ORS 476 & ORS 478
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0150 - Fire Safety Watch

Current through Register Vol. 63, No. 7, July 1, 2024
A fire watch:
(1)
			 Shall begin following the propaning of the field and continue for at least 30
			 minutes after completion. However, the fire watch shall not leave until it is
			 confirmed that the fire and all smoke sources are completely out.
(2) Shall consist of at least one
			 firefighting vehicle with at least a 200 gallon water tank, which is manned and
			 equipped as stipulated in OAR 837-110-0020, 837-110-0030, and
			 837-110-0060.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0155 - Traffic Safety

Current through Register Vol. 63, No. 7, July 1, 2024
The person responsible for the acreage being burned shall
				provide signage and trained flaggers for traffic safety. The person
				responsible:
(1) May allow a field to
			 burn next to a state highway without designated buffer zones or next to an
			 arterial route as long as there are trained flaggers and warning signage on the
			 road at both ends of the field during the time that the burning is occurring,
			 in order to assure driver safety and stop or divert traffic if necessary.
			 Burning may occur next to a state highway with out designated zones or an
			 arterial route only if there are no combustibles or brush between the edge of
			 the field and the highway or route.
(2) May allow a field to burn next to a rural
			 collector road as long as there is signage on the road at both ends of the
			 field informing drivers that burning is occurring ahead and they should be
			 prepared to stop. Trained flaggers shall be available in the vicinity to
			 immediately respond with flagging signs to the road at both ends of the field
			 during the time that the burning is occurring, in order to assure driver safety
			 and stop or divert traffic if necessary. Burning may occur along a rural
			 collector road only if there are no combustibles or brush between the edge of
			 the field and the rural collector road.
(3) May allow a field to burn next to a rural
			 local services road as long as there is signage on the road at both ends of the
			 field informing drivers that burning is occurring ahead. Trained flaggers shall
			 be available to be on the road at both ends of the field during the time that
			 the burning is occurring, in order to assure driver safety and stop or divert
			 traffic if necessary.
NOTE:
For purposes of these rules, state highway,
				arterial routes and collector roads are defined by the Federal Highway
				Administration and the Oregon Department of Transportation. Before burning a
				field, contact your county road authority for road designation and county
				regulations.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish criteria and provisions for the implementation of a statewide
			 hazardous materials emergency response system.
(2) These rules shall be used to assist and
			 provide direction for the petrochemical transport industry, owners of
			 facilities, government officials, and officers of the court in the
			 interpretation and application of ORS
			 453.374 through
			 453.390.
(3) These rules are intended to be consistent
			 with contracts entered into by the State of Oregon, and regional and limited
			 hazardous materials emergency response teams.
(4) These rules also provide for contract
			 team operations and include, but are not limited to:
(a) Provisions for coordinating team
			 dispatch, duties, and responsibilities;
(b) Criteria for the types of hazardous
			 materials emergencies that qualify for regional or limited response team
			 responses;
(c) Establishment of fee
			 schedules for computing the reimbursement of contractor team response costs
			 arising from hazardous materials emergencies; and
(d) Procedures for state recovery of
			 emergency response costs from the person(s) responsible for causing a hazardous
			 materials emergency.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.374 - ORS
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0020 - Hazardous Materials Response System and Response Team Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire
			 Marshal shall develop and implement a statewide hazardous materials emergency
			 response system.
(2) The statewide
			 hazardous materials emergency response system shall focus on response
			 activities and augment emergency response systems at local, state and national
			 levels.
(3) Emergency response(s)
			 for hazardous materials incidents shall include:
(a) Actions taken to monitor, assess and
			 evaluate a spill or release or threatened spill or release;
(b) First aid, rescue or emergency medical
			 services; and
(c) Fire suppression,
			 containment, confinement, or other actions appropriate to prevent, minimize or
			 mitigate damage to public health, safety, welfare, property, or the environment
			 which may result from a spill or release, or threatened spill or release, of a
			 hazardous material if action is not taken.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0030 - Emergency Response Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Responses of regional and limited hazardous materials emergency response teams
			 shall be controlled due to limited discretionary (State Spill Response
			 Revolving Fund) operating monies.
(2) Regional and limited response teams will
			 only be dispatched when the reported incident meets the minimum response
			 criteria described in the dispatch procedures in OAR 837-120-0040.
(3) When minimum response criteria is not met
			 (as described in the dispatch procedures in OAR 837-120-0040) the Department of
			 the State Fire Marshal Duty Officer shall have final authority to determine
			 whether an incident qualifies for a response by one or more regional or limited
			 hazardous materials emergency response teams.
The Appendix referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374 -
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0040 - Dispatch Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a
			 regional or limited response team may respond to an incident, an initial
			 assessment or size-up of the emergency shall be made.
(2) The initial assessment or size-up will
			 usually be made by the agency having jurisdiction, either emergency spill
			 responders, public safety agencies, local, state, federal, or tribal government
			 officials (including team members), the county sheriff, or Oregon State Police
			 personnel.
(3) If, after making an
			 assessment or size-up of the incident, the on-scene incident commander or
			 unified command determines that the emergency involves a hazardous material
			 spill or release and that it cannot be successfully controlled with local
			 resources, the on-scene official may request assistance from the regional or
			 limited response team in whose region the incident occurs.
(4) The general boundaries of the primary
			 response areas for regional hazardous materials emergency response teams are
			 depicted on the map in which is available for viewing on the Department of the
			 State Fire Marshal website.
(5)
			 Emergency response requests shall be directed to the appropriate regional
			 hazardous materials emergency response teams.
(6) If contact with the appropriate RHMERT
			 dispatch center cannot be made, or if the incident occurs in an area outside of
			 a primary response area, the requesting on-scene government official shall
			 direct the response request to the Oregon Emergency Response System (OERS) at
			 1-800-452-0311 any time or day.
(7)
			 RHMERT contractors, when acting under state authority, may respond outside of
			 their local jurisdiction in accordance with the criteria established by OAR
			 837-120-0030(2) and (3), or under specific written or verbal approval of the
			 State Fire Marshal Hazardous Materials Duty Officer.
(8) Granting of emergency response approval
			 by the Department of the State Fire Marshal Duty Officer constitutes the
			 State's agreement to pay Contractor's team expenses from the State Spill
			 Response Revolving Fund if full recovery of emergency response costs from a
			 responsible party(ies) is not possible under OAR 837-120-0090.
(9) The State Fire Marshal's emergency
			 response approval may take the form of written Standard Operating Guidelines
			 wherein the State Fire Marshal grants regional and limited response team
			 contractor pre-authorization to respond to well-defined types of emergency
			 incidents when time is of the essence.
The Appendix referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374 -
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0050 - Regional and Limited Response Team Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regional and limited hazardous materials
			 emergency response team activities shall be limited to emergency responses and
			 the evaluation and documentation functions arising from hazardous materials
			 emergency incidents which threaten life, property, or the
			 environment.
(2) State regional or
			 limited response teams may sample, test, analyze, treat, remove, recover,
			 package, monitor or track the involvement of hazardous materials only if it is
			 necessary and incidental for identifying; preventing a release, or threat of
			 release, of a hazardous material; or to stabilize an emergency
			 incident.
(3) Regional and limited
			 hazardous materials emergency response teams shall respond to the best of their
			 abilities, subject to the limitations of available equipment and
			 personnel.
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.374 - ORS
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0060 - Regional and Limited Response Team Performance Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approved
			 regional and limited hazardous materials emergency response team activities
			 shall be limited to those which can be safely done to stabilize a hazardous
			 materials emergency and, except as may be incidentally necessary, do not
			 include the transport, storage, disposal, or remedial clean-up of hazardous
			 materials.
(2) Regional and limited
			 hazardous materials emergency response teams shall not be required to maintain
			 general security and/or safety perimeters, locate underground utilities, insure
			 appropriate traffic control services, conduct hydrological investigations and
			 analysis, or to provide testing, removal and disposal of underground storage
			 tank contamination at or near the hazardous materials incident to which the
			 contract team is dispatched.
NOTE: These functions are generally the responsibility of the
				responsible party, the Oregon Department of Environmental Quality, or the local
				governmental jurisdiction in which the incident occurs. To be absolutely clear,
				regional and limited response teams shall not perform "clean-up activities" nor
				do they contract for the storage and/or disposal of hazardous materials;
				however, they do make contact with and request the Department of Environmental
				Quality to perform these functions.
(3) Regional and Limited response teams are
			 not authorized to assume command of the hazardous materials emergency unless
			 they are the only ones present and/or until a local on-scene Incident Commander
			 arrives and/or if the on-scene Incident Commander has transferred the command
			 authority to a regional or limited response team.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0070 - Emergency Preplanning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Government entities who request assistance from a regional or limited response
			 team should plan to provide the regional or limited response team with the
			 following information upon its arrival:
(a)
			 Sufficient site-specific information, such as drainage locations, to support
			 tactical decisions by the incident commander or designee; and
(b) Sufficient geographical and topological
			 information to support tactical decisions by the incident commander or
			 designee.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0080 - Response Fee Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fee
			 schedules agreed to by the state and contractors as part of the regional and
			 limited hazardous materials emergency response team agreements and contracts,
			 shall serve as the basis for assessment of response costs.
(2) The State Fire Marshal adopts by
			 reference the schedule of emergency response costs in Exhibit F & G within
			 the 2019-2021 Regional Hazardous Materials Emergency Response Teams
			 contracts.
(3) Current regional and
			 limited hazardous materials emergency response team contracts are available for
			 review upon appointment at the Department of the State Fire Marshal between the
			 hours of 8 a.m. and 5 p.m. weekdays.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0090 - Response Costs and Financial Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding any other provision of
			 rule or law, whenever the State Fire Marshal dispatches a regional or limited
			 hazardous materials emergency response team to an emergency involving hazardous
			 materials, the State Fire Marshal may bill the person(s) responsible for
			 causing the emergency for the costs of responding to the emergency.
(2) Emergency response costs include all
			 response costs incurred as a result of a hazardous materials emergency. Such
			 costs generally include, but are not limited to, Department of the State Fire
			 Marshal and contractor expenses that result from the assessment and emergency
			 response phases of hazardous materials incidents.
(3) Emergency response costs do not include
			 clean-up or disposal costs of hazardous materials, except as they may be
			 reasonably necessary and incidental to preventing a release or threat of
			 release of a hazardous material or for stabilizing the emergency response
			 incident.
(4) Team response costs
			 do not include the wide range of emergency costs associated with a hazardous
			 materials emergency, but shall be limited to those expenses agreed to by
			 contract as directly related to regional hazardous materials emergency response
			 team operations.
(5) The person(s)
			 responsible for causing the emergency shall be liable for:
(a) All emergency response costs including,
			 but not limited to, team expenses incurred by the regional or limited hazardous
			 materials emergency response team, agencies of the State of Oregon, and the
			 governmental jurisdiction in which the incident occurs; and
(b) Any other necessary and reasonable costs
			 including the state's legal or collection expenses and the state's direct cost
			 of administration of the hazardous materials emergency response system
			 including duty officer personnel costs for coordination which arise as a result
			 of the emergency.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0100 - Defenses Against Liability

Current through Register Vol. 63, No. 7, July 1, 2024
Except for transporters of radioactive materials, there shall
				be no liability under OAR 837-120-0090  if the responsible person(s) can
				establish by a preponderance of the evidence that the release, or threat of
				release, of hazardous materials which led to the emergency response costs was
				caused solely by:
(1) An Act of
			 God;
(2) An act of war;
			 or
(3) An act or omission of a
			 third person, other than an employee or agent of the responsible person(s) or
			 one whose act or omission occurred in connection with a contractual
			 relationship, existing directly or indirectly, with the responsible person(s)
			 if the defendant can establish by a preponderance of the evidence that:
(a) The responsible person(s) exercised due
			 care with respect to the hazardous material concerned, taking into
			 consideration the characteristics of such hazardous materials, in light of all
			 relevant facts and circumstances; and
(b) The responsible person(s) took
			 precautions against foreseeable acts and omissions of any such third party and
			 the consequences that could foreseeably result from such acts or
			 omissions.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0110 - Disputed Emergency Response Billings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the responsible party(ies) billed
			 under OAR 837-120-0090  either fails to pay the costs set forth in the State
			 Fire Marshal billing within 30 days or fails to submit a written dispute of
			 charges, a second billing shall be sent.
(2) If the responsible party(ies) fail(s) to
			 pay the costs set forth in the second billing within 30 days:
(a) The State Fire Marshal shall pay the
			 regional or limited hazardous materials emergency response team's team response
			 costs from the state revolving fund; and
(b) Contact the responsible person(s) and
			 attempt to resolve the payment problem informally; or
(c) Bring a legal action for the recovery of
			 any unpaid costs.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0120 - Government Liability for Emergency Responses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under the provisions of
42 U.S.C. §
										9607 (d)(2)
, no state or local government shall be liable under
			 the
Comprehensive Environmental Response, Compensation, and Liability Act
			 (CERCLA) § 107
for costs or damages as a result of actions taken in
			 response to an emergency created by a release or threatened release of a
			 hazardous substance generated by or from a facility owned by another
			 person.
(2) State or local
			 government shall not be precluded from liability for costs or damages as a
			 result of gross negligence or intentional misconduct by the state or local
			 government. For purpose of this rule, reckless, willful, or wanton misconduct
			 shall constitute gross negligence.
(3) In addition to the federal protections
			 from liability described under OAR 837-120-0120(1), regional or limited
			 hazardous materials emergency response teams will function as an agent of the
			 state solely for purposes of the Oregon Tort Claims Act, ORS
			 30.260 to
			 30.300 to the extent authorized
			 under ORS 453.384. Contractors shall,
			 therefore, not respond as state sponsored regional or limited hazardous
			 materials emergency response team except and unless they have been specifically
			 authorized to do so by the State Fire Marshal.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.384
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0140 - Notification and Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Notification of hazardous materials incidents is mandatory
				under several state and federal statutes, not all of which are consistent as to
				their definitions of reportable materials:
(1) To ensure timely responses and recovery
			 of costs, and comprehensive statistics, all hazardous materials incidents shall
			 be promptly reported as required by OAR 837-090-1000.
(2) A Hazardous Material Emergency Incident
			 Report shall be completed and submitted for each incident.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0301 - Purpose- Regional Hazardous Materials Emergency Response Team Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 837-120-0301  through 837-120-0400  is to
				outline the requirements for approval of programs that provide training for
				Oregon's regional hazardous materials emergency response teams implemented
				under ORS
				453.374 to
				453.390.
				Funds designated for contract response teams' training conducted pursuant to
				these statutes are restricted to programs approved in accordance with the
				requirements in OAR 837-120-0320  through 837-120-0400. This document serves to
				facilitate the development of advanced hazardous materials training programs by
				public and private providers by identifying the procedure for submission of
				such programs for review and approval by the State Fire Marshal.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0310 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant"
			 means any individual or organization considering itself capable of developing
			 training programs as required in OAR 437-002-0100,
			 29 CFR
			 1910.120(q)(6)(iii) and (iv)
			 that wishes to apply for State Fire Marshal approval of its program(s) under
			 this rule.
(2) "Training Program"
			 means an individual course, class, or instruction on a specific topic or
			 subject area or a composite of individual courses, classes or instructions
			 addressing all subject areas identified in OAR 837-120-0340(1).
(3) "Approval" and "Approved" means only that
			 the State Fire Marshal has identified an applicant's training program as having
			 met the eligibility requirements identified in OAR 837-120-0320(1)  for
			 expenditure of state funds for training regional hazardous materials emergency
			 response teams organized in accordance with ORS
			 453.374 and
			 453.380.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0320 - Requests for Training Program Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility:
(1) The
			 applicant shall provide, as a minimum, the following information:
(a) The applicant's name, address and
			 telephone number;
(b) The name,
			 title, address and telephone number of person who will act as liaison with the
			 State Fire Marshal;
(c) Length of
			 training in hours;
(d) Amount and
			 type of hands-on training;
(e) The
			 training program curriculum including the topics to be covered and the length,
			 format, content and passing scores of examinations;
(f) A copy of all course materials (i.e.,
			 student manuals, instructor manual, lesson plans, and handout materials upon
			 application; audiovisual aids, etc.) upon initial application for course
			 approval; and second reviews, upon request of the State Fire Marshal.
			 Proprietary and copyrighted course materials shall be denoted by the applicant.
			 The State Fire Marshal shall not duplicate, copy, disseminate, or release
			 course materials so designated without the written permission of the
			 applicant;
(g) A table identifying
			 all student performance objectives for each course submitted;
(h) A table identifying which training
			 requirements in the following documents that the training program is targeted
			 to meet and an analysis of how the training program meets them:
(A) OAR 437-002-0100,
			 29 CFR
			 1910.120(q) Hazardous Waste
			 Operations and Emergency Response;
(B) A detailed statement about the
			 development process of the examinations used in the training program, including
			 skill demonstration examinations;
(C) The maximum number of students to be
			 accepted into a given training program course;
(D) The ratio of instructors to students for
			 each hands-on subject;
(E) Required
			 qualifications for each instructor position by subject area. Instructors shall
			 have completed an acceptable "train-the-trainer" type of training session for
			 their subject training area or shall have the academic credentials, field
			 experience or a combination of both and the training experience for the
			 specific subject they are teaching. Instructors for "hands-on" skills training
			 shall have actual field experience in the skills subject(s) they
			 teach;
(F) A copy of the roster
			 specified in OAR 837-120-0390(4)  that would identify students who would attend
			 and successfully complete the training program;
(G) A description of the applicant's
			 experience in providing related training programs;
(H) Written certification by the applicant
			 that the information submitted in the application is accurate and
			 complete.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0330 - Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
The State Fire Marshal shall acknowledge in writing the receipt
				of all applications it receives. The State Fire Marshal may request additional
				information if the State Fire Marshal believes information relevant to the
				requirements for approval has been omitted or is incomplete. The State Fire
				Marshal may use an advisory group to review the applications for completeness,
				competency, and adequacy of credentials.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0340 - Decision Process

Current through Register Vol. 63, No. 7, July 1, 2024
The requirements for approval are:
(1) That the applicant must demonstrate that
			 it has a written training program that meets the applicable paragraphs of this
			 section and its program will train students in topics required in the
			 following: OAR 437-002-0100,
			 29 CFR
			 1910.120(q)(6)(iii) and
			 (iv); and
(2) That its training program is capable of
			 effectively training students in the topics required in the standards
			 identified in section (1) of this rule;
(3) That it has an effective method of
			 measuring whether the students have been adequately trained in the areas of
			 required training;
(4) That it will
			 maintain adequate records of the program and of employees who have successfully
			 completed the program; and
(5) That
			 its training program is capable of and will continue to meet the requirements
			 for approval.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0350 - Terms and Conditions of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the State Fire Marshal finds that a
			 training program, course or instruction thereof satisfies the minimum
			 requirements established therefor pursuant to OAR 837-120-0340, the State Fire
			 Marshal shall issue approval to the applicant of any such training program,
			 course or instruction, for such a term and upon such conditions as the State
			 Fire Marshal shall prescribe in accordance with subsection (2)(b) of this
			 rule.
(2) Approval of program. The
			 following terms and conditions shall be part of every approval:
(a) The approval of each training program
			 will be evidenced by a letter of approval from the State Fire Marshal. The
			 letter will provide the specific details of the scope of the approval as well
			 as any conditions imposed by the State Fire Marshal;
(b) The approval of each training program
			 shall be valid for up to three years after the initial approval, and valid for
			 up to five years for each subsequent renewal unless revoked for good cause. The
			 dates of the period of approval will be stated in the approval
			 letter;
(c) The applicant of an
			 approved program shall continue to satisfy all the requirements of this section
			 and the letter of approval during the period of approval.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0360 - Grounds for Revocation of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
The State Fire Marshal may revoke the approval of a training
				program after written notice and hearing if the State Fire Marshal finds that
				the applicant of the approved program has failed to continue to satisfy the
				requirements of OAR 837-120-0340  or 837-120-0350  or the State Fire Marshal's
				letter of approval, or has misrepresented itself in its application.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0370 - Procedure for Revocation of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the State Fire Marshal believes that
			 grounds exist under OAR 837-120-0360  for the revocation of approval of a
			 training program approved under 837-120-0350(1) and (2), the State Fire Marshal
			 shall give notification to the applicant of intention to consider revocation of
			 the approval. Each such notification shall include a statement of the basis for
			 considering such revocation and a statement that, within ten days after the
			 date of the notice, such applicant may appeal the decision of the State Fire
			 Marshal on the matter.
(2) A
			 request for appeal must be made by the applicant in writing and must be
			 received in the State Fire Marshal's office within ten days of the date on the
			 letter of notification of revocation of approval of a training program sent to
			 the applicant.
(3) In the written
			 appeal, the applicant must specifically state the reason for the appeal and why
			 the applicant believes the results should be modified.
(4) The application will be notified in
			 writing by the State Fire Marshal of the appeal findings.
(5) Within 20 days after receiving written
			 notice of the findings of the State Fire Marshal, any applicant aggrieved by
			 the findings may file for a contested case hearing. The hearing is conducted in
			 accordance with the provisions of the Administrative Procedures Act, ORS
			 chapter 183.310 to 183.500.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374  - 453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0380

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.374 - ORS
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0390 - Requirements of an Applicant Following Program Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Each applicant whose program has been approved shall:
(1) Allow the State Fire Marshal or his/her
			 authorized representative(s) to attend, evaluate, and monitor any part of the
			 approved training program without charge or cost to the Department of the State
			 Fire Marshal. The Department of the State Fire Marshal need not give advance
			 notice of attendance at the training program.
(2) Agree to modify the approved training
			 program if the training requirements of this section or the referenced
			 documents are changed or if any other applicable federal or state standard
			 which is the subject of training is changed so that it will affect this
			 section. The modification in the training program shall take place no later
			 than 30 days after this section or other relevant standard becomes
			 effective.
(3) Agree to modify the
			 approved training program if the "state of the art" changes relative to any of
			 the topics provided in the training program.
(4) Agree to provide the State Fire Marshal,
			 no later than ten business days after the final date of delivery of each
			 approved program, the name and location of each program given, the date given,
			 the names, addresses, and employer of participants in each program, and the
			 names of participants that were certified as having successfully completed each
			 program. Such information shall be provided on a roster approved by the State
			 Fire Marshal.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.374 -
				  453.390
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 120 - HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM › Section 837-120-0400 - Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
Examinations shall cover the necessary skills and knowledge.
				Each examination shall adequately cover the important topics included in the
				training program and shall be based on the student performance objectives for
				that program as identified in OAR 837-120-0320(1)(g).
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.374 - ORS
				  453.390