OAR Chapter 837 — Department of the State Fire Marshal

Division 1 PROCEDURAL RULES

Or. Admin. R. 837-001-0000 Notice of Proposed Rule

Before adopting, amending or repealing any permanent rule, the State Fire Marshal will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the State Fire Marshal's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;

(3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and

(4) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) League of Oregon Cities;

(d) Fire Standards and Accreditation Board;

(e) Accident Prevention Division, Workmen's Compensation Board;

(f) Association of Oregon Counties;

(g) Oregon Fire Chiefs Association;

(h) Oregon Fire Marshals Association;

(i) Associated General Contractors;

(j) Oregon Council of AIA;

(k) International Conference of Building Officials;

(l) Housing Urban Development;

(m) Oregon State Health Division;

(n) Department of Commerce;

(o) Professional Engineers of Oregon;

(p) Oregon Association of Hospitals;

(q) Northwest Natural Gas;

(r) Capitol Press Room;

(s) Oregon State Bar;

(t) Department of Human Resources;

(u) Oregon Labor Press;

(v) Oregon States Association of PHCC;

(w) Oregon Health Care Association;

(x) Oregon State Home Builders Association.

History

Statutory/Other Authority: ORS 183.360 & 476.030
Statutes/Other Implemented: ORS 183.335, 183.360 & 476.030
OSFM 11-2000, f. 9-22-00, cert. ef. 11-13-00
FM 72, f. & ef. 1-26-76

Or. Admin. R. 837-001-0005 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the State Fire Marshal adopts by reference the Attorney General's Uniform and Model Rules of Procedure under the Administrative Procedures Act effective January 1, 2006.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Fire Marshal.]

History

Statutory/Other Authority: ORS 183.341, 183.360 & 476.030
Statutes/Other Implemented: ORS 183.335, 476.030 & 183.341
OSFM 11-2006, f. & cert. ef. 6-21-06
OSFM 16-2000, f. 12-8-00, cert. ef. 1-26-01
OSFM 2-2000, f. 2-3-00, cert. ef. 3-22-00
FM 1-1992, f. & cert. ef. 1-7-92
FM 3-1990, f. & cert. ef. 7-3-90
FM 6-1988, f. & cert. ef. 7-28-88
FM 4-1986, f. & ef. 3-20-86
FM 3-1983, f. 10-18-83, ef. 11-1-83
FM 1-1982, f. 1-22-82, ef. 2-1-82
FM 1-1980, f. & ef. 2-20-80
FM 2-1978, f. 4-27-78, ef. 5-1-78
FM 82, f. & ef. 6-7-76
FM 14a, f. 2-2-60, ef. 3-10-60

Or. Admin. R. 837-001-0010 Purpose and Scope—Refund of Moneys

(1) Pursuant to ORS 293.445, this rule provides for the refund of fees paid in excess of the amount legally due the State Fire Marshal pursuant to ORS Chapters 476 and 480.

(2) The State Fire Marshal shall not refund fees paid in excess of the amount legally due, if the amount is $10 or less:

(a) Unless a refund is requested in writing by the applicant or the applicant’s legal representative; and

(b) Unless the request is received within three years after the date payment is received by the State Fire Marshal.

History

Statutory/Other Authority: ORS 293, 476 & 480
Statutes/Other Implemented: ORS 293.445
FM 2-1987, f. & ef. 6-16-87

Or. Admin. R. 837-001-0015 Authorized Representatives in Contested Case Hearings Contemplated Under ORS 453.382, 453.404, 480.355, 480.385, and 183.310

(1) A partnership, corporation, association, organized group or governmental authority other than a state agency may appear in a contested case by an authorized representative if the Fire Marshal has determined that appearance by an authorized representative will not hinder the orderly and timely development of the record in the contested case. This rule applies to the types of contested cases contemplated under ORS 453.382, 453.404, 480.355, 480.385, and 183.310.

(2) For purposes of this rule, “authorized representative” means a member of a participating partnership, an authorized officer or employee or a participating corporation, association or organized group, or an authorized officer or employee of a participating governmental authority other than a state agency.

History

Statutory/Other Authority: ORS 183.455(2)
Statutes/Other Implemented: ORS 183.455(2), 453.382, 453.404, 480.355, 480.385 & 183.310
OSFM 4-1998, f. 11-24-98, cert. ef. 12-18-98
OSFM 2-1998(Temp), f. & cert. ef. 6-25-98 thru 12-18-98

Or. Admin. R. 837-001-0020 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Department of the State Fire Marshal adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224 & ORS 476.030
Statutes/Other Implemented: ORS 36.224, ORS 36.228, ORS 36.230 & ORS 36.232
OSFM 1-2024, adopt filed 03/15/2024, effective 03/15/2024
OSFM 120-2023, temporary adopt filed 09/20/2023, effective 09/20/2023 through 03/17/2024

Division 7 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 837-007-0200 Statement of Purpose and Statutory Authority

These rules control the Department’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the Department as an employee, contractor, subcontractor, vendor or volunteer covered by OAR 837-007-0220.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0210 Definitions

As used in OAR chapter 837, division 007, unless the context of the rule requires otherwise, the following definitions apply:

(1) “Approved” means that, pursuant to a preliminary fitness determination under OAR 837-007-0240 or a final fitness determination under OAR 837-007-0250, an authorized designee has determined that the subject individual is fit to be an employee, volunteer, or contractor in a position covered by OAR 837-007-0220.

(2) “Authorized Designee” means a department employee authorized to obtain and review criminal offender information and other relevant information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(3) “Conviction” or “Convicted of” means that a court of law has entered a final judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(4) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual’s records of arrests, the nature and disposition of criminal charges, sentencing, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release.

(5) “Crime Relevant to a Fitness Determination” means a crime listed or described in OAR 837-007-0260.

(6) “Criminal Records Check and Fitness Determination Rules” or “These Rules” means OAR chapter 837, division 007.

(7) “Criminal Records Check” or “CRC” means obtaining and reviewing criminal records as required or permitted by these rules and includes the following:

(a) A check of Oregon criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police at the Department’s request (Oregon Criminal Records Check); or

(b) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department’s request (Nationwide Criminal Records Check).

(8) “Denied” means that, pursuant to a preliminary fitness determination under OAR 837-007-0240 or a final fitness determination under OAR 837-007-0250, an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, or contractor in a position covered by OAR 837-007-0220.

(9) “Department” means the Department of the State Fire Marshal or any subdivision thereof. “Department” does not include a criminal justice agency as defined in ORS 181A.195(1)(a)(B).

(10) “False Statement” means that, in association with an activity governed by these rules, a subject individual either:

(a) Provided the Department with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or

(b) Failed to provide to the Department information material to determining his or her criminal history.

(11) “Fitness Determination” means a determination made by an authorized designee pursuant to the process established in OAR 837-007-0230 (preliminary fitness determination) or OAR 837-007-0250 (final fitness determination) that a subject individual is or is not fit to be a Department employee in a position covered by OAR 837-007-0220.

(12) “Subject Individual” means an individual identified in OAR 837-007-0220 as someone from whom the Department may require fingerprints for the purpose of conducting a criminal records check.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0220 Subject Individual

The Department may require a Subject Individual to complete a criminal records check due to the following reasons:

(1) Is applying for employment or is employed with the Department; or

(2) Provides services or seeks to provide services to the Department as a contractor, subcontractor, vendor or volunteer.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0230 Criminal Records Check Process

A subject individual will be required to have a criminal records check.

(1) Preliminary to performing a criminal records check, a subject individual shall complete and sign the Department Applicant Background Check Release Authorization. Applicant Background Check Release Authorization require the following information: name, Social Security Number, driver’s license or identification card number, and any other identifying information deemed necessary by the authorized designee.

(2) Upon submission of Department Applicant Background Check Release Authorization form, subject individual will be required to be fingerprinted for the Nationwide Criminal Records Check

(3) The Oregon State Police conducts a Nationwide Criminal Records Check and provides the results to the Department.

(4) The Department shall not request a Department Criminal Records Request from a subject individual under the age of 18 years unless the Department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Failure to consent, however, may be construed as a failure to complete process under OAR 837-007-0280(2).

(5) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by the Department in order to resolve any issue(s) hindering the completion of a criminal records check.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0240 Hiring on a Preliminary Basis

(1) An authorized designee may conduct a preliminary fitness determination pending the receipt of the Nationwide Criminal Records check and the Department Weigh Test.

(2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Department.

(3) A subject individual hired on a preliminary basis is deemed to be on trial service. If the subject individual is denied upon completion of a final fitness determination, as provided under OAR 837-007-0250(2), then the Department shall immediately terminate the subject individual’s employment in or appointment to a position.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0250 Final Fitness Determination

An authorized designee shall make a fitness determination using the Department Weight Test Worksheet about a subject individual based on information provided by the subject individual under OAR 837-007-0230, and any criminal records check(s) conducted. False statements and omissions provided by the subject individual may be cause for denial.

(1) Approval. The subject individual is approved to work, obtain certifications, have direct access, or otherwise provide services as defined in OAR 837-007-0210(1).

(2) Denial:

(a) If a fitness determination shows credible evidence of any of the factors identified in the Department Weigh Test Worksheet, an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to the Department or the State, the authorized designee shall deny the subject individual as not fit for the position.

(b) If a subject individual is denied as not fit, the subject individual may not be employed by or provide services as a volunteer or contractor to the Department in a position covered by OAR 837-007-0220.

(3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

(4) If a final fitness determination is denial, the Department shall inform the subject individual of appeal rights via email or US mail to the most current contact information provided by the subject individual.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0260 Crimes Relevant to a Fitness Determination

Crimes Relevant to a Fitness Determination will be evaluated through the Weight Test Worksheet, including:

(1) All felonies;

(2) All Class A misdemeanors;

(3) Any United States Military crime or international crime;

(4) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450; and

(5) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section (1).

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0270 Appealing a Fitness Determination

To contest a denial, a Subject Individual will follow the steps below:

(1) A Subject Individual may choose to appeal a fitness determination under the process made available by this rule. The Department provides the Subject Individual an informal meeting with the Human Resources Director to allow Subject Individual to provide additional or corrected information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. The Department will conduct a new criminal records check, Weigh Test and re-evaluate the original fitness determination made under OAR 837-007-0250.

(2) Office of Administrative Hearings (OAH): If the informal meeting with Human Resources results in a denial, the Subject Individual will be offered the option of a contested case hearing in the notice provided by the Department. To request a contested case hearing, the Subject Individual or the Subject Individual’s legal representative shall submit a written request for a contested case hearing as outlined in the notice provided under OAR 837-007-0250(4), within the time required by law.

(3) When the fitness determination is performed as part of the Department’s final determination of the appeal process, the only remedy awarded is a determination the Subject Individual is fit or not fit. Under no circumstances shall the Department be required to place a Subject Individual in any position or be required to accept services or enter into a contractual agreement with a Subject Individual.

(4) The Department will not be required to delay or postpone the Department’s hiring process or employment decision pending the appeal decision of a final fitness determination.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0280 Incomplete Fitness Determination

(1) The Department will close the review for a final fitness determination when:

(a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 837-007-0220;

(b) An authorized designee cannot locate or contact the subject individual;

(c) The Department determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or

(d) The position is no longer open.

(2) Failure to Complete Process for Criminal Background Check. If the subject individual fails to complete any portion of the criminal background check process under OAR 837-007-0230, the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process.

(3) A subject individual does not have a right to a contested case hearing under OAR 837-007-0270(2) to challenge the closing of an incomplete fitness determination.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0290 Recordkeeping and Confidentiality

(1) Criminal Offender information obtained in the criminal records check is confidential. The Department will restrict the dissemination of information obtained in the criminal records check. Only authorized designees as identified by the Department with a legitimate need to know may have access to the information.

(2) Records Received from the Oregon Department of State Police. Authorized designees shall maintain and disclose records received from the Oregon Department of State Police or an FBI authorized fingerprinting services vendor resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto, these rules, federal regulations, and any written agreement between the Department and the Oregon Department of State Police.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0300 Authorized Designees

Appointment:

(1) The State Fire Marshal, a Chief Deputy State Fire Marshal or Human Resources Director may serve as authorized designees and have access to records received from the Oregon Department of State Police or FBI in accordance with ORS Chapter 181A.

(2) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:

(a) The authorized designee is a family member of the subject individual; or

(b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship, the authorized designee shall consult with their supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Or. Admin. R. 837-007-0310 Fees

The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual.

History

Statutory/Other Authority: ORS 181A.195 & 2024 Senate Bill 1510
Statutes/Other Implemented: ORS 181A.195(9)
OSFM 5-2025, adopt filed 09/18/2025, effective 09/18/2025

Division 12 PUBLIC DISPLAY OF FIREWORKS IN OREGON

Or. Admin. R. 837-012-0305 Purpose and Scope—Pest Control Fireworks in Oregon

(1) These rules establish permit and other requirements for the use of pest control fireworks, as allowed under HB 2432 (2015 OL Ch. 57) and 480.124, to repel birds or other animals from certain properties.

(2) A pest control fireworks permit allows the permit holder to engage only in those activities including the purchase, transportation, possession, storage and use of pest control fireworks (1.4E) when those activities are otherwise in conformance with the requirements of HB 2432 (2015 OL Ch. 57) and ORS 480.124, these rules, and any other applicable state, federal, or local requirements.

(3) An individual member of the general public may not buy or use pest control fireworks unless they have applied for and obtained a pest control fireworks permit from the Department of the State Fire Marshal pursuant to these rules. Violation of these rules may result in confiscation of the fireworks, and the assessment of penalties in accordance with ORS 480.990 and OAR 837-012-0560.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 4-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0005

Or. Admin. R. 837-012-0310 Pest Control Fireworks Permit Applications

(1) Any person engaged in, or intending to engage in, the use of pest control fireworks must apply for and obtain pest control fireworks permit issued by the Department of the State Fire Marshal.

(2) Upon receipt of a properly completed and approved application, the Department of the State Fire Marshal will issue a nontransferable permit to the applicant or persons designated to discharge the fireworks. The State Fire Marshal may deny any application for a permit to discharge pest control fireworks upon determining the proposed purchase or use is not in accordance with these rules or applicable statutes. A separate pest control fireworks permit must be applied for and obtained for each property where a person desires to use pest control fireworks. A separate permit is not necessary for multiple contiguous properties if the applicant has responsible charge of all the properties.

(3) The application for a pest control fireworks permit must be made on a form provided by the Department of the State Fire Marshal.

(4) All information provided by the applicant on the permit application must be true and correct to the permit applicant’s knowledge.

(5) All applications must include a statement describing the bird or animal activities that the applicant deems to be injurious or destructive to the property on which the pest control fireworks are to be used. Such statement shall also include the types of birds or animals to be repelled by pest control fireworks.

(6) If a permit holder wishes to repel birds or animals not identified on the current permit, or wishes to address destructive or injurious activities not identified on the current permit, the permit holder must request the Department of the State Fire Marshal revise the permit. Prior to the Department of the State Fire Marshal revising the permit, the permit holder must submit a supplemental written statement identifying the birds or animals, or the activities that the applicant deems to be injurious or destructive to the property, on which the pest control fireworks are to be used.

(7) The Department of the State Fire Marshal may grant or deny permit applications within 10 business days following receipt of a properly completed and submitted permit application. Any denial will be in conformance with ORS 183.310 to 183.550.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 5-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0010

Or. Admin. R. 837-012-0315 Definitions

(1) “Agent” means an individual designated by the permit holder to pick up the pest control fireworks authorized by the pest control fireworks permit from an Oregon licensed wholesaler when the permit holder is unable to pick up the pest control fireworks.

(2) “Airport” means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.

(3) “Commercially valuable” means a product that, based on public demand, would generate profit if sold.

(4) "Estuary" means:

(a) For waters other than the Columbia River, the body of water from the ocean to the head of tidewater that is partially enclosed by land and within which salt water is usually diluted by fresh water from the land, including all associated estuarine waters, tidelands, tidal marshes and submerged lands; and

(b) For the Columbia River, all waters from the mouth of the river up to the western edge of Puget Island, including all associated estuarine waters, tidelands, tidal marshes, and submerged lands.

(5) “Farm” means:

(a) Any tract of land whether consisting of one or more parcels devoted to agricultural purposes generally under the management of a tenant or the owner, or

(b) A plot of land devoted to the raising of domestic or other animals, or

(6) “Fire Protection District” means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

(7) “Fireworks” has the meaning provided in ORS 480.111(7).

(8) "Forest” or “forestland” means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed.

(9) “Golf course” means an area of land laid out for the game of golf with a series of holes each including tee, fairway, and green and often one or more natural or artificial hazards. “Golf course” does not mean a privately-owned golf practice facility constructed for personal use.

(10) "Illegal fireworks" has the meaning provided in OAR 837-012-0610.

(11) “Individual” means a real, actual person

(12) “Individual member of the general public” means any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit or an pest control fireworks permit by the Department of the State Fire Marshal.

(13) “Local fire authority” means the local fire authority having jurisdiction over the pest control fireworks use and storage sites.

(14) “May” means a regulation of conduct and implies probability or permission.

(15) “May not” means a prohibition of conduct.

(16) “Must” means a mandatory requirement.

(17) “Oregon Fire Code (OFC)” Means the 2022 Edition of the Oregon Fire Code as adopted by the Oregon State Fire Marshal.

(18) “Oregon Structural Specialty Code (OSSC)” Means the 2022 Edition of the Oregon Structural Specialty Code (OSSC) as adopted by the Oregon Building Codes Division.

(19) “Permit application” means the form and accompanying documentation required to be completed and submitted to the Department of the State Fire Marshal for approval prior to the issuance of a pest control fireworks permit.

(20) “Permit holder” means the person referred to in HB 2432 (2015 OL Ch. 57) who:

(a) Desires to purchase, maintain, use, and explode pest control fireworks for the purpose of scaring away or repelling birds or animals from a property as described in OAR 837-012-0305.

(b) Has applied to the State Fire Marshal for a pest control fireworks permit;

(d) Is responsible for any activities conducted under the pest control fireworks permit.

(21) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(22) “Pest control fireworks” means:

(a) Fireworks with a cardboard/pasteboard-type tube up to 4” in length and 3/4 inch in diameter or a shotgun shell type container,

(b) Fireworks containing only pyrotechnic compositions, e g., black powder, flash powder, or smokeless powder, with an audible report containing up to 40 grains, or 2.592 grams, of explosive composition,

(d) Fireworks designed and intended solely for use in:

(A) Controlling predatory animals allowed by ORS 480.124 or,

(B) Controlling birds or animals as allowed by HB 2432 (2015 OL Ch. 57).

(e) Fireworks referred to as explosive pest control devices,

(f) Fireworks not including retail fireworks, display fireworks, or exempt fireworks.

(23) “Pest control fireworks permit” means the official written document issued by the Department of the State Fire Marshal pursuant to HB 2432 (2015 OL Ch. 57) and ORS 480.124 and OAR 837-012-0305 through 837-012-0370 granting permission to a person to purchase and use pest control fireworks.

(24) “Recycling facility” is a specialized plant that handles recyclable materials by doing one or more of the following: receiving, separating or preparing recyclable material for sale to end users.

(25) “Responsible charge” has the meaning given in HB 2432 (2015 OL Ch. 57).

(26) “Sell” means to transfer possession of property from one person to another person for consideration.

(27) “Waste facility” means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

(28) “Wholesaler” means any person who sells or provides by any other means, or intends to sell or provide by any other means fireworks, retail fireworks, display fireworks, or pest control fireworks.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 6-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2011, f. 4-22-11, cert. ef. 6-29-11
OSFM 8-2010(Temp), f. 12-20-10, cert. ef. 1-1-11 thru 6-29-11
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0015

Or. Admin. R. 837-012-0320 Storage of Pest Control Fireworks

Pest control fireworks must be stored in accordance with the requirements of these rules, the OFC, and the OSSC.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0020

Or. Admin. R. 837-012-0325 Permits-Denial, Suspension, Revocation

(1) The State Fire Marshal may deny, suspend or revoke a pest control fireworks permit for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12, or upon a determination the proposed or permitted use does not conform with federal or state law or local regulations. Any such revocation, suspension or denial will be in conformance with ORS 183.310 to 183.550.

(2) The period of denial, suspension or revocation may not exceed three years.

(3) The following criteria are used by the Department of the State Fire Marshal to determine the appropriate sanction:

(a) The severity of the violation or violations and the impact on public safety, particularly if the circumstances of a violation presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations; alleged to have been committed in the current transaction or occurrence;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the pest control fireworks permit holder or applicant; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations.

(4) Suspension or revocation of a pest control fireworks permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 7-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0025

Or. Admin. R. 837-012-0330 General

(1) Pest control fireworks may only be used to repel birds or animals from properties if the birds or animals are or may be injurious or destructive to a property, including crops and livestock located on the property, identified in HB 2432 (2015 OL Ch. 57).

(2) Pest control fireworks may only be used by the permit holder to deter the destructive or injurious activities specified on the permit application by the types of birds or animals listed on the permit application.

(3) Pest control fireworks permit holders desiring to engage in other types of fireworks activities, including wholesale sales, fireworks displays or retail sales, must meet all applicable requirements in ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(4) Pest control fireworks permit holders must notify the Department of the State Fire Marshal, in writing, within 24 hours of the date of change, of:

(a) The pest control fireworks permit holder’s mailing address, telephone number,

(b) The storage address of the pest control fireworks.

(5) Change of the storage location of the pest control fireworks is subject to prior written approval by the local fire authority and the Department of the State Fire Marshal.

(6) Pest control fireworks permit holders must comply with all applicable federal, state and local laws, rules and regulations including, without limitation:

(a) ORS 480.111 through 480.165;

(b) OAR chapter 837, division 12;

(d) OSSC.

(7) Pest control fireworks permit holders must purchase pest control fireworks only from wholesalers having the necessary and current permits required by ORS 480.111 to 480.160 and OAR 837-012-0500 through 837-012-0570.

(8) Pest control fireworks permit holders or their agent must have the agricultural pest control fireworks permit (or a copy) issued by the State Fire Marshal in their possession at the time the agricultural pest control fireworks are picked up from the wholesaler.

(9) Pest control fireworks permit holders may request a duplicate copy of their pest control fireworks permit by certifying to the Department of the State Fire Marshal, in writing, their pest control fireworks permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the pest control fireworks permit holder.

(10) The issuance of a pest control fireworks permit does not in any way constitute approval by the Department of the State Fire Marshal of any pest control fireworks purchased, sold, or provided pursuant to the pest control fireworks permit.

(11) A pest control fireworks permit allows the permit holder to engage in the purchase, transportation, possession, storage and use of pest control fireworks when those activities are otherwise in conformance with the applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12 and any other federal, state or local laws, rules or regulations pertaining to fireworks.

(12) A pest control fireworks permit does not authorize the:

(a) Purchase, possession or sale of illegal fireworks by or to any person; or

(b) The sale, re-sale, or provision of pest control fireworks by or to any person other than the pest control fireworks permit holder.

(13) Any pest control fireworks permit holder, other than an individual, is required by the State Fire Marshal to list the name, age, address, and phone number of one individual in a management position within their company or organization, on the permit application.

(14) Individuals firing pest control fireworks must be a minimum of 18 years of age.

(15) Only the pest control fireworks permit holder, and any employees of the pest control fireworks permit holder, may engage in activities authorized by the pest control fireworks permit.

(16) Pest control fireworks permits, and the rights conveyed by the pest control fireworks permit, are not transferable.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57) & 480.124
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 8-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2011, f. 4-22-11, cert. ef. 6-29-11
OSFM 8-2010(Temp), f. 12-20-10, cert. ef. 1-1-11 thru 6-29-11
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 7-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02
FM 42-1970, f. 4-15-70, cert. ef. 5-11-70, Renumbered from 837-031-0030

Or. Admin. R. 837-012-0340 Permit Fees

There are no fees for this application.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57)
Statutes/Other Implemented: ORS 480.122 & 480.124
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02

Or. Admin. R. 837-012-0350 Issuance of Pest Control Fireworks Permits

(1) Each pest control fireworks permit is assigned a unique number by the Department of the State Fire Marshal.

(2) The pest control fireworks permit is valid only for the property or properties listed on the pest control fireworks permit.

(3) The pest control fireworks permit will be mailed, electronically mailed, or sent by facsimile to the permit holder.

(4) An initial pest control fireworks permit issued by the Department of the State Fire Marshal is valid from the date of issue up to three years as determined by the OSFM.

(5) Upon renewal, pest control fireworks permits are valid for a period not to exceed three years.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57)
Statutes/Other Implemented: ORS 480.122 & 480.124
OSFM 9-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02

Or. Admin. R. 837-012-0360 Purchase of Pest Control Fireworks

(1) Permit holders must be 18 years of age or older.

(2) Pest control fireworks permit holders may purchase or otherwise obtain pest control fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Department of the State Fire Marshal. Exception: In the case of state game management or federal game management authorities who provide agency approved game management assistance to permit holders; once a permit has been issued – state game management or federal game management authorities may supply pest control fireworks to the permit holder under the following criteria:

(a) Pest control fireworks permit holders may only obtain pest control fireworks listed on their pest control fireworks permit.

(b) The state game management or federal game management authority who supplies pest control fireworks must maintain a record of all pest control fireworks supplied and make such records available to the Department of the State Fire Marshal upon request.

(c) Any decision by a state game management or federal game management authority to supply pest control fireworks must be in conformance with their specific agency policies and procedures for the distribution of pest control fireworks.

(3) Once a pest control fireworks permit has been issued and the wholesaler selected; if an pest control fireworks permit holder desires to obtain pest control fireworks from another wholesaler, the pest control fireworks permit holder must notify the Department of the State Fire Marshal at least 24 hours prior to purchasing the pest control fireworks from another licensed pest control fireworks wholesaler.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57)
Statutes/Other Implemented: ORS 480.122 & 480.124
OSFM 10-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02

Or. Admin. R. 837-012-0370 Prohibited Acts and Limitations

(1) A pest control fireworks permit does not allow the permit holder to purchase, possess, or sell any other types of fireworks.

(2) Pest control fireworks may not be utilized for any purpose other than the use as stated on the permit application.

(3) Pest control fireworks utilized for any other use than the permitted use may result in the immediate suspension of the pest control fireworks permit and confiscation of the unused pest control fireworks.

(4) A permit holder may not sell or provide by any other means pest control fireworks or any other fireworks to any other person including other permit holders.

(5) The pest control fireworks permit does not authorize the manufacture, sale, use, discharge or possession of pest control fireworks in any forest protection district, city or county where pest control fireworks are prohibited by law or ordinance.

(6) No permit holder may maintain or allow the existence of a fire hazard at any location under their control where pest control fireworks are stored, transported, or used.

(7) Permit holders may not provide pest control fireworks to anyone other than an authorized employee or owner of the permit holder’s business for the purpose specified on the permit applications.

(8) Nothing in OAR 837-012-0305 to 837-012-1150, nor in any permit issued thereunder, shall authorize the use of pest control fireworks on any property in which the use of pest control fireworks is prohibited by federal or state law or local regulations.

History

Statutory/Other Authority: HB 2432 (2015 OL Ch. 57)
Statutes/Other Implemented: HB 2432 (2015 OL Ch. 57) & 480.124
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 15-2006, f. 12-22-06, cert. ef. 1-1-07
OSFM 3-2002, f. & cert. ef. 2-25-02
OSFM 10-2001(Temp), f. & cert. ef. 12-12-01 thru 6-9-02

Or. Admin. R. 837-012-0500 Purpose and Scope—Wholesale Sales and Storage of Fireworks in Oregon

These rules establish permit and other requirements for persons who sell or provide by any other means, or intend to sell or provide by any other means, at wholesale, fireworks, retail fireworks, display fireworks, or pest control fireworks in or into Oregon, or from Oregon for delivery into another state.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0505 Effective Dates

OAR 837-012-0500 through 837-012-0570 are effective July 1, 2014.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0510 Definitions

For purposes of ORS 480.111 through 480.165 and OAR 837-012-0500 through 837-012-0570, the following definitions apply:

(1) “BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(2) "Carton, container, or case" means any box, parcel, bundle, or other package used to hold or contain fireworks, retail fireworks, display fireworks, or pest control fireworks for purposes of transportation and storage. The term does not include:

(a) The wrapping or packaging used to hold or contain a single or small number of fireworks, retail fireworks, display fireworks, or pest control fireworks; or

(b) A vehicle or other mobile container used to transport fireworks, retail fireworks, display fireworks, or pest control fireworks.

(3) “Display fireworks” means fireworks defined in ORS 480.111(4) that are authorized under a general, limited, or special effects display permit issued pursuant to 480.130, 480.140 and 480.150.

(4) “Domicile” means a person’s legal home; the particular place that a person intends to make the person’s fixed and permanent home and abode.

(5) "Exempt fireworks" has the meaning provided in ORS 480.111(5).

(6) "Fireworks" has the meaning provided in ORS 480.111(7).

(7) "Illegal fireworks" means any fireworks other than consumer fireworks including but not limited to, any firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(8) "Individual" means a single human being.

(9) "Individual member of the general public" means:

(a) For persons in Oregon, any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit, or a pest control fireworks permit by the Department of the State Fire Marshal.

(b) For persons outside of Oregon, any person who has not been issued a license or permit when such a license or permit is required, authorizing the person to sell, purchase, obtain, transport, possess, use or discharge fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10) “In-state wholesaler” means a wholesaler who owns, possesses, or occupies a wholesale site located in Oregon.

(11) “Local fire authority” means the local fire official having jurisdiction over the wholesale site and wholesale operations.

(12) “Manager” means the individual identified on the permit application who is responsible for and directs the operations at the wholesale site.

(13) “Manufacture” has the meaning provided in ORS 480.111(13).

(14) “NFPA” means the National Fire Protection Association.

(15) “NFPA 68” means National Fire Protection Association 68 Standard on Explosion Protection by Deflagration Venting 2013 edition unless otherwise specified.

(16) “NFPA 1124” means National Fire Protection Association 1124 (Code for the Manufacture, Transportation, and Storage of Fireworks) 2013 edition unless otherwise specified.

(17) "Novelties and trick noisemakers" means those items described in ORS 480.111(5) and the American Pyrotechnics Association Standard 87-1 2018 edition. It also means exempt fireworks.

(18) “Oregon Fire Code (OFC)” means the Oregon Fire Code (OFC) 2022 edition as adopted by the Oregon State Fire Marshal unless otherwise specified.

(19) “Oregon Structural Specialty Code (OSSC)” means the Oregon Structural Specialty Code (OSSC) 2022 edition as adopted by the Oregon Building Division unless otherwise specified.

(20) “Out-of-state wholesaler” means a wholesaler who owns, occupies, or possesses a wholesale site located outside of Oregon.

(21) "Permit application" means the application forms and accompanying documentation required to be completed and submitted to the Department of the State Fire Marshal for approval prior to the issuance of a wholesale permit.

(22) “Pest control Fireworks” has the meaning given in OAR 837-012-0315.

(23) “Pyrotechnic articles” has the meaning provided in ORS 480.111(14).

(24) “Pyrotechnic composition” has the meaning provided in ORS 480.111(15).

(25) “Pyrotechnic device” has the meaning provided in ORS 480.111(16).

(26) "Residence" means the particular dwelling place where a person lives and has a present intent to remain for a period of time.

(27) "Resident" means any person who occupies a dwelling in a state and has a present intent to remain in the state for a period of time.

(28) "Retail fireworks" means consumer fireworks as defined in ORS 480.111(2). The term includes a firework designed with the means to roll or move while remaining on the ground, that travels 12’ or less horizontally on smooth surfaces.

(29) "Retailer" means any person who, sells, transfers, or provides by any other means, or intends to sell, transfer or provide by any other means, retail fireworks to individual members of the general public.

(30) “Sales representative” means an individual who is an employee of the wholesale permit holder and is authorized to conduct sales for the wholesale permit holder.

(31) "Sell" means to transfer possession of property from one person to another person for consideration.

(32) “Special effects” has the meaning defined in ORS 480.111(17).

(33) “Wholesale operations” means the sale of fireworks, retail fireworks, display fireworks, or pest control fireworks and related activities, including the purchase, possession, storage and transportation of such fireworks.

(34) "Wholesale permit" means the official written document issued by the Department of the State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of fireworks, retail fireworks, display fireworks, or pest control fireworks when otherwise in compliance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations.

(35) "Wholesale site" means the location where a wholesaler’s sales and storage facilities are operated and maintained.

(36) "Wholesaler" means any person who sells or provides by any other means, or intends to sell or provide by any other means, fireworks, retail fireworks, display fireworks, or pest control fireworks.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 11-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 4-2006, f. & cert. ef. 3-10-06
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0515 General

(1) Definitions. For purposes of this administrative rule, the following definitions apply:

(a) “Fireworks” has the definition contained in ORS 480.111(7).

(b) “Person” means any business, entity, or individual.

(2) Any person intending to sell or provide fireworks by any means within the state of Oregon, must first obtain an Oregon wholesale permit.

(3) Any person intending to sell or provide items described in ORS 480.111(2) by any means within the state of Oregon, must first obtain an Oregon wholesale permit, unless that person possesses an Oregon retail sales permit.

(4) A wholesaler may sell or provide by any means fireworks as defined in ORS 480.111(7) in the state of Oregon only to persons having obtained one of the following State Fire Marshal issued permits:

(a) Fireworks display permit, including general, limited, close proximity, and special effects;

(b) Retail sales permit for the sale of retail fireworks to the general public; or

(5) Wholesalers desiring to engage in any fireworks activities, including retail sales, pest control use, or fireworks displays must meet all applicable requirements of ORS 480.111 through 480.165 and OAR chapter 837, division 12, including obtaining permits for such activities from local, federal, and state authorities.

(6) Wholesale permit holders must comply with all applicable federal, state, and local laws, rules and regulations pertaining to fireworks, including:

(a) ORS 480.111 through 480.165; and

(b) OAR chapter 837, division 12

(7) Wholesalers must notify the State Fire Marshal, in writing, within two weeks of the date of change of:

(a) Identity of the wholesaler’s manager;

(b) The wholesaler’s mailing address or telephone number;

(d) Ownership of the wholesaler’s operation; or

(e) The addition or subtraction of a sales representative for the wholesaler.

(8) Exempt fireworks are exempt from the permit requirements set forth in ORS 480.111 through 480.165 and OAR chapter 837, division 12. Exempt fireworks may be sold and purchased at any time, and do not require a permit.

(9) Wholesalers who provide 1.3g fireworks must provide a minimum of one general operator certification training course annually as required by OAR 837-012-0780.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2012, f. 4-23-12, cert. ef. 8-3-12
OSFM 4-2012(Temp), f. & cert. ef. 2-6-12 thru 8-3-12
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05
OSFM 8-2002, f. & cert. ef. 10-4-02
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89, Renumbered from 837-012-0125
FM 2-1989(Temp), f. & cert. ef. 3-20-89
FM 9-1986, f. & cert. ef. 12-10-86
FM 6-1986(Temp), f. & cert. ef. 6-10-86
FM 1-1986, f. & cert. ef. 1-9-86
FM 3-1985, f. & cert. ef. 4-17-85
FM 3-1982(Temp), f. & cert. ef. 4-16-82
FM 2-1982(Temp), f. & cert. ef. 3-5-82

Or. Admin. R. 837-012-0520 Wholesale Permit Applications

(1) Any in-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, within Oregon, or from Oregon for delivery into another state, must first apply for and obtain a wholesale permit issued by the Department of the State Fire Marshal.

(2) Any out-of-state wholesaler engaged in, or intending to engage in, the sale, provision, or shipment of fireworks, retail fireworks, display fireworks, or pest control fireworks, in or into Oregon must first apply for and obtain a wholesale permit issued by the Department of the State Fire Marshal.

(3) A separate wholesale permit must be applied for and obtained for each wholesale site that may conduct wholesale operations within, from, or into Oregon.

(4) The application for a wholesale permit must be made on a form provided by the Department of the State Fire Marshal.

(5) All information provided by the applicant on the permit application must be true and correct to the applicant’s knowledge.

(6) In addition to completion of the wholesale permit application forms, applicants must submit:

(a) A copy of a current photographic identification card of all applicants. The Department of the State Fire Marshal may only accept photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency. For purposes of this rule, if the applicant is a corporation, the applicant must submit copies of photographic identification of all the corporate officers. If the applicant is a partnership, the applicant must submit copies of the photographic identification of all partners.

(b) A description of the types, pursuant to United States Department of Transportation classification, and the maximum quantities, by total gross weight, of fireworks, retail fireworks, display fireworks, or pest control fireworks to be stored at the wholesale site for which a wholesale permit has been applied;

(7) As part of the permit application process, the applicant must obtain the approval of the local fire authority and the local building official prior to submitting their application to the Department of the State Fire Marshal.

(8) Exception to 837-012-0520(7): If the applicant’s wholesale site address was continuous during the year preceding the year for which the wholesale permit renewal is sought, the applicant is required only to re-submit to the Department of the State Fire Marshal, as part of the wholesale permit renewal application, the approval of the local fire authority.

(9) As part of the permit application, wholesale permit applicants who intend to sell or provide 1.3G fireworks must submit to the Department of the State Fire Marshal a copy of their appropriate license issued by BATFE.

(10) Additional wholesale requirements pertaining to fireworks, where applicable, must include:

(a) Provide $1M premises liability insurance as part of wholesale permit application;

(b) Compliance with federal DOT insurance requirements of $5,000,000 per shipment of 1.3G fireworks and $1,000,000 per shipment of 1.4G fireworks;

(c) Hazardous Material Certificate of Registration required by 49 CFR Part 107, Subpart G; as part of wholesale permit application;

(d) File Federal DOT MCS 90, MCS 150B;

(e) Provide proof of wholesale permit to offer manufactured pyrotechnics into commerce as required by ORS 480.120;

(f) Compliance with BATFE 5400;

(g) Annually file the Oregon Hazardous Substance Possession Survey;

(h) Submit a Certificate of Occupancy for all buildings as part of wholesale permit application;

(i) Compliance with NFPA 68 guide for explosive venting hazardous group H as part of wholesale permit application;

(j) Compliance with NFPA 1124 manufacturing and storage requirements;

(k) Any structures utilized as storage exceeding 30 days must be classified as permanent storage and meet NFPA 1124 requirements;

(l) Compliance with OSSC Section 307;

(m) Compliance with Oregon OSHA requirements.

(11) “BE” and “EX” numbers must be obtained before any manufactured pyrotechnic device is entered into commerce or transported.

(12) Applicants must submit the completed permit application to the local fire authority for review and signature approving the wholesale site prior to submission of the permit application to the Department of the State Fire Marshal.

(13) Permit applications must be signed by all applicants.

(a) If the applicant is a partnership, the application must be signed by every partner.

(b) If the applicant is a corporation, the application must be signed by an officer of the corporation.

(14) Permit applications

(a) Renewal permit applications may not be submitted to the Department of the State Fire Marshal prior to October 1 of the year preceding the year for which the wholesale permit is sought.

(b) New permit applications may be submitted at any time. The fee is not prorated.

(15) Renewal permit applications must be postmarked by a United States Postmark, or received at the Department of the State Fire Marshal, no later than December 18 of the year preceding the year for which the wholesale permit is sought. If December 18 falls on a day when a postmark cannot be obtained, applications must be postmarked on the preceding business day when a postmark can be obtained. If December 18 falls on a day when the Department of the State Fire Marshal is closed, and the applicant wishes to hand deliver their application, it must be delivered to the Department of the State Fire Marshal at the Salem office on the preceding business day. However, due to limited resources in the fireworks program, it is recommended that wholesale fireworks permit applications be postmarked or submitted to the OSFM by December 1 of the year preceding the year for which the permit is sought.

(16) Relocation of the wholesale site requires submission of a new permit application and wholesale permit fee.

(17) Only one wholesale permit may be applied for or issued for each wholesale site.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110–480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 119-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 2-2008, f. 4-3-08, cert. ef. 5-1-08
OSFM 1-2008(Temp), f. & cert. ef. 1-25-08 thru 7-3-08
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 8-2002, f. & cert. ef. 10-4-02
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89, Renumbered from 837-012-0120
FM 2-1989(Temp), f. & cert. ef. 3-20-89
FM 9-1986, f. & cert. ef. 12-10-86
FM 6-1986(Temp), f. & cert. ef. 6-10-86
FM 1-1986, f. & cert. ef. 1-9-86
FM 3-1985, f. & cert. ef. 4-17-85
FM 3-1982(Temp), f. & cert. ef. 4-16-82
FM 2-1982(Temp), f. & cert. ef. 3-5-82

Or. Admin. R. 837-012-0525 Wholesale Permits

(1) Within 30 days of receipt of a properly completed and timely submitted permit application and wholesale permit fee, the Department of the State Fire Marshal must issue or propose to deny the wholesale permit.

(2) The Department of the State Fire Marshal may not approve a permit application or issue a wholesale permit without the prior approval of the local fire authority.

(3) The Department of the State Fire Marshal will assign a unique number to each wholesale permit issued.

(4) The Department of the State Fire Marshal will mail or email the original wholesale permit to the applicant at the mailing address or email address listed on the permit application.

(5) Wholesale permit holders may request a duplicate copy of their permit by certifying to the Department of the State Fire Marshal, in writing, that their permit has been lost, stolen or destroyed. Written requests must be signed and dated by the applicant pursuant to OAR 837-012-0520(12).

(6) The issuance of a wholesale permit does not in any way constitute approval by the Department of the State Fire Marshal of any fireworks, retail fireworks, display fireworks, or pest control fireworks purchased, sold or provided by any other means pursuant to the permit.

(7) A wholesale permit allows the holder of the permit to engage in the purchase, transportation, possession, storage and sales of fireworks, retail fireworks, display fireworks, or pest control fireworks, when those activities are otherwise in conformance with applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations pertaining to Fireworks.

(8) A wholesale permit authorizes the holder of the permit to sell or provide by any other means, fireworks, retail fireworks, display fireworks, or pest control fireworks, within or into Oregon, only to holders of:

(a) General, limited, or special effects display permits;

(b) Retail permits;

(d) Pest control permits.

(9) A wholesale permit does not authorize the sale or provision by any other means, of fireworks, retail fireworks, display fireworks, or pest control fireworks to individual members of the general public.

(10) The wholesale permit and permit number issued by the Department of the State Fire Marshal are valid from January 1 to December 31 of the year for which they are issued. All wholesale permit and permit numbers expire on December 31 of the year in which they are valid. A wholesale permit holder may be issued the same permit number every year if the permit holder applies for and obtains a wholesale permit in consecutive years.

(11) The wholesale permit is not transferable to another person nor can another person perform any activities authorized by the wholesale permit unless that person listed in the permit application.

(12) Only the wholesale permit holder and the employees of the wholesale permit holder may engage in wholesale operations authorized by the wholesale permit.

(13) The wholesale permit holder's name, mailing address and wholesale permit number must be imprinted or affixed by the wholesale permit holder to:

(a) All sales forms, orders, invoices, inventory sheets and any other similar or related documents issued, used or completed by the wholesale permit holder in conducting its wholesale operations; and

(b) The outside of all cartons, containers, or cases of fireworks, retail fireworks, display fireworks, or pest control fireworks being shipped, transported, or otherwise provided by the wholesale permit holder.

(c) Care should be taken to ensure any other required labeling is not obscured when marking items required by 837-012-0525(13) (a) and (b).

(14) All shipments by a wholesale permit holder of fireworks, retail fireworks, display fireworks, or pest control fireworks must show on the outside of each cartons, containers, or cases, sales forms, orders, invoices, inventory sheets and any other similar or related documents issued, used or completed by the wholesale permit holder the full name and permit number of the permit holder to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are being provided.

(a) If fireworks, retail fireworks, display fireworks, or pest control fireworks are being shipped, transported or otherwise provided in or into Oregon, the shipment must show a Department of the State Fire Marshal-issued permit number.

(b) If the fireworks, retail fireworks, display fireworks, or pest control fireworks are being shipped, transported or otherwise provided from Oregon for delivery into another state, the shipment must show the appropriate license or permit number, if the person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are being provided is required under the laws of the other state to possess a license or permit.

(c) Care should be taken to ensure any other required labeling is not obscured when marking items required by 837-012-0525(14) (a) and (b).

History

Statutory/Other Authority: ORS 476, 478 & 480
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 118-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 8-2002, f. & cert. ef. 10-4-02
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89, Renumbered from 837-012-0120
FM 2-1989(Temp), f. & cert. ef. 3-20-89
FM 9-1986, f. & cert. ef. 12-10-86
FM 6-1986(Temp), f. & cert. ef. 6-10-86
FM 1-1986, f. & cert. ef. 1-9-86
FM 3-1985, f. & cert. ef. 4-17-85
FM 3-1982(Temp), f. & cert. ef. 4-16-82
FM 2-1982(Temp), f. & cert. ef. 3-5-82

Or. Admin. R. 837-012-0530 Permit Fees

(1) Permit fees shall be paid to the Department of the State Fire Marshal and must accompany the permit application.

(2) Payment may be made by personal check, business check, cashier’s check, money order, online, or other approved OSFM method, and made payable to the Department of the State Fire Marshal.

(3) The permit fee is $3,000.

(4) Permit fees are non-refundable. Exception: The State Fire Marshal may refund all or part of the permit fee if it is determined the application is not appropriate or the permit is denied.

(5) Permit fees are non-transferable to any other individual or business.

History

Statutory/Other Authority: ORS 476, 478 & 480
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 117-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09
OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
Reverted to OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0535 Denial, Suspension and/or Revocation of Wholesale Permit

(1) The Department of the State Fire Marshal may deny, suspend or revoke a wholesale permit if a wholesale permit holder, or an applicant for a wholesale permit, fails to comply with ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(2) The period of denial, suspension or revocation may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal may consider the following criteria:

(a) The severity of the violation or violations and the impact on public safety, particularly whether the circumstances of the violation or violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the wholesale permit holder or applicant; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation or violations.

(3) Suspension or revocation of a wholesale permit may include suspension or revocation of the current permit and the right to apply for a renewal permit.

(4) The Department of the State Fire Marshal may deny, suspend or revoke all wholesale permits issued to a wholesale permit holder or applicant for each of the permit holder’s or applicant’s wholesale sites pursuant to OAR 837-012-0520(3).

(5) At any time after the expiration of any period of denial of a permit application, or suspension or revocation of a wholesale permit, imposed by the Department of the State Fire Marshal, the applicant or wholesale permit holder subject to the denial, suspension or revocation may submit a permit application to the Department of the State Fire Marshal. The Department of the State Fire Marshal must either grant or deny the application pursuant to OAR 837-012-0525(1). If granted, the wholesale permit is valid for the remainder of the calendar year.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 116-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0540 Wholesale Sites Located in Oregon

(1) The location of a wholesale site may not present a significant risk to surrounding life and property or to the ability of local emergency response agencies to respond.

(2) The wholesale site must be designed, constructed, operated, maintained and separated in conformance with the applicable requirements of:

(a) NFPA 1124 (The separation distances must be met as required by NFPA 1124. All fireworks stored at the wholesale site must be considered in calculating the separation distances);

(b) NFPA 68;

(d) OFC;

(3) Temporary structures, including tents, vehicles and trailers of less than 10,000 pound gross carrying capacity, and buildings, structures, vehicles, or trailers not approved by the local fire authority and the Department of the State Fire Marshal may not be used as wholesale sites.

(4) Security for storage facilities must be provided by construction and maintenance of a solid or chain-link fence, at least six feet high with locking gates, that surrounds the facility. Security may be provided by an alternative means only if first approved by the local fire authority.

(5) Smoking, other ignition sources, or the use of the fireworks, retail fireworks, display fireworks, or pest control fireworks may not be allowed within 100 feet of the storage or sales facilities.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 115-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 8-2002, f. & cert. ef. 10-4-02
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0545 Sales and Records — General

(1) All individuals involved in wholesale operations must be at least 18 years of age. See OAR 837-012-0555(5) and (6).

(2) The manager and sales representatives of the wholesale operations, while not required to be present at all times the site is open for business must be located at the wholesale site.

(3) A copy of the wholesale permit must be posted in an area readily visible to all individuals entering the sales facility.

(4) The fireworks, retail fireworks, display fireworks, or pest control fireworks may be displayed in the sales facility in accordance with the following requirements:

(a) 1.3G fireworks may not be displayed;

(b) 1.4G fireworks may be displayed. Only one of each type of firework may be displayed unless multiples of one type of firework are contained in a single package. In that case, only the smallest available package may be displayed and in accordance with local fire authority and Department of the State Fire Marshal requirements.

(5) All sales or provision of the fireworks, retail fireworks, display fireworks, or pest control fireworks, including donation, by wholesale permit holders must be recorded on a form provided by the Department of the State Fire Marshal or, for sales of 1.3G fireworks, the BATFE form 5400.4. Sales or provision of the fireworks, retail fireworks, display fireworks, or pest control fireworks may be recorded on an alternative form if approved, in writing, by the Department of the State Fire Marshal or the BATFE.

(6) The records described in subsection (5) of this rule must include, at a minimum:

(a) The name, address, and license or permit number, if required, of the person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are being sold or otherwise provided, including the state that issued the license or permit, the date of issuance and the expiration date of the license or permit;

(b) The address, including street number, city and state, and telephone number of the destination for the fireworks, retail fireworks, display fireworks, or pest control fireworks;

(d) A list of the types, trade names and quantity of the fireworks, retail fireworks, display fireworks, or pest control fireworks sold or otherwise provided.

(7) The record form described under subsection (5) of this rule must be completed in full by the wholesale permit holder and signed by the person purchasing or obtaining the fireworks, retail fireworks, display fireworks, or pest control fireworks.

(8) All records described under subsection (5) of this rule, whether originals or copies, must be clear, legible and accurate.

(9) Records described under subsection (5) of this rule must be maintained at the wholesale site. Records must be retained for five years from the date of sale or provision. Upon request, records must be immediately provided to the local fire authority, law enforcement authority or representative of the Department of the State Fire Marshal.

(10) Wholesale permit holders must maintain at the wholesale site at all times a list of all employees involved in the wholesale operations, including their names, addresses, phone numbers (including home), driver's license numbers, and birth dates. Upon request a legible copy of the list must be provided immediately to the Department of the State Fire Marshal.

(11) Wholesale permit holders must maintain at the wholesale site at all times a list of all vehicles used to transport the fireworks, retail fireworks, display fireworks, or pest control fireworks, including year, make, model, license number and lease agreement, if applicable. A legible copy of the list must be provided immediately to the Department of the State Fire Marshal, upon request.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 114-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 7-2004(Temp), f. & cert. ef. 12-13-04 thru 6-10-05
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0550 Sales to Out-of-State Residents by In-State Wholesalers

(1) In addition to any other requirements set forth in these rules, the sale or provision by any other means, of the fireworks, retail fireworks, display fireworks, or pest control fireworks to out-of-state residents must comply with the laws of the state where the person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be sold or provided resides and the laws of the state where the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be transported or shipped, if the fireworks, retail fireworks, display fireworks, or pest control fireworks are to be transported or shipped to a state other than where the person resides.

(2) The person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are sold or otherwise provided must present to the wholesale permit holder for inspection, at the time of sale or provision, the original or a certified copy of the person’s valid license or permit when such license or permit is required by the laws of the other state.

(3) The person to whom the fireworks, retail fireworks, display fireworks, or pest control fireworks are sold or otherwise provided must present to the wholesaler for inspection, at the time of sale or provision, proof of the person's identity. Such proof must be an official, signed and sealed photo-identification card, such as a driver's license issued by the person's state of residence or domicile.

(4) Wholesale permit holders with wholesale sites located 50 miles or less from the borders of the State of Oregon must make a good faith effort to determine if customers are Oregon residents or out-of-state residents.

(5) Fireworks, retail fireworks, display fireworks, or pest control fireworks may not be sold or otherwise provided to out-of-state residents whose state of residents prohibits the sale, provision, purchase, possession, or use of fireworks, retail fireworks, display fireworks, or pest control fireworks. Exception: This does not apply to an out-of-state resident that has applied for and been granted a permit pursuant to ORS 480.111 through 480.165 and OAR chapter 837, division 12.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0555 Prohibited Acts and Limitations

(1) Wholesale permit holders may not create, maintain, or allow the existence of a fire hazard at any location under their control where fireworks, retail fireworks, display fireworks, or pest control fireworks are stored, transported, sold, or used.

(2) No wholesale permit holder may sell or provide by any other means, including donation:

(a) Fireworks or display fireworks to any individual under 21 years of age;

(b) Retail fireworks or pest control fireworks to any individual under 18 years of age if the sale or provision of retail fireworks or pest control fireworks is to an individual in Oregon;

(c) Fireworks, retail fireworks, display fireworks, or pest control fireworks to any person who does not possess a valid permit for such fireworks, retail fireworks, display fireworks, or pest control fireworks issued by the Department of the State Fire Marshal, or if required, a valid license or permit issued by the equivalent agency in the person’s state of residence or the state of destination for the fireworks, retail fireworks, display fireworks, or pest control fireworks;

(d) Fireworks, retail fireworks, display fireworks, or pest control fireworks which have been altered in any manner.

(3) No person who has been convicted of a violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12, or who has had any fireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in wholesale operations, for a period not to exceed three years.

(4) A wholesale permit holder may not knowingly employ, or have direct business ties with, any person whose wholesale or retail fireworks permit or operator certificate is revoked or suspended.

(5) No individual under 18 years of age may participate in any manner in wholesale operations involving fireworks, retail fireworks, or pest control fireworks.

(6) No individual under 21 years of age may participate in any manner in wholesale operations involving display fireworks.

(7) A wholesale permit holder may not fill out, complete or submit a general, limited, or special effects display permit, retail permit, or pest control fireworks permit previously filled out or completed by a different wholesaler unless the wholesale permit holder has applied for and received approval from the Department of the State Fire Marshal to do so.

(8) Wholesale permit holders may not sell, provide, ship, transport, keep, offer for sale, expose for sale, possess, use, explode or have exploded any fireworks, retail fireworks, display fireworks, or pest control fireworks that have not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or if the fireworks, retail fireworks, display fireworks, or pest control fireworks do not have a United States Bureau of Explosives Temporary Transfer Permit.

(9) A wholesale permit or permit number that has expired or has not been issued does not authorize the purchase, use, discharge, transportation, storage, possession, sale or provision by any other means, including donation, of fireworks, retail fireworks, display fireworks, or pest control fireworks.

(10) Every person who knows of, engages in, allows, or is otherwise a party to, wholesale operations not in conformance with ORS 480.111 through 480.165 and OAR chapter 837, division 12, may be subject to denial, revocation, or suspension of the person’s fireworks permit or operator certificate issued by the Department of the State Fire Marshal, and a civil penalty.

(11) No person may purchase or otherwise obtain, possess, use, discharge, transport, offer for sale, sell, transfer or otherwise provide fireworks, retail fireworks, display fireworks, or pest control fireworks without first applying for and obtaining the appropriate permit issued by the Department of the State Fire Marshal pursuant to ORS 480.111 through 480.165 and OAR chapter 837, division 12.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 113-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 4-2006, f. & cert. ef. 3-10-06
OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2005(Temp), f. & cert. ef. 1-13-05 thru 7-11-05
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0560 Civil and Criminal Enforcement Actions

(1) The Department of the State Fire Marshal, local fire authority, or law enforcement authority may confiscate, remove or have removed any fireworks, retail fireworks, display fireworks, or pest control fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, possessed, used or discharged in violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(2) The wholesale permit holder, or any other person responsible for any violation or violations, may be responsible for payment of the agency’s costs in confiscating or removing any fireworks, retail fireworks, display fireworks, or pest control fireworks pursuant to subsection (1) of this rule.

(3) Upon finding a violation, the Department of the State Fire Marshal may order that any confiscated fireworks, retail fireworks, display fireworks, or pest control fireworks be:

(a) Returned to the manufacturer of the fireworks, retail fireworks, display fireworks, or pest control fireworks; or

(b) Disposed of in any manner approved by the Department of the State Fire Marshal, including destruction of the fireworks, retail fireworks, display fireworks, or pest control fireworks.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 112-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0565 Transportation

(1) All shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks within or into Oregon, or from Oregon for delivery to another state may be transported only by persons who comply with all applicable United States Department of Transportation requirements and any other federal, state, or local laws, rules, or regulations pertaining to the transportation of fireworks.

(2) All persons engaged in the transportation of fireworks, retail fireworks, display fireworks, or pest control fireworks within, into or out of Oregon must verify that the outside of all cartons, containers or cases, containing such fireworks and any accompanying documentation, are marked with all the information required under OAR 837-012-0525(13) and (14).

(3) Wholesale permit holders may not sell or provide fireworks, retail fireworks, display fireworks, or pest control fireworks to any person for transport when the permit holder knows or should know that the person cannot or will not transport fireworks, retail fireworks, display fireworks, or pest control fireworks in accordance with United States Department of Transportation requirements or any other applicable federal, state or local laws, rules or regulations.

(4) Common carriers must immediately notify, verbally or in writing, the local fire authority or the Department of the State Fire Marshal of all shipments of fireworks, retail fireworks, display fireworks, or pest control fireworks to be delivered within or into Oregon. Such shipments shall be subject to examination by the local fire authority and the Department of the State Fire Marshal to determine compliance with all applicable federal, state and local laws, rules, and regulations pertaining to fireworks, retail fireworks, display fireworks, or pest control fireworks. If necessary, the Consumer Product Safety Commission, United States Customs, the United States Department of Transportation and the Oregon Department of Transportation may be contacted for assistance.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 111-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11
OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
Reverted to FM 5-1989, f. & cert. ef. 9-15-89
OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0570 Hazardous Materials Reporting for Wholesalers with Oregon Storage Sites

All persons possessing more than ten pounds of 1.3G fireworks or 1.4G fireworks, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85. Contact the Department of the State Fire Marshal for survey forms and instructions.

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 110-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2002, f. & cert. ef. 6-14-02
OSFM 15-2000, f. & cert. ef. 12-4-00
FM 5-1989, f. & cert. ef. 9-15-89
FM 2-1989(Temp), f. & cert. ef. 3-20-89

Or. Admin. R. 837-012-0600 Purpose and Scope—Retail Sales and Storage of Pyrotechnics (Allowed Fireworks) in Oregon

These rules establish permit and other requirements for persons who sell or otherwise provide, intend to sell or otherwise provide, retail fireworks to individual members of the general public.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef 12-4-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0605 Effective Dates

OAR 837-012-0600 through 837-012-0675 are effective July 1, 2014.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 14-2000, f. & cert. ef. 12-4-00
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0610 Definitions

For purposes of ORS 480.111 through 480.165 and OAR 837-012-0600 through 837-012-0675, the following definitions apply:

(1) “American Pyrotechnics Association Standard 87-1” means the American Pyrotechnics Association Standard 87-1 (2004 edition) unless otherwise specified.

(2) "BATFE" means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) "Building" has the same meaning provided in the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010. The term does not include a tent, canopy, stand or trailer.

(4) "Canopy" means a temporary structure, enclosure or shelter; constructed of fabric or pliable materials; supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter.

(5) "Carton, container, or case" means any box, parcel, bundle, or other package used to hold or contain fireworks, retail fireworks, display fireworks, or pest control fireworks for purposes of transportation or storage. The term does not include:

(a) The wrapping or packaging used to hold or contain a single, or small number of, fireworks, retail fireworks, display fireworks, or pest control fireworks; or

(b) A vehicle or other mobile container used to transport fireworks, retail fireworks, display fireworks, or pest control fireworks.

(6) "Combination Iitem" means a consumer fireworks device that contains combinations of two or more effects.

(7) "Cone fountain" has the meaning provided in ORS 480.111(1).

(8) “Consumer fireworks” has the meaning provided in ORS 480.111(2).

(9) "Cylindrical fountain" has the meaning provided in ORS 480.111(3).

(10) “Display fireworks” has the meaning provided in ORS 480.111(4).

(11) "Employee" means an individual hired by a retail permit holder to sell retail fireworks from a retail sales outlet, or to otherwise engage in retail operations.

(12) "Exempt fireworks" has the meaning provided in ORS 480.111(5).

(13) "Exit" means an opening or passageway that:

(a) Provides a means of leaving an enclosed space or area; and

(b) Is required to be constructed in accordance with the Oregon Structural Specialty Code, as adopted by the Oregon Building Code Division pursuant to ORS 918-460-0010. The term may include a check stand exit.

(14) “Explosive mixture” has the meaning provided in ORS 480.111(6).

(15) "Fire protection district" means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

(16) "Fireworks" has the meaning provided in ORS 480.111(7).

(17) "Flitter sparkler" has the meaning provided in ORS 480.111(9).

(18) "Ground spinner" has the meaning provided in ORS 480.111(10). The term does not include "crazy jacks," "jumping jacks" and similar spinning devices that do not have a means to prevent uncontrolled and unpredictable behavior during discharge, and due to uncontrolled and unpredictable behavior, present a severe hazard of fire and injury. The sale of such devices is therefore prohibited.

(19) "Illegal fireworks" means any fireworks other than consumer fireworks including but not limited to, any firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(20) "Illuminating torch" has the meaning provided in ORS 480.111(11).

(21) "Individual" means a single human being.

(22) "Individual member of the general public" means any person who has not been issued a wholesale permit, a general, limited or special effects display permit, a retail permit or a pest control fireworks permit by the Department of the State Fire Marshal.

(23) "Individual responsible for sales" means the individual identified on the permit application who is responsible for the operation of the retail sales outlet listed on the permit application.

(24) "Indoor sales" means sales of retail fireworks from inside a building or tent.

(25) "Local fire authority" means the local fire official having jurisdiction over the retail site or the retail fireworks storage location.

(26) "NFPA" means the National Fire Protection Association.

(27) “NFPA 10” means the National Fire Protection Association Edition 10 Code for Portable Fire Extinguishers 2013 Edition unless otherwise specified.

(28) “NFPA 495” means the National Fire Protection Association Edition Code for the Manufacture of Fireworks and Pyrotechnic Articles 2013 Edition unless otherwise specified.

(29) "Novelties and trick noisemakers" means those items described in the American Pyrotechnics Association Standard 87-1. It also means exempt fireworks.

(30) “Oregon Electrical Specialty Code (OESC) ” means the 2011 Edition of the Oregon Electrical Specialty Code (OESC) unless otherwise specified.

(31) “Oregon Fire Code (OFC)” means the Oregon Fire Code (OFC) 2022 edition as adopted by the Oregon State Fire Marshal unless otherwise specified.

(32) “Oregon Structural Specialty Code (OSSC)” means Oregon Structural Specialty Code (OSSC) 2022 edition as adopted by the Oregon Building Division unless others wise specified.

(33) "Outdoor sales" means sales of retail fireworks from a tent, canopy, stand or trailer.

(34) "Permit application" means the application form and accompanying documentation required to be completed and submitted to the Department of the State Fire Marshal for approval prior to the issuance of a retail permit.

(35) “Pest control fireworks” has the meaning given in OAR 837-012-0315.

(36) “Pyrotechnic device” has the meaning provided in ORS 480.111(16).

(37) "Retail fireworks" means consumer fireworks, as defined in ORS 480.111(2). The term does include a firework designed with the means to roll or move while remaining on the ground, that travels 12' or less horizontally on smooth surfaces.

(38) "Retail operations" means the sale of retail fireworks from a retail sales outlet to individual members of the general public and related activities, including the purchase, possession, storage and transportation of retail fireworks.

(39) "Retail permit" means the official written document issued by the Department of the State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storage and sale of retail fireworks, at retail, when otherwise in conformance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other applicable federal, state and local laws, rules and regulations pertaining to fireworks.

(40) "Retail sales outlet" means a permanently or temporarily erected structure or enclosure located at the retail site and from which retail fireworks are sold to individual members of the general public. The term includes stands, tents, canopies, buildings, and trailers.

(41) "Retail site" means the physical location or address of the retail site outlet listed on the retail permit where retail fireworks are sold.

(42) "Retailer" means any person who sells, transfers, or provides by any other means, or intends to sell, transfer or provide by any other means, retail fireworks to individual members of the general public.

(43) "Sales display" means the placement at a retail site outlet of retail fireworks to allow individual members of the general public to view, handle and purchase the retail fireworks.

(44) "Sell" means to transfer possession of property from one person to another person for consideration.

(45) "Stand" means a booth temporarily erected and used for the sale of retail fireworks to individual members of the general public.

(46) "Tent" means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects and is in compliance with Oregon Fire Code requirements for tents.

(47) "Volunteer" means a member of a non-profit organization that has applied for and obtained a retail permit.

(48) "Wheel" has the meaning provided in ORS 480.111(18).

(49) "Wholesaler" means any person who sells or provides by any other means, or intends to sell or provide by any other means fireworks, retail fireworks, display fireworks, or pest control fireworks and has obtained a fireworks wholesale permit issued by the Department of the State Fire Marshal.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 109-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 2-2003, f. & cert. ef. 2-10-03
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0615 General

(1) Retailers desiring to engage in other types of fireworks activities, including wholesale sales, displays or pest control use, must meet all applicable requirements in ORS 480.111 through 480.165 and OAR chapter 837, division 12, including those pertaining to obtaining permits for such activities from local and state authorities.

(2) Retail permit holders must comply with all applicable federal, state and local laws, rules and regulations, pertaining to fireworks, including:

(a) ORS 480.111 through 480.165;

(b) All applicable requirements of OAR chapter 837, division 12;

(d) OSSC.

(3) Retail permit holders must notify the Department of the State Fire Marshal, verbally or in writing, within 24 hours of the date of change, of:

(a) The retail permit holder's mailing address or telephone number; or

(b) The mailing address or 24-hour contact number for the individual responsible for sales.

(4) Retail permit holders must notify the Department of the State Fire Marshal and the local fire authority, in writing of a change in the identity of the individual responsible for sales at least 24 hours before the new individual becomes the individual responsible for sales. Such a change is subject to the prior approval of the local fire authority and the Department of the State Fire Marshal.

(5) Exempt fireworks are exempt from the permit requirements set forth in ORS 480.111 through 480.165 and OAR chapter 837, division 12. Exempt fireworks may be sold and purchased without either the seller or purchaser having to first obtain a permit issued by the Department of the State Fire Marshal.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 108-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 2-2003, f. & cert. ef. 2-10-03
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0620 Retail Permit Applications

(1) Any person engaged in, or intending to engage in, the sale or provision by any other means of retail fireworks to individual members of the general public must apply for and obtain a retail permit issued by the Department of the State Fire Marshal.

(2) A separate retail permit must be applied for and obtained for each retail sales outlet that may conduct sales of retail fireworks in Oregon.

(3) Only one application for a retail permit may be made for each retail site except pursuant to OAR 837-012-0630(3).

(4) The application for a retail permit must be made on a form provided by the Department of the State Fire Marshal.

(5) All information provided by the applicant on the permit application must be true and correct to the applicant's knowledge.

(6) In addition to completion of the application form, applicants must submit copies of a sketch of the retail site in accordance with subsection (7) of this rule.

(7) The sketch of the retail site, required pursuant to subsection (6) of this rule, must include without limitation, the following:

(a) A diagram of the retail sales outlet and its relationship to adjacent areas located at the retail site;

(b) For all outdoor sales, the location and distances of all structures, buildings, highways, streets, trees, and other vegetation within 50 feet of the retail sales outlet;

(c) For all indoor sales, the location of the sales display and the location and distances of all highly combustible materials within a 20-foot radius of the sales display;

(A) For retail sales outlets located within structures or buildings of less than 1,000 square feet, all exits from the building or structure;

(B) For retail sales outlets located in structures or buildings of greater than 1,000 square feet, all exits from the building or structure located within 75 feet of the sales display;

(D) A list of the general types of merchandise located within 20 feet of the sales display. This requirement does not apply to tents.

(d) The location of any open flames, exposed heating elements or other direct sources of ignition, including, but not limited to, coffee makers, food warmers, cookers and broilers located inside the retail sales outlet or, for indoor sales, within 20 feet of the sales display.

(8) Any applicant for a retail permit, other than an individual, must list on the application form the name, address, and phone number of one individual holding a management position within the permit holder's company or organization. See definition of "person" in ORS 174.100(4) and "individual" in OAR 837-012-0610(23).

(9) As part of the permit application process, the applicant must apply for and obtain, in writing when available;

(a) All required local and state building code, fire code and business licensing inspections, approvals, permits and licenses; and

(b) All required state and local land use and zoning permits, licenses and approvals for the retail site.

(10) Applicants must submit their completed permit application to the local fire authority for review and signature approving the retail site prior to submission of the permit application to the Department of the State Fire Marshal.

(11) The required local fire authority signatures are:

(a) For retail sales conducted inside city limits, the permit application must be signed by the city fire chief or their authorized representative;

(b) For retail sales conducted outside city limits, but inside a rural fire protection district, the permit application must be signed by the district fire chief or their authorized representative;

(c) For retail sales conducted outside both city limits and a rural fire protection district, the permit application must be signed by the district Deputy State Fire Marshal.

(d) Applicants must also obtain the signature of the local fire authority with jurisdiction over the retail fireworks storage location, regardless of whether the storage location is the same as the retail site.

(12) Proof of identification of the individual responsible for sales that will occur at temporary outdoor locations such as tents or stands must be provided to the local fire authority at the time the permit application is submitted to the local fire authority for review and signature. The proof of identification must be a current and recognizable photographic identification.

(13) Permit applications may not be submitted to the Department of the State Fire Marshal prior to January 1 of the year for which the permit is sought.

(14) ORS 480.127 requires retail fireworks sales applicants to apply in writing to the State Fire Marshal for a permit at least 15 days in advance of the proposed sale. However, due to limited resources in the fireworks program, it is recommended that retail fireworks permit applications be postmarked or submitted to the OSFM by April 15 of the year for which the permit is sought.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 107-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 5-2006, f. & cert. ef. 3-10-06
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 11-2001, f. & cert. ef. 12-14-01
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef.12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0625 Retail Permit Fees

(1) Permit fees shall be paid to the Department of the State Fire Marshal and must accompany the permit application.

(2) Payment may be made by personal check, business check, cashier’s check, money order, online or other approved OSFM methods, and made payable to the Department of the State Fire Marshal.

(3) The permit fee for each permit application is $100.

(4) Permit fees are non-refundable and non-transferable.

History

Statutory/Other Authority: ORS 476 & ORS 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 106-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 3-2023, amend filed 04/27/2023, effective 05/01/2023
OSFM 4-2021, amend filed 01/14/2021, effective 01/14/2021
OSFM 1-2021, amend filed 01/13/2021, effective 01/13/2021
OSFM 5-2020, temporary amend filed 06/18/2020, effective 06/18/2020 through 12/14/2020
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09
OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09
OSFM 5-2006, f. & cert. ef. 3-10-06
OSFM 2-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06
OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0630 Issuance of Retail Permits

(1) The Department of the State Fire Marshal may not approve a permit application, or issue a retail permit, without the prior approval of the local fire authority.

(2) The Department of the State Fire Marshal will assign a unique number to each retail permit issued.

(3) Only one retail permit may be issued for each retail site with the following exception: More than one retail sales outlet may be erected and operated at the same retail site, whether indoors or outdoors, when there is sufficient space to allow each retail sales outlet to conform to the requirements of ORS 480.111 to 480.165 and these rules. For example, retail permits may be issued for both outdoor sales and indoor sales located at the same retail site.

(4) The Department of the State Fire Marshal will mail or email the original retail permit to the applicant at the mailing address or email address listed on the permit application.

(5) Retail permit holders may request a duplicate copy of their permit by certifying to the Department of the State Fire Marshal, in writing, that their permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the retail permit holder.

(6) The issuance of a retail permit does not in any way constitute approval by the Department of the State Fire Marshal of any retail fireworks purchased, sold or provided pursuant to the retail permit.

(7) A retail permit allows the holder of the permit to engage in the purchase, transportation, possession, storage and sales of retail fireworks when those activities are otherwise in conformance with the applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12 and any other applicable federal, state or local laws, rules or regulations pertaining to fireworks.

(8) A retail permit holder is authorized only to sell or otherwise provide retail fireworks to individual members of the general public.

(9) A retail permit does not authorize the:

(a) Purchase, possession or sale of illegal fireworks by or to any person; or

(b) Sale or provision of retail fireworks to any person other than an individual member of the general public.

(10) The retail permit and permit number issued by the Department of the State Fire Marshal are valid for the sale of retail fireworks from June 23 through July 6 of the year in which the permit was issued.

(11) A retail permit is valid only for the retail sales outlet and retail site listed on the permit.

(12) Only the retail permit holder, and any employees or volunteers of the retail permit holder, may engage in retail operations authorized by the retail permit.

(13) Retail permit, and the rights conveyed by the permits, are not transferable.

(14) Retail permit holders must contract directly with the wholesaler listed on the retail permit for the purchase of retail fireworks.

(15) Retail permit holders may not contract, subcontract, lease, sub-lease or convey by any other means to another person any rights granted under the retail permit.

(16) The retail permit issued by the Department of the State Fire Marshal does not require property owners or others to allow sales of retail fireworks on their property. The Department of the State Fire Marshal will not intercede on the behalf of retail permit holders with property owners who refuse to allow sales of retail fireworks on their property, or, in the case of two permit applications submitted or two retail permit inadvertently issued for the same retail site, when there is a question of which applicant or retail permit holder has permission from the property owner to conduct sales at the retail site.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 105-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 2-2003, f. & cert. ef. 2-10-03
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 1-1997, f. & cert. ef. 1-28-97
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 1-1997, f. & cert. ef. 1-28-97
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0635 Purchase of Retail Fireworks by Retail Permit Holder

(1) Retail permit holders must purchase or otherwise obtain retail fireworks only from wholesalers who possess a valid and current wholesale permit issued by the Department of the State Fire Marshal.

(2) A retail permit holder must purchase or otherwise obtain retail fireworks only from the wholesaler listed on the retail permit.

(3) If the wholesaler who supplies the retail fireworks to the retail permit holder is different from the wholesaler listed on the retail permit, the retail permit holder must notify, in writing, the Department of the State Fire Marshal and local fire authority of the change at least 24 hours prior to purchasing the retail fireworks from the wholesaler.

(4) Prior to acceptance of retail fireworks from a wholesaler, the retail permit holder must confirm that the outside of all cartons, containers, or cases of retail fireworks, and any accompanying documentation are imprinted or affixed with the wholesale permit number pursuant to OAR 837-012-0525(13).

(5) Prior to acceptance of retail fireworks from a wholesaler, the retail permit holder must confirm that the outside of all cartons, containers, or cases of retail fireworks and any accompanying documentation are imprinted or affixed with the full name and retail permit number of the retail permit holder.

(6) Retail permit holders may not accept any cartons, containers, or cases of retail fireworks or accompanying documentation that does not show the information required pursuant to subsections (4) and (5) of this rule.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 104-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 2-2003, f. & cert. ef. 2-10-03
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0640 Permits — Denial, Suspension and/or Revocation

(1) The Department of the State Fire Marshal may deny, suspend or revoke a retail permit if a retail permit holder, or an applicant, fails to comply with ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(2) The period of denial, suspension or revocation may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal must consider the following criteria:

(a) The severity of a violation and the impact on public safety, particularly whether the circumstances of the violation presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the retail permit holder or applicant; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation.

(3) Suspension or revocation of a retail permit may include suspension or revocation of the current permit and the right to apply for a subsequent permit.

(4) The Department of the State Fire Marshal may deny, suspend, or revoke all retail permits issued to a retail permit holder for each of the permit holder's or applicant's retail sales outlet pursuant to OAR 837-012-0620(2).

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 103-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0645 Sales and Storage of Retail Fireworks

(1) A retail sales outlet may never be left unattended during the business hours of the outlet. Any retail sales outlet in violation of these rules may be subject to closure.

(2) The retail permit holder or the individual responsible for sales must be present at the retail sales outlet at least 50% of the outlet's business hours each day. When not present at the outlet, the individual responsible for sales must be readily available, day or night, by telephone or other reliable means of communication. The individual responsible for sales may be absent from the retail sales outlet for up to 48 consecutive hours twice during the period of time the retail permit is valid. The two 48-hour time periods may not be consecutive. The individual responsible for sales, when not at the retail site, must be available through their 24-hour contact number listed on their permit application.

(3) Any time the individual responsible for sales is not present at the retail sales outlet during the business hours of the outlet, at least one individual, 18 years of age or older, must be present at the outlet. Such individual must be an employee or volunteer of the retail permit holder's volunteer non-profit organization. Such individual must be directly responsible for, and in charge of, the retail sales outlet and be present in the retail sales outlet at all times.

(4) The individual responsible for sales may be:

(a) The retail permit holder listed on the retail permit; or

(b) An employee of the retail permit holder; or

(c) If the retail permit holder is a volunteer, non-profit organization, an individual who is a member of the retail permit holder's volunteer non-profit organization.

(5) The individual responsible for sales may only be responsible for the retail sales outlet listed on the retail permit.

(6) The retail site may be changed if:

(a) The new retail site is located in the same fire jurisdiction as the retail site listed in the retail permit;

(b) The local fire authority approves the new retail site and indicates that approval in writing; and

(c) The Department of the State Fire Marshal is notified of the change at least 24 hours prior to the commencement of retail sales.

(7) Retail fireworks may only be sold at a retail sales outlet for which a retail permit has been issued.

(8) Retail fireworks may not be sold or otherwise provided from an establishment or business that serves alcoholic beverages, single or multi-family residences, an internet site, or automobiles.

(9) All retail sales outlets must comply with all applicable federal, state and local laws, rules and regulations pertaining to fireworks including:

(a) ORS 480.111 through 480.165;

(b) OAR chapter 837, division 12;

(d) OFC.

(10) All retail fireworks not sold during the time the retail permit is valid, must be returned to the supplying wholesaler no later than July 31 of the year in which the permit is valid.

(11) At all times during the business hours of the retail sales outlet, exits may not be locked or blocked and all exits must be passable.

(12) No fireworks may be discharged within 100 feet of any retail sales outlet.

(13) The retail permit holder, individual responsible for sales, and any employees or volunteers of the retail permit holder must ensure that all retail fireworks sold or otherwise provided, possessed, transported, stored or offered for sale comply with ORS 480.111 through 480.165 and these rules.

(14) The type of retail sales outlet (tent, stand, canopy or trailer) to be utilized must be described on the permit application, including its outside dimensions. The dimensions of the retail sales outlet listed on the permit application may not be increased, but they may be decreased, after the permit application is submitted to the Department of the State Fire Marshal.

(15) Retail permit holders may store their retail fireworks from June 1 through July 31 of the year in which their retail permit is valid. The local fire authority must approve the storage and the storage location of the retail fireworks and indicate that approval by signing the permit application.

(16) Retail fireworks shall be stored:

(a) In compliance with Section 307.1.2 of the OSSC; or

(b) In an explosives magazine pursuant to NFPA 495.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 102-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 3-2004, f. & cert. ef. 1-14-04
OSFM 2-2003, f. & cert. ef. 2-10-03
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0650 Outdoor Sales

(1) The location of an outdoor retail sales outlet must not present a significant risk of fire or injury to those individuals conducting sales of retail fireworks, individual members of the general public, and any surrounding property.

(2) Every outdoor retail sales outlet must maintain at least one exit opening, or outward swinging exit door, for each 1,000 square feet of area covered or each 20 feet of structure length. The exit opening must be at least two feet wide and five feet high or as required by the local fire authority.

(3) Trailers must have their wheels blocked or removed, or the tongue locked. Trailers must be disconnected from any power source which can potentially move the trailer any distance. Any fuel tanks or other ignition sources, including those for propane, must be removed and placed a minimum of 20 feet from the trailer. Individual members of the general public may not have access to the interior of the trailer.

(4) Tent and canopy fabrics and any materials used on the floor of the tent or canopy, such as sawdust, must be treated to be fire retardant.

(5) Tents having three or more enclosing sides must comply with the requirements for both indoor sales and outdoor sales.

(6) Fire extinguishers must be provided at each outdoor retail sales outlet. At a minimum, at least one 2A rated water type extinguisher, or an equivalent water type extinguishing system as approved by the local fire authority must be placed at each retail sales outlet.

(7) All electrical wiring, lighting and other electrical fixtures and installations must be in accordance with the OESC and any other applicable state or local requirements.

(8) Outdoor retail sales outlets that operate at night must erect and maintain sufficient light fixtures to enable customers and those individuals selling retail fireworks to see all areas of the outlet. Standard electrical installations, battery powered lanterns, street or parking lot lighting or nearby building interior and exterior lighting may be used for this purpose.

(9) Outdoor retail sales outlets must be located:

(a) At least 50 feet from any dispensary of flammable liquids or gases;

(b) At least 15 feet, or as otherwise specified by the local fire authority, from any street or public right-of-way;

(d) At least 10 feet from any entrances to, or exits and openings from, any surrounding buildings or structures; and

(e) At least 20 feet from exposed heating elements or any other such sources of ignition including fuel-powered electrical generators.

(10) A stand including any vertical extensions may not be more than one story in height unless it has sufficient size, weight or tie-downs to prevent toppling in the wind.

(11) "No Smoking" signs must be posted on the outside of all enclosing sides of an outdoor retail sales outlets. The signs must be visible to all individuals located at the retail sales outlet. Sign lettering must be red and at least 2-1/2 inches high on a white background.

(12) Smoking, open flames, and other such ignition sources or the use of fireworks are prohibited within 100 feet of the retail sales outlet.

(13) All fuel used to power electrical generators must be stored in containers listed and approved by Underwriter's Laboratories.

(14) Heaters having exposed electrical elements or open flames may not be used at any outdoor retail sales outlet.

(15) Outdoor retail sales outlet, and parking for customers of the retail sales outlet, may not impede or endanger the normal flow of traffic on public streets or highways, or parking lots.

(16) The retail sales outlet permit holder, individual responsible for sales and any employees or volunteers of the retail permit holder are responsible for maintaining the grounds within 20 feet of the retail sales outlet permit in a clean and orderly manner.

(17) Retail permit holders, their employees or volunteers may not sleep inside an outdoor retail sales outlet.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0655 Indoor Sales

(1) The location of an indoor retail sales outlet may not present a significant risk of fire or injury to those individuals conducting sales of retail fireworks, individual members of the general public, and any surrounding property.

(2) A specific area inside the building must be designated and maintained as the sales display area.

(3) The location of the sales display area shall not hinder or block any exit, including, if applicable, a required check-stand exit.

(4) The individual responsible for sales must regularly monitor and oversee retail operations at the retail sales outlet to ensure the sales display and storage areas are orderly and maintained in accordance with these rules.

(5) Retail fireworks, in excess of those needed for the sales display, may be stored inside the retail sales outlet only if they are separated from all sales display areas, exits, flammable and highly combustible materials and public access areas to the building, in accordance with local fire authority requirements and these rules. This subsection does not apply to tents or canopies.

(6) Fire extinguishers must be placed throughout the indoor retail sales outlet in the quantities and locations required by NFPA 10 and any applicable local ordinances and rules. At a minimum, at least one 2A rated water type fire extinguisher, or an equivalent water type fire extinguishing system, as approved by the local fire authority must be placed at the outlet.

(7) Smoking at an indoor retail sales outlet by the retail permit holder, individual responsible for sales or an employee or volunteer of the retail permit holder may be the basis for suspension or revocation of the retail permit.

(8) All trash, rubbish, empty boxes and discarded retail fireworks wrapping or packaging must be removed daily or more often as needed, to maintain the sales display and storage areas in a neat and clean manner.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0660 Records and Postings

(1) The retail permit must be posted at the retail sales outlet and must be readily visible to all individuals approaching or entering the outlet.

(2) A copy of the retail permit may be posted instead of the original if the original is maintained at the outlet and is immediately available for inspection by the local fire authority or the Department of the State Fire Marshal, upon request.

(3) A record of each shipment of retail fireworks received by the retail permit holder must be maintained. The record shall include the wholesaler's name, address and wholesale permit number, the retail permit holder's name and permit number, and a complete list of the names and quantities of each type of retail fireworks received.

(4) All records described under subsection (3) of this rule must be maintained by either the retail permit holder or the wholesaler who supplied the retail fireworks. The records must be maintained for three years from the date of the retail permit holder's receipt of the shipment.

(5) Upon request, the records described in subsection (3) of this rule, must be readily available for review and inspection by the local fire authority or representatives of the Department of the State Fire Marshal. All records must be clear, legible, and accurate.

(6) Retail permit holders must maintain at all times a list of employees or volunteers, including their names, addresses, ages, and phone numbers. Upon request, a legible copy of the list must be provided immediately to the Department of the State Fire Marshal or the local fire authority.

(7) All persons possessing, for 30 days or more, more than ten pounds of retail fireworks must annually complete and submit the hazardous substance survey pursuant to ORS 453.307 to 435.372 and OAR chapter 837, division 85. Contact the Department of the State Fire Marshal for survey forms and instructions.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 101-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0665 Advertisements

(1) No person may publish or cause to be published:

(a) Any advertisement, for distribution to individual members of the general public, concerning the sale of fireworks which have been declared unlawful by ORS 480.111 to 480.165, or these rules, for individual members of the general public to purchase, use, store, transport, sell, discharge, or possess;

(b) Any advertisement for the sale of consumer fireworks in any county, municipality or fire protection district that by law or ordinance has declared the sale, use, or possession of such items to be prohibited.

(2) Section (1) of this rule does not apply to advertisements placed in media when the primary distribution of that media is into areas which allow the fireworks even though some secondary distributions of that media may occur into areas which prohibit these fireworks.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 14-2000, f. & cert. ef. 12-4-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0670 Prohibited Acts and Limitations

(1) Retail permit holders may not create, maintain or allow the existence of a fire hazard at any location under their control where retail fireworks are stored, transported, sold, or used.

(2) Retail permit holders may not sell or provide by any other means including donation:

(a) Retail fireworks to any individual members of the general public under 16 years of age;

(b) Illegal fireworks to any individual members of the general public;

(d) Any retail fireworks not supplied and distributed to the retail permit holder by a wholesaler who possesses a valid and current wholesale permit issued by the Department of the State Fire Marshal pursuant to OAR 837-012-0635(1) through (3).

(3) No person who has been convicted of a violation of ORS 480.111 through 480.165 or OAR chapter 837, division 12, or who has had any fireworks permit or operator certificate suspended, denied or revoked, may participate in any manner in the storage, distribution, transportation or sale of retail fireworks for a period not to exceed three years.

(4) Retail permit holders may not sell, provide, keep, or offer for sale, expose for sale, possess, use, explode or have exploded any retail firework that has not been approved, certified or listed for transport by the United States Department of Transportation and the United States Consumer Product Safety Commission, or does not have a United States Bureau of Explosives Temporary Transfer Permit.

(5) No retail sales outlet may be erected prior to the issuance of a retail permit for that retail sales outlet location.

(6) No person may sell, transfer or otherwise provide retail fireworks to individual members of the general public without first obtaining a retail permit.

(7) A retail permit holder may not employ or have direct business ties with any person whose wholesaler or retail fireworks permit or operator certificate is revoked or suspended.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 100-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 9-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 3-2005, f. & cert. ef. 2-15-05
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
Reverted to OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 7-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
OSFM 2-1999, f. & cert. ef. 6-21-99
Reverted to FM 4-1990, f. & cert. ef. 7-10-90
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0675 Civil and Criminal Enforcement Actions

(1) The Department of the State Fire Marshal, local fire authority or law enforcement officials may confiscate, remove or have removed any fireworks offered for sale, sold, provided, transported, purchased or otherwise obtained, stored, used, discharged or possessed in violation of ORS 480.111 through 480.165 or these rules.

(2) The retail permit holder, or person responsible for the violation, is responsible for payment of the agency's costs in confiscating or removing any retail fireworks pursuant to subsection (1) of this rule.

(3) Upon finding a violation, the Department of the State Fire Marshal may order that any confiscated fireworks be:

(a) Returned to the wholesaler who supplied the fireworks; or

(b) Disposed of in any manner approved by the Department of the State Fire Marshal, including destruction of the fireworks.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.110, 480.120, 480.127, 480.130, 480.150, 480.152, 480.154, 480.156, 480.158, 480.160 & 480.165
OSFM 99-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 11-2001, f. & cert. ef. 12-14-01
OSFM 14-2000, f. & cert. ef. 12-4-00
OSFM 2-1999, f. & cert. ef. 6-21-99
OSFM 5-1998(Temp), f. & cert. ef. 12-14-98 thru 6-12-99
FM 4-1990, f. & cert. ef. 7-10-90
FM 1-1990(Temp), f. & cert. ef. 1-12-90

Or. Admin. R. 837-012-0700 Purpose and Scope—Display of Fireworks in Oregon

(1) The purpose of OAR 837-012-0700 through 837-012-0970 is to adopt rules to implement the standards, policies and procedures for fireworks displays.

(2) These rules establish application, permit and other requirements for fireworks displays, certification requirements for fireworks displays operators and requirements for fireworks displays assistants.

History

Statutory/Other Authority: ORS 476 & 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0710 Effective Dates

OAR 837-012-0700 through 837-012-0970 are effective July 1, 2014.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0720 Definitions

For the purpose of these rules, the following definitions apply to OAR 837-012-0700 through 837-012-0970:

(1) "Aerial fireworks" means fireworks that function in the air.

(2) "Aerial shell" means a cylindrical or spherical cartridge containing pyrotechnic compositions, a lead fuse or electric match wires, and a black powder lift charge.

(3) "Approved applicant" means any individual that meets the requirements of OAR chapter 837, division 12.

(4) "Assistant" means an individual as set forth by OAR 837-012-0780 who works under the direction of an operator to put on a fireworks display.

(5) "Barge" means a floating vessel or a floating platform.

(6) "Barrage" means a rapid-fire sequence of aerial fireworks. Mortars are loaded prior to the display and the aerial shells are chain fused to fire in rapid sequence.

(7) "Black match" means fuse made from string impregnated with black powder and used for igniting fireworks devices.

(8) "Break" means an individual burst from an aerial shell, generally either producing a visual effect (stars) or noise (salute). Aerial shells can be either single-break (having only one burst) or multi- break (having two or more bursts).

(9) "Burst" means break.

(10) "Burst charge" means the composition in an aerial shell that, when ignited by the time fuse, ruptures the shell casing, ignites the shell contents and disperses the shell contents into the sky.

(11) "Cake device" means multi-shot device.

(12) "Chain fusing" means a series of two or more aerial shells or pyrotechnic devices used to fire in sequence from a single ignition. Finales and barrages typically are chain fused.

(13) "Comet" means a firework consisting of a large pellet of pyrotechnic composition that is ignited and propelled from a mortar tube by a black powder charge.

(14) "Designated agent" means the individual designated by the permit holder to pick up the fireworks authorized by the permit from an Oregon licensed wholesaler when the permit holder is unable to pick up the fireworks. The designated agent must have the permit authorized by the State Fire Marshal in their possession at the time the fireworks are picked up from the wholesaler.

(15) "Discharge site" means the area immediately surrounding the area where fireworks are ignited for an outdoor display.

(16) "Display" means an outdoor general or limited fireworks display or an indoor or outdoor fireworks display using special effects fireworks.

(17) "Display fireworks" has the meaning provided in ORS 480.111(4).

(18) "Display permit application" means the form and accompanying documentation required to be completed and submitted to the Department of the State Fire Marshal for approval prior to the issuance of a limited, general, or special effects display permit.

(19) "Display site" means the immediate area where a fireworks display is conducted and includes the discharge site, the fallout area, and the required separation distance from fireworks discharge site to spectator viewing areas. The display site does not include spectator viewing areas or vehicle parking areas.

(20) "Dud" means a firework that leaves the mortar and returns to earth without producing the intended break or effect.

(21) "Electric match" means a device consisting of wires terminating at a relatively high resistance element surrounded with a small quantity of heat-sensitive fireworks composition. When a sufficient electric current is passed through the wire circuit, the heat that is generated ignites the fireworks composition, producing a small burst of flame.

(22) "Electrical firing unit" means the source of electrical current used to ignite electric matches. Generally, the firing unit will have switches to control the firing order and have test circuits and warning indicator, etc.

(23) "Electrical ignition" means a technique used to discharge fireworks in which an electric match and source of electric current are used to ignite fuses or lift charges.

(24) "Exempt fireworks" has the meaning provided in ORS 480.111(5).

(25) "Fall-out area" means the area over which aerial shells are fired. The shells burst over this area, and unsafe debris and malfunctioning aerial shells fall into this area. The fall-out area is the location where a typical aerial shell dud will fall to the ground considering wind and the angle of mortar placement. At a minimum, the fall out area must be the required separation distance based on table of distances listed in OAR 837-012-0840.

(26) "Finale" means a rapid-fire sequence (barrage) of aerial fireworks, typically fired at the end of a display. The mortars are loaded prior to the display, and the aerial fireworks are chain fused to fire in rapid sequence.

(27) “Fire protection district” means any district created under the laws of Oregon or the United States, including rural fire protection districts and any federal, state or private forest patrol areas.

(28) "Fireworks" has the meaning provided in ORS 480.111(7).

(29) "Fireworks detonation" means the entire contents of the aerial shell and the lift charge are consumed in one simultaneous explosion at or near the bottom of the mortar.

(30) “Fireworks display” has the meaning provided in ORS 480.111(8).

(31) "Flash powder" means explosive composition intended for use in firecrackers and salutes. Flash powder produces an audible report and a flash of light when ignited. Typical flash powder composition contains potassium chlorate or potassium perchlorate, sulfur or antimony sulfide, and powdered aluminum.

(32) "Flower pot" means an aerial shell that bursts before it leaves the mortar, projecting its contents out of the mortar similar to a mine. The force of the aerial shell bursting usually does not rupture the mortar.

(33) "Fusee" means a highway distress flare, sometimes used to ignite fireworks at outdoor displays.

(34) "General display operator" means an individual who has been issued a general display operator certificate who meets the requirements of OAR 837-012-0700 through 837-012-0970 and is qualified to be an operator on a general or limited display.

(35) "General display permit" means a permit to hold an outdoor display using 1.3g fireworks. General displays may also include 1.4g fireworks or special effects fireworks.

(36) "General fireworks display" means a display held outdoors, utilizing 1.3g fireworks and may include 1.4g fireworks and special effects fireworks and may only be conducted by a general display operator.

(37) "General operator certificate" means a document issued by the Department of the State Fire Marshal authorizing the holder of the certificate to be an operator at a general fireworks display.

(38) "Ground display piece" means a firework that functions on the ground (as opposed to an aerial shell that functions in the air). Typical ground fireworks display pieces include fountains, wheels, and "set pieces".

(39) "Individual" means a single human being.

(40) "Individual member of the general public" means any person who has not been issued a wholesale permit, a display permit, a retail permit or a pest control fireworks permit by the Department of the State Fire Marshal.

(41) "Instructor" means the individual who delivers the training required under OAR 837-012-0780.

(42) "Lance" means a thin cardboard tube packed with a color producing pyrotechnic composition and used to construct ground display pieces.

(43) "Law enforcement authority" means any law enforcement official having jurisdiction over the fireworks display site.

(44) "Lead fuse" means a fireworks fuse made of quick match that transfers fire from an ignition source to the lift charge of an aerial shell or other fireworks.

(45) "Lift charge" means composition in an aerial shell that propels the aerial fireworks into the air when ignited.

(46) "Limited fireworks display" means a display held outdoors limited to 1.4G fireworks labeled UN0336. Fireworks authorized by the limited permit are subject to limitation by the local fire authority and the Department of the State Fire Marshal.

(47) "Limited display operator" means an individual who has been issued a limited display operator certificate who meets the requirements of OAR 837-012-0700 through 837-012-0970 and is qualified to be an operator on a limited display.

(48) "Limited display permit" means a permit to hold a display using 1.4g fireworks labeled UN0336.

(49) "Limited operator certificate" means a document issued by the Department of the State Fire Marshal authorizing the holder of the certificate to be an operator at a limited fireworks display.

(50) "Local fire authority" means the local fire official having jurisdiction over the display site or the site where fireworks may be stored prior to the date and time of the display.

(51) “Local government” has the meaning provided in ORS 480.111(12).

(52) "Low break" means an aerial shell that functions significantly lower than its prescribed height.

(53) "Manual firing" means using a handheld ignition source such as a fusee or portfire to ignite fireworks.

(54) “Manufacture” has the meaning provided in ORS 480.111(13).

(55) “May” means a regulation of conduct and implies probability or permission.

(56) “May not” means a prohibition of conduct.

(57) "Mine" means a device designed to project stars or other effects, such as whistles and firecrackers into the air from a mortar charged by black powder that ignites the contents of the mine.

(58) "Misfire" means a firework fails to function after an ignition source is applied to the ignition point.

(59) "Monitor" means an individual designated by the sponsors of the display to keep the audience in the intended viewing area and out of the display site, discharge site and fallout area.

(60) "Mortar" means a tube, closed at one end, from which aerial fireworks are fired into the air.

(61) "Mortar rack" means a frame containing mortars and are most often used for barrages and finales and in electrically ignited general fireworks displays.

(62) "Mortar trough" means an aboveground structure filled with sand or similar materials in which mortars are positioned for use in general fireworks displays.

(63) "Multi-break shell" means a cylindrical aerial shell with more than one main compartment connected with internal fusing and performs with successive breaks. An aerial shell with more than one distinctive type of effect contained within one main compartment is not a multi-break shell.

(64) "Multi-shot device" means a firework consisting of more than one tube each containing a firework item. It is ignited once with each of its tubes chain fused together to fire in succession until all tubes have been fired. Multi-shot devices are also referred to as cake devices.

(65) “Must” means a mandatory requirement.

(66) "Muzzle break" means an aerial shell that bursts immediately as it leaves the mortar.

(67) "NFPA" means the National Fire Protection Association.

(68) “NFPA 1123” means the National Fire Protection Association 1123 Code for Fireworks Display (2018 Edition) unless otherwise specified.

(69) “NFPA 1124” means National Fire Protection Association 1124 Code for the Manufacture, Transportation, and Storage of Fireworks (2013 Edition) unless otherwise specified.

(70) "Operator" means the individual qualified as set forth in OAR 837-012-0780 to conduct the display.

(71) "Operator certificate application" means the form and accompanying documentation required to be completed and submitted to the Department of the State Fire Marshal for approval prior to the issuance of a limited operator certificate or a general operator certificate.

(72) “Oregon Fire Code (OFC)” means the Oregon Fire Code 2022 edition as adopted by the Oregon State Fire Marshal, unless otherwise specified.

(73) “Oregon Structural Specialty Code (OSSC)” means the Oregon Structural Specialty Code 2022 edition as adopted by the Oregon Building Codes Division unless others wise specified.

(74) "Peanut shell" means two or more aerial shells in a common wrapper propelled by the same lift charge with separate external time fuses.

(75) "Permit" means the official written document issued by the Department of the State Fire Marshal authorizing a display allowing the permit holder to purchase fireworks for the display as detailed on the permit when otherwise in conformance with OAR chapter 837 division 12.

(76) "Permit holder" means the person as listed on the display permit as the person to whom the permit is issued.

(77) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group or persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(78) “Pest control fireworks” has the meaning given in OAR 837-012-0315.

(79) "Portfire" means a tube containing slow burning pyrotechnic composition sometimes used to ignite fireworks at a limited or general fireworks display.

(80) “Pyrotechnic articles,” also referred to as “articles, pyrotechnic” has the meaning provided in ORS 480.111(14).

(81) “Pyrotechnic composition” has the meaning provided in ORS 480.111(15).

(82) “Pyrotechnic device” has the meaning provided in ORS 480.111(16).

(83) "Quick match" means a black match encased in a loose fitting sheath and is used in fuses for aerial fireworks and for rapid sequential ignition of fireworks such as lances in a ground display piece or barrage.

(84) "Ready box" means a container used for the storage of fireworks during a fireworks display.

(85) "Retail fireworks" means those items described in ORS 480.111(2) as consumer fireworks, specifically combination items, cone fountains, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, and wheels. The term does include a firework designed with the means to roll or move while remaining on the ground, that travels 12' or less horizontally on smooth surfaces.

(86) "Roman candle" means a cardboard tube containing pyrotechnic devices which, when lit, are expelled into the air at timed intervals.

(87) "Safety cap" means a paper tube, closed at one end, which is placed over the end of a fireworks fuse to protect the fuse from damage or accidental ignition.

(88) "Salute" means a special firework that is designed to produce a loud report.

(89) "Set piece" means a ground display piece usually consisting of lances and quick match arranged on a frame.

(90) "Sell" means to transfer possession of property from one person to another person for consideration.

(91) "Special effects display" means a display held either indoors or outdoors limited to special effects fireworks authorized by the special effects permit.

(92) "Special effects fireworks" has the meaning provided in ORS 480.111(17).

(93) "Special effects permit" means a permit issued by the State Fire Marshal to hold a display using special effects fireworks.

(94) "Sponsor" means the person that has applied for and been issued a display permit.

(95) "Sticky match" means the trademarked name for a type of match that uses a continuous black powder trail inside a wrapper that is prepared with exposed adhesive along its length. The adhesive is used to attach sticky match to fireworks devices.

(96) "Supervision" means displays must be under the supervision of the law enforcement authority, local fire authority, or the Department of the State Fire Marshal.

(97) "Training course" means the course required under OAR 837-012-0780.

(98) "Wholesaler" means any person who sells or provides by any other means, or intends to sell or provide by any other means fireworks, retail fireworks, display fireworks, or pest control fireworks.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 98-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2004, f. & cert. ef. 1-14-04
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0730 General

(1) The location of the display site, the operator or assistant for a display, the date or time of the display, or the quantity of fireworks to be discharged at the display, may be changed if:

(a) For the location of the display site only, the proposed new display site is located in the same fire jurisdiction as the display site listed on the display permit;

(b) For the operators only, the individual to replace the operator listed on the display permit possesses a current and valid operator certificate.

(c) The local fire authority having jurisdiction over the display site and the Department of the State Fire Marshal approves the change prior to the beginning of the display as listed on the display permit; and

(d) The change is documented in the after-show report pursuant to OAR 837-012-0970.

(2) All displays, all participants in a display, including but not limited to, the monitors, sponsor, wholesaler, operator and assistants must comply with the following:

(a) ORS 480.111 through 480.165.

(b) All applicable requirements of OAR chapter 837, division 12;

(3) Display permit holders or operator certificate holders desiring to engage in other types of fireworks activities, including wholesale or retail sales or pest control use, must meet all applicable requirements in ORS 480.111 to 480.165 and OAR chapter 837, division 12, including those requiring permit to be obtained from local, state, and federal authorities.

(4) Display permit holders may purchase fireworks only from wholesalers having the necessary and current permit required by ORS 480.111 to 480.165 and OAR 837-012-0500 through 837-012-0570.

(5) Issuance of a display permit does not constitute an endorsement of the fireworks purchased or sold.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 97-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. f. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0740 Display Permit Applications

(1) Any person intending to have, put on, or sponsor a display must apply for and obtain a display permit from the Department of the State Fire Marshal.

(2) A separate display permit must be applied for and obtained for each display that may be conducted in Oregon.

(3) Each display permit must be for a specific date and time of day. Permit may not be continuous throughout the date of display.

(4) The application for display permit must be made on a form provided by the Department of the State Fire Marshal.

(5) The display permit application may be completed by the sponsor, wholesaler, operator or assistant for the intended display as listed on the application.

(6) All information provided by the applicant on the display permit application must be true and correct to the applicant's knowledge.

(7) In addition to completion of the application, applicants must submit: A diagram of the display site in accordance with subsection (9) of this rule;

(8) As part of the display permit application process, applicants must apply for and obtain, in writing when available;

(a) All required state and local licenses, permits and approvals; and

(b) Liability insurance, if required pursuant to ORS 480.150(1).

(9) The diagram of the display site, required pursuant to subsection (7) of this rule, must include without limitation, the following:

(a) The location and size of the discharge site. All the other distances required by the subsection below must be measured from the outside perimeter of the discharge site;

(b) The location of the fallout area;

(c) The location of all buildings, structures, highways, streets or other means of travel in and within 100 feet of the discharge site and fallout area;

(d) The location of the spectator viewing areas and their distance from the discharge site and fallout area; and

(e) The location of all trees, power lines of any type and any other overhead obstructions 25 feet or higher in and within 100 feet of the discharge site and fallout area.

(10) Applicants must submit their completed display permit application to the local fire authority and law enforcement authority for review and signature approving, but not limited to, the proposed display site, discharge site, spectator viewing areas, parking areas and fallout areas, prior to submission of the display permit application to the Department of the State Fire Marshal.

(11) The local fire authority and the law enforcement authority may not sign a display permit application if, but not limited to, the display site, discharge site, spectator viewing areas, parking areas or fallout areas or the display permit application does not comply with ORS 480.111–480.165, OAR 837 division 12 or any other applicable federal, state or local laws, rules or regulations pertaining to fireworks.

(12) Display permit applications must be postmarked by a United States Postmark or received at the Salem Department of the State Fire Marshal a minimum of 15 days prior to the date of the proposed display.

(13) Display permit applications postmarked or received after the deadline set forth under subsection (12) of this rule may be returned unprocessed.

(14) A permit is not transferable from the permit holder to another permit holder or person.

(15) Another person or permit holder cannot perform any acts allowed by the display permit unless that person is listed on the display permit or is a designated agent for the permit holder.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 96-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0750 Display Permit Application Fees

(1) Display permit application fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the display permit application.

(2) Payment may be made by personal check, business check, cashier's check or money order made payable to the Department of the State Fire Marshal.

(3) The display permit application fee for a display permit is $100.

(4) Display permit application fees are non-refundable and non-transferable.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 95-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 3-2023, amend filed 04/27/2023, effective 05/01/2023
OSFM 4-2021, amend filed 01/14/2021, effective 01/14/2021
OSFM 1-2021, amend filed 01/13/2021, effective 01/13/2021
OSFM 5-2020, temporary amend filed 06/18/2020, effective 06/18/2020 through 12/14/2020
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2009, f. 4-9-09, cert. ef. 4-10-09
OSFM 9-2008(Temp), f. 11-14-08, cert. ef. 11-17-08 thru 5-8-09
OSFM 6-2006, f. & cert. ef. 3-10-06
OSFM 3-2006(Temp), f. & cert. ef. 2-13-06 thru 3-10-06
OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06
OSFM 2-2005, f. & cert. ef. 2-15-05
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0760 Issuance of Display Permits

(1) Within 15 days of receipt of a properly completed and timely submitted display permit application and display permit application fee, the Department of the State Fire Marshal may either grant or deny the application.

(2) The Department of the State Fire Marshal may not approve a permit application, or issue a display permit, without the prior approval of the local fire authority and law enforcement authority.

(3) The Department of the State Fire Marshal will assign a unique number to each display permit issued.

(4) Only one display permit may be issued for a display site for a particular date and time. Multiple permits may be issued for the same display site and the same day, but not for the same time.

(5) The Department of the State Fire Marshal will mail the original display permit to the individual who completed the display permit application at the mailing address of the individual completing the display permit application listed on the display permit application.

(6) Display permit holders may request a duplicate copy of their permit by certifying to the Department of the State Fire Marshal, in writing, that their permit has been lost, stolen, or destroyed. Written requests must be signed and dated by the display permit holder.

(7) A display permit is valid only for the date, time, and display site listed on the permit.

(8) A display permit authorizes the display permit holder to purchase, transport, possess and store display fireworks, for the purposes of holding the approved display, when those activities are otherwise in conformance with the applicable requirements of ORS 480.111 - 480.165, OAR chapter 837, division 12 and any other federal, state or local laws, rules or regulations pertaining to fireworks.

(9) A display permit authorizes a display only:

(a) At the display site diagrammed on the display permit application and listed on the display permit;

(b) On the date and time listed on the display permit; and

(10) A display permit authorizes the use and discharge of only the type and quantity of display fireworks listed on the display permit.

(11) A display permit does not authorize the sale, purchase, possession, storage, discharge or provision by any other means of any fireworks except as specifically stated on the display permit.

(12) The issuance of a display permit does not in any way constitute approval by the Department of the State Fire Marshal of any display fireworks sold, purchased, possessed, stored provided or discharged pursuant to the display permit.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 94-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0770 Operator Certificate Applications

(1) The application for an operator certificate must be made on a form provided by the Department of the State Fire Marshal.

(2) Any individual who intends to participate as the operator at a general display or limited display must first apply for and obtain an operator certificate issued by the Department of the State Fire Marshal.

(3) All information provided by the applicant on the operator certificate application must be true and correct to the applicant's knowledge.

(4) Completed operator certificate applications must be postmarked by a United States Postmark, or received by the Department of the State Fire Marshal at least 90 days prior to the date of the first display at which the applicant intends to participate as the operator.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 93-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0780 Operator and Assistant Qualifications

(1) To be eligible for a general operator certificate, an applicant must comply with the following:

(a) Must be at least 21 years of age;

(b) Must have participated as an assistant in three or more general displays in Oregon within three years of the date of application:

(A) Participation means completing any of the following duties: firing of the display, installation of mortars, installation of set pieces, loading shells, after-display clean-up and inspection, installation of electrical firing system, and tending the magazine, which may include reloading the mortars.

(B) At a minimum, an applicant must have installed mortars, loaded shells, and participated in after-display clean-up and inspection on all three displays in Oregon.

(C) At a minimum, an applicant must have manually fired on at least one of the three displays required for certification.

(D) The Department of the State Fire Marshal may review after-show reports as proof of an applicant's requisite participation.

(A) The purpose of the examination is to assess the applicant's knowledge of ORS 480.111–480.165 and OAR 837-012-0700–837-012-0970.

(B) To pass the examination, the applicant must answer 80% or more of the examination questions correctly.

(d) Must have attended and completed one training course, approved by the Department of the State Fire Marshal and administered by an instructor certified by the Department of the State Fire Marshal.

(2) To be eligible for a limited operator certificate, an applicant must comply with the following:

(a) Must be at least 18 years of age; and

(b) Must certify that the applicant is knowledgeable of the applicable requirements of ORS 480.111– 480.165 and OAR chapter 837, division 12.

(3) Any individual who desires to participate in a general display or limited display as an assistant must comply with the following:

(a) Be at least 18 years of age; and

(b) Work under the direct supervision and control of a general operator or limited operator.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 92-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1993(Temp), f. & cert. ef. 6-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0790 Issuance of Operator Certificate

(1) Upon receipt of a properly completed and timely submitted operator certificate application, the Department of the State Fire Marshal may either grant or deny the application.

(2) The Department of the State Fire Marshal will assign a unique number to each operator certificate issued.

(3) The Department of the State Fire Marshal will mail the original operator certificate to the applicant at the mailing address listed on the operator certificate application.

(4) Holders of an operator certificate may request a duplicate copy of the certificate by certifying to the Department of the State Fire Marshal, in writing, their operator certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the operator certificate.

(5) An operator certificate allows the holder of the certificate to possess, store, use and discharge display fireworks for purposes of a display when those activities are otherwise in conformance with the applicable requirements of ORS 480.111–480.165, OAR chapter 837, division 12 and any other applicable federal, state or local laws, rules or regulations pertaining to fireworks.

(6) A general operator certificate authorizes the holder of the certificate to participate as the operator at either a general display or a limited display.

(7) A limited operator certificate authorizes the holder of the certificate to participate as the operator only at a limited display.

(8) Only the holder of the operator certificate may engage in the activities authorized by the certificate.

(9) An operator certificate does not authorize:

(a) The sale or provision of fireworks; or

(b) The purchase, transportation, possession or storage of fireworks.

(10) An operator certificate, and the rights conveyed by the certificate, is not transferable.

(11) An operator certificate is valid for three years from the date of issue unless revoked or suspended.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 91-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1993(Temp), f. & cert. ef. 6-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0800 Renewal of Operator Certificate

(1) An operator certificate must be renewed every three years.

(2) The holder of a general operator certificate is not required to re-take the examination required under OAR 837-012-0780(1) (c) unless the current certificate expires. General operators whose certificate expires are required to retake the qualifying examination.

(3) Applications for renewal of an operator certificate must be received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of their current certificate.

(4) All other requirements for the issuance of a renewal operator certificate are the same as for the issuance of the original certificate, with the exception of the manual firing requirement.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 90-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 3-2023, amend filed 04/27/2023, effective 05/01/2023
OSFM 4-2021, amend filed 01/14/2021, effective 01/14/2021
OSFM 1-2021, amend filed 01/13/2021, effective 01/13/2021
OSFM 5-2020, temporary amend filed 06/18/2020, effective 06/18/2020 through 12/14/2020
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 1-1996, f. & cert. ef. 1-18-96
FM 1-1995, f. 8-14-95, cert. ef. 8-15-95
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1993(Temp), f. & cert. ef. 6-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0810 Training Course Instructor

(1) Individuals who intend to provide the training course required under OAR 837-012-0780 must work under the direction and control of an Oregon permitted wholesaler who supplies 1.3g fireworks.

(2) At a minimum, Instructors must meet the following requirements:

(a) Be currently certified as a general display operator under OAR 837-012-0790; and

(b) Has been a general display operator consecutively for six years prior to the date of training. If the instructor has not been consecutively certified for six years prior to the date of training, then the instructor must be approved by the Department of the State Fire Marshal prior to providing the general operator certification training or the training may not be accepted by the Department of the State Fire Marshal for general operator certification.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 89-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1993(Temp), f. & cert. ef. 6-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0820 Pyrotechnician Training Course Requirements

(1) The training course required by OAR 837-012-0780(1)(d) is developed by the Department of the State Fire Marshal.

(2) All individuals providing operator certification training required under OAR 837-012-0780 must provide at a minimum the training course developed by the Department of the State Fire Marshal.

(3) Any training course not developed by the Department of the State Fire Marshal does not comply with OAR 837-012-0780(1)(d).

(4) The Department of the State Fire Marshal may update the training course annually to ensure it is consistent and current with federal and state laws, rules and regulations pertaining to fireworks displays.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 88-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1993(Temp), f. & cert. ef. 6-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0830 Denial, Suspension or Revocation of Display Permit or General or Limited Operator Certificate

(1) The State Fire Marshal may deny, revoke or suspend a display permit or general or limited operator certificate when a person listed on the display permit or operator certificate fails to comply with ORS 480.111 through 480.165, OAR chapter 837, division 12 or any other applicable federal, state or local law, rule or regulation pertaining to fireworks.

(2) Any such denial, revocation, or suspension must be in conformance with ORS 183.310 to 183.550.

(3) Grounds for denial, suspension, or revocation of a display permit or operator certificate include, but are not limited to the following:

(a) A person named on the permit application fails to comply with applicable federal, state, or local laws, rules, ordinances or regulations pertaining to the manufacture, sale, use, discharge, transportation, storage or possession of fireworks; or

(b) The Department of the State Fire Marshal is presented with evidence and a recommendation to deny, suspend or revoke an application, or permit by fire or law enforcement authority. The evidence must support the conclusion that the sponsor permit holder, or applicant has violated applicable rules or statutes; or

(c) The permit holder knowingly hires, employs, or utilizes someone who has had a wholesale, retail or display permit revoked, denied or suspended within the last three years; or

(d) There has been a failure to obtain and maintain necessary local or state on-site inspections, approvals, proof of liability insurance and other required permits; or

(e) Sells, donates or otherwise provides fireworks to any person; or

(f) A permit, or permit number that has expired, or that does not exist, or which has not been issued, is used to support the purchase, use, discharge, transportation, storage, possession or sale of fireworks; or

(g) The applicant submitted a fraudulent permit application; or

(h) Any other violation of the fireworks statutes or rules.

(4) The period of denial, revocation or suspension may not exceed three years. In determining the appropriate sanction, the Department of the State Fire Marshal may consider the following criteria:

(a) The severity of the violations or its impact on public safety, particularly whether the circumstances of the violations presented a significant fire hazard or other public safety danger;

(b) The number of similar or related violations alleged to have been committed in the current transaction, event or occurrence;

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the holder of, or applicant for, a display permit or operator certificate; and

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation.

(5) Suspension or revocation of a display permit or operator certificate may include suspension or revocation of the current permit or certificate and the right to apply for a subsequent permit or certificate.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 87-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2004, f. & cert. ef. 1-14-04
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0835 Purchase, Transportation and Storage of Display Fireworks

(1) General and limited display permit holders must purchase or otherwise obtain display fireworks only from wholesalers who possess a current and valid wholesale permit issued by the Department of the State Fire Marshal.

(2) General and limited display permit holders must purchase or otherwise obtain display fireworks only from the wholesaler listed on the display permit.

(3) If the wholesaler who supplies the display fireworks is different from the wholesaler listed on the display permit, the display permit holder must notify, in writing, the Department of the State Fire Marshal and the local fire authority of the change at least 24 hours prior to purchasing the display fireworks from the wholesaler.

(4) The designated agent may pick up fireworks from the wholesaler and deliver only to the storage site as listed on the display permit or directly to the display site as listed on the permit.

(5) The permit holder, or their designated agent, must possess the display permit at the time the display fireworks are picked up from or delivered by the wholesaler.

(6) The permit holder, or their designated agent, may transport the display fireworks only to the:

(a) Storage site approved by the local fire authority and the Department of the State Fire Marshal and listed on the display permit; or

(b) The display site listed on the display permit.

(7) The permit holder or their designated agent must comply with all applicable federal, state and local laws, rules and regulations pertaining to the transportation of fireworks.

(8) Prior to acceptance of display fireworks from a wholesaler, the permit holder, or their designated agent, must confirm that the outside of all cartons, containers or cases of display fireworks, and any accompanying documentation, are affixed with the full permit holder name and display permit number of the display permit corresponding to the permit holder authorizing the display fireworks being received and the wholesaler name and their Oregon wholesale permit number of the Oregon wholesaler who supplied the display fireworks.

(9) Display permit holders, or their designated agent, may not accept any cartons, containers or cases of display fireworks or accompanying documentation that do not show the required information pursuant to subsections (8) of this rule. If the required permit holder name and display permit number is not on the outside of all cartons, containers or cases of display fireworks, and any accompanying documentation, the permit holder must refuse to accept the display fireworks.

(10) Permit holder name and display permit number and the wholesaler name and permit number must be maintained on any carton, containers or cases containing display fireworks authorized by a display permit.

(11) The storage of display fireworks must comply with the following:

(a) OAR chapter 837, division 12;

(b) OFC.

(d) NFPA 1124; and

(e) United States Department of Transportation laws and regulations.

(12) The transportation of display fireworks must comply with the following:

(a) ORS 480.111 through 480.165;

(b) OAR chapter 837, division 12;

(d) United States Department of Transportation laws and regulations.

(13) Fireworks may be delivered to the display Ssite up to a maximum of 72 hours prior to the date and time of the permitted display. Security at the display site will be continuous until the date and time of the display. Fireworks may be delivered to the display site up 72 hours prior only after a security plan has been submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives and approved by the local fire authority.

(14) Special consideration may be given for increasing the 72 hours maximum as allowed in 837-012-0835(13) for exceptionally large displays. Approval must be granted prior to arriving at the display site and must be approved by the Department of the State Fire Marshal, the local fire authority, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(15) All fireworks at the display site must meet the requirements of NFPA 1124.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030 & 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 86-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02

Or. Admin. R. 837-012-0840 Selection of Display Site and Set Up

(1) Prior to the display, the areas selected for the discharge site, fallout area, spectator viewing and parking may be inspected and approved by the local fire authority and law enforcement authority.

(2) The purpose of this rule is to provide guidance for clearances upon which the local fire authority and law enforcement authority may base their approval or denial of the display site.

(3) The required minimum separation distance between the discharge site and any spectators, vehicles or readily combustible materials is set forth in Table 1. This distance is determined by the largest size aerial shell to be discharged at the intended display. At a minimum, the fallout area for a display must be the required minimum separation distance set forth in Table 1.

(a) Where added safety precautions have been taken, or particularly favorable conditions exist, the local fire authority may decrease the required separation distance pursuant to Table 1. In no case may the required separation distance be less than 70' per inch of aerial shell diameter. Final approval of the decrease in distance is the responsibility of the Department of the State Fire Marshal.

(b) When unusual or safety threatening conditions exist, the local fire authority may increase the required separation distance pursuant to Table 1 as necessary to provide adequate safety for the display site, spectators, and surrounding property.

(4) The required minimum distance from the discharge site to any health care, detention or correctional facility must be at least twice the distance set forth in Table 1.

(5) The required minimum distance from the discharge site to any bulk storage area of materials that pose a flammability, explosive, or toxic hazard must be at least twice the distance set forth in Table 1.

(6) Figure 1 demonstrates some of the location requirements for a suitable display site where mortars are placed vertically, such as may be the case for an electrically ignited display: Figure not included. See ED. NOTE.

(7) The discharge site must be located so the trajectories of the aerial shells do not come within 25 feet of any overhead object.

(8) Ground display pieces must be located at a minimum distance of 75 feet from spectator viewing and parking areas.

(9) Where aerial shells are to be stored at the discharge site for subsequent loading into mortars during the display, the mortars must be placed at least 1/6, but not more than 1/3, the distance from the center of the display site toward the main spectator area. The mortars must be angled such that any dud shells will fall at a point approximately equal to the offset of the mortars from the center of the display site but in the opposite direction.

(10) Figure 2 demonstrates some of the location requirements for a suitable display site when aerial shells are to be stored at the discharge site for subsequent loading into mortars during the display, such as may be the case with a manually ignited display: Figure not included. See ED. NOTE.

(11) Fireworks may not be discharged within 100 feet of any tent or canvas shelter. Unauthorized tents may not be located within the display site.

(12) Fallout areas:

(a) The fallout area must be a large, open area;

(b) Spectators, vehicles, or readily combustible materials may not be located within the fall out area during the display.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 85-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0850 Construction of Fireworks Aerial Shells

(1) Shells may be classified and described only in terms of the inside diameter of the mortar in which they can be safely used, such as three inch shells are only for use in three inch mortars);

(2) Aerial shells must be constructed so that they fit easily into the appropriate size mortar and so that the lift charge and internal delay fuse are appropriate to propel the shell to a safe altitude before functioning.

(3) Shells must be labeled with the type of shell, the shell size and the name of the manufacturer or distributor.

(4) The label or wrapper of any type of aerial shell must be conspicuously marked with a number to indicate the shell size (the diameter of the mortar to be used).

(5) The label or wrapper of any type of aerial salute must be conspicuously marked with the word "salute";

(6) For aerial shells using quick match fuse to ignite the lift charge, that fuse must be long enough to allow not less than six inches of fuse to protrude from the mortar after the shell has been properly inserted.

(7) In order to allow the individual igniting the aerial shells to safely retreat, the time delay between igniting the tip of the shell's fuse and the firing of the shell may not be less than three seconds or more than six seconds.

(8) A safety cap must be installed over the exposed end of the fuse. The safety cap must be of a different color than that of the fuse. The safety cap must be installed in such a manner so the fuse is not damaged;

(9) Single break salute shells may not exceed three inches in diameter or three inches in length (exclusive of the lift charge). The maximum quantity of salute powder in such salutes may not exceed 3 ounces;

(10) Storage of fireworks and aerial shells not in mortars:

(a) All fireworks must be stored and transported according to the requirements prior to reaching the display site;

(b) As soon as the fireworks have been delivered to the display site, they may not be left unattended or allowed to become wet;

(c) All fireworks must be inspected when practical after delivery to the site but always prior to the start of loading shells by the operator or a qualified assistant. Any shells having tears, leaks, broken fuses, or showing signs of having been wet must be set aside and must not be fired. After the display, any such shells must either be returned to the wholesaler or destroyed according to the wholesaler's instructions;

(d) Upon delivery to the display site, all shells must be separated according to size and as to whether they are salutes. Until they are loaded into mortars, shells must be stored in covered containers such as ready boxes or corrugated cartons meeting U.S. Department of Transportation requirements for the transportation of fireworks;

(e) During performance of an outdoor display, Ready Boxes must be located at a distance of not less than 30 feet upwind from the mortar placements. If the wind should shift during a display, the ready boxes must be re-located to be 30 feet upwind from the discharge site.

(11) Installation of mortars:

(a) Prior to placement mortars must be carefully inspected for defects, such as dents, bent ends, damaged interiors, and damaged plugs. Mortars found to be defective must not be used;

(b) Mortars must be positioned vertically or so that shells are propelled away from spectators and over a fallout area. Under no circumstances may mortars be angled toward the spectator viewing areas;

(c) Mortars must be buried to a depth of a minimum of 2/3 of their length, either in the ground or in aboveground troughs or drums;

(d) Refer to NFPA 1123, Table A.4.3.8 (a) and (b) for minimum inside mortar length requirements.

(e) Under conditions when paper mortars may be damaged by placement in damp ground, paper mortars must be placed inside a moisture-resistant bag prior to placement in damp ground;

(f) Whenever there is the likelihood of ground water leaking into the mortar, the mortar must be placed inside a water-resistant bag prior to placement in the ground;

(g) Weather-resistant coverings must be placed over the mouth of mortars whenever there is imminent danger of water collecting in the mortars;

(h) In soft ground, when there is significant danger of the mortars being driven further into the ground when they are fired, sufficient added support must be placed beneath the mortars;

(i) Mortars that are buried in the ground, in troughs, or in drums must be separated from adjacent mortars by a distance at least equal to the diameter of the mortar. Mortars in troughs or drums must be positioned to afford the maximum protection to the operator;

(j) If troughs and drums are used, they must be filled with sand or soft dirt; in no case may stones or other possible dangerous debris be used;

(k) Whenever more than three shells are to be chain fused, such as for sequential firing, additional measures are required to prevent adjacent mortars from being repositioned in the event a shell detonates in a mortar, causing the mortar to burst. For buried mortars, this must be accomplished by placing the mortars with a minimum separation of four times their diameter. For mortars in racks, this must be accomplished by using mortar racks that have sufficient strength to successfully withstand such a failure;

(l) When mortars are to be reloaded during a display, mortars of various sizes may not be intermixed. Mortars of the same size must be placed in groups, and the groups must be separated from each other;

(m) When operators or assistants are to be in the immediate area of the mortars during a display, sandbags or other suitable protection must be placed around the mortars up to the approximate level of the mouth of the mortar in each direction where operators or assistants could be located;

(n) Mortars must be inspected before the first shells are loaded to be certain that no water or debris has accumulated in the bottom of the mortar;

(o) Mortars must be of sufficient strength and durability to safely fire the aerial shells to be used;

(p) Cast iron mortars may not be used;

(q) Metal mortars may be either seamed or seamless; however, seamed mortars must be placed so the seam is facing either right or left as one faces the line of mortars;

(r) Mortars must be of sufficient length to cause aerial shells to be propelled to safe heights;

(s) A cleaning tool must be provided for the cleaning of debris from mortars as necessary;

(t) Numerals indicating the inside diameter of the mortar may be conspicuously painted or otherwise marked near the top of all mortars.

(12) When more than one operator or assistant will be igniting the aerial shells for a display, it is preferred the line of mortars be separated in some manner and that only one operator or assistant light shells in each designated area.

(13) Electrical firing unit:

(a) The purpose of this section is to provide guidance for the design of electrical firing units to be used when it is decided to electrically fire displays;

(b) At no point may electrical contact be allowed to occur between any wiring associated with the electrical firing unit and any metal object in contact with the ground;

(c) If the electrical firing unit is powered from AC power lines, some form of line isolation must be employed such as a line isolation transformer;

(d) The electrical firing unit must include a key-operated switch or other similar device that greatly reduces the possibility that unauthorized or unintentional firings can occur;

(e) Manually activated electrical firing units must be designed such that at least two positive actions must be taken to apply electric current to an electric match. For example, this may be accomplished with two switches in series, both of which must be operated in order to pass current;

(f) Computer-activated automatic sequencing type electrical firing units must have some form of "dead-man-switch," such that firings will cease the moment the switch is released;

(g) If the electrical firing unit has a built-in-test circuit, the unit must be designed to limit the test current (into a short circuit) to 0.05 ampere or to 20 percent of the no-fire current of the electric match, whichever is less;

(h) Multi-testers, such as Volt-O-meters, may not be used for testing unless their maximum current delivering potential has been measured and found to meet the requirements of subsection (g) of this section;

(i) When any testing of firing circuits is performed, no person may be present in the immediate area of fireworks that have been attached to the electrical firing unit.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2004, f. & cert. ef. 1-14-04
OSFM 7-2002, f. & cert. ef. 6-20-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0855 Barge Requirements

(1) Barges may be permitted to be manned or unmanned as long as the barge operators remain in control of the barge, and the operator and assistants remain in control of the barge display site and firing of the display.

(2) The movement and location of a barge must be controlled at all times, whether self-propelled, controlled by another vessel, or secured by anchoring or mooring.

(3) The means of controlling the movement and location of a barge pursuant to subsection (2) of this rule must be done so by means approved by the local fire authority prior to the display.

(4) Barges may be used as a discharge site only if the barge is sufficiently stable and seaworthy so the type of fireworks and the placement of the fireworks, mortars, and accompanying equipment on the barge does not compromise the stability or seaworthiness of the barge when the fireworks are discharged.

(5) When a barge is manned during the firing of the display, a safety shelter must be present on the barge. The safety shelter must:

(a) Be of sufficient size to accommodate all individuals present during the actual firing of the display;

(b) Have a minimum of three sides and a roof; and

(6) Separation between mortars and a safety shelter must be 2ft/in. (0.6 m/25 mm) of diameter of any mortars up to 6 in. (152 mm) in diameter. For shells larger than 6 in. (152 mm) in diameter, the minimum separation distance must be 4 ft/in. (1.22 m/25 mm) of shell diameter.

EXCEPTION: If the safety shelter is constructed of stronger material, the separation distance between mortars and the shelter may be permitted to be reduced at the discretion of the local fire authority and the Department of the State Fire Marshal.

(7) The required minimum size for a barge (in square feet) for a particular display must be determined by the following calculations;

(a) Minimum discharge site (in square ft) = sum of (total number of each size mortar times its inside diameter) divided by two (2).

EXCEPTIONS: Multi-shot devices up to 3 in. in diameter must be calculated at twice the actual footprint of each such device (length X width). Ground display pieces may be excluded from the calculations for minimum display set-up area.

(b) Total # of 3 in. Mortar x 3 + total number of 4 in. Mortars x 4 + total number of 5 in. Mortars x 5 + etc. )/2

EXAMPLE: A display containing 100 - 3 in. shells, 50 - 4 in. shells, 20 - 5 in. shells, 10- 6 in. shells, and 5- 8 in. shells would require the following minimum display set-up area. Table not included. See ED. NOTE.

(8) Barges must be configured, and the display arranged, so operators, assistants and any other individuals on the barge can readily exit the barge in case of an emergency.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030 & 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 84-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02; OSFM 7-2002, f. & cert. f. 6-20-02; OSFM 6-2006, f. & cert. ef. 3-10-06; OSFM 3-2014, f. & cert. ef. 7-1-14

Or. Admin. R. 837-012-0860 Operation of Fireworks Display

(1) The sponsor of the display must provide adequate fire protection for the display.

(2) The sponsor or the operator must consult with the fire authority to determine the level of fire protection required.

(3) Monitors whose sole duty is enforcement of crowd control must be located around the display area by the sponsor. The fire authority must approve the provisions for crowd control.

(4) Monitors must be located around the display site to prevent spectators or any other unauthorized individuals from entering the display site. The display site must be so restricted throughout the display and until the display site has been inspected after the display. Where practical, fences and rope barriers may be used to aid in crowd control.

(5) During the period before the display, when fireworks materials are present, public access to the display site must not be allowed.

(6) The operator has the primary responsibility for safety. While the operator is allowed to actively participate in the firing of the display, safety must be the primary concern.

(7) The operator is responsible for ensuring that a sufficient number of assistants are on hand for the safe conduct of the display. Only the operator and necessary assistants may be permitted in the discharge area while the display is in progress.

NOTE: In some situations, it is believed it is appropriate to have one individual tending each ready box or shell storage area in use at a given time. Similarly, it is believed there should be two individuals reloading shells into mortars for each individual igniting the aerial shells. Unless racks of chain fused shells are being fired, it generally is believed a single individual can safely ignite no more than about ten shells per minute. If a greater rate of firing is desired, it is appropriate to have more than one individual lighting the shells.

(8) The display operator is responsible for meeting the administrative rules, statutory requirements and any other applicable requirements for the display including ensuring all assistants are fully trained in the proper performance of their assigned tasks and they are knowledgeable of safety hazards.

(9) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know an adverse condition exists that significantly affects safety, the display must be postponed until the condition is corrected.

(10) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know the lack of crowd control poses a danger, the display must immediately be discontinued until such time as the situation is corrected.

(11) If at any time before or during the display, the operator, local fire authority, or the law enforcement authority knows or should know that high winds, precipitation, or other adverse weather conditions prevail, such that a significant safety danger exists; the display must be postponed until weather conditions improve to an acceptable level.

NOTE: Changes that occur as a result of sections (9), (10) and (11) of this rule must meet the requirements of OAR 837-012-0740.

(12) Operators and assistants may use only flashlights or electric or chemical-luminescent lighting for artificial illumination.

(13) Smoking is not allowed within 100 feet of any area where fireworks or other pyrotechnic materials are present.

(14) Measures must be taken to protect all fireworks and materials to be used in the display from adverse weather conditions. Moisture-damaged materials must not be used.

(15) No individual may be allowed in the discharge area while under the influence of alcohol, narcotics, or drugs.

(16) The fire official having jurisdiction may require an effective means of communication between the operator, the local fire authority, and others as deemed necessary. That method may consist of cellular or digital telephones, walkie-talkies, marine radio, or similar methods approved by the local fire authority.

(17) Operators must be continuously responsible for the display from the beginning of the display through completion of the display including the after display cleanup and inspection.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0865 Operations for Barge Displays

(1) Manual firing of displays may be allowed only under the following conditions:

(a) Shells must be loaded into mortars and put into place prior to the display. Reloading of any kind during a barge display is prohibited;

(b) Shells may be single-break only and may not exceed 6" in diameter;

(d) All individuals, other than operators and assistants must be behind protective barriers during the display. Protective barriers must meet the strength requirements of 3/4 inch (19mm) plywood or equivalent.

(e) Electrical firing and manual firing on the same barge is allowed when the mortars to be used for manual firing are separated from mortars to be used for electrical firing by a minimum of 25 feet.

(f) All aerial shells greater than 6" in diameter must be fired using electrical ignition or other means of remote ignition that place the operator and assistants at least 75 feet away from the mortar or behind a sturdy barricade at the time of ignition of the lift charge.

(2) A U.S. Coast Guard approved personal flotation device (PFD) must be provided and available for each individual working on the barge. PFD's must be properly worn anytime the barge is not moored at the dock. PFD's must have or include a visual location device.

(3) A watercraft must be ready and capable of providing a rapid emergency response during the display.

(4) During the display only necessary individuals may be present on the barge. No spectators may be present on the barge.

(5) Necessary individuals may include:

(a) Operator and assistants;

(b) Local fire authority department personnel;

(d) Local fire authority, Coast Guard, law enforcement, or other regulatory authority acting within the scope of their official capacity.

(6) Barges must be free of all nonessential combustible materials.

(7) Fuel tanks are deemed essential material to perform the display for vessels controlling, marshaling, or adjoining the barge from which fireworks are being discharged.

(8) Barges constructed of wood or other combustible material may be permitted to be used as a fireworks display site when the requirements of these rules and any other applicable state, local, and federal requirements pertaining to fireworks are met.

(9) Barges constructed of wood or other combustible material can be used provided the surface of the barge has been protected from fire by means acceptable to the local fire authority. The barge should also be of sufficient construction and configuration to safely allow the firing of the display. Consideration should be given to the conditions that could affect the separation distance of the barge from the public. Greater distance might be required to allow for the effects of sea conditions, wind, and drift of the barge.

(10) Whenever, in the opinion of the local fire authority, the operator, or the barge captain, conditions such as high seas or rapid current pose a potential safety hazard to the operator and assistants, spectators, surrounding area, or any other individuals, the display must be postponed until conditions improve.

History

Statutory/Other Authority: ORS 476.030 & 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02

Or. Admin. R. 837-012-0870 Loading and Firing of Shells

(1) Shells must be carried from the storage area to the discharge site only by their bodies, never by their fuses.

(2) Shells must be checked for proper fit in their mortars prior to the display.

(3) When being loaded into the mortars, shells must be held by their fuses or lowering cord if provided and carefully lowered into the mortar. At no time may the person loading the shells place any part of their body over the mouth of the mortar.

(4) The person loading shells must be reasonably certain the shells are properly seated in the bottom of the mortars.

(5) Shells must not, under any circumstances, be forced into a mortar too small to accept them. Shells that do not fit properly into the mortars must not be fired.

(6) The safety cap protecting the fuse must not be removed until immediately before the shell is to be fired.

(7) Shells may be ignited by lighting the tip of the fuse with a fusee, torch, portfire, or similar device. The operator must never place any part of their body over the mortar at any time. As soon as the fuse is ignited, the operator must turn away from or retreat from the mortar area.

(8) The first shell fired must be observed carefully by the operator to determine that its trajectory is such that the shell functions over the fall-out area and that any dangerous debris or unexploded shells will land in the fall-out area. The operator must determine whether or not to begin the display and must monitor the display continuously to determine if the display continues to meet all requirements for the continuance of the display.

(9) The display must be interrupted and the mortars must be re-angled or repositioned as necessary for safety any time during a display. In the case of a barge, the display must be interrupted and the barge must be repositioned as necessary for safety any time during display.

(10) In the event of a shell failing to ignite in the mortar, the mortar must be marked in some manner to indicate the presence of an unfired shell, and the mortar may not be reloaded or reused so long as the misfired shell remains. Immediately following the display but no sooner than 15 minutes after the attempted firing, if the shell still has not fired, the mortar must be cautiously flooded with water and let stand for a minimum of five minutes before it is cautiously emptied of the shell. The operator must be knowledgeable in the proper disposal methods.

(11) It is the responsibility of the person igniting the aerial shells to detect when a shell does not fire from a mortar. That person must warn others in the area and immediately cause the mortar to be marked to indicate the presence of an unfired aerial shell.

(12) Manual re-ignition of chain fused aerial shells may only be attempted at properly installed ignition points.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0875 Mortar Racks for Barge Displays

(1) Mortar racks must be constructed in a thorough manner to be capable of holding multiple mortars in position during normal functioning.

(2) Mortar racks that are not inherently stable must be secured or braced to stabilize them. Stabilization may be accomplished by using stakes, legs, A-frames, side-boards, or equivalent means. Inherently stable means if the base of the rack, before being loaded with fireworks, were tipped 50 degrees from the horizontal in any direction, it would then return to the horizontal position.

(3) Mortar racks must be oriented, angled, or oriented and angled in such a way to maximize spectator safety.

History

Statutory/Other Authority: ORS 476.030 & 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02

Or. Admin. R. 837-012-0880 Ground Display Fireworks

When ground display pieces are to be fired electrically, they may be located in the fall-out area.

(b) When aerial shells have been preloaded, ground display pieces may be located in the discharge area.

(2) Dry grass must be wet down or removed before the display.

(3) Combustible materials must be removed or adequately protected as approved by the fire authority if deemed a fire hazard by the fire authority.

(4) Poles for ground display pieces must be securely placed and firmly braced so they will not fall over during functioning of the firework device.

(5) Specific instructions from the supplier must accompany all ground display pieces. A list of required accessories also must be supplied.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0890 Site Clean-Up

(1) Following the display, the operator, and assistants must conduct an inspection of the fall-out area for the purpose of locating any unexploded aerial shells or components. This inspection must be conducted before any public access to the site is allowed. Any shells or components found during the search must not be handled until at least fifteen minutes have elapsed from the time the shells or components were fired. The fireworks must then be doused with water and allowed to remain for at least five more minutes before being cautiously placed in a plastic bucket or fiberboard box. The wholesaler who supplied the fireworks must be contacted as soon as possible for disposal instructions.

(2) Mortar inspection and removal may be conducted upon the elapse of not less than 10 minutes from the completion of the display to allow for mortar cool-down or misfires.

(3) When fireworks are displayed at night and it is not possible to thoroughly inspect the site, the operator must ensure the entire site is re-inspected very early the following morning.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0900 Transportation and Storage

(1) Storage of fireworks in residential locations, mini-storage units or other structures is prohibited unless such storage is in accordance with the Oregon Fire Code, as adopted by the State Fire Marshal pursuant to OAR 837-040-0010, Oregon Structural Specialty Code as adopted by the Oregon Building Codes Division pursuant to OAR 918-460-0010, and NFPA 1124 Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2013 Edition, these rules or requirements of the local fire authority.

(2) Applicants must also provide a complete and detailed description of how and where they will store Fireworks in their possession before, during and after the display. The description must include:

(a) The address of the storage site and the location of the storage areas at the storage site;

(b) The dates the fireworks will be at each storage site; and

(3) Fireworks may be stored up to a maximum of 30 days prior to the display.

(4) Unused fireworks must be returned to the wholesaler who provided them within 7 days after the display date.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2006, f. & cert. ef. 3-10-06
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0910 Prohibited Acts and Limitations

(1) No individuals may be allowed in the discharge area while under the influence of alcohol, narcotics, or drugs.

(2) Smoking is not allowed within 100 feet of any area where fireworks or other pyrotechnic materials are present.

(3) Only authorized individuals will be allowed within the discharge site.

(4) No individual may maintain or allow the existence of a fire hazard at any location under their control where fireworks are stored, transported, sold, or used.

(5) No permit holder may use:

(a) Any fireworks that have been altered;

(b) Any fireworks other than those supplied or distributed by a person with a current Oregon wholesale fireworks permit.

(6) No person who has been cited or arrested for fireworks violations or who has had a wholesale, retail fireworks permit or operator certificate suspended or revoked may participate in any manner in the fireworks display, including storage, distribution, or transportation of pyrotechnics for a period not to exceed three years.

(7) The permit does not authorize the manufacture, sale, use, discharge or possession of fireworks in any city or county in which such devices are prohibited by law or ordinance.

(8) Permit holders may not use, explode or have exploded any fireworks device that has not been approved, certified or listed for transport by the U.S. Department of Transportation or has a U.S. Bureau of Explosive Temporary Transfer Permit.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 6-2006, f. & cert. ef. 3-10-06
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0920 Records Keeping

(1) Permit holders must keep a record of each shipment of fireworks received. The record must include the wholesaler's name, address, display permit number and a list of the fireworks received including the name and quantity of each firework.

(2) Upon request, the records for each shipment received must be readily available for review and inspection by the local fire authority or representatives of the State Fire Marshal.

(3) All records must be clear, legible, accurate, and maintained for three years from the date of receipt of the fireworks. The records must be submitted to the local fire authority or the State Fire Marshal upon request.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0940 Civil and Criminal Enforcement Actions

(1) In addition to denying, revoking or suspending permit and certification pursuant to administrative hearing and appeals procedures as specified in law, the State Fire Marshal, fire or law enforcement authority may:

(a) Confiscate, remove or have removed at the violator’s expense all fireworks offered for sale, used, transported, stored, or possessed in violation of these rules; and

(b) Destroy seized fireworks when it has been determined that destruction is necessary for the preservation of public safety or health, that the sale, transport, storage or possession of the seized fireworks was in violation of the laws and rules of the State of Oregon or the ordinances of local municipalities.

NOTE: Upon the confiscation or prior to the destruction of any seized pyrotechnics, the person responsible for the confiscation or destruction, may contact the person who the fireworks were seized from.

(2) All civil disputes arising as a result of the administration and enforcement of these rules and regulations may be referred to the State Fire Marshal who has the final administrative authority in all cases.

(3) Violation of any provision of ORS 480.111 through 480.160 is a Class B misdemeanor. Violations thereof may be prosecuted in state or municipal courts when violations occur within the municipality served thereby. Justice and district courts have concurrent jurisdiction with circuit courts in all proceedings arising within ORS 480.111 to 480.160:

(a) The sentence for a Class B misdemeanor is set forth by ORS 161.615;

(b) The sentence to pay a fine for a Class B misdemeanor is set forth by ORS 161.635 and 161.655.

(4) If a person has gained money or property through commission of a misdemeanor or violation, then upon conviction thereof, the court, instead of imposing the fine authorized by these rules, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense in accordance with ORS 161.635 and 161.655.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 3-2003, f. & cert. ef. 2-10-03
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0950 Insurance Requirements

The governing body of any municipality or of any county, may require liability insurance or other form of indemnity deemed adequate by the municipality, or the county, from any person, in a sum not less than $500, conditioned for payment of all damages which may be caused either to a person or property by reason of the authorized fireworks display and arising from any acts of any person or agents, employees or subcontractors of the person.

NOTE: Local Fire Authorities often require the industry standard amount of liability insurance of $1 million.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0960 Fire Protection

Fire extinguishers must be provided in numbers and locations throughout the display site as required by the local fire authority.

NOTE: At a minimum, at least two 2A rated water type extinguishers, or equivalent water type extinguishing system, or an alternative determined by the Local Fire Authority Must be provided.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-0970 Reports for General Displays

(1) Within 10 days following each general display, the operator in charge of the display must complete a report on forms provided by the State Fire Marshal, submit to the State Fire Marshal, and certify the information contained in the report is accurate. Certification and future permits may be denied, suspended, or revoked for false reporting or failure to complete the report.

(2) The operator must provide the information on the report form provided by the State Fire Marshal. At a minimum, each report must contain the following:

(a) The printed name, signature, mailing address, certification number and telephone number of the operator in charge of the display and who is completing the report;

(b) Name of permit holder to whom the permit was issued;

(d) The date and time of day the display was actually held;

(e) The location of the display. Include address or description sufficient to locate;

(f) A list of all fireworks discharged including the size and number of shells and set pieces;

(g) A list of all operators that assisted in assembling, discharging, or supervising the display. The list must include the name, certification number, and description of duties performed for each operator;

(h) A list of all assistants that assisted operators with the display. The list must include the name, mailing address, telephone number, and a description of duties performed for each assistant;

(i) A list of all fireworks that were duds, malfunctioned, or were defective. For each firework listed, the report must include, type of firework and size of firework, if applicable (example six inch shell);

(j) A description of any injuries caused by fireworks authorized by the permit. Each injury must be listed separately, and include the name of the firework, when known, that injured the person, the cause of the injury, and name, address, age and telephone number of the injured person;

(k) A description of any fires caused by fireworks authorized by the permit. Each fire must be listed separately and include the name of the firework, when known, that started the fire, the cause of the fire, and a brief description of the damage that occurred.

History

Statutory/Other Authority: ORS 480.150
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 7-2002, f. & cert. ef. 6-20-02
OSFM 4-2002(Temp), f. & cert. ef. 2-25-02 thru 8-19-02
FM 6-1993, f. & cert. ef. 12-10-93
FM 2-1992, f. & cert. ef. 3-10-92

Or. Admin. R. 837-012-1000 Authority and Application—Fireworks Citations and Civil Penalty Assessments

(1) These rules are promulgated under the State Fire Marshal's authority contained in ORS 476.030 and 480.165.

(2) These rules apply to any person who violates any provision of ORS 480.111 through 480.165 and the rules adopted thereto including, but not limited to, those for fireworks displays, pest control use of fireworks, wholesale and retail sales of fireworks, special effect fireworks, and manufacturing of fireworks.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1010 Purpose and Scope

(1) These rules establish the basis and process by which citations and penalties will be determined and issued for violations of ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(2) These rules provide for fire authorities, as defined in ORS 476.060, to issue citations and proposed penalties.

(3) Each violation is classified and penalty assessed according to violation type and instance.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1020 Effective Dates

OAR 837-12-1000 through 837-12-1110 are effective July 1, 2014.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1030 Definitions

(1) "Citation" means a document issued by the Department of the State Fire Marshal or a fire authority pursuant to ORS 480.165 to issue a civil penalty for a violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12. A citation may include, but is not limited to, a description of each violation and a notice of civil penalty assessment.

(2) “Display fireworks” has the meaning provided in ORS 480.111(4).

(3) “Exempt fireworks” has the meaning provided in ORS 480.111(5).

(4) “Fireworks has the meaning provided in ORS 480.110(7).

(5) "Formal hearing" means a hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.

(6) "Hazard" means a condition which could result in fire loss injury or damage to a person or property.

(7) "Hearings request" means the written request for a formal hearing to contest a civil penalty.

(8) "Illegal fireworks" means any fireworks other than consumer fireworks including but not limited to, any firework that flies into the air, or explodes or behaves in an uncontrolled and unpredictable manner.

(9) "Individual" means a single human being.

(10) "Informal hearing" means a conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means.

(11) "Instance" means the number of times a person has been cited. These are identified as 1st, 2nd, and 3rd instances.

(12) "Local fire authority” means the local fire official having jurisdiction.

(13) “May” means a regulation of conduct and implies probability or permission.

(14) “Must” means a mandatory requirement.

(15) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(16) "Retail permit " means the official written document issued by the Department of the State Fire Marshal pursuant to ORS 480.127 that authorizes the purchase, transport, possession, storing and sale of retail fireworks, at retail, when otherwise in conformance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(17) "State Fire Marshal" means the State Fire Marshal or his/her administrative designee.

(18) "Type" means the classification of violation, i.e., least, minimal, moderate, or severe. These are identified as type I, II, III or IV.

(19) "Violation" types mean:

(a) "Least violation" means a type I violation which poses very little hazard or threat;

(b) "Minimal violation" means a type II violation which poses a minor hazard or threat;

(d) "Severe violation" means a type IV violation which poses a substantial hazard or threat.

(20) "Wholesale permit " means the official written document issued by the Department of the State Fire Marshal that authorizes the purchase, transport, possession, packaging, storing and sale of fireworks, retail fireworks, display fireworks, or pest control fireworks when otherwise in compliance with all applicable requirements of ORS 480.111 through 480.165, OAR chapter 837, division 12, and any other federal, state and local laws, rules and regulations.

(21) "Wholesaler" means any person who sells or provides by any other means, or intends to sell or provide by any other means, fireworks, retail fireworks, display fireworks, or pest control fireworks.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 83-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1040 General

(1) These rules establish civil penalty criteria for types I, II, III and IV violations and the instances for each type of violation.

(2) These rules apply to persons who violate the requirements of ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(3) Fire authorities may apply these rules per ORS 476.060.

(4) A citation describing the violation and assessed penalty may be issued to persons in non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12.

(5) Each separate instance of non-compliance with ORS 480.111 through 480.165 or OAR chapter 837, division 12 is considered a separate violation.

(6) Each day that a violation continues is considered a separate violation.

(7) The distribution, sale, use, manufacture, or possession of any amount of illegal fireworks is prohibited and subject to citation and penalty.

(8) In addition to the issuance of citations and penalties under these rules, the State Fire Marshal and fire authority acting in accordance with ORS 476.060 and 480.154(2) and OAR 837-12-560(1)(a) and 837-12-675(1)(a):

(a) May confiscate any amount of illegal fireworks; and

(b) May confiscate other fireworks possessed by person violating ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(9) In addition to the issuance of citations, penalties, and the confiscation of fireworks, the State Fire Marshal may also revoke, suspend, or deny any fireworks permit provided for under ORS 480.111 through 480.165 to any person who fails to pay a penalty assessed under these rules.

(10) The penalty for each violation ranges from $0 to $500 a day depending upon the type and instance of the violation.

(11) Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for the actual costs incurred by the forester, association or agency in such efforts in accordance with ORS 477.085.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1050 Violation Types, Instances, and Penalty Assessments

(1) Penalties may be assessed according to violation type and instance in Table 2 and OAR 837-12-1130 through 837-12-1160, except as provided in OAR 837-12-1100.

(2) The types of violations are:

(a) Least — type I;

(b) Minimal — type II;

(d) Severe — type IV.

(3) The violation instance is determined based on the number of times a person has committed a violation. *Table 2 is a guideline for penalty assessments. Also refer to OAR 837-12-1130 through 837-12-1160. Table not included. See ED. NOTE.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
Reverted to FM 3-1993, f. & cert. ef. 6-10-93
OSFM 8-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1060 Issuance of Civil Penalty Citation and Forwarding to the Office of State Fire Marshal

(1) Local fire authority, pursuant to ORS 476.060, has the authority to issue civil penalty citations for violation of ORS 480.111 through 480.165 and OAR chapter 837, division 12.

(2) A citation may impose a penalty or provide a warning (OAR 837-12-1050, Table 2).

(3) The citation must be forwarded to the Department of the State Fire Marshal within ten days of issuance. Where possible, each citation may be accompanied by a copy of the issuing authority's written report, inspection sheets, Fire District Property Report (or evidence receipt — Form #920-021-06) or any other forms that are completed during the process of issuing citations.

(4) The Department of the State Fire Marshal will issue a notice of civil penalty based upon the information contained in the citation and any accompanying documentation.

[ED. NOTE: Tables and Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 82-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1070 Hearings

(1) Any person may request a hearing regarding the assessment of a civil penalty.

(2) Hearings requests must be filed at the Salem Department of the State Fire Marshal within 20 days from the date of service of the notice of civil penalty.

(3) Any person who requests a hearing is entitled to a hearing.

(4) The hearing process may include:

(a) An informal conference to discuss if there is a basis for informal disposition of a civil penalty by stipulation, agreed settlement, or other means;

(b) A formal hearing before a hearings officer where the laws, rules, and evidence are presented, considered, and a proposed opinion and order issued.

(5) The formal hearing must be conducted as a contested case hearing according to the provision of the Administrative Procedures Act (APA) ORS 183.413 to 183.470.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 81-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1080 Informal Conference

The Department of the State Fire Marshal will provide an opportunity for a person to informally discuss a civil penalty assessed against them.

(2) An informal conference may be requested prior to a request for a formal hearing; however, a formal hearing must be requested within 20 days of the date of service of the notice of civil penalty.

(3) The request for an informal conference may be in any form; and

(a) Must be addressed to the Department of the State Fire Marshal; and

(b) Must clearly state the subject to be discussed.

(4) An informal conference concerning civil penalties may not extend the 20 days allowed for filing a formal hearing request.

(5) If the parties agree, an informal conference may be held by telephone.

(6) As the result of an informal conference, the State Fire Marshal may, for good cause, amend, withdraw, or reduce a civil penalty. Such action is done in accordance with the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 80-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1090 Formal Hearing

(1) A person may request a formal hearing at any time before or after an informal conference, as long as the 20 day period for requesting a hearing has not lapsed.

(2) The Department of the State Fire Marshal will arrange for a hearings officer to conduct the formal hearing.

(3) The Department of the State Fire Marshal will set a date, time, and location for the formal hearing.

(4) The Department of the State Fire Marshal will notify, by letter, the person requesting the hearing (or their designated representative) of the date, time, location, and the hearings officer conducting the formal hearing.

(5) The hearings officer will hear the case and render a proposed opinion and order, including recommended findings of fact and conclusions of law, according to the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

(6) The formal hearing will be conducted as follows:

(a) The hearings officer will act as an impartial third party;

(b) It is not necessary for the person that requested the hearing to be represented by legal counsel;

(d) Testimony must be taken under oath;

(e) All evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their serious affairs is admissible;

(f) Hearsay evidence is admissible if it meets statutory standards for being reliable and trustworthy.

(7) The proposed opinion and order must be reviewed by the State Fire Marshal and, if accepted, finalized and issued as a final order.

NOTE: Final orders must be forwarded to the authority issuing the citation within ten days of signing of the final order.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 79-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1100 Penalty Adjustments

(1) The assessment or adjustment of penalties for amounts other than those set by OAR 837-12-1050 may be done only by the State Fire Marshal through a hearings process either formally or informally.

(2) The assessment of penalties not in conformance with OAR 837-12-1050 may be made only after considering:

(a) The gravity and magnitude of the violation;

(b) The person's previous record;

(3) During a formal hearing or informal conference, the Department of the State Fire Marshal may modify or adjust the citation, cited violations, or penalties assessed in order to meet the requirements of these rules and to ensure uniformity and consistency in their application statewide.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 78-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1110 Judicial Review

Judicial review of an agency order made after a hearing may be provided according to ORS 183.480 or 183.497.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1120 Payment of Civil Penalty

(1) The penalty must 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.

(2) Penalties not paid within ten days after the order becomes final may be recorded with the county clerk in any county in Oregon.

(3) Upon recording of the penalty, the county clerk must record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 77-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1130 Type I Violations

(1) Type I violations are subject to penalties ranging from $0 to $75 a day depending upon instance and in accordance with OAR 837-12-1050(3).

(2) Examples of Type I violations include but are not limited to:

(a) Failure to post "No Smoking" signs at the retail fireworks sales stand;

(b) Failure to provide required fire extinguishing equipment at the retail fireworks sales stand;

(d) Failure to keep a copy of the retail sales permit at the retail sales stand while the stand is open;

(e) Possession of illegal fireworks worth less than $50.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1140 Type II Violations

(1) Type II violations are subject to penalties ranging from $25 to $150 a day depending upon instance and in accordance with OAR 837-12-1050(3).

(2) Examples of Type II violations include but are not limited to:

(a) Failure to have person 18 years of age or over inside the retail sales stand during business hours;

(b) Omission of the required wholesale permit number, address and name of the wholesaler on any fireworks shipped within or into the State of Oregon;

(c) Omission of the name of the retail sales permit holder and retail sales permit number on fireworks cartons, containers, cases, and associated paperwork purchased by the permit holder and shipped within or into the State of Oregon;

(d) Possession of more than $50 but less than $100 worth of illegal fireworks;

(e) Discharge of less than $50 worth of illegal fireworks;

(f) Smoking or the ignition of fireworks within 100 feet of any fireworks stand.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1150 Type III Violations

(1) Type III violations are subject to penalties ranging from $75 to $250 a day depending upon instance and in accordance with OAR 837-12-1050(3).

(2) Examples of Type III violations include but are not limited to:

(a) Possession of $100 or more of illegal 1.4g fireworks;

(b) Sale of any amount of 1.4g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;

(d) The purchase of fireworks by an Oregon Retail permit holder from an unlicensed wholesaler;

(e) Purchase of any amount of 1.4g fireworks without the necessary permits issued by the Department of the State Fire Marshal or, where required, the local authority having jurisdiction;

(f) Manufacturing or altering any fireworks;

(g) Storage of any amount of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;

(h) Use of fireworks in a manner that presents a danger to life or property.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 76-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
Reverted to FM 3-1993, f. & cert. ef. 6-10-93
OSFM 8-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1160 Type IV Violations

(1) Type IV violations are subject to penalties ranging from $125 to $500 a day depending upon instance and in accordance with OAR 837-12-1050(3).

(2) Examples of Type IV violations include but are not limited to:

(a) Possession of $50 or more of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;

(b) Conducting a fireworks display without the necessary permits or pyrotechnician certification issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction

(c) Purchase of any amount of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;

(d) Conducting the sale of any amount of 1.3g fireworks without the necessary permits issued by the Department of the State Fire Marshal and, where required, the local authority having jurisdiction;

(e) Conducting a fireworks display using illegal or unauthorized fireworks;

(f) Intentional or indiscriminate use of fireworks which injure someone or cause more than $250 in property damage;

(g) Wholesale sales of fireworks without an Oregon wholesale permit;

(h) Storage of fireworks by a wholesaler in an unapproved location.

History

Statutory/Other Authority: ORS 183.090 & 480.110 - 480.165
Statutes/Other Implemented: ORS 480.110 - 480.165
OSFM 75-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2015, f. 12-22-15, cert. ef. 1-1-16
OSFM 3-2014, f. & cert. ef. 7-1-14
OSFM 1-2001, f. & cert. ef. 1-23-01
FM 3-1993, f. & cert. ef. 6-10-93

Or. Admin. R. 837-012-1200 Purpose and Scope—Explosives

(1) The purpose of these rules is to establish standards, policies, and procedures for the possession, storage, and use of explosives for the protection and safety of the public, first responders, and individuals purchasing, possessing, storing, using, and transporting explosives.

(2) The scope of these rules applies to the implementation of ORS 480.200 through 480.290.

History

Statutory/Other Authority: ORS 476.030 & 480.280
Statutes/Other Implemented: ORS 480.200 - 480.290
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1210 Definitions

For purposes of OAR 837-012-1200 through 837-012-1420 the following definitions apply:

(1) “Authorized Agent” as referenced in ORS 480.210 means an employee or representative of a manufacturer of explosives or dealer in explosives licensed by BATFE who possesses explosives for purposes of manufacturing or dealing. The term does not include an employee or representative who uses or possesses explosives for other purposes.

(2) “BATFE” means the Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3) “Certificate of Possession” has the meaning provided in ORS 480.200(1).

(4) “Certificate of Registration” has the meaning provided in ORS 480.200(2).

(5) “Day Box” means:

(a) A structure or container used for the temporary transport or temporary keeping of explosives for present use.

(b) Is always attended and in line of sight vision of a holder of a certificate of possession.

(6) “Dealer” as referenced in ORS 480.210 means any person engaged in the business of distributing explosives at wholesale or retail.

(7) “Detonator” means any device containing an initiating or primary explosive that is used for initiating detonation, and not containing more than 10g of total explosive material per unit, excluding ignition or delay charges. The term includes, but is not limited to, electric detonators of the instantaneous and delay types, detonators for use with safety fuses, detonating cord delay connectors, and non-electric detonators of the instantaneous and delay types that consist of a detonating cord, a shock tube, or any other replacement for electric leg wires according to NFPA 495, Explosive Materials Code, 2001 Edition.

(8) “Expire” as referenced in ORS 480.239 and 480.244 means a renewal certificate of possession or renewal of certificate of registration has not been issued by the Department of the State Fire Marshal on or before the expiration date of the current certificate.

(9) “Explosive” or “Explosives” has the meaning provided in ORS 480.200(3).

(10) “Facility” means a single building, structure, or container used or intended to be used for the storage of explosives. A day box is not a facility.

(11) “Fertilizer” means any substance, or any combination or mixture of substances, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical or chemical change in the soil and contains five percent or more of available nitrogen, phosphorus pentoxide (phosphoric acid) or potassium oxide (potash), singly, collectively or in combination, except hays, straws, peat and leaf mold, and unfortified animal manures according to ORS 633.310(5).

(12) “Formal Hearing” means a proceeding before a hearings officer conducted pursuant to the Administrative Procedures Act (APA), ORS chapter 183.

(13) “Individual” means a single human being.

(14) “Informal Conference” means a meeting between the party and the Department of the State Fire Marshal, prior to a formal hearing, that may include a discussion about whether a basis exists for informal disposition of a contested case by stipulation, agreed settlement, consent order or other means.

(15) “Lapse” as referenced in ORS 480.239 and 480.244, has the meaning provided in subsection (8) of this rule.

(16) “Magazine” has the meaning provided in ORS 480.200(5). (Refer to OAR 837-012-1210(10) for a definition of facility).

(17) “Manufacturer” as referenced in ORS 480.210 means any person engaged in the business of manufacturing explosives for purposes of sale or distribution or for the person’s own use.

(18) “May” means a regulation of conduct and implies probability or permission.

(19) “May Not” means a prohibition of conduct.

(20) “Must” means a mandatory requirement.

(21) “NFPA” means the National Fire Protection Association.

(22) “Owner” means a person with a vested ownership interest in the magazine. The term does not mean a renter, lessor, or sub-lessor of the magazine.

(23) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations.

(24) “Possession” means to own, to have physical possession of, or otherwise to exercise dominion or control over explosives.

(25) “Re-location” for purposes of ORS 480.244 and OAR 837-012-1360 means moving a magazine any distance.

(26) “Request for Hearing” means a written request for a formal hearing.

(27) “Small arms ammunition” has the meaning provided in ORS 480.200(6).

(28) “Small arms ammunition primers” has the meaning provided in ORS 480.200(7).

(29) “Store” means to deposit and place explosives in a magazine for safekeeping and future use.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 74-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1220 General

(1) A certificate of possession allows the holder of the certificate to engage in those activities including the purchase, possession, storage and transportation of explosives when those activities are otherwise in conformance with the requirements of these rules and any other applicable federal, state and local laws, rules and regulations.

(2) Holders of a certificate of possession must comply with the following:

(a) ORS 480.200 through 480.290.

(b) OAR 837-012-1200 through 837-012-1420.

(c) All applicable regulations in the Oregon Fire Code, 2004 Edition, and Oregon Structural Specialty Code, 2004 Edition.

(d) NFPA 495, Explosive Materials Code, 2001 Edition, as adopted in OAR 837-012-1340.

(e) All applicable federal, state and local laws, rules, and regulations governing explosives.

(3) Holders of a certificate of possession may purchase explosives only from those persons who have a BATFE license to sell explosives.

(4) Pursuant to ORS 480.210(1)(b), a BATFE dealer or manufacturer license authorizes the holder of such a license to possess explosives only when the possession is for purposes of a use or activity expressly authorized by the license, namely the business of manufacturing or dealing in explosives.

(5) Proof pursuant to ORS 480.210(3)(b) must be:

(a) A certified copy of a manufacturer or dealer license issued by the BATFE;

(b) A written certification signed by a person that holds the license referred to in subsection (a) that certifies under penalty of perjury that the person charged under ORS 480.210(1) is an employee or representative of the licensed person and is engaged in the business of manufacturing or dealing in explosives.

(6) Holders of a certificate of possession or a certificate of registration must notify the Department of the State Fire Marshal in writing of a change in their address within two weeks of the date of the change.

(7) Holders of a certificate of registration must notify the Department of the State Fire Marshal in writing of a change in ownership of a magazine within two weeks of the date of the change.

(8) Holders of an unexpired certificate of possession or certificate of registration may request a duplicate copy of their certificate by certifying in writing to the Department of the State Fire Marshal that their certificate has been lost, stolen or destroyed. Written requests must be signed and dated by the holder of the certificate.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 73-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1230 Fees

(1) Fees must be payable to the Department of the State Fire Marshal.

(2) Fees may be paid at, or mailed to, the Department of the State Fire Marshal and must accompany the appropriate application.

(3) Payment may be made by personal check, business check, cashier’s check or money order. If the fee is paid by a personal or business check, the application will be placed in a pending status until the check clears the bank.

(4) Fees are:

(a) $50 — Certificate of Possession

(b) $30 — Examination

(d) $187.50 — three-year magazine registration renewal with Department of the State Fire Marshal inspection

(e) $250 — four-year magazine registration with Department of the State Fire Marshal inspection

(f) $50 — Initial two-year magazine registration with acceptance of BATFE inspection

(g) $75 — three-year magazine registration renewal with acceptance of BATFE inspection

(h) $100 — four-year magazine registration renewal with acceptance of BATFE inspection

(5) Fees are non-refundable and non-transferable.

(6) Three- and four-year renewal fee authority is in accordance with ORS 183.705 and OAR 837-012-1330(2).

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 72-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 14-2005, f. 10-21-05, cert. ef. 10-22-05
OSFM 13-2005(Temp), f. & cert. ef. 8-16-05 thru 2-11-06
OSFM 4-2005, f. & cert. ef. 2-17-05
OSFM 5-2004, f. & cert. ef. 11-10-04
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1240 Applications

(1) Applications for the examination required under ORS 480.225(1)(j), a certificate of possession, and a certificate of registration must be on forms provided by the Department of the State Fire Marshal.

(2) Applicants must complete the applications in full and pay the applicable fees before the Department of the State Fire Marshal will process the applications.

(3) Pursuant to federal law, the Department of the State Fire Marshal requires disclosure of the applicant’s social security number on the applications. Any social security number disclosed on an application may be used for identification purposes only and remains confidential unless otherwise provided by law.

(4) Application for the examination required under ORS 480.225(1)(j):

(a) The application must be completed by the individual who will be taking the required examination.

(b) The application and fee must be received by the Department of the State Fire Marshal a minimum of fourteen days before the applicant intends to complete the examination to allow time for:

(A) The fee payment to clear the bank.

(B) The Department of the State Fire Marshal to notify the applicant of the acceptance of the application and fee payment.

(5) Application for a certificate of possession under ORS 480.210. Any individual who intends to possess explosives must:

(a) Complete the application.

(b) Submit a separate application and fee for each certificate of possession to be issued.

(c) Submit with their application a fingerprint card compatible with the processing requirements of the Oregon State Police Identification Services Division.

(6) Application for a certificate of registration of magazine under ORS 480.244. The owner of the magazine must:

(a) Complete the application.

(b) Submit a separate application for each magazine to be registered.

(A) The Department of the State Fire Marshal.

(B) The Bureau of Alcohol, Tobacco, Firearms and Explosives.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 71-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1250 Eligibility for a Certificate of Possession

To be eligible for a certificate of possession, applicants must meet the requirements under ORS 480.225 and 480.230.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1260 Certificate of Possession — Examination

(1) Upon receipt and processing of a completed application, the Department of the State Fire Marshal will notify the applicant of the date, time and place for the examination.

(2) Applicants must provide valid photo identification at the time they appear to take the examination. Only photo identification issued by the Department of Motor Vehicles in the applicant’s state of residency is accepted by the Department of the State Fire Marshal.

(3) The examination is based upon, and examines the applicant’s knowledge of:

(a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340

(b) ORS 480.200 through 480.290.

(4) The examination is open book.

(a) Applicants are responsible for providing their own copy of NFPA 495, Explosive Materials Code, 2001 Edition, to use during the examination.

(b) The Department of the State Fire Marshal provides a copy of ORS 480.200 through 480.290 for use during the examination.

(5) To pass the examination, the applicant must answer correctly 80% or more of the examination questions.

(6) The Department of the State Fire Marshal notifies applicants of the results of their examination using the address listed on the applicant’s examination application.

(7) If an applicant fails to:

(a) arrive at the scheduled examination appointment,

(b) complete the examination, or

(c) pass the examination, the applicant must submit a new application and fee pursuant to OAR 837-012-1230 and 837-012-1240 to the Department of the State Fire Marshal.

(8) Passing examination scores are valid for two years from the date of the examination. If the examinee does not apply for and receive a certificate of possession within two years from the date of passing the examination, the examination score will be considered invalid and the applicant must re-take and pass the examination.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 70-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1270 Certificate of Possession — Issuance

(1) Upon receipt of a properly completed application, application fee, and fingerprint card, the Department of the State Fire Marshal will conduct an investigation to ensure the applicant meets the requirements of ORS 480.225 and 480.230.

(2) The investigation includes, but is not limited to:

(a) Electronic processing of fingerprint cards through the Law Enforcement Data System.

(b) Accessing records at Mental Health and Developmental Disability Services Division pursuant to ORS 480.225(1)(d).

(3) Upon its approval of an application, the Department of the State Fire Marshal issues a certificate of possession to the applicant.

(4) The Department of the State Fire Marshal assigns a unique number to each certificate of possession issued.

(5) The issuance of a certificate of possession does not in any way constitute an approval by the Department of the State Fire Marshal of any explosives possessed under the certificate.

(6) The Department of the State Fire Marshal mails the original certificate of possession to the applicant at the address listed on the application.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 69-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1280 Certificate of Possession - Renewal

(1) A certificate of possession must be renewed every three years.

(2) The holder of the certificate of possession is not required to retake the examination required under ORS 480.225(1)(j) unless the current certificate expires or lapses.

(3) All other requirements for the issuance of a renewal of certificate of possession are the same as the issuance of the original certificate.

(4) Applications for the renewal of a certificate of possession may not be submitted to the Department of the State Fire Marshal more than 90 days prior to the expiration date of the current certificate.

(5) Applications for the renewal of a certificate of possession should be received by the Department of the State Fire Marshal at least 60 days prior to the expiration date of the current certificate. This allows the Department of the State Fire Marshal adequate time to process the application prior to the expiration date of the current certificate.

(6) Applications not received by the Department of the State Fire Marshal at least 60 days prior to the expiration date of the current may not certificate of possession could result in the expiration or lapse, of the current certificate.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 68-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1290 Explosives Storage

(1) Explosives may be stored only in a magazine that has been issued a certificate of registration by the Department of the State Fire Marshal.

(2) The storage of explosives must be in compliance with all applicable requirements of:

(a) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340.

(b) Oregon Fire Code, 2004 Edition.

(d) All applicable federal, state and local laws, rules and regulations pertaining to explosives.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 67-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1300 Magazine Registration and Inspection

(1) Magazines not issued a certificate of registration may not be used for the storage of explosives.

(2) To be eligible for a certificate of registration, a magazine must comply with all requirements of:

(a) ORS 480.200 through 480.290.

(b) OAR 837-012-1200 through 837-012-1240.

(d) Oregon Structural Specialty Code, 2004 Edition.

(e) NFPA 495, Explosive Materials Code, 2001 Edition as adopted in OAR 837-012-1340

(f) All applicable federal, state and local laws, rules and regulations pertaining to explosives.

(3) Prior to the issuance of a certificate of registration, the magazine must be inspected for compliance with these rules.

(4) The inspection may be completed by:

(a) The Department of the State Fire Marshal

(b) The BATFE pursuant to OAR 837-012-1320.

(5) A certificate of registration allows the holder of the certificate to store explosives in the registered magazine when otherwise in conformance with the requirements of these rules.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 66-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1310 State Fire Marshal Inspection of Magazines

(1) The State Fire Marshal may complete an inspection of a magazine prior to the issuance of a certificate of registration pursuant to OAR 837-012-1300(3) and (4).

(2) Upon receipt of information that a magazine is not in compliance with the requirements of these rules, the Department of the State Fire Marshal may conduct an inspection of the magazine.

(3) If, upon its inspection, the Department of the State Fire Marshal determines the magazine is not in compliance, the Department of the State Fire Marshal may issue a notice of correction to the owner of the magazine.

(4) All notices of correction are on forms provided by the Department of the State Fire Marshal.

(5) Notices of correction specify the deficiencies required to be corrected prior to the magazine being issued a certificate of registration.

(6) Notices of correction specify the date by which the deficiencies are to be corrected.

(7) A copy of each notice of correction is provided by the OSFM to the owner of the magazine by:

(a) Personal service;

(b) Service by certified mail

(8) After presenting a copy of the notice of correction to the owner of the magazine, the Department of the State Fire Marshal retains all remaining copies of the notice until the re-inspection of the magazine is completed.

(9) At the end of the time allowed for correction of the deficiencies, as required by the notice of correction, the Department of the State Fire Marshal may:

(a) Re-inspect the magazine to determine if the deficiencies specified in the notice of correction have been corrected.

(b) Complete the re-inspection section of the notice of correction.

(10) Upon re-inspection of the magazine, the Department of the State Fire Marshal provides a copy of the completed notice of correction to the owner of the magazine pursuant to subsection (7) of this rule.

(11) Failure to correct the deficiencies noted in the notice of correction will result in the following, until such time as the deficiencies are corrected:

(a) The magazine will not be issued a certificate of registration.

(b) The magazine will not be issued a renewal certificate of registration.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 65-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1320 Certificate of Registration of Magazine — With Bureau of Alcohol, Tobacco, Firearms and Explosives Inspection

(1) The Department of the State Fire Marshal may accept an inspection completed by BATFE in lieu of the Department of the State Fire Marshal inspection.

(2) The decision to accept or not accept the BATFE inspection rests solely with the Department of the State Fire Marshal.

(3) The Department of the State Fire Marshal may consider, but is not limited to, the following criteria in deciding whether to accept a BATFE inspection:

(a) The inspection was completed not more than 180 days prior to the date of the application for a certificate of registration;

(b) A United States Post Office postmark date is used to determine the date of application.

(4) If deficiencies are noted on the BATFE inspection, the Department of the State Fire Marshal may decide to conduct its own inspection. Should the Department of the State Fire Marshal decide to complete its own inspection, the applicant must submit additional payment of the following applicable fee prior to the Department of the State Fire Marshal conducting its inspection:

(a) $75 for an initial two-year registration.

(b) $137.50 for a three-year renewal.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 64-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 7-2006, f. & cert. ef. 5-5-06
OSFM 15-2005(Temp), f. & cert. ef. 11-9-05 thru 5-7-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 5-2004, f. & cert. ef. 11-10-04
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1330 Certificate of Registration of Magazine — Renewal

(1) All requirements for the issuance of a certificate of registration must be met before a certificate is renewed.

(2) Pursuant to ORS 183.705, certificates of registration may be renewed every two years, or up to four years, as determined by the Department of the State Fire Marshal, in order to bring the Department of the State Fire Marshal magazine registration renewal dates in alignment with the BATFE renewal dates.

(3) Applications for the renewal of a certificate of registration may not be submitted to the Department of the State Fire Marshal more than 120 days prior to the expiration date of the current certificate.

(4) Applications for the renewal of a certificate of registration should be received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of the current certificate. This allows the Department of the State Fire Marshal adequate time to process the application, including inspection by the State Fire Marshal of the magazine, prior to the expiration date of the current certificate.

(5) Applications not received by the Department of the State Fire Marshal at least 90 days prior to the expiration date of the current certificate of registration may result in the expiration or lapse, of the current certificate.

(6) If a current certificate of registration expires or lapses, explosives may not be stored in the magazine until the magazine is issued a renewal certificate of registration.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 63-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1340 Fire and Life Safety Standards

NFPA 495, Explosive Materials Code, 2001 Edition, is hereby adopted with the following exceptions:

(1) Chapter four is not adopted.

(2) Although NFPA 495, Explosive Materials Code, 2001 Edition, requires magazines to be opened and inspected at intervals of three days, the Department of the State Fire Marshal requires magazines to be opened and inspected at intervals of seven days. (See NFPA 495, Explosive Materials Code, 2001 Edition, 8-7.2).

(3) NFPA standards regarding the transportation of explosives are hereby adopted for purposes of the examination required under ORS 480.225(1)(j).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 62-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 1-2004, f. & cert. ef. 1-14-04
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1350 Removal/Confiscation of Explosives

(1) Explosives may not be stored in a magazine, or possessed by an individual if:

(a) An application for a certification of registration, or certificate of possession, is denied.

(b) A certificate of registration, or certificate of possession, is suspended or revoked pursuant to ORS 480.244(9) or 480.270 or these rules.

(2) The Department of the State Fire Marshal may confiscate explosives possessed or stored in violation of ORS 480.200 to 480.290 or these rules.

(3) Any confiscation of explosives by the Department of the State Fire Marshal are carried out pursuant to a warrant.

(4) Upon finding a violation, the Department of the State Fire Marshal may order that any explosives be:

(a) Transferred to a magazine that has been issued a certificate of registration by the Department of the State Fire Marshal

(b) Returned to the supplier of the explosives

(c) Disposed of in any manner the Department of the State Fire Marshal sees fit, including destruction of the explosives.

History

Statutory/Other Authority: ORS 476.030 & 480.280
Statutes/Other Implemented: ORS 480.239
OSFM 61-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1360 Magazine Re-location — Reporting

(1) Re-location of any magazine required to be registered under ORS 480.244 must be reported to the Department of the State Fire Marshal within 24 hours of its relocation.

(2) The owner or the individual with either:

(a) Physical possession; or

(b) Control of the magazine is the individual responsible for reporting the relocation of the magazine.

(3) The toll free reporting number for reporting relocation of magazines is 1-877-459-9366.

(4) A report of relocation of the magazine must include the following information:

(a) Certificate of registration number issued to the magazine.

(b) New location of the magazine including the street address, city, and state.

(d) The name of the fire department having jurisdiction, if known.

(3) There is no fee for reporting the relocation of a magazine.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 60-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1370 Record Keeping Requirements for Explosives

(1) Holders of a certificate of possession must maintain a record of the type and quantity of all explosives possessed.

(2) The Department of the State Fire Marshal may inspect the records required to be maintained under ORS 480.235(5) and subsection (1) of this rule:

(a) At the time of the magazine inspection by the Department of the State Fire Marshal; or

(b) Upon demand by the Department of the State Fire Marshal.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 59-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1380 Hazardous Materials Reporting

Persons possessing 10 pounds or more of explosives, as classified by the United States Department of Transportation, must annually complete the Hazardous Substance Survey pursuant to ORS 453.307 to 453.372 and OAR chapter 837, division 85.

History

Statutory/Other Authority: ORS 453, 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00
OSFM 5-2000(Temp), f. & cert. ef. 4-12-00 thru 10-9-00

Or. Admin. R. 837-012-1390 Denial, Suspension or Revocation

(1) The Department of the State Fire Marshal may deny, suspend or revoke a certificate of possession if:

(a) An individual who has applied for, or has been issued, a certificate of possession is ineligible for the certificate under ORS 480.225 or 480.230; or

(b) The individual who has been issued a certificate of possession has been convicted of a violation under ORS 480.990(6).

(2) If an individual to whom a certificate of possession was issued is found to be ineligible for the certificate under ORS 480.225 or 480.230, the Department of the State Fire Marshal may revoke the certificate.

(a) An individual is ineligible for a certificate of possession if, before or after being issued a certificate, the individual fails to comply with ORS 480.225 or 480.230.

(b) An individual is ineligible for a certificate of possession under ORS 480.225(1)(l) if the individual fails to possess, use, store or transport explosives in accordance with these rules and all other applicable federal, state or local laws, rules or regulations.

(3) If an individual to whom a certificate of possession was issued has been convicted of a violation under ORS 480.990(6), the Department of the State Fire Marshal may consider the following guidelines:

(a) If the individual has been convicted of one violation, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to one year.

(b) If the individual has been convicted of two violations, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to two years.

(c) If the individual has been convicted of three or more violations, the Department of the State Fire Marshal may deny, suspend or revoke the certificate of possession for up to three years.

(4) The Department of the State Fire Marshal may deny, suspend or revoke a certificate of registration if:

(a) The magazine registered, or to be registered, is ineligible for registration under ORS 480.200 to 480.290 or these rules; or

(b) For failure to comply with any provision of ORS 480.200 to 480.290 or these rules.

(5) If a magazine that has been issued a certificate of registration is found to be ineligible, the Department of the State Fire Marshal may revoke the certificate.

(6) A magazine is ineligible for a certificate of registration if, before or after the magazine is registered, the magazine does not comply with ORS 480.244 or these rules.

(7) Suspension or revocation of a certificate of possession or a certificate of registration may include suspension or revocation of the current certificate and the right to apply for a renewal certificate.

(8) The period for denial, suspension or revocation of a certificate of possession or certificate of registration may not exceed three years, unless otherwise provided by law. In determining the appropriate sanction, the Department of the State Fire Marshal may consider the following criteria:

(a) The severity of the violation or violations and the impact on public safety.

(b) The number of similar or related violations.

(d) The prior history of sanctions imposed by the Department of the State Fire Marshal against the individual or person.

(e) Other circumstances determined by the Department of the State Fire Marshal to be applicable to the particular violation.

(9) Any notice of denial, suspension or revocation issued by the Department of the State Fire Marshal is mailed by certified mail to the most recent address on file with the Department of the State Fire Marshal pursuant to OAR 837-012-1220(6).

History

Statutory/Other Authority: ORS 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 58-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1400 Contested Cases

(1) A person may request a formal hearing regarding the suspension, revocation, or denial of a certificate of registration or a certificate of possession by the Department of the State Fire Marshal.

(2) A request for hearing must be timely filed.

(3) A request for hearing is timely filed when the request is postmarked or received by the Department of the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435.

(4) If a request for hearing is not timely filed under section (3) of this rule, the person waives the right to a contested case under ORS chapter 183.

(5) A person may write to or call the Department of the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication may not extend the deadline established in subsection (3) of this rule.

(6) A contested case may include:

(a) An informal conference, or

(b) A formal hearing.

(7) Contested cases are conducted pursuant to the provisions of ORS chapter 183 and the rules adopted thereto.

History

Statutory/Other Authority: ORS 183, 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 57-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1410 Informal Conference

(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:

(a) Be made or addressed to the Department of the State Fire Marshal; and

(b) Clearly state the issue or issues to be discussed.

(3) If the Department of the State Fire Marshal and the party agrees, an informal conference may be held by telephone.

(4) After an informal conference, the Department of the State Fire Marshal may amend, withdraw, or reduce the suspension, revocation or denial in accordance with ORS chapter 183 and the rules adopted thereto.

History

Statutory/Other Authority: ORS 183, 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 56-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 12-2000, f. & cert. ef. 10-6-00

Or. Admin. R. 837-012-1420 Formal Hearing

(1) A person may file a written request for hearing before or after an informal conference, at any time before the deadline established in OAR 837-012-1400(3).

(2) The Department of the State Fire Marshal has the responsibility to arrange for a hearings officer to conduct the formal hearing.

(3) The Department of the State Fire Marshal has the responsibility to set the date, time, and location for the formal hearing.

History

Statutory/Other Authority: ORS 183, 476, 478 & 480
Statutes/Other Implemented: ORS 480.200 - 480.290 & 480.990(6)
OSFM 55-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 14-2006, f. & cert. ef. 12-1-06
OSFM 10-2006(Temp), f. & cert. ef. 6-15-06 thru 12-12-06
OSFM 10-2005, f. 5-24-05, cert. ef. 6-7-05
OSFM 12-2000, f. & cert. ef. 10-6-00

Division 20 FLAMMABLE AND COMBUSTIBLE LIQUIDS

Or. Admin. R. 837-020-0025 Purpose and Scope— Flammable Liquid Dispensing Regulations

These rules establish licensing requirements for Nonretail Facility owners and operators. These rules also establish the requirements that each Nonretail Customer must meet to dispense Class 1 Flammable Liquids at those facilities. These rules establish where and when self-serve of Class 1 Flammable Liquids may occur in Oregon, the requirements retail operators must meet who offer self-serve of Class 1 Flammable Liquids, and actions taken by the State Fire Marshal in regard to audits; inspections; enforcement; and penalties.

History

Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.310 - 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0035 Definitions

For purposes of ORS 480.310 to 480.385 and OAR 837-020-0025 through 837-020-0130 only, the following definitions apply:

(1) "Class 1 Flammable Liquid" means any liquid with a flash point below 25 degrees Fahrenheit, closed cup tester. Note: Diesel fuel is not a Class 1 flammable liquid.

(2) "Container" means all types of portable containers.

(3) "Dispensing" means the transfer of a Class 1 flammable liquid from a facility to a motor vehicle or container.

(4) "Dispensing Device" for the purpose of determining the number of devices that may be designated for self-serve dispensing, means each individual hose and nozzle or other similar equipment used to dispense Class 1 Flammable Liquids. It does not mean the dispensing cabinet.

(5) "Dual Operations" means a nonretail facility where Class 1 flammable liquids are dispensed at retail and nonretail with either a time separation of the retail and nonretail operations or a separation of the retail and nonretail pump islands by a distance of at least 50 feet.

(6) “Employee” means an individual who works for an operator or an owner.

(7) “Facility” means a site where Class 1 Flammable Liquids are dispensed. A facility can be either retail, non-retail or a combination of both.

(8) “General Public” means someone other than a nonretail customer.

(9) “Individual” means a single human being.

(10) “License” means the official document issued by the State Fire Marshal that authorizes the operation of a nonretail facility when otherwise in compliance with all applicable requirements of OAR 837-020-0040.

(11) “License Application” means the form and accompanying documentation required to be completed and submitted to the State Fire Marshal for approval prior to the issuance of a nonretail facility license.

(12) "License Cycle" means a three-year period established by OSFM during which non-retail facilities are licensed and records audits are conducted. The license cycle constitutes a defined, static interval and does not operate as a rolling timeframe.

(13) “May” means a regulation of conduct and implies probability or permission.

(14) “May not” means a prohibition of conduct.

(15) "Motor Vehicle" means a vehicle that is self-propelled or designed for self-propulsion, as defined by Oregon Vehicle Code 801.360.

(16) “Must” means a mandatory requirement.

(17) “National Fire Protection Association (NFPA)” means NFPA Standards.

(18) “NFPA 10” means the 2013 edition of the National Fire Protection Association (NFPA) 10 Standards Portable Fire Extinguishers Code.

(19) “NFPA 30” means the 2012 edition of the National Fire Protection Association (NFPA) 30 Standards Flammable and Combustible Liquids Code.

(20) “NFPA 30A” means the 2015 edition of the “National Fire Protection Association (NFPA) 30A Standards Flammable and Combustible Liquids Code.

(21) "Nonretail Customer" means a person who meets the customer requirements of ORS 480.345

(22) "Nonretail Facility" means an unattended or dual operations facility licensed by the State Fire Marshal, where Class 1 flammable liquids are dispensed through a fuel dispensing device to qualified nonretail customers.

(23) "Non-Rural Oregon" means those counties not defined as Rural Oregon.

(24) “Operator” means a person that is responsible for, including but not limited to, the safety, maintenance, and functionality of a nonretail facility.

(25) "Oregon Fire Code (OFC) or OFC" means the 2022 edition of the Oregon Fire Code, adopted by the State Fire Marshal.

(26) "Oregon Structural Speciality Code (OSSC) or OSSC" means the 2022 edition of the Oregon Structural Speciality Code.

(27) "Owner" means any person that is the owner of a Nonretail Facility. An owner may also be an operator.

(28) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations.

(29) "Retail Customer” means a person who is not subject to the requirements a Nonretail Customer must meet to dispense Class 1 Flammable Liquids at a Nonretail dispensing facility.

(30) "Retail Facility" means a facility that sells Class 1 flammable liquids to the general public in compliance with ORS 480.310 and ORS 480.341. It does not mean a Nonretail Facility where retail sales may occur.

(31) “Retail Sales” means the dispensing of Class 1 flammable liquids to the general public. Retail sales may occur at a Retail Facility or a Nonretail Facility.

(32) “Rural Oregon” means Baker, Clatsop, Crook, Curry, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco, and Wheeler Counties.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.310 - 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 4-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 54-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2008, f. 4-3-08, cert. ef. 5-1-08
OSFM 4-2007(Temp), f. & cert. ef. 11-30-07 thru 5-27-08
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 2-1995, f. 10-11-95, cert. ef. 10-16-95
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0040 General

(1) Nonretail Facility operators desiring to engage in Nonretail Facility operations must comply with all applicable state, federal and local laws, rules and regulations including, but not limited to:

(a) ORS 480.310 through 480.385;

(b) OAR 837-020-0025 through 837-020-0130;

(d) OAR chapter 837, division 85, Hazardous Substance Inventory reporting under the Oregon Community Right to Know and Protection Act; and

(e) NFPA 30 and 30A.

(2) In addition to other applicable provisions of law, each Nonretail Facility must meet the following requirements as per OAR 837-020-0040:

(a) Instructions for the operation of nonretail dispensers must be clearly and conspicuously posted;

(b) Locations of all fire extinguishers must be clearly and conspicuously posted;

(d) All fire extinguishers must be readily accessible and immediately available for use to all persons at all times.

(e) Have adequate lighting so the fuel dispensing area is sufficiently illuminated at all times when it is available for use;

(f) All applicable provisions of the OFC must be met.

(3) All Nonretail Facilities must have the following signs posted. These signs must be conspicuously posted within sight from each Class 1 Flammable Liquid dispenser and readable from a distance of at least ten feet and state:

(a) The Nonretail Facility address;

(b) The telephone number of the owner or operator of the facility;

(d) It is a violation of law, subject to penalty, to dispense Class 1 Flammable Liquids without first receiving the training materials required by OAR 837-020-0055; and

(e) Persons dispensing fuel must remain outside the vehicle being fueled, with the fueling nozzle in full view at all times.

(4) In addition to the provisions required by OAR 837-020-0040, Retail and Nonretail Dual Operation Facilities, where the retail and nonretail dispenser islands are separated by distance and dispensing operations occur during the same hours, must:

(a) Have signs visible from each driveway access point identifying the retail and nonretail dispenser islands. These signs must be readily visible and readable, be at least three feet by four feet in size, and have a minimum height of six inch letters on a contrasting background;

(b) Have nonretail dispenser islands separated from retail dispenser islands by a space of at least 50 feet. Nonretail and retail dispenser islands may be separated by a distance of no less than 20 feet, provided prior approval is given by the State Fire Marshal, and that one of the following barriers is present:

(A) An approved solid physical barrier or a solid wall at least four feet high, constructed of fire resistive materials, and which runs the entire length of the pump island; or

(B) A fire resistive building, meeting the requirements of the OSSC.

(c) Unless pump islands are separated by at least 50 feet or 20 feet with an approved barrier, retail and nonretail dispensing may not occur during the same hours at a facility.

(5) Nonretail Facilities in Rural Oregon counties that are not a Dual Operations Facility but allow retail dispensing from the nonretail dispensers, are not subject the requirements of OAR 837-020-0040 (4)(a) through (c).

(6) Where retail and nonretail dispensing is separated only by time, signs must be visible from each driveway access point and each Class 1 Flammable Liquid dispensing pump stating the days and hours when the separate retail and nonretail operations occur. These signs must be readily visible and readable, be at least three feet by four feet in size, and have a minimum height of six inch letters on a contrasting background.

(7) At least 45 days prior to the start of intended operations, the facility owner or operator of each new Nonretail Facility covered by OAR 837-020-0040 must file the appropriate license application forms and certifications with the State Fire Marshal.

(8) Owners and operators of Nonretail Facilities must notify the State Fire Marshal in writing;

(a) Within fifteen days of a Nonretail Facility closing or the transaction of a facility being sold having been completed. If the facility is being closed or converted to a retail only facility, the owner or operator must relinquish the nonretail license for that facility issued by the State Fire Marshal at the same time as submitting their written notification;

(b) Within thirty days of the owner or operator business closing or the transaction of the business being sold or merging with another company having been completed.

(9) No later than 90 days prior to commencing retail sales at a Nonretail Facility under ORS 480.341 (4) the owner or operator of that facility shall notify the State Fire Marshal in writing they plan to dispense Class 1 Flammable Liquids at retail.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.310 - 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 4-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 9-2012, f. & cert. ef. 10-2-12
OSFM 7-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 10-2002, f. & cert. ef. 12-6-02
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 2-1995, f. 10-11-95, cert. ef. 10-16-95
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-020-0045 Dispensing of Class 1 Flammable Liquids by the General Public

(1) Owners or operators of facilities located in Non-Rural Oregon counties where Class 1 Flammable Liquids are dispensed at retail may not designate more than one half of the operable Class 1 Flammable Liquid Dispensing Devices for self-service than are designated for attended service by an owner, operator, or employee of the facility.

(2) A Retail Facility in Non-Rural Oregon counties offering Dispensing Devices for self-serve of Class 1 Flammable Liquids must:

(a) Post one or more notification signs that are visible from each dispenser or island access point and are clearly readable by the operator of a motor vehicle stating which fueling Dispensing Devices are designated for self-service and which fuel Dispensing Devices are designated for attended service by an owner, operator, or employee of the facility.

(b) Designate at least one person from the facility who is readily available to provide attended service at designated attended service dispensing devices upon request.

(3) Except as provided in ORS 480.341 and subsection (7) of this section, a filling station, service station, garage or other dispensary may allow self-service dispensing of Class 1 Flammable Liquids at retail only during hours that the dispensary makes an owner, operator, or employee of the dispensary available for the dispensing of Class 1 Flammable Liquids.

(4) The price charged for grades of Class 1 Flammable Liquids must be identical at a self-service fuel Dispensing Device and at any fuel Dispensing Device reserved for use by an owner, operator, or employee of a dispensary.

(5) Owners or operators of facilities located in Rural Oregon where Class 1 Flammable Liquids are dispensed at retail may allow an individual other than the owner, operator, or their employees to manipulate a pump, hose, pipe, or other device used to dispense Class 1 Flammable Liquids into a fuel tank of a motor vehicle or approved container, regardless of whether an owner, operator, or employee of the dispensary is present at the dispensary.

(6) Dispensing that occurs under the provisions of section (5) of this rule at a site that includes retail space providing goods or services other than goods or services for maintaining, repairing, or cleaning a motor vehicle shall make an owner, operator or employee available to dispense Class 1 Flammable Liquids during the time after 6:00 a.m. and before 6:00 p.m.

(7) Individuals other than owners, operators, and employees of a Nonretail Facility may be authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities if such individuals meet the requirements of ORS 480.310 through 480.385 and OAR 837-020-0025 through 837-020-0130.

(8) The customers referenced in section (7) of this rule are Nonretail Customer and authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities in counties where the self-serve of such liquids is regulated.

(9) Owners, operators, and employees of Nonretail Facilities located in Rural Oregon may allow the dispensing of Class 1 Flammable Liquids by the general public as a Retail Customer. These individuals are exempt from the requirements nonretail customers are subject to and are not authorized to dispense such liquids in counties where the self-serve of such liquids is regulated.

(10) A motorcyclist operating their motorcycle, as defined in ORS 801.365, may dispense Class 1 Flammable Liquids into their motorcycle, regardless of whether an owner, operator, or employee of the dispensary offers use of self-service fuel Dispensing Devices for use by customers.

(11) Aviation fuel may be dispensed by a member of the general public for the purpose of fueling an aircraft at airports permitted by the Oregon Department of Aviation.

History

Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.332 & 480.345
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 1-2025, minor correction filed 07/15/2025, effective 07/15/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 4-2020, temporary suspends temporary OSFM 3-2020, filed 05/22/2020, effective 05/24/2020 through 05/31/2020
OSFM 3-2020, temporary amend filed 05/01/2020, effective 05/01/2020 through 05/31/2020
OSFM 2-2020, temporary amend filed 03/28/2020, effective 03/28/2020 through 04/30/2020
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0050 Conditions for Operation of Dispensing Device by Nonretail Customers

Notwithstanding ORS 480.310 and 480.340 or OAR 837-020-0045, persons, other than owners, may be authorized to dispense Class 1 Flammable Liquids at Nonretail Facilities where such dispensing by the general public is prohibited, only after the nonretail customer satisfies all requirements of 837-020-0045 through 837-020-0070.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.345
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 10-2002, f. & cert. ef. 12-6-02
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0055 Fire Safety Training

(1) Owners or operators of nonretail facilities must provide initial fire safety training materials to each nonretail customer authorized to dispense Class 1 flammable liquids. The training may be delivered through any suitable method that contains all provisions of 837-020-0055(2).

(a) The training materials must be provided prior to allowing nonretail customers to dispenseClass 1 flammable liquids .

(b) A signed document showing the nonretail customer received the required safety training materials must be maintained by each operatoras part of each customer file.

(2) The fire safety training materials described in section (1) must include:

(a) The hazards of all forms of Class 1 flammable liquids to be dispensed by the nonretail customers;

(b) The location and operation of emergency fuel shut off devices required under the OFC;

(d) Procedures for contacting the local fire department and other emergency service organizations;

(e) The use of the fire extinguishers required under the OFC;

(f) The type of portable containers that may be filled and the safe procedures for filling them; and

(g) Instructions on reporting safety issues at a facility to the operator and emergency services.

(3) All nonretail customers who wish to dispense Class 1 flammable liquids at nonretail facilities must receive the fire safety training materials described in sections (1) and (2) of this rule and disseminate them to all users under the customer prior to engaging in dispensing operations.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.345
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0065 Certification and Record Keeping

(1) Owners or operators of nonretail facilities must maintain electronic or hard copy documentation that is readily accessible to demonstrate all nonretail customers meet the requirements of OAR 837-020-0050.

(2) This documentation must be readily available for inspection by the State Fire Marshal or their designee when requested.

(3) This documentation must be maintained the entire time the nonretail customer remains a nonretail customer with the operator that has entered into a written agreement with the customer.

(4) Owners and operators of nonretail facilities must sign and return the Notice of Order and Correction to provide documentation to the State Fire Marshal that certifies all violations of OAR 837-020-0025 through 837-020-0130 have been abated.

History

Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.345 - 480.375
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 4-2019, amend filed 05/02/2019, effective 05/20/2019
OSFM 2-2019, temporary amend filed 03/14/2019, effective 03/14/2019 through 09/09/2019
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0070 Written Agreements

The owner or operator must enter into a written agreement with nonretail customers permitted under OAR 837-020-0050 to dispense Class 1 flammable liquids at the nonretail facility. The agreement must at a minimum:

(1) Certify that the nonretail customer has received safety training materials from the facility operator in compliance with rules of the State Fire Marshal; and

(2) Require the nonretail customer to submit a sworn statement, as defined in ORS 162.055, that the information supplied in the agreement is true and correct.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.345
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0075 Complaint and Enforcement Procedures

(1) Alleged violations at retail facilities and nonretail facilities are subject to investigation by the State Fire Marshal.

(2) Upon request of the State Fire Marshal, the owner or operator must be able to demonstrate that all nonretail customers dispensing Class 1 flammable liquids at their nonretail facilities meet the requirements of OAR 837-020-0050.

(3) Owners or operators of retail facilities and nonretail facilities who fail to meet the applicable requirements of OAR 837-020-0040 may be subject to the enforcement and closure provisions of ORS 479.170 in addition to the provisions in OAR 837-020-0130.

History

Statutory/Other Authority: ORS 476 & 480.380
Statutes/Other Implemented: ORS 480.365 - 480.375 & 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2019, minor correction filed 03/14/2019, effective 03/14/2019
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
Reverted to FM 5-1990, f. 7-13-90, cert. ef. 10-15-90
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92
FM 5-1990, f. 7-13-90, cert. ef. 10-15-90

Or. Admin. R. 837-020-0077 Fire Safety Inspections and Records Audits

(1) The State Fire Marshal will conduct an annual safety inspection of all nonretail facilities licensed by the State Fire Marshal dispensing Class 1 flammable liquids to determine if the facility is operating in compliance with the provisions of ORS 480.310 to 480.385 or of any applicable rule adopted by the State Fire Marshal.

(2) The State Fire Marshal, under ORS 480.375 (4), may conduct safety inspections more frequently for, but not limited to, the following reasons:

(a) It is believed the facility may be out of compliance with the requirements;

(b) To verify a violation that was ordered on a Notice and Order of Correction has been abated;

(d) If it is necessary to protect public safety.

(3) The State Fire Marshal is not required to provide advance notification of the annual safety inspection or any other safety inspection.

(4) Advance notice may be provided in certain circumstances as determined by the State Fire Marshal.

(5) The inspection will verify the facility is in compliance with all applicable statues, rules, and requirements.

(6) It is the owner or operator’s responsibility to verify the nonretail facility is in compliance with all requirements at all times.

(7) If at the time of the inspection it is found the nonretail facility is not in compliance with any of the requirements, the State Fire Marshal will issue a Notice and Order of Correction to the owner or operator of the facility.

(8) The Notice and Order of Correction will, at a minimum, contain the following information:

(a) The company name of the facility;

(b) The address of the facility;

(d) The date the violations must be abated by.

(9) The violations ordered to be abated must be abated by the date established on the Notice and Order of Correction.

(10) If the violation is not abated by the required date, the State Fire Marshal will impose a civil penalty in accordance with 837-020-0130.

(11) The owner or operator may request additional time to make the corrections. Such a request must be made in writing. A request submitted by email will be considered as a written request.

(a) The request must be made prior to the current date abatement is required.

(b) At the discretion of the State Fire Marshal an extension may be given for just cause which will establish a new date abatement must be accomplished by. Additional extensions may be granted if, in the opinion of the State Fire Marshal the circumstances warrant it.

(12) If at the time of the inspection it is found the nonretail facility is not in compliance with any of the requirements, the State Fire Marshal will impose civil penalties in accordance with 837-020-0130.

(13) The State Fire Marshal will conduct triennial audits of at least five percent of all nonretail accounts to determine if owners and operators of nonretail facilities are in compliance with the provisions of ORS 480.310 to 480.385 and any applicable rule adopted by the State Fire Marshal. The State Fire Marshal may audit more than five percent and up to one hundred percent of all nonretail accounts for, but not limited to, the following reasons:

(a) During a triennial audit or any other audit it is found that 40 percent or more of the customer files inspected do not have all the required documentation;

(b) To verify a violation noted on a Notice and Order of Correction has been abated;

(d) If the State Fire Marshal receives a complaint or has compelling information the owner or operator is not complying with the requirements.

(14) Though the State Fire Marshal may provide as much as four weeks or more advance notice of the triennial audit or any subsequent audit, the owner or operator will be given no less than two weeks advance notice of such audits.

(15) If, in the opinion of the State Fire Marshal there is compelling information that an owner or operator of a nonretail facility is intentionally not complying with any provision of ORS 480.310 through 480.385 or OAR 837-020-0025 through 837-020-0115, the State Fire Marshal may conduct an audit of the nonretail customer files at any time and with less than two weeks’ notice. The State Fire Marshal must be able to show that such an audit is justified, and will coordinate with the owner or operator to mitigate the impact to them and so they may be reasonably prepared.

(16) At the time of the audit, and upon request, the owner or operator must have the following information available to the State Fire Marshal:

(a) A list of all active accounts that are entered into a written agreement to dispense Class 1 flammable liquids.

(b) A list of the accounts that were closed or are no longer entered into a written agreement to dispense Class 1 flammable liquids since the last audit. This list must include the date the account was closed or no longer entered into a written agreement to dispense Class 1 flammable liquids.

(c) A list of new accounts since the last audit that have entered into a written agreement to dispense Class 1 flammable liquids. This list must also include the date the written agreement was entered into.

(d) A copy of the safety training material currently being provided to the nonretail customers.

(e) Documentation that shows each nonretail or conditional nonretail customer who has entered into a written agreement to dispense Class 1 flammable liquids meets the requirements to dispense Class 1 flammable liquids.

(f) Required documentation must be provided when requested. If it is not, it will be considered that requirement was not met and the owner or operator is out of compliance with the requirements.

(17) The audit will consist of inspecting a minimum of five percent of the nonretail customer files as a sampling to indicate the degree in which the owner or operator is in compliance with all applicable statues, rules and requirements.

(18) At the discretion of the State Fire Marshal, more than five percent and up to one hundred percent of the customer accounts may be inspected.

(19) During the audit the State Fire Marshal will determine the number of accounts that are or were entered into a written agreement with the owner or operator to dispense Class 1 flammable liquids at any time during the current license cycle up to the date of the audit. This will include any customer accounts that are acquired from another owner or operator regardless if those customers have entered into a new written agreement with the acquiring owner or operator.

(a) The owner or operator and the State Fire Marshal will agree to this number and it will be documented on a form established by the State Fire Marshal. This will be the number of accounts the operator will be required to pay for after the audit.

(b) The owner or operator will also pay for any new accounts who entered into a written agreement after the triennial audit at the time they renew at least one of their facility licenses.

(20) During the audit the State Fire Marshal will reconcile the number of accounts that were entered into a written agreement during the previous license cycle to verify all accounts were reported and paid for.

(21) Owners or operators who are located outside of Oregon but have at least one nonretail facility located in Oregon licensed by the State Fire Marshal are also subject to the requirements established in ORS 480.310 to 480.385 and OAR 837-020-0025 to 837-020-0130.

(22) During the triennial audit or any other audit, the State Fire Marshal may require reports or data from the owner or operator that show transactions or activity that occurred at specific nonretail facilities for the purpose of verifying all accounts that have entered into a written agreement to dispense Class 1 flammable liquids are identified. These reports may also be used to verify the retail and nonretail sales at dual operations that are separated by time, or other purposes related to the audit.

(23) It is the owner or operator’s responsibility to verify all of their nonretail customers meet all of the requirements at all times.

(24) If at the time of the audit it is found the owner or operator is not in compliance with any of the requirements, the State Fire Marshal will issue a Notice and Order of Correction to the owner or operator.

(25) The Notice and Order of Correction will contain, at a minimum, the following information:

(a) The company name of the facility;

(b) The specific requirement the owner or operator or customer is not in compliance with;

(d) The violations must be abated by the date established on the Notice and Order of Correction.

(e) If the violation is not abated by the required date, the State Fire Marshal will impose a civil penalty in accordance with 837-020-0130.

(f) The owner or operator may request additional time from the State Fire Marshal to make the corrections.

(g) A request for additional time must be made in writing. A request submitted by email will be considered as a written request.

(h) The request must be made prior to the current date abatement is required.

(i) At the discretion of the State Fire Marshal an extension may be given for just cause which will establish a new date abatement must be accomplished by. Additional extensions may be granted if, in the opinion of the State Fire Marshal the circumstances warrant it.

(26) If at the time of the inspection it is found the nonretail facility is not in compliance with any of the requirements, the State Fire Marshal will impose civil penalties in accordance with 837-020-0130.

(27) When an owner’s or operator’s business ceases operations the State Fire Marshal will conduct a closing audit to identify the number of accounts that were entered into a written agreement during the current license cycle. The owner or operator is subject to and required to pay the account fee for each of those accounts.

(28) Examples of a business ceasing to exist include but are not limited to:

(a) Selling

(b) Closing

History

Statutory/Other Authority: ORS 480.375 & ORS 480.380
Statutes/Other Implemented: ORS 480.375 & ORS 480.380
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 1-2023, amend filed 03/01/2023, effective 03/01/2023
OSFM 3-2021, amend filed 01/14/2021, effective 01/14/2021
OSFM 2-2021, amend filed 01/13/2021, effective 01/13/2021
OSFM 6-2020, temporary amend filed 06/23/2020, effective 06/23/2020 through 09/30/2020
OSFM 4-2019, amend filed 05/02/2019, effective 05/20/2019
OSFM 8-2018, adopt filed 10/17/2018, effective 10/19/2018

Or. Admin. R. 837-020-0080 Nonretail Fuel Dispensing During a Governor Declared Emergency

(1) During an emergency as defined in ORS 401.025, a nonretail facility may permit individuals who are not otherwise qualified under ORS 480.345 to dispense Class 1 flammable liquids if all conditions specified in this section are satisfied.

(2) The owner or operator of the nonretail facility holds a valid nonretail facility license issued by the State Fire Marshal;

(3) The owner or operator has paid an application fee for each nonretail facility and customer fees required in ORS 480.350.

(4) The owner or operator has provided a blank copy of the form required by ORS 480.345 and OAR 837-020-0070 that will be used as the written agreement between the owner or operator and nonretail customer that outlines the safety training materials and emergency procedures to be used at the nonretail facility.

(5) The nonretail customer and the owner or operator of the nonretail facility have entered into a written agreement that meets the requirements of OAR 837-020-0070.

(6) The nonretail customer, other than the owner or operator or employee, dispensing Class 1 flammable liquids satisfies safety training requirements of OAR 837-020-0055.

(7) The owner or operator is responsible to bear the burden of production and proof that the requirements of OAR 837-020-0040, and any other rules of the State Fire Marshal have been satisfied.

History

Statutory/Other Authority: ORS 480.347
Statutes/Other Implemented: ORS 480
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2012, f. & cert. ef. 1-24-12
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 10-2002, f. & cert. ef. 12-6-02
OSFM 1-2002, f. & cert. ef. 2-25-02

Or. Admin. R. 837-020-0085 Nonretail Facility License Requirements

(1) Nonretail Facilities must obtain a valid license issued by the State Fire Marshal, prior to operating a Nonretail Facility.

(2) A separate license is required for each Nonretail Facility.

(3) All initial facility licenses are valid for three years from the date of issue.

(4) In accordance with ORS 183.705, a renewal date of a facility license may be adjusted or prorated to correspond with existing State Fire Marshal licensing cycle dates,

(5) The State Fire Marshal will issue a license to the owner or operator if the owner or operator has:

(a) Complied with the requirements established by OAR 837-020-0040;

(b) Submitted a correctly completed application to the State Fire Marshal on forms supplied by the State Fire Marshal;

(d) Provided a blank copy of the form that will be used as the written agreement required under ORS 480.345 and OAR 837-020-0070;

(e) Paid the required application fee for each facility site and, if applicable, all account fees required in ORS 480.350;

(f) No outstanding Notice and Order of Correction violations;

(g) Has no outstanding civil penalties that are owed;

(h) Has no outstanding account fees.

(6) Any and all certification required by this section must be made in accordance with ORS 162.075.

(7) The owner or operator bears the burden of production and proof that the requirements of this Division, and all applicable rules of the State Fire Marshal have been satisfied.

(8) The State Fire Marshal may conduct an on-site inspection to determine compliance with OAR 837-020-0040 and other applicable fire and life safety laws prior to issuing a nonretail facility license to the owner or operator under section (4) of this rule.

(9) In addition to the requirements set forth in this section, owners or operators who wish to operate a dual operations facility, the owner or operator must provide to the State Fire Marshal, on State Fire Marshal forms, the specific hours and days when the owner or operator proposes to conduct only retail dispensing and the specific hours and days when the owner or operator proposes to conduct only nonretail dispensing.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.350
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2012, f. & cert. ef. 1-24-12
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0105 License Denials, Revocations, Suspensions; and Appeals

(1) The State Fire Marshal may deny, revoke, or suspend a Nonretail Facility license if the owner or operator:

(a) Fails to comply with OAR 837-020-0040, or any other rule, pertaining to nonretail fuel dispensing, adopted by the State Fire Marshal; or

(b) Falsifies any information in the application for the license.

(2) The option of denial, revocation or suspension may be based on the following:

(a) The number of similar or related violations alleged to have been committed in the current license cycle;

(b) Whether the violation or violations were willful or intentional;

(d) Other circumstances determined by the State Fire Marshal to be applicable to the particular violation or violations.

(3) Suspension or revocation of a license may include suspension or revocation of the current license and the right to apply for a subsequent license.

(4) Where the State Fire Marshal has alleged a self-service violation at a Retail Facility or Nonretail Facility the burden of proof to show the purchase was in compliance with the requirements of ORS 480.310 through 480.385 and OAR chapter 837, division 20 shifts from the state to the owner or operator once the state establishes and provides the owner or operator with the following information:

(a) The date and time of the alleged violation;

(b) The facility location, including the pump number where the alleged violation occurred;

(d) A description of the individual dispensing the Class 1 Flammable Liquids.

(5) Any owner or operator who applies for a license required by OAR 837-020-0085, and whose application is denied, is entitled to file an appeal. Appeals are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470.

(6) Before suspending, revoking or terminating a license issued under OAR 837-020-0085, the State Fire Marshal will give prior notice to the licensee and offer a hearing. If requested, such hearings are conducted as contested case proceedings pursuant to ORS 183.413 to 183.470.

(7) Where the State Fire Marshal proposes to assess a civil penalty under ORS 480.385 and OAR 837-020-0125, appropriate notice of appeal rights will be given under ORS 480.385.

(8) Judicial review of a final order made after a hearing requested under section (1) or (2) of this rule will be as provided in ORS 183.480 to 183.497 for judicial review of contested cases.

(9) Nothing in this Section may prevent the State Fire Marshal from closing a nonretail facility under ORS 479.170, provided that the accelerated appeals process explained in ORS 479.180 is observed.

(10) Where a nonretail customer account list has been submitted to the State Fire Marshal during enforcement or appeal proceedings, the State Fire Marshal will treat the list as confidential to the extent allowed by law.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: 480.365 - 480.375 & 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 3-2018, minor correction filed 08/30/2018, effective 08/30/2018
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0115 Application, License Renewals, and Fees

(1) Any owner or operator engaged in, or intending to engage in, the operation of a nonretail facility must apply for and obtain a license issued by the State Fire Marshal. The application, fees, and supporting documents for new facilities must be submitted and received by the State Fire Marshal 45 days prior to the date nonretail dispensing commences.

(2) A separate license must be applied for and obtained for each nonretail facility.

(3) The license must be obtained prior to start of the nonretail facility operation, or the owner or operator may be assessed a civil penalty and be subject to closure of the nonretail facility.

(4) The application fee for each nonretail facility license is established by ORS 480.350. Licenses are valid for three years from the date of issue.

(5) In accordance with ORS 183.705, the license renewal date of a facility may be adjusted or prorated to correspond with existing State Fire Marshal licensing cycle dates.

(6) License fees must be paid to the State Fire Marshal and must acompany the appropriate application.

(7) Payment may be made by personal check, business check, cashier's check, money order, online or other approved Oregon State Fire Marshal methods, made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal will not take any action on the application until the check has cleared the bank.

(8) In addition to the application and renewal fees assessed by this section, owners or operators of nonretail facilities shall pay to the State Fire Marshal an account fee established by ORS 480.350 for each nonretail customer who is entered into a written agreement with the owner or operator of the nonretail facility for any period of time during the current license cycle to dispense Class 1 flammable liquids.

(9) License renewal applications, accompanying documentation, and payment must be postmarked by a United States Postmark, or received at the State Fire Marshal, no later than 30 days prior to the license expiration for a license renewal that will be valid for the following license cycle. If the 30 days prior to the license expiration date falls on a day when a postmark cannot be obtained, the applications must be postmarked or received by the State Fire Marshal on the preceding business day.

(10) License application renewals postmarked or received after the deadline set forth under subsection (8) of this rule may be subject to a civil penalty.

(11) License and customer fees received by the State Fire Marshal are deposited with the State Treasurer, placed in the State Fire Marshal Fund, and used to fund the non-retail fuel dispensing program.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.350
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 53-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 3-2012, f. & cert. ef. 1-24-12
OSFM 3-2008, f. 4-3-08, cert. ef. 5-1-08
OSFM 4-2007(Temp), f. & cert. ef. 11-30-07 thru 5-27-08
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1992(Temp), f. & cert. ef. 4-24-92
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0120 Hearings and Contested Cases

A person may request a Formal Hearing regarding the suspension, revocation, or denial of a license by the State Fire Marshal.

(1) A Request for Hearing must be timely filed.

(2) A Request for Hearing is timely filed when the request is postmarked or received by the State Fire Marshal within 20 days from the date of service of the notice of suspension, revocation, or denial, unless a 60-day deadline applies pursuant to ORS 183.435.

(3) If a Request for Hearing is not timely filed under section (c) of this rule, the person waives the right to a contested case under ORS Chapter 183.

(4) A person may write to or call the State Fire Marshal to informally discuss the notice of suspension, revocation, or denial; however, an informal communication does not extend the deadline established in 837-020-0105 subsection (3).

(5) A contested case may include:

(a) An Informal Conference;

(b) A Formal Hearing, or both.

(6) A contested case will be conducted pursuant to the provisions of ORS Chapter 183 and the rules adopted thereto.

(7) The State Fire Marshal may provide an opportunity for an Informal Conference. A request for an Informal Conference must be in writing; and must:

(a) Be addressed to the State Fire Marshal; and

(b) Clearly state the issue or issues to be discussed; and

(8) After an Informal Conference, the State Fire Marshal may amend, withdraw, or reduce the suspension, revocation, or denial. Such action will be taken in accordance with ORS Chapter 183 and the rules adopted thereto.

(9) A person may file a written Request for Hearing before or after an Informal Conference, at any time before the deadline established in section (3) of the Contested Cases section of OAR 837-020-0120.

(10) The State Fire Marshal is responsible to arrange for a hearings officer to conduct the Formal Hearing.

(11) The State Fire Marshal will set a date, time, and location for the Formal Hearing.

History

Statutory/Other Authority: ORS 476.030 & 480.310 - 480.385
Statutes/Other Implemented: ORS 480.310 - 480.385
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05

Or. Admin. R. 837-020-0125 Violations General and Violation Classes

(1) If at any time the State Fire Marshal finds that the owner or operator of a retail or nonretail facility is found to be out of compliance with any requirement established by ORS 480.310 through 480.385, or OAR 837-020-0025 through 837-020-0130, it may impose a civil penalty of up to $500 for each violation as authorized by ORS 480.385. All penalties are imposed in accordance with the following penalty matrix established by the State Fire Marshal.

(2) The violation classification established in OAR 837-020-0130 will be used to determine the penalty amount that will be assessed.

(3) Penalties will be suspended based on the instance of a violation.

(4) The violation instance is determined by the number of times a person, individual, owner, or operator is found to have committed the same violation of any single requirement established in ORS 480.310 through 480.385, and OAR 837-020-0025 through 837-020-0130.

(5) Class I violation. Owners or operators of nonretail facilities are considered to have committed a Class I Violation if:

(a) The owner or operator does not have documentation on file at the time of the audit showing a nonretail customer is eligible to be a nonretail customer. The required documentation includes:

(A) A signed agreement that meets the requirements.

(B) Verification that training materials have been received by the customer.

(b) Facility license applications are not received by the State Fire Marshal by the due date;

(c) Any of the following signs required to be present at a facility are missing, not legible, not located as required, not of the required minimum size, or in a condition so that it does not meet the intent of the requirement:

(A) Instructions for the operation of nonretail dispensers;

(B) Facility address;

(D) It is a violation of law to dispense Class 1 Flammable Liquids without first receiving the training materials required by OAR 837-020-0055;

(E) Identifying retail and nonretail dispensers or islands where dual operations separated by distance are being operated;

(F) Identifying the days and hours of retail and nonretail operations where those are separated by time.

(d) The owner or operator does not certify the violations listed on a Notice and Order of correction have been abated by the date abatement is required for any Class I violations;

(e) The documentation required by OAR 837-020-0077(16) is not available or provided when requested.

(6) Class II violations. Owners or operators of Nonretail or Retail Facilities are considered to have committed a Class II violation if:

(a) The owner or operator does not have documentation on file at the time of the audit showing a nonretail customer has received the required safety training materials;

(b) Any of the following signs required to be present at a facility are missing, not legible, not located as required, or in a condition so that it does not meet the intent of the requirement:

(A) Clearly identifying the location of the emergency fuel shut off device;

(B) Location of the fire extinguishers;

(D) Vehicle engines must be shut off while fueling;

(E) Do not fill unapproved containers;

(F) Portable containers must be removed from inside the trunk, passenger compartment, or truck bed of a vehicle and placed on the ground before filling;

(G) Discharge your static electricity before fueling by touching a metal surface away from the nozzle;

(H) To prevent static charge, do not re-enter your vehicle while a Class 1 Flammable Liquid is being dispensed;

(I) If a fire starts, do not remove nozzle. Use emergency fuel shut off;

(J) Persons dispensing fuel must remain outside the vehicle being fueled, with the fueling nozzle in full view at all times;

(K) Other signs required by OFC.

(d) Facility does not have adequate lighting at all times when the facility is available for use;

(e) Proper drainage grades and curbs are not situated to prevent any spills from flowing towards any building or other pump islands;

(f) If a fire alarm transmitting device or a telephone not requiring a form of payment to operate is not provided and accessible at the facility during all hours of operation or if such device is not maintained in good working order, or if such device does not operate;

(g) Retail and nonretail dispensing that occurs during the same hours of operation and separated by distance, is not separated by the required minimum distance or barrier;

(h) Other provisions required by OFC;

(i) Required facility equipment is not present, not working, or not maintained to be in good working order or good condition;

(j) The owner or operator does not certify the violations listed on a Notice and Order of correction have been abated by the date abatement is required for any Class II violations.

(k) A retail facility in a Non-Rural county, does not post signs that identify which dispensers are designated for attended service and self-service.

(l) Signs that identify which dispensers are designated for attended service and self-service are not clearly readable by the operator of a motor vehicle or are not visible from each dispenser or island access point.

(m) A retail facility in a Non-Rural county designates more than one half of the operable Class 1 Flammable Liquid dispensers for self-serve or regularly allows self-serve of Class 1 Flammable Liquids to occur at more than half of the operable Class 1 Flammable Liquid dispensers.

(7) Class III violation. Owners or operators of nonretail facilities or retail facilities, or nonretail customers are considered to have committed a Class III violation if:

(a) The owner or operator of a retail or nonretail facility allows unauthorized dispensing of Class 1 flammable liquids;

(b) The owner or operator of a nonretail facility operates such a facility without the required license issued by the state fire marshal;

(c) The owner or operator of a nonretail facility knowingly falsifies any of the information required to be included on the facility license application;

(d) The owner or operator of a nonretail facility did not provide the required safety training materials to a nonretail customer prior to giving them access to dispense Class one flammable liquids;

(e) The nonretail customer has not completely reviewed the required safety training materials and disseminated them to all non-retail users as required under ORS 480.345 (2);

(f) The owner or operator of a nonretail facility does not certify the deficiencies listed on a Notice and Order of correction have been abated by the date abatement is required for any Class III violations.

(g) A Retail station in a Non-Rural county does not designate at least one person from the facility who is readily available to provide attended service at designated attended service dispensing devices upon request or when a person is designated to provide assistance upon request, denies providing such assistance.

(h) A retail facility in a Rural Oregon county that has retail space providing goods or services, other than goods or services for maintaining, repairing or cleaning a motor vehicle, does not make an owner, operator, or employee available for dispensing Class 1 Flammable Liquids after 6:00 AM and before 6:00 PM.

(i) A retail facility in a Non-Rural county is regularly allowing self-serve to occur without designating which Class 1 Flammable Liquid dispenser devices are for self-serve and are for attended service or has made the designations but is not regularly adhering to it.

(j) A retail facility in a Non-Rural county charges a different price for self-serve and attended service of Class 1 Flammable Liquids.

(8) Class IV violation. Owners, operators, or employees of Nonretail facilities are considered to have committed a Class IV violation if:

(a) The owner or operator refuses to abate a violation ordered on a Notice and Order of Correction;

(b) The owner or operator falsely certifies they abated the violations listed on a Notice and Order of Correction when the violations were not abated.

(c) A retail facility in a Non-Rural county allows self-serve dispensing of Class 1 Flammable liquids during hours that an owner, operator, or employee is not available for the dispensing of Class 1 Flammable liquids.

(d) A retail facility does not have the required signage notifying persons with a disability that refueling assistance may be requested and how to request it.

(e) A retail facility has charged a person with a disability an additional fee or a higher per gallon price for providing refueling assistance of Class 1 Flammable Liquids pursuant to ORS 480.344.

(f) A retail facility fails to provide attended service as required pursuant to ORS 480.344.

History

Statutory/Other Authority: ORS 480.380
Statutes/Other Implemented: ORS 480.380 & 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 4-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 3-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018
OSFM 9-2012, f. & cert. ef. 10-2-12
OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07
OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05
OSFM 10-2002, f. & cert. ef. 12-6-02
OSFM 1-2002, f. & cert. ef. 2-25-02
FM 4-1992, f. 6-15-92, cert. ef. 7-15-92 (and corrected 6-22-92)
FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92

Or. Admin. R. 837-020-0130 Penalty Schedule and Suspensions

(1) Based on the class of violation the owner or operator is found to have committed, the following penalty schedule is used to determine the amount of penalty to be assessed.

(a) Class I - $100;

(b) Class II - $200;

(d) Class IV - $500.

(2) Penalties assessed for Class I, II, and III violations from facility inspections will be suspended in the following manner:

(a) The first instance of a violation within a three-year period, the penalty will be suspended 100%;

(b) The second instance within a three-year period, the penalty will be suspended 50%;

(c) The third instance of a violation within a three-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed;

(d) A three year period can include any year in the current license cycle the violation occurred in and the two previous years.

(3) Penalties assessed for Class I, II, and III violations from records audits will be suspended in the following manner:

(a) The first instance of a violation within six-year period, the penalty will be suspended 100%;

(b) The second instance within a six-year period, the penalty will be suspended 50%;

(c) The third instance of a violation within a six-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed;

(d) A six year period can include any year in the current license cycle the violation occurred in and the two previous cycles.

(4) The penalty assessed for Class IV violations will not be suspended at any time.

History

Statutory/Other Authority: 480.380 & 480.380
Statutes/Other Implemented: 480.380 & 480.385
OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 8-2018, adopt filed 10/17/2018, effective 10/19/2018

Division 30 LIQUEFIED PETROLEUM GAS

Or. Admin. R. 837-030-0100 Purpose and Scope

(1) The purpose of these rules is to implement the standards, policies and procedures for liquefied petroleum gas for the protection and safety of the public and persons using or handling liquefied petroleum gas, pursuant to the authority vested in the State Fire Marshal by ORS 476.030 and 480.320.

(2) The scope of these rules apply to the implementation of the statutes in ORS 480.410 through 480.460 relating to liquefied petroleum gas.

(3) These rules establish application, examination, reporting inspection criteria, and other requirements for liquefied petroleum gas.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.410 - 480.460
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0005
FM 6-1987, f. & ef. 10-20-87
FM 6-1985, f. & ef. 9-20-85
FM 1-1981, f. 7-20-81, ef. 8-1-81
FM 22, f. 11-15-65

Or. Admin. R. 837-030-0110 Effective Dates

OAR 837-030-0100 through 837-030-0280 are effective upon date of filing for adoption.

History

Statutory/Other Authority: ORS 480.420
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0120 Definitions

(1) For the purpose of these rules, the following definitions apply to OAR 837-030-0100 through 837-030-0280.

(2) "Application" means the forms required by the State Fire Marshal to be completed and submitted to the State Fire Marshal.

(3) "Audit" is a formal examination of an LPG company's records conducted by the State Fire Marshal to verify that a Liquid Petroleum Gas (LPG) location is in compliance with all applicable statutes, rules, and regulatory requirements.

(4) "Bulk Plant" is a facility where the primary function is to store LPG prior to further distribution. LPG is received by cargo tank vehicle, railroad tank car, or pipeline, and then distributed by portable container (package) delivery, by cargo tank vehicle, or through gas piping.

(5) "Company License" means the same as an Installation License defined in OAR 837-030-0120(13).

(6) "Company Representative" means an individual who has passed the installation examination administered by the State Fire Marshal and represents the company at a specific site.

(7) "Delivery Unit" means any unit that is used to deliver or transport liquefied petroleum gas.

(8) "Examination" means a document designed to test an applicant's knowledge regarding liquefied petroleum gas, its properties, related equipment and applicable safety regulations.

(9) "Fitter License" in general means a license issued to an individual who performs LPG container and container appurtenance installation or replacement, and or, performs work on liquefied petroleum fuel gas systems including but not limited to, LPG containers, plumbing and pipe fitting, gas venting, installs, repairs or remodels any piping or venting, installs or repairs, connects, or disconnects any liquefied petroleum gas appliance. The specific types of Fitter Licenses are:

(a) HVAC Fitter — Required for all individuals who install or perform LPG work on HVAC equipment, including hearth products; does not include piping up to the final shut off valve upstream of the equipment (see Master Fitter);

(b) IC Fitter (Internal Combustion) — Required for all individuals who work on LPG fuel systems of LPG powered internal combustion engines;

(c) Master Fitter — Required for all individuals who perform LPG fuel gas plumbing work including but not limited to, fitting or venting work, install or replace LPG containers and container appurtenances, install, replace, repair or remodel any LPG container, appliance, piping or venting. This license covers all areas of LPG work.

(10) "Individual" means one distinct, individual human being. It does not mean person.

(11) "Installation" means an LPG container or containers set on a specific customer property with the intent of supplying fuel gas to utilization equipment.

(12) "Installer" means a licensed company who provides a licensed individual making the connection from an installation to a LPG fuel gas system and who conducts required leak testing and ensures the installation and piping system are in compliance to applicable codes and standards.

(13) "Installation License" means a license issued to a company or business (hereinafter referred to as a Company License) that engages in or works at the business of installing LPG containers and container appurtenances, installing extending, altering or repairing any liquefied petroleum fuel gas systems including but not limited to, gas appliances or piping, vent or flue connection pertaining to or in connection with liquefied petroleum gas installations. This includes the operation of delivery equipment on motorized vehicles.

(14) "License" means the official written permission granted by the State Fire Marshal for the purpose of working in the liquefied petroleum gas business.

(15) "Liquefied Petroleum Gas" (LPG) means any liquid composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane or isobutene) and butylenes.

(16) "Location" means any physical site or facility operated by an LPG company where regulated activities occur; this may include but is not limited to offices, storage yards (bulk yards), or physical site where employees report for work.

(17) "NFPA" means the National Fire Protection Association.

(18) "NFPA 54" means National Fire Protection Association Standards (NFPA) 54 National Fuel Gas Code 2021 Edition, unless otherwise specified.

(19) "NFPA 58" means National Fire Protection Association Standards (NFPA) 58 Liquefied Petroleum Gas Code 2020 Edition, unless otherwise specified.

(20) "NFPA 1192" means National Fire Protection Association Standards (NFPA) 1192 Standard on Recreational Vehicles 2021 Edition, unless otherwise specified.

(21) "Notice and Order of Correction" (NOC) means a written notice issued by the State Fire Marshal to a Company Representative identifying specific violations of applicable statutes, rules, or requirements and establishes a date the violations must be abated.

(22) "Oregon Electrical Specialty Code" (OESC) means the 2023 edition of the Oregon Electrical Specialty Code, unless otherwise specified.

(23) "Oregon Fire Code" (OFC) means the 2022 edition of the Oregon Fire Code as adopted by the Oregon State Fire Marshal, unless otherwise specified.

(24) "Oregon Mechanical Specialty Code" (OMSC) means the 2022 edition of the Oregon Mechanical Specialty Code, unless otherwise specified.

(25) "Oregon Residential Specialty Code" (ORSC) means the 2021 edition of the Oregon Residential Specialty Code, unless otherwise specified.

(26) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions.

(27) "Probation" means a temporary status imposed on a license by the State Fire Marshal following failure to abate violations. During probation, the location remains licensed but is subject to increased oversight and specific conditions, which must be met within a designated timeframe.

(28) "Probationary Period" means the time after employment start date to consist of 60 days on the job training, hereafter referred to as “Training Period.”

(29) "Suspension" means the temporary removal of the authority to conduct regulated actions under one or more licenses, due to failure to comply with the terms of probation or continued noncompliance with regulatory requirements.

(30) "Tank" means any vessel, container, or cylinder designed for the storage, transportation, or use of Liquefied Petroleum Gas (LPG).

(31) "Training Period" means the same as probationary period as defined by OAR 837-030-0180.

(32) "Truck Equipment Operator License" means a license issued to an individual who operates liquefied petroleum gas delivery equipment installed on a motorized vehicle.

(33) "Revocation" means the formal termination of one or more licenses issued by the State Fire Marshal due to failure to resolve violations after probation or suspension. Revocation prohibits the Person or company from engaging in any regulated LPG activities at the affected location.

History

Statutory/Other Authority: ORS 476 & ORS 480
Statutes/Other Implemented: ORS 480.410
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 4-2024, amend filed 11/15/2024, effective 11/15/2024
OSFM 7-2020, minor correction filed 12/07/2020, effective 12/07/2020
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0130 Fire and Life Safety Standards

(1) The following National Fire Protection Association Standards (NFPA) are hereby adopted by reference and are the Standards on which the examinations referenced in these rules will be primarily based:

(a) NFPA 54 — National Fuel Gas Code; and

(b) NFPA 58 — Liquefied Petroleum Gas Code.

(2) Whenever the following phrases or abbreviations appear in the above referenced standards, they mean the following:

(a) Authority Having Jurisdiction means the State Fire Marshal;

(b) National Electrical Code means the Oregon Electrical Specialty Code; and

(3) The State Fire Marshal has adopted the OFC for inspection and enforcement of liquefied petroleum gas installations pursuant to ORS 476.030(1) and 480.420(1). (Refer to OAR 837, division 40.)

(4) The State Fire Marshal recognizes the Oregon Building Codes Division inspection and enforcement authority on those portions of liquefied petroleum gas installations downstream of the first stage regulator. Depending on occupancy classification, these portions may be regulated under the Oregon Mechanical Specialty Code as adopted by OAR 918-440-0010 or the Oregon Residential Specialty Code as adopted by OAR 918-480-0005.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030 & 480.420
Statutes/Other Implemented: ORS 480.420
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 4-2024, amend filed 11/15/2024, effective 11/15/2024
OSFM 2-2023, amend filed 04/27/2023, effective 05/01/2023
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05
OSFM 2-2004, f. & cert. ef. 1-14-04
OSFM 2-2002, f. & cert. ef. 2-25-02
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0010, 837-030-0015, 837-030-0020 & 837-030-0025
FM 6-1987, f. & cert. ef. 10-20-87
FM 1-1987, f. & cert. ef. 3-18-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 1-1981, f. 7-20-81, cert. ef. 8-1-81
FM 66, f. 2-20-75, cert. ef. 3-11-75
FM 62, f. 6-14-73, cert. ef. 7-1-73
FM 59, f. 2-25-72, cert. ef. 3-15-72
FM 22, f. & cert. ef. 11-15-65

Or. Admin. R. 837-030-0140 Licenses Required

(1) A company license is required for any company engaged in the business of installing, extending, altering or repairing any liquefied petroleum fuel gas system including but not limited to gas appliances or piping, vent or flue connection pertaining to or in connection with liquefied petroleum gas installations, and includes the installation of LPG containers, container appurtenances and the operation of delivery equipment on motorized vehicles.

(2) A fitter license is required for any individual performing the installation or replacement of LPG containers, container appurtenances and or performs work on LPG fuel gas systems including but not limited to liquefied petroleum gas fitting, venting, installation or repair or remodel to any piping or venting, installs or repairs, connects, or disconnects any liquefied petroleum gas appliance.

(3) A Truck Equipment Operator license is required for any individual who operates liquefied petroleum gas delivery equipment installed on a motorized vehicle.

(4) Any individual required to have a fitter or truck equipment operator license is also required to have an installation license unless the individual is an employee of an employer who has a company license.

(5) Company licenses are not transferable. When a company transfers ownership, the new company must complete the licensing process the same as any other new company.

(6) Fitter and truck equipment operator licensees may transfer from licensed company to licensed company without relicensing if the license has not expired.

(7) Company representatives may transfer their company representative status from licensed company to licensed company without re-testing if their existing license has not expired.

(8) When an LPG business ceases operations the State Fire Marshal shall be notified.

(9) Examples of a business ceasing to exist include but are not limited to:

(a) Selling

(b) Closing

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.432
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0150 Company License (Company Representative)

(1) Each company business or dealership location must obtain a separate company license.

(2) A separate company license is not needed for dispatch centers.

(3) Each location must have a company representative unique to that location.

(4) To qualify the company for a company license, an individual company representative at each location and unique to that location must pass an examination, as detailed in OAR 837-030-0190, and administered by the State Fire Marshal, with a score of 80 percent or more of the questions answered correctly.

(5) If the company representative transfers or resigns employment with the company, the company must notify the State Fire Marshal, in writing, within two weeks of the transfer or resignation.

(6) The new company representative must meet examination requirements within 60 calendar days of the last date of employment of the preceding company representative.

(7) The Company Representative must ensure that the company location remains in compliance with all applicable statutes, rules, and regulatory requirements at all times.

(8) Exceptions to this requirement for a company license are as follows:

(a) This rule does not apply to liquefied petroleum gas installations made in a manufactured dwelling or recreational vehicle when those installations are made during the construction of the manufactured dwelling or recreational vehicle.

(b) This rule does not apply to warranty work for liquefied petroleum gas installations in a manufactured dwelling or recreational vehicle so long as the work performed falls in the scope of the original manufacturer's warranty issued at the time the home or recreational vehicle was manufactured.

(c) This rule does not apply to a person who holds a valid journeyman plumber's certificate that was issued under ORS 693.060 or who is in an approved journeyman plumber apprenticeship established under ORS 660.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.432
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0160 Fitter License

(1) Any individual performing liquefied petroleum gas fitting, venting, installation or repair must obtain a fitter license.

(2) To qualify for a fitter license, an individual must pass a written examination, as detailed in OAR 837-030-0190, and administered by the State Fire Marshal, with a score of 80 percent or more of the questions answered correctly.

(3) An individual may work within a Training Period only as detailed in OAR 837-030-0180.

(4) A fitter may transfer their license to another company.

(5) The State Fire Marshal must be notified in writing within two weeks of employment by the new company that the fitter’s license is to be transferred.

(6) Exceptions to this requirement for a fitter license are as follows:

(a) This rule does not apply to individuals who perform liquefied petroleum gas installations made in a manufactured dwelling or recreational vehicle when those installations are made during the construction of the manufactured dwelling or recreational vehicle.

(b) This rule does not apply to individuals who perform warranty work for liquefied petroleum gas installations in a manufactured dwelling or recreational vehicle so long as the work performed falls in the scope of the original manufacturer's warranty issued at the time the home or recreational vehicle was manufactured.

(c) This rule does not apply to an individual who holds a valid journeyman plumber's certificate issued under ORS 693.060 or who is in an approved journeyman plumber apprenticeship established under ORS 660, when installing piping. If a journeyman plumber intends to install an LPG container or make any connection to an LPG container, the journeyman plumber must first obtain a fitter license through the State Fire Marshal.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.432
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0170 Truck Equipment Operator License

(1) Any individual operating liquefied petroleum gas delivery equipment installed on a motorized vehicle must obtain a truck equipment operator license.

(2) To qualify for a truck equipment operator license, an individual must pass a written examination, as detailed in OAR 837-030-0190, and administered by the State Fire Marshal, with a score of 80 percent or more of the questions answered correctly.

(3) An individual may work within a Training Period only as detailed in OAR 837-030-0180.

(4) A truck equipment operator may transfer their license to another company.

(5) The State Fire Marshal must be notified in writing within two weeks of employment by the new company that the truck equipment operator’s license is to be transferred.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.432
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0180 Training Period

(1) Individuals who desire to obtain a fitter or truck equipment operator license may work up to 60 days of a Training Period.

(2) The 60 days of training consist of actual work days. (For the purposes of tracking an individual’s Training Period, work days are considered to be Monday through Friday unless the company submits documentation to the State Fire Marshal of another work schedule.)

(3) The Training Period for fitters must be under the supervision of a licensed fitter.

(4) The Training Period for truck equipment operators must be under the supervision of a licensed truck equipment operator.

(5) Individuals must pass the written examination required under OAR 837-030-0190 and obtain the required license after not more than 60 days of the Training Period.

(6) Any individual who exceeds the 60 day Training Period, and has not yet obtained their fitter or truck equipment operator license, must immediately cease working as a fitter or truck equipment operator until such time as they have obtained the required license.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.435
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0190 Examinations

(1) Persons applying for installation (company), fitter or truck equipment operator licenses must pass a written examination, administered by the State Fire Marshal, with a score of 80 percent or more of the questions answered correctly on each applicable section of the examination.

(2) Examinations for fitter and truck equipment operator licenses assess the individual’s knowledge of liquefied petroleum gas, its properties, related equipment, and applicable codes, statutes and safety regulations.

(3) Examinations for the company representative assess the individual’s knowledge of applicable codes, statutes, safety regulations, Oregon Revised Statutes and Oregon Administrative Rules that regulate and govern liquefied petroleum gas.

(4) License types and combinations are:

(a) Company Representative;

(b) Master Fitter;

(d) Company Representative, Fitter, Truck Equipment Operator Combination;

(e) Company Representative, Fitter Combination;

(f) Company Representative, Truck Equipment Operator Combination;

(g) Fitter, Truck Equipment Operator Combination;

(h) IC Fitter;

(i) HVAC Fitter;

(j) Company Representative, HVAC Fitter;

(k) Company Representative, IC Fitter.

(5) Examinations are open book and administered on-line by the State Fire Marshal. No individual person completing an examination can use any information other than the information referenced in these rules to complete the examination, nor can they use any other means to obtain a passing score on the examination.

(6) Examinations will be based primarily on the standards referenced in OAR 837-030-0130, ORS 480.410 through 480.460, 480.990, and OAR 837-030-0100 through 837-030-0280.

(7) All applications to take examination must be made on a form provided by the State Fire Marshal and must be accompanied by the fee required in ORS 480.434.

(8) Upon receipt of a properly completed application and fee, the State Fire Marshal will provide the applicant with instructions to access the on-line examination.

(9) If an applicant fails to complete the examination within 30 days of having access to the examination, or fails to pass the examination, the applicant must submit to the State Fire Marshal a new application and fee pursuant to ORS 480.434.

(10) License holders and persons previously licensed are not required to complete new examinations unless a period of two years or more has elapsed from the date of their last license expiration date.

(11) Examinations are automatically graded and results provided to the applicant upon completion of the examination.

(12) The State Fire Marshal reserves the right to disqualify an applicant's examination score for valid cause.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.434
OSFM 4-2024, amend filed 11/15/2024, effective 11/15/2024
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. 3-31-88
FM 6-1987, f. & ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52, f. 4-29-71, ef. 5-25-71

Or. Admin. R. 837-030-0200 License Application, Approval, Issuance

(1) All license applications must be on a form provided by the State Fire Marshal.

(2) License applications may not be submitted until the applicant has passed the appropriate qualifying examination.

(3) The completed application form must contain the following:

(a) Applicant's name;

(b) Type of license applied for;

(d) Signature of the company representative; and

(e) Company number assigned by the State Fire Marshal.

(4) Applications must be accompanied by the appropriate license fee.

(5) Upon approval of the application, a license will be issued to the company.

(6) Company licenses are valid for a period of one year from date of issue. Fitter and truck equipment operator licenses are valid for a period of two years from date of issue. If the examinee has not applied for and been issued a license within two years from the date of completion of the examination in which the passing score was received, the examination score will be invalid and the applicant must re-take and pass the examination.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.434
OSFM 4-2024, amend filed 11/15/2024, effective 11/15/2024
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05
OSFM 2-2002, f. & cert. ef. 2-25-02
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52, f. 4-29-71, ef. 5-25-71

Or. Admin. R. 837-030-0210 License Probation, Suspension, Revocation, or Denial

(1) The State Fire Marshal may revoke, suspend, or refuse to issue or renew a license required under ORS 480.410 to 480.460. Any such revocation, suspension, or refusal to issue must be in conformance with ORS 183.310 to 183.550. Valid cause exists for the revocation, suspension, or refusal to issue a license when any of the following occur:

(a) The licensee or applicant deliberately falsifies an application for an examination or license;

(b) Has committed a violation of ORS 162.305;

(d) Has failed to comply with any provision of OAR 837-030-0100 through 837-030-0280;

(e) Has failed to maintain the status required under ORS 480.434; or

(f) Has violated any other provision of the liquefied petroleum gas statutes, administrative rules, or applicable fire and life safety standards.

(2) Probation

(a) The State Fire Marshal may impose probation on a licensee due to non‑compliance.

(b) The licensee will be notified of their probationary status through a written probation notice issued by the State Fire Marshal. The notice will include the specific reason or reasons for the probation. The probation notice will establish the timeline for the abatement necessary to remove the probationary status and the requirements the licensee must meet to regain compliance.

(c) Probationary status ends upon issuance of a formal written notice from the State Fire Marshal. This notice will be sent to the licensee when either the licensee has met all requirements established in the probation notice; or the licensee has failed to meet the established requirements within the allotted timeline.

(d) Probation shall not exceed 12 months from the starting date indicated on the probation notice.

(e) Failure to comply with the terms of probation may result in suspension or revocation of the license.

(3) Suspension

(a) The State Fire Marshal may suspend a license due to repeated non‑compliance or failure to complete the requirements of probation.

(b) During a Suspension, some or all regulated LPG activities must cease until the suspension is lifted as determined by the State Fire Marshal.

(c) The licensee will be notified of the license suspension through a written notice issued by the State Fire Marshal. The notice will include the specific reason or reasons for the suspension. The suspension notice will establish the terms of the suspension, the allowed timeline for abatement, and the requirements the licensee must meet to regain compliance.

(d) The license suspension ends upon issuance of a formal written notice from the State Fire Marshal. This notice will be sent to the licensee when either the licensee has met all requirements established in the Suspension Notice; or the licensee has failed to meet the established requirements within the allotted timeline.

(e) Failure to comply with the terms of suspension may result in denial or revocation of the license.

(4) Revocation/Denial

(a) The period of denial or revocation may not exceed three (3) years if the circumstances of the licensee's or applicant's failure to comply with applicable laws and rules pertaining to liquefied petroleum gas presented a significant hazard or other public danger.

(b) Licenses are the property of the State Fire Marshal and must be surrendered upon request of the State Fire Marshal or a State Fire Marshal assistant.

(c) Before revoking or denying a license issued under OAR 837-030-0200, the State Fire Marshal will give prior notice to the licensee and offer the opportunity for a hearing. If requested, the hearing will be conducted as contested case proceedings pursuant to ORS 183.413 to 183.470.

(d) The State Fire Marshal will give appropriate notice of appeal rights under ORS 183.500.

(e) Judicial review of a final order issued after a hearing requested under this rule will be as provided in ORS 183.480 to 183.497 for judicial review of contested cases.

(f) Where customer lists have been submitted to the State Fire Marshal during enforcement or appeal proceedings, the State Fire Marshal will treat the list as confidential to the extent allowed by law.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.435
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0030
FM 10-1988, f. & cert. ef. 9-19-1988
FM 5-1988(Temp), f. & cert. ef. 3-31-88
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 52, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0220 License Renewal

(1) All licenses must be renewed on or before a date specified by the State Fire Marshal. This date will be 30 days after service of written notice by the State Fire Marshal and will be specified on the renewal application.

(2) License renewals must be made on a form provided by the State Fire Marshal and must be accompanied by the appropriate fees.

(3) Company license renewals are valid for a period of one year. Fitter or truck equipment operator licenses renewals are valid for a period of two years.

(4) Licenses not renewed by the specified date are subject to a late fee. The fees for the liquefied petroleum gas program are located in Oregon Revised Statute as follows: ORS 480.436 License fees; term of licenses; delinquency penalty.

(5) Licenses not renewed by their expiration date are invalid and the licensee must cease working until such time as licensing is brought current.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.436
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 2-2004, f. & cert. ef. 1-14-04
Reverted to OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0230 Motor Fuel Installations (Conversions)/Plan Approval

(1) Any company converting or manufacturing any vehicle or machinery to use liquefied petroleum gas for motor fuel must obtain the company and fitter licenses as required in OAR 837-030-0140.

(2) Any manufacture of vehicle or machinery, or any conversion of existing vehicle or machinery to use liquefied petroleum gas as motor fuel, must be in compliance with all applicable liquefied petroleum gas laws, rules and regulations.

(3) All equipment must be installed in accordance with these regulations and the applicable safety standards as adopted, unless written approval is otherwise granted by the State Fire Marshal.

(4) The State Fire Marshal or a State Fire Marshal assistant may make on-site inspections of manufacturing plants where liquefied petroleum gas motor fuel systems are being installed to ensure compliance with applicable safety standards.

(5) Any company manufacturing or converting vehicles or machinery to use liquefied petroleum gas as motor fuel may make application for plan approval of a model or prototype to the State Fire Marshal. The application and plans must include two complete sets of plans which show in detail:

(a) The location of all liquefied petroleum gas equipment including containers, fuel lines, carburetion system, vaporizers, and all pertinent equipment; and

(b) The name of the equipment manufacturer and model numbers when available;

(c) Sufficient information to permit the State Fire Marshal to determine compliance or noncompliance with fire and life safety regulations relating to the use of liquefied petroleum gas as motor fuel.

(6) Upon approval, one copy of the plans will be returned to the applicant with the written approval and an assigned permit number. One copy of the plans will be retained by the State Fire Marshal;

(7) If the plans are disapproved, the applicant will be notified in writing the reason the plans were disapproved and provided information on how to meet the applicable fire and life safety regulations so the plans may be approved.

(8) All vehicles or machinery manufactured or converted to use liquefied petroleum gas as motor fuel and installing liquefied petroleum gas motor fuel tanks must be reported to the State Fire Marshal.

(9) The State Fire Marshal must be notified by the last day of each month by the installation company of all new liquefied petroleum motor fuel installations made during the preceding month.

(10) United States Post Office postmark date will be used to determine the reporting date. If the last day of a month falls on a day when a postmark cannot be obtained, notification must be postmarked on the preceding business day when a postmark can be obtained.

(11) Notification must be made on a form (Notice of Installation of Liquefied Petroleum Gas Tank for Motor Fuel) and must include the following information:

(a) Customer name for whom the conversion was made;

(b) Address where the vehicle or machinery may be inspected;

(d) Water capacity of tank;

(e) Signature of fitter who installed tank and their fitter license number;

(f) Tank serial number;

(g) Name of company installing tank and their company license number;

(h) Any other information that may be helpful in locating the tank.

(12) The company representative must sign the Notice of Installation of Liquefied Petroleum Gas Tank for Motor Fuel verifying the information is correct; and

(13) The appropriate tank installation fee for the Liquefied Petroleum Gas Program is located in Oregon Revised Statute as follows: ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

(14) Any vehicle or machinery manufactured or converted to use liquefied petroleum gas as motor fuel that is found to be in violation of the applicable fire and life safety standards, may be ordered by the State Fire Marshal to be taken out of service. Once out of service, it may not be placed back in service, sold or offered for sale until all necessary corrections have been made, the State Fire Marshal notified and the vehicle or machinery put back in service by the State Fire Marshal.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.450
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 2-2004, f. & cert. ef. 1-14-04
OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95, Renumbered from 837-030-0035
FM 6-1987, f. & cert. ef. 10-20-87
FM 6-1985, f. & cert. ef. 9-20-85
FM 81-1976, f. & cert. ef. 3-3-76
FM 52-1971, f. 4-29-71, cert. ef. 5-25-71

Or. Admin. R. 837-030-0235 Plan Review of Certain Storage Tanks

(1) Liquefied petroleum gas installations wherein a single container is more than 2,000 gallons in water capacity, or the aggregate capacity of the installation is greater than 4,000 gallons, require a plan review from the State Fire Marshal.

(2) Applications for plan reviews must be submitted to the State Fire Marshal within 10 working days from the proposed installation date.

(3) Applications for plan reviews must be submitted on a State Fire Marshal form and be accompanied by a $100 fee.

History

Statutory/Other Authority: ORS 476.033 & 480.410 - 480.460
Statutes/Other Implemented: ORS 476.033 & 480.410 - 480.460
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05

Or. Admin. R. 837-030-0240 Reporting Tank Installations

(1) The State Fire Marshal must be notified by the last day of each month by the installing company of all new liquefied petroleum gas tank installations made during the preceding month. New installations include tank replacements.

(2) United States Post Office postmark date or the State Fire Marshal received date will be used to determine the reporting date. If the last day of a month falls on a day when a postmark cannot be obtained, notification must be postmarked on the preceding business day when a postmark can be obtained.

(3) Tank installation notices must be made on forms provided by the State Fire Marshal and must be complete.

(4) LPG containers, including customer owned containers, that have not been reported as specified in ORS 480.450 shall not be filled or refilled.

(5) The appropriate tank installation fees must accompany the tank installation notices. The fee for the liquefied petroleum gas program is located in Oregon Revised Statute as follows: ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.450
OSFM 3-2026, amend filed 07/22/2026, effective 07/22/2026
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 2-2004, f. & cert. ef. 1-14-04
Reverted to OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0250 Inspection of Tank Installations

(1) State Fire Marshal Deputies or State Fire Marshal assistants will inspect a reasonable number of reported tank installations.

(2) Inspection records will be maintained at the State Fire Marshal.

(3) Tank installation companies will be notified in writing by an inspection notice when a tank installation is not in compliance with State Fire Marshal requirements.

(4) The State Fire Marshal will notify the company of:

(a) Necessary corrections to bring the installation into compliance;

(b) The number of days (not to exceed 60 days) the company must bring the installation into compliance.

(5) The installing company must notify the State Fire Marshal that the corrections have been made to bring the installation into compliance, as follows:

(a) The date the corrections were made must be in writing; including a signature of those making corrections, and

(b) Must be returned to the State Fire Marshal.

(6) Corrections not made or not reported within the number of days allowed to bring the installation into compliance, are subject to fees for the Liquefied Petroleum Gas Program located in Oregon Revised Statute as follows: ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.450
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 2-2004, f. & cert. ef. 1-14-04
Reverted to OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0260 Bulk Storage Sites: Inspections/Notifications

(1) State Fire Marshal deputies or State Fire Marshal assistants may inspect bulk storage sites annually.

(2) Inspection records will be maintained at the Department of the State Fire Marshal.

(3) The installing company will be notified in writing by an inspection notice when a bulk site is not in compliance with State Fire Marshal requirements.

(4) The State Fire Marshal will notify the company of:

(a) Necessary corrections to bring the installation into compliance;

(b) The number of days (may not exceed 60 days) the company must bring the installation into compliance.

(5) The installing company must notify the State Fire Marshal that the corrections have been made to bring the installation into compliance, as follows:

(a) The date the corrections were made and the signature of those making corrections must be written on the copy of the inspection notice provided to the company;

(b) The inspection notice must be returned to the State Fire Marshal.

(6) Any changes to the bulk site, including but not limited to the installation of one or more additional tanks, removal of one or more tanks, and closure of the site, must be reported to the State Fire Marshal in writing within two weeks of the change.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.440 & 480.450
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 52-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0270 Delivery Units: Inspections/Notifications

(1) State Fire Marshal deputies or State Fire Marshal assistants may inspect delivery units annually.

(2) Delivery units must be made readily available to the deputy or assistant for the annual inspection after notification by the State Fire Marshal that the annual inspection is due.

(3) Inspection records will be maintained at the Department of the State Fire Marshal.

(4) Companies will be notified in writing by an inspection notice when a delivery unit is not in compliance with State Fire Marshal requirements.

(5) The State Fire Marshal will notify the company of:

(a) Necessary corrections to bring the delivery unit into compliance;

(b) The number of days (may not exceed 60 days) the company must bring the delivery unit into compliance.

(6) The company must notify the State Fire Marshal that the corrections have been made to bring the delivery unit into compliance, as follows:

(a) The date the corrections were made must be written on the copy of the inspection notice provided to the company.

(b) The inspection notice must be returned to the State Fire Marshal.

(7) Any changes to the delivery units, including but not limited to the addition of one or more delivery units to the company, and transfer, sale, disposal, or taking out of service of one or more delivery units must be reported to the State Fire Marshal in writing within two weeks of the change.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.440 & 480.450
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 51-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Or. Admin. R. 837-030-0275 Audits

(1) The State Fire Marshal may conduct record audits of Liquid Petroleum Gas (LPG) companies that operate in the State of Oregon, to determine if that location is in compliance with the provisions of ORS 480.410 to 480.460 and any applicable rule adopted by the State Fire Marshal.

(2) The State Fire Marshal or the designated agents may conduct audits for the following purposes including but not limited to:

(a) Verify compliance with all licensing requirements;

(b) Verify compliance with tank installation reporting requirements;

(d) Verify a violation that was ordered on a Notice and Order of Correction has been abated; or

(e) Verify a violation that was ordered on a Probationary notice or Suspension notice has been abated.

(3) The State Fire Marshal may provide as much as four weeks or more advance notice of an audit, and the company will be given no less than two-week advance notice of an audit.

(4) If, in the opinion of the State Fire Marshal, there is compelling information that a location or company is intentionally not complying with any provision of ORS 480.410 through 480.460 or OAR 837-030-0100 through 837-030-0280, the State Fire Marshal may conduct an audit at any time and with less than two weeks’ notice. The State Fire Marshal must be able to show that such an audit is justified and will coordinate with the Company Representative to mitigate the impact to the location and so they may be reasonably prepared.

(5) The audits may be remote or at the location.

(6) At the time of the audit, and upon request, the Company Representative must provide the following information to OSFM:

(a) A list of all current employees, job titles, licenses held, license numbers, license expiration dates and description of duties, in a format approved by the State Fire Marshal;

(b) A list of all customers and tank installations within a timeframe determined by OSFM but not more than 10 years prior, on a form provided by the State Fire Marshal.

(7) The initial audit may consist of reviewing up to 24 months of tank installation files. If during the audit, a frequent or consistent pattern of non-compliance is identified, up to 10 years of additional tank installation files may be requested for review.

(8) If at the time of the audit it is found the LPG location is not in compliance with any of the requirements, the State Fire Marshal shall issue a Notice and Order of Correction to the Company Representative.

(9) The NOC will, at a minimum, contain the following information:

(a) The company name;

(b) The address of the location;

(d) The date by which the violations must be abated.

(10) The violations ordered to be abated must be completed or corrected by the date established on the NOC to be no longer than 60 days.

(11) The Company Representative may request additional time to make the corrections. Such a request must be made in writing. A request submitted by electronic mail will be considered as a written request.

(a) The request must be made prior to the abatement due date established in the NOC.

(12) If the violation is not abated by the date specified on the NOC, the location may be placed into Probation.

(13) Failure to fulfill the terms and conditions of the Probation may result in the Suspension of one or more licenses issued to that location or regulated activities.

(14) If the conditions of the NOC, Probation, or Suspension are not resolved to the satisfaction of the State Fire Marshal by the specified deadlines, the location may be subject to license Revocation.

History

Statutory/Other Authority: ORS 480.420 & ORS 476
Statutes/Other Implemented: ORS 480.450
OSFM 3-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 837-030-0280 Fees/Penalties

(1) Fees must be paid to the State Fire Marshal and must accompany the appropriate application.

(2) Payment may be made by personal check, business check, cashier's check, money order, online, or other approved Oregon State Fire Marshal methods, made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal will not take any action on the application until the check has cleared the bank.

(3) Fees for the Liquefied Petroleum Gas Program are located in Oregon Revised Statutes as follows:

(a) Examination Fees — ORS 480.434 Examination of applicants for licenses; issuance of license. Examination fees are non-refundable and non-transferable.

(b) Company License — ORS 480.436 License fees; term of licenses; delinquency penalty.

(d) Truck Equipment Operator License — ORS 480.436 License fees; term of licenses; delinquency penalty.

(e) Company, Fitter, and Truck Equipment Operator License — ORS 480.436 License fees; term of licenses; delinquency penalty.

(f) Plan Review Fee — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

(g) Bulk Plant Inspection Fee — ORS 480.440 Inspection of certain storage tanks. (Excludes initial inspection during plant construction).

(h) Delivery Unit Inspection Fee — ORS 480.440 Inspection of certain storage tanks.

(4) Tank Installation Fees for all tanks — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

(5) Tank Reinspection Fees — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required. 10 year tank inspection fee — ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

(6) Penalty Fees for the Liquefied Petroleum Gas Program are located in Oregon Revised Statutes as follows:

(a) ORS 480.436 License fees; term of licenses; delinquency penalty.

(b) ORS 480.450 Notice of new installations; inspection fees; inspections after original inspection; notice of changes; correction of improper installations required.

History

Statutory/Other Authority: ORS 476 & 480
Statutes/Other Implemented: ORS 480.436, 480.440, 480.450 & 480.460
OSFM 3-2025, amend filed 07/15/2025, effective 07/15/2025
OSFM 10-2012, f. & cert. ef. 10-2-12
OSFM 8-2008, f. 9-26-08, cert. ef. 10-1-08
OSFM 16-2005, f. & cert. ef. 11-9-05
OSFM 2-2004, f. & cert. ef. 1-14-04
Reverted to OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 5-2003(Temp), f. & cert. ef. 11-4-03 thru 12-31-03
OSFM 4-2000, f. & cert. ef. 4-12-00
OSFM 1-2000(Temp), f. & cert. ef. 1-18-00 thru 4-15-00
OSFM 3-1999(Temp), f. & cert. ef. 7-23-99 thru 1-18-00
FM 3-1995, f. & cert. ef. 11-14-95

Division 35 FIRE STANDARD COMPLIANT (REDUCED IGNITION PROPENSITY) CIGARETTES

Or. Admin. R. 837-035-0000 Purpose and Scope

(1) The purpose of these rules is to implement the standards, policies and procedures for fire standard compliant (reduced ignition propensity) cigarettes.

(2) The scope of these rules applies to the implementation of ORS 476.755 through 476.806 and 476.995, relating to fire standard compliant (reduced ignition propensity) cigarettes.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0020 Effective Dates

OAR 837-035-0000 through 837-035-0340 are effective upon date of filing.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0040 Definitions

For the purpose of these rules, the following definitions apply to OAR 837-035-0000 through 837-035-0340:

(1) “Authorized Representative of the State Fire Marshal” means an employee of the State Fire Marshal, as well as Assistants to the State Fire Marshal as defined in ORS 476.060.

(2) “Cigarette” means a roll for smoking:

(a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other non tobacco materials; and

(b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

(3) “Distribute” means to do any of the following:

(a) Sell cigarettes or deliver cigarettes for sale by another person to consumers;

(b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers;

(d) Sell or accept orders for cigarettes to be transported from a point outside this state to a consumer within this state;

(e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state;

(f) Give cigarettes as a sample, prize, gift or other promotion.

(4) “Fire standard compliant” (FSC) cigarette means a cigarette that has been tested and meets the fire safety performance standard described in ORS 476.770.

(5) “Manufacturer” means:

(a) Any entity that produces, or causes the production of, cigarettes for sale in this state;

(b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or

(6) “Packaging” means, but is not limited to, cigarette soft packs, boxes, cartons and cases.

(7) “Quality control and assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing.

(8) “Reduced ignition propensity” means meeting the fire safety performance standard described in ORS 476.770(6), when tested as described in ORS 476.775(2).

(9) “Reduced ignition propensity cigarette” means a cigarette that has been tested as described in ORS 476.775(2), and meets the fire safety performance standard described in ORS 476.770(6).

(10) “Repeatability” means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time.

(11) “Retail dealer” means a person, other than a manufacturer or wholesale dealer that engages in distributing cigarettes.

(12) “Sell” means to transfer, or agree to transfer, title or possession for a monetary or non-monetary consideration.

(13) “Transporter” means any person importing or transporting into this state, or transporting in this state, cigarettes obtained from a source located outside this state, or from any person not licensed as a distributor under ORS 323.005 to 323.482. It does not include a licensed distributor, a common carrier to whom is issued a certificate or permit by the United States Surface Transportation Board to carry commodities in interstate commerce, or to a carrier of federal tax-free cigarettes in bond, or any person transporting no more than 199 cigarettes at any one time.

(14) “Variety” means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics.

(15) “Wholesale dealer” means a person that distributes cigarettes to:

(a) A retail dealer or other person for resale; or

(b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0060 General

(1) All cigarettes sold or offered for sale in Oregon must be fire standard compliant (reduced ignition propensity) as required by ORS 476.760(1).

(2) Initial written certification attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780 and meets the fire safety performance standard under 476.770(6), must be provided to the Oregon State Fire Marshal (OSFM) prior to selling cigarettes. Refer to OAR 837-035-0080 for certification requirements.

(3) Re-certification of cigarettes is required every three years after initial certification. Refer to OAR 837-035-0100 for re-certification requirements.

(4) In addition to the above listed requirements, cigarette manufacturers, wholesaler dealers and retailers who sell cigarettes in Oregon must also comply with:

(a) ORS 476.755 through 476.806;

(b) OAR 837-035-0000 through 837-035-0340;

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0080 Certification Requirements

(1) Cigarette manufacturers must submit written certification to the OSFM attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780, and meets the fire safety performance standard under 476.755 through 476.806 as proof that cigarette varieties have reduced ignition propensity.

(2) Certifications are valid for three years from the date of receipt by the OSFM.

(3) Written certifications must fulfill the requirements of ORS 476.780, for each cigarette variety. In particular, certifications must contain the following information for each variety of cigarette listed:

(a) The brand name shown on the cigarette packaging;

(b) The style or pack identifier;

(d) The circumference in millimeters;

(e) The flavor, such as menthol or chocolate, if applicable;

(f) Whether the cigarette is filtered or nonfiltered;

(g) A packaging description, such as soft pack or box;

(h) A description of the packaging marking approved by the OSFM under ORS 476.785;

(i) The name, address and telephone number of the laboratory conducting the ignition propensity testing, if other than the laboratory of the manufacturer;

(j) The date of the ignition propensity testing.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0100 Recertification Requirements

(1) Manufacturers must provide written re-certification to the OSFM within three years after the initial certification was received by the OSFM, and each three year period afterward.

(2) The re-certification must fulfill the requirements of ORS 476.780, for each cigarette variety.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0120 Test Method

(1) Cigarette varieties must be tested using the American Society for Testing & Materials (ASTM) International specification E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes or another test method approved by the OSFM consistent with ORS 476.770.

(2) The laboratory conducting ignition propensity testing must have a quality control and assurance program. The program must ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatability value of ignition propensity testing may not be greater than 0.19.

(3) Ignition propensity testing used in a manufacturer certification submitted to the OSFM must be conducted in a laboratory accredited under:

(a) The International Organization for Standardization/International Electrotechnical Commission ISO/IEC 17025 Standard of International Organization for Standardization, or

(b) A standard recognized by the OSFM consistent with ORS 476.775(b).

(4) Refer to ORS 476.770 and 476.775 for all testing and quality control requirements.

(5) A cigarette manufacturer may propose a test method and performance standard if OSFM determines that a variety of cigarettes cannot be tested as described in OAR 837-035-0120(1). Upon approval by the OSFM, the manufacturer may use the test method and performance standard to certify the cigarette.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0140 Performance Standard

(1) As required by ORS 476.770(6), no more than 25 percent of the cigarettes tested in a complete test trial conducted in accordance with an ignition propensity testing method described in 476.775, may exhibit full length burns.

(2) Each cigarette listed in a certification using lowered permeability bands in the cigarette paper to achieve compliance must have (for cigarettes on which the bands are not positioned by design):

(a) At least two nominally identical bands on the paper surrounding the tobacco column; and

(b) At least one complete band must be located at least 15 millimeters from the lighting end of the cigarette.

(3) For cigarettes on which the bands are positioned by design, there must be:

(a) At least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column; or

(b) 10 millimeters from the labeled end of the tobacco column for a non-filtered cigarette.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0160 Packaging Marking

(1) Manufacturers must mark all packaging for cigarettes to indicate that cigarettes sold in this state are fire standard compliant (reduced ignition propensity). A manufacturer must submit to the State Fire Marshal a proposal for marking cigarette packaging. Proposed packaging marking must be in eight-point font or larger and consist of one of the following:

(a) Modification of the universal product code to indicate a visible mark printed at or around the universal product code. The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the universal product code;

(b) A visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping;

(c) Printed, stamped, engraved or embossed test indicating the cigarettes meet the fire safety performance standard established in ORS 476.770(6).

(2) The OSFM will approve or disapprove the proposal for packaging marking, and packaging marking proposals not approved or denied by the OSFM within 10 days of receipt are deemed approved. In determining whether to approve or disapprove a proposal for packaging marking, the OSFM must approve packaging marking with the letters "FSC" (signifying fire standard compliant).

(3) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0180 Modification of Packaging Markings

(1) Any proposed modifications to packaging markings must be submitted to the OSFM for approval before use.

(2) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0200 Manufacturer Requirements

(1) In addition to the requirements of this division, manufacturers may sell only cigarettes that are fire standard compliant (reduced ignition propensity) to Oregon wholesaler and retailer dealers.

(2) Manufacturers of any cigarette varieties must submit written certification to the OSFM and their wholesale dealers ensuring their cigarettes are fire standard compliant (reduced ignition propensity).

(3) If a manufacturer makes any changes to a cigarette that are likely to alter the cigarette's compliance with the fire safety performance standard described in ORS 476.770(6), the manufacturer must retest to ensure the cigarette still is fire standard compliant (reduced ignition propensity) before distributing.

(4) Manufacturers must retain copies of all test data for at least three years, and provide test data to the OSFM or Attorney General upon request.

(5) Manufacturers must submit proposals for packaging marking to the OSFM for approval. Refer to OAR 837-035-0160 for packaging marking requirements.

(6) Manufacturers must provide enough copies of the packaging marking illustration to wholesale dealers to allow them to provide one copy to each retail dealer.

(7) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0220 Wholesale Dealer Requirements

(1) Wholesale dealers must provide one copy of the manufacturer's cigarette packaging marking illustration to each retail dealer.

(2) Wholesale dealers may sell only fire standard compliant/reduced ignition propensity cigarettes.

(3) Wholesale dealers may house non-compliant cigarettes in Oregon, provided they are not to be sold in Oregon.

(4) Violations of this section are subject to a civil penalty as referenced in ORS 476.765, 476.995 and OAR 837-035-0320.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0240 Retail Dealer Requirements

(1) Retail dealers may sell only fire standard compliant/reduced ignition propensity cigarettes.

(2) Violations of this section are subject to a civil penalty as referenced in ORS 476.765 and OAR 837-035-0320.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 1-2012, f. & cert. ef. 1-24-12
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0260 Inspections

The OSFM or an authorized representative may inspect Oregon wholesale dealers, agents, and retailers for compliance with ORS 476.760. Inspections include packaging, certification, cigarettes, and any other documents to determine compliance with ORS 476.760, 476.770 and 476.785.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0280 Cooperative Agreements

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.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0300 Seizure of Non-Compliant Product

(1) The OSFM, or an authorized representative, may seize and make subject to forfeiture any cigarette that:

(a) Is not fire standard compliant/reduced ignition propensity;

(b) Bears a packaging marking not approved by the OSFM.

(2) If seized cigarettes are determined to be non-compliant, the manufacturer will be given the opportunity to inspect the cigarettes and packaging.

(3) Non-compliant cigarettes that have been forfeited must be destroyed by the OSFM only after allowing the manufacturer to inspect the cigarettes and packaging.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0320 Civil Penalties

(1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of ORS 476.760 through 476.806, or OAR 837-035-0000 through 837-035-0340. Refer to the following penalty matrix for penalties established by ORS 476.995:

(a) Distributing or offering to sell non-compliant cigarettes to a wholesale or retail dealer: $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater;

(b) Distributing or offering to sell not more than 1,000 non-compliant cigarettes to consumers: $500;

(c) Distributing or offering to sell more than 1,000 non-compliant cigarettes to consumers: $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.

(2) Each day a person distributes or offers to sell cigarettes after being notified by the OSFM that the distribution or offer to sell cigarettes is in violation of ORS 476.760, constitutes a separate violation and subjects the person to additional civil penalties.

(3) All monies collected from civil penalties are to be deposited to the Cigarette Fire Safety Fund of the OSFM.

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Or. Admin. R. 837-035-0340 Procedures, Hearings and Judicial Review

(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 violatio;

(b) Recover civil penaltie;

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995
OSFM 3-2007, f. & cert. ef. 11-16-07
OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07

Division 39 ADMINISTRATION OF FIRE PREVENTION PROGRAMS

Or. Admin. R. 837-039-0001 Scope and Application

(1) This Division improves fire protection services by:

(a) Eliminating duplication in the administration of state and local fire protection programs;

(b) Giving the regulated community reasonable notice of how governmental subdivisions must enforce fire regulations and provide fire prevention services; and

(c) Providing a procedure to assure that fire codes adopted and administered by local governmental subdivisions are consistent with the minimum standards established by the State Fire Marshal.

(2) This Division includes six program elements:

(a) The criteria and application procedures to be used by governmental subdivisions applying for exempt status under ORS 476.030(3);

(b) The evaluation process to be used by the State Fire Marshal to assure that the adoption and administration of local fire codes equal or exceed those adopted and administered by the Department of the State Fire Marshal;

(c) A description of those programs which must not be delegated to local jurisdictions under the exempt jurisdiction program;

(d) A description of nonexempt jurisdictions’ responsibilities under ORS 476.060 and the enforcement activities including imminent life or property threats, and inspection and enforcement of the state fire code.

(e) A description of the appeals process to be used for fire code inconsistency findings, denied applications for exempt status, or for terminations of exempt status.

(f) The certification and training requirements for plan reviews and conducting fire code enforcement related to a fire official’s scope of practice.

(3) This Division does not provide for the creation of fully exempt jurisdictions in the State of Oregon.

NOTE: There has been some confusion in past years as to the scope of the exempt jurisdiction program. Although ORS 476.030(3) authorizes the State Fire Marshal to "fully" exempt qualifying local governmental subdivisions from the State's fire laws, the State has not done so. There are some programs which have statewide impact and are, therefore, more reasonably managed at the state level. See OAR 837-039-0050.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476
OSFM 50-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0003 Definitions

(1) "Administration" (or "administrative") means the inspection, enforcement and record-keeping systems used in the management of a fire prevention/investigation program.

(2) "Appeal" means the delegated appeals process as stated in section 12 of this rule which is offered to an aggrieved party by the authority having jurisdiction which:

(a) Assures the aggrieved party is given the due process of law;

(b) Is in response to the aggrieved party having received an order from the authority having jurisdiction;

(d) Is consistent with the lawful authority of the authority having jurisdiction.

(3) "Assistant" means an Assistant to the State Fire Marshal under ORS 476.060, including, but not limited to, "all fire marshals in those governmental subdivisions having such officers, and where no such officer exists, the chief of the fire department of every city or rural fire protection district in which a fire department is established.”

(4) "Authority Having Jurisdiction" means a local governmental subdivision recognized by the State Fire Marshal under this Division including, but not limited to:

(a) Municipal fire departments operated under home rule charter;

(b) Rural fire protection districts operating under ORS 478;

(d) Public fire protection agencies not described above, and which are subject to the laws of the State of Oregon.

(5) “Classroom” means an instructional environment the instructor believes is most conducive for the student to learn the material in a specific unit.

(6) “Company Inspector” means an individual who has met the education and job performance requirements to conduct basic fire code enforcement in Business Group B occupancies and Mercantile Group M occupancies with no high-piled or rack storage, Residential Group R-1 and R-2 occupancies with 15 or fewer rooms and self-storage facilities.

(7) "DPSST" means the Department of Public Safety Standards and Training.

(8) “DPSST’s NFPA Fire Inspector I” means an individual who has been certified by DPSST for meeting the requisite knowledge and skills identified in the DPSST NFPA Fire Inspector I task book to conduct basic fire code enforcement and apply codes and standards.

(9) “DPSST’s NFPA Fire Inspector II” means an individual who has been certified by DPSST for meeting the requisite knowledge and requisite skills identified in the DPSST NFPA Fire Inspector I and II task books to conduct moderately technically challenging fire code enforcement and interpret codes and standards.

(10) “DPSST’s NFPA Fire Inspector III” means an individual who has been certified by DPSST for meeting the requisite knowledge and requisite skills identified in the DPSST NFPA Fire Inspector I, II, and III task books to conduct advanced technically challenging fire code enforcement and resolve complex code-related issues.

(11) “DPSST’s NFPA Fire Investigator” means an individual who has been certified by DPSST for meeting the requisite knowledge and skills identified in the DPSST NFPA Fire Investigator task book to conduct an investigation of a fire for its origin and cause.

(12) "Delegated Appeals Process" means an administrative procedure established by an exempt authority which the State Fire Marshal has found to be the equivalent of a contested case proceeding established under ORS Chapter 183.417 and the appeals process established under 479.180.

(13) "Deputy State Fire Marshal" means an employee of the Office of State Fire Marshal as authorized in ORS 476.040.

(14) "Enforcement" means the investigation, inspection, citation, and/or prosecution of alleged violations of state and local fire protection laws, rules and regulations.

(15) "Exempt Jurisdiction" means any local governmental subdivision which through application has been granted partial exemption by the State Fire Marshal from statutes, rules and regulations administered by the State Fire Marshal as authorized in ORS 476.030(3) and as defined in this Division.

(16) “Exempt Jurisdiction Committee” means the Fire Marshal, or their designee, from each Exempt Jurisdiction.

(17) "Fire Code" means the Oregon Fire Code and local government regulations which are adopted in conformance with this Division.

(18) “Fire Code Official” means the fire chief or other designated authority charged with the administration and enforcement of the fire code, or duly authorized representative.

(19) “Fire Official” means any individual authorized to enforce the state or local fire code.

(20) "Local Appeals Process" means the administrative procedure adopted and operated by a local government subdivision under local ordinance or resolution.

(21) “Local Governmental Subdivision" means a city, county or rural fire protection district whose function includes regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations.

(22) “NFPA” means National Fire Protection Association.

(23) "Nonexempt Jurisdiction" means a local governmental subdivision which has not applied for and been granted exempt status by the State Fire Marshal under this Division.

(24) “Oregon Fire Code” means all Oregon fire protection statutes and the administrative rules of the State Fire Marshal adopted in accordance with ORS 476.030(1).

(25) "Partially Exempt Jurisdiction" means a local governmental subdivision which has received authorization from the State Fire Marshal under this Division to administer specified fire prevention programs within its legally established political boundary.

(26) "Promulgate" means to lawfully develop and adopt an administrative rule, local ordinance, code or regulation authorized by law.

(27) “Requisite Knowledge” means the fundamental knowledge one must have in order to perform a specific task.

(28) “Requisite Skills” means the essential skills one must have in order to perform a specific task.

(29) “Scope of Practice” means an established list of competencies that are required to administer the Oregon fire code in an elected range of complexity.

(30) "Service Area" means the geographic area contained within the municipal city limits, corporate boundaries of the fire district or areas to which the Exempt Jurisdiction provides fire protection and prevention services under contract.

(31) "State Appeals Process" means an administrative contested case proceeding under ORS Chapter 183 and, if applicable, the accelerated appeals process established under ORS 479.180.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476
OSFM 3-2022, amend filed 12/27/2022, effective 01/01/2023
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0006 Minimum Fire Code Requirements

(1) Under ORS 476.030 and 476.120, the State Fire Marshal is responsible for promulgating rules and regulations which establish minimum standards for the protection of life and property from the dangers of fire.

(2) To meet this responsibility and to promote uniformity, the State Fire Marshal must assure that locally adopted fire codes in both exempt and non-exempt jurisdictions are consistent with minimum state fire code standards. Therefore, in adopting a fire code, local governmental subdivisions must:

(a) Adopt by reference the fire code promulgated by the State Fire Marshal; or

(b) Adopt a code that is consistent with state fire protection statutes and, is equal to or more stringent than, the fire code promulgated by the State Fire Marshal.

(3) Nothing in this Division requires a local governmental subdivision to adopt a fire code.

(4) Nothing in this Division may prevent a local governmental subdivision from adopting a fire code which is more stringent than the State Fire Code, if such local fire code is otherwise lawful.

(5) When an authority having jurisdiction proposes a new local fire code, or proposes to amend an existing fire code, they must provide a draft copy of the proposed fire code or amendment to the State Fire Marshal for a pre-adoption evaluation at the earliest date possible prior to final adoption and a final copy within 30 days after adoption.

(6) The State Fire Marshal must evaluate the fire codes or amendments submitted under section (5) to assure conformity with state fire protection statutes and the minimum standards established by the State Fire Marshal.

(7) When the State Fire Marshal determines that a fire code submitted under section (5) of this rule conforms to minimum state standards, the State Fire Marshal must issue a consistency finding at the earliest date possible.

(8) When the State Fire Marshal determines that a fire code or amendment submitted under section (5) of this rule does not meet minimum state standards, the State Fire Marshal must:

(a) Notify the authority having jurisdiction of the proposed finding; and

(b) Give the authority having jurisdiction a reasonable time to amend or delete such inconsistencies.

(9) When the State Fire Marshal issues a proposed inconsistency finding under section (8) of this rule, and the authority having jurisdiction disagrees with the proposed finding, the aggrieved party may within 20 days of receiving the inconsistency finding appeal and request a contested case hearing under ORS Chapter 183 and OAR 837-039-0041. Thereafter, the State Fire Marshal must process the appeal within a reasonable time.

(10) When an appeal is not filed within 20 days of notification, and the authority having jurisdiction has failed to delete or amend the inconsistent fire code provision identified by the State Fire Marshal, a final inconsistency finding must be issued.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3) & 476.120
OSFM 4-2018, minor correction filed 09/14/2018, effective 09/14/2018
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0015
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 8-2006, f. & cert. ef. 5-22-06
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
FM 2-1988, f. & cert. ef. 2-17-88
FM 3-1978, f. & cert. ef. 6-16-78

Or. Admin. R. 837-039-0011 Certification and Training Requirements for Plan Review

(1) These rules establish standards for certification of fire officials who review plans for input to a building official for new construction, alterations, and specifications from a Fire Code approved by the State Fire Marshal.

(2) All fire officials who review plans for new construction, alterations, and specifications must obtain an ICC Fire Inspector II and ICC Fire Plans Examiner certification or equivalent certification approved by the State Fire Marshal.

(3) Fire Officials who review plans only for fire department access and fire protection water supplies shall complete the Access and Water Supply course provided by the Department of the State Fire Marshal.

(4) All Fire Chiefs and Assistants to the State Fire Marshal meeting the definition under ORS 476.060 shall complete the Authorities and Responsibilities course provided by the Department of the State Fire Marshal.

(5) The Authority Having Jurisdiction must maintain appropriate documentation of the required certifications outlined in OAR 837-039-0011(2).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.165
Statutes/Other Implemented: ORS 479.165 & ORS 476.020
OSFM 3-2022, amend filed 12/27/2022, effective 01/01/2023
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0110
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 8-2006, f. & cert. ef. 5-22-06
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 3-1994, f. & cert. ef. 3-1-94

Or. Admin. R. 837-039-0016 Certification and Training Requirements for Conducting Fire Code Enforcement

(1) These rules establish statewide standards for certification and training requirements of fire officials responsible for administration of a Fire Code approved by the State Fire Marshal.

(a) Every person who performs fire code enforcement must possess an Oregon Fire and Life Safety Competency Recognition certificate from the Department of the State Fire Marshal for the scope of work being performed.

(b) Every person who is transitioning between recognition levels or newly hired must receive the necessary on-the-job training experience and related technical instruction under the direct supervision of an appropriately recognized fire official.

(A) When the fire code official determines that a newly promoted or hired fire official responsible for fire code enforcement are fully qualified to perform the duties of an Oregon Fire Inspector I, II, or Oregon Fire Marshal, the newly hired fire official may work independently without direct supervision.

(B) The newly promoted or hired fire official responsible for fire code enforcement must meet the requirements of OAR 837-039-0016(1)(a) within 12 months from date of hire.

(2) All persons who seek to perform fire code inspections within the scope of practice of a Company Inspector must successfully complete the Company Inspector course provided by the Department of the State Fire Marshal.

(a) This course will also be made available to be taught by a qualified instructor of a local Authority Having Jurisdiction.

(b) Qualified instructors can apply through the Department of the State Fire Marshal to obtain the curriculum and to teach the course for their local Jurisdiction. Course curriculum shall not be altered without approval of the Department of the State Fire Marshal.

(3) All persons who seek to perform the scope of practice of an Oregon Fire Inspector I shall possess an ICC Fire Inspector I Certification, NFPA Fire Inspector I Certification and have completed the Building Code, Mechanical Code courses and completed the Oregon Fire Code Update course for each Oregon Fire Code adoption cycle provided by the Department of the State Fire Marshal.

(4) All persons who seek to perform the scope of practice of an Oregon Fire Inspector II shall possess, in addition to the requirements of OAR 837-039-0016(3), an ICC Fire Inspector II Certification and NFPA Fire Inspector II Certification.

(5) All persons who seek to perform the scope of practice of an Oregon Fire Marshal shall complete, in addition to the requirements of OAR 837-039-0016(3) and OAR 837-039-0016(4), the Oregon Fire Marshal course provided by the Department of the State Fire Marshal.

(6) To obtain a Fire and Life Safety Competency Recognition certificate, an application to the Department of the State Fire Marshal must be submitted. The application will be submitted by the local Authority Having Jurisdiction verifying and attesting that the required training and certifications outlined in OAR 837-039-0016(3), OAR 837-039-0016(4) and/or OAR 837-039-0016(5) have been met prior to the submission of the application.

(7) Any Competency Recognition certificate is considered not active if any of the required trainings or certifications outlined in OAR 837-039-0016(3) and/or OAR 837-039-0016(4) lapse or the person is no longer employed by a local Authority Having Jurisdiction within Oregon. To reactivate a Competency Recognition certificate, the local Authority Having Jurisdiction shall submit a new application to the Department of the State Fire Marshal.

(8) Fire officials who do not have a current Oregon Fire Inspector I, II or Oregon Fire Marshal certificate shall not perform work within the respective scope of practice.

(9) Any fire official who is currently employed by a local Authority Having Jurisdiction in Oregon and holds a Fire and Life Safety Specialist I certificate, Fire and Life Safety Specialist II certificate or Oregon Fire Marshal certificate prior to January 1, 2023, shall be grandfathered into the new recognition levels based on their equivalent level and will be subject to the current rules as of January 1, 2023, as outlined in OAR 837-039-0016.

History

Statutory/Other Authority: ORS 476.030(1)
Statutes/Other Implemented: ORS 476.030 & ORS 476.020
OSFM 3-2022, amend filed 12/27/2022, effective 01/01/2023
OSFM 10-2018, minor correction filed 12/03/2018, effective 12/03/2018
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0120
OSFM 4-2008, f. & cert. ef. 7-2-08

Or. Admin. R. 837-039-0031 Applications for Exempt Status

(1) Local governmental subdivisions seeking exempt status must submit a written request to the State Fire Marshal that describes in detail the scope of the proposed exemption.

(2) The request must include a detailed explanation of the fire prevention and investigation programs to be provided by the requesting jurisdiction and the jurisdiction’s qualifications to provide them. Such programs must include but are not limited to:

(a) A plan to enforce a fire code that includes a statement that a local Delegated Appeals process exists and how that appeals process generally conforms to ORS 476.113(2) and 115.

(b) A plan to provide fire origin and cause determination.

(3) Such programs shall provide an assessment of the local need for, and a plan to address if need is identified:

(a) Youth firesetter intervention services to include:

(A) Use of a Youth with Fire Screening Tool; and

(B) DPSST certified JFS (Youth) Fire Prevention Interventionists; and

(b) Fire and life safety education to include:

(A) Programs based on data and metrics to support what impacts your community most; and

(B) Direct contact with the target audience; and

(D) Planning efforts based on evaluation results; and

(E) Outreach and education to targeted audiences within the community.

(4) The request must include such documentation and supportive materials as may be necessary to support the exemption request, including a copy of any locally adopted fire code and intergovernmental agreements.

(5) The State Fire Marshal must distribute copies of the request(s) to each of the Exempt Jurisdiction Committee members, requesting them to conduct an advisory review within 60 days of receiving the material as to the sufficiency of the application. Such advisories, both individually and collectively, shall not be binding on the State Fire Marshal but may be considered by the State Fire Marshal in deciding whether to grant the exemption.

(6) The State Fire Marshal must determine whether to grant the exemption and notify the applicant accordingly within 30 days of receipt of the committee’s written advisory.

NOTE: Submitting a business plan demonstrating measurable goals and objectives in each of the categories is the method of explaining the proposed programs preferred by the State Fire Marshal. However, other formats may be used if they adequately demonstrate what must be done and how it is accomplished

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3)
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0010
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 12-2006, f. & cert. ef. 6-29-06
OSFM 8-2006, f. & cert. ef. 5-22-06
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92
FM 2-1988, f. & cert. ef. 2-17-88
FM 5-1978, f. & cert. ef. 9-29-78
FM 3-1978, f. & cert. ef. 6-16-78

Or. Admin. R. 837-039-0035 Exempt Status Renewal and Termination

(1) Once granted, exempt status may remain in effect:

(a) Unless terminated by the State Fire Marshal for cause pursuant to ORS 476.030(3) and OAR 837-039-0041; or

(b) Upon 90 days written termination notice by the exempt jurisdiction to the State Fire Marshal; or

(c) Unless there is an unsatisfactory biennial review by the State Fire Marshal of the exempt authority's program and administration.

(2) The Exempt Jurisdiction shall re-affirm their intention to extend their exemption at least 30 days prior to the termination of their current two-year period pursuant to ORS 476.030(3) and OAR 837-039-0041.

(3) Application for renewal of exemption shall be made on a form approved by the State Fire Marshal.

(4) An application for renewal shall attest that the last OSFM-approved plan for the Exempt Jurisdiction fire prevention and investigation program is being maintained as required in OAR 837-039-0031.

(5) Department of the State Fire Marshal shall review the application and reply to the applicant in writing within 30 days with acceptance, denial or request for additional information.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3)
OSFM 49-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 5-2018, minor correction filed 09/14/2018, effective 09/14/2018
OSFM 1-2018, minor correction filed 04/10/2018, effective 04/10/2018
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17

Or. Admin. R. 837-039-0041 Appeals of Termination of Exempt Status

(1) When a termination is proposed under section (1) of this rule, the State Fire Marshal must give the affected jurisdiction written notice at least 30 days before a proposed termination becomes effective.

(2) An affected jurisdiction may appeal in writing any refusal of the State Fire Marshal to grant an approval or a proposed termination.

(3) Upon receipt of an appeal under section (3) of this rule, the State Fire Marshal must initiate an administrative appeals process. The process must conform to the contested case provisions of ORS Chapter 183.

(4) The results of the appeals process conducted under section (4) of this rule must be final and thereafter not appealable.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3)
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17, Renumbered from 837-039-0055
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00, Renumbered from 837-039-0100
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0045 Exemption Criteria

(1) In order to qualify for partially exempt status, an Exempt Jurisdiction must provide evidence that they effectively administer and enforce the fire code sections specified in their application.

(2) The ability to effectively administer a fire code is demonstrated by meeting or exceeding the qualifications described in this section.

(3) Exempt Jurisdiction shall employ a sufficient number of competent fire code administration and inspection staff as outlined in OAR 837-039-0016 adequate to:

(a) Inspect regulated buildings on a frequency they deem necessary to provide a reasonable level of fire and life safety in the applicant's service area.

(b) Conduct inspections in their service area of:

(A) Adult Foster Homes shall be inspected upon request per ORS 476.030(5) and (6); and

(B) Institutional facilities per ORS 479.210 such as residential child caring facilities, inpatient care facilities, and residential facilities shall be inspected annually per ORS 479.215. The OSFM will provide annually a list of all facilities to be inspected; and

(D) Educational facilities grades K-12 shall be inspected every two years as permitted by ORS 476.070 and 476.150.

(E) Nonresidential licensed daycare facilities– shall be inspected upon request per ORS 329A.260(2) and OAR 414-300-0010(13).

(d) Make necessary re inspections at appropriate intervals to assure compliance with correction orders issued in response to noted deficiencies in the applicant's service area; and

(e) Make necessary special inspections as warranted for unusual conditions, including but not limited to, response to complaints of special hazards and special events requiring supervision in the applicant's service area.

(4) Applicants must provide a copy of written agreement required by ORS 455.148(8) with all authorities responsible for structural fire safety and fire protection within an exempt jurisdiction service area.

(5) Applicants must:

(a) Provide the services specified in this rule to all service areas.

(b) Have the ability to provide a delegated appeals process upon the request of any party who may receive a fire code compliance order issued by the applicant. Such appeal process must generally conform to a contested case proceedings described under ORS Chapter 183.417 unless otherwise provided for by state law; or

(c) Establish or maintain a fire code appeals board generally performing the functions outlined in ORS 476.115. If such appeals board meets the criteria established in subsection (5)(c) of this rule, the board may hear local and delegated appeals and rule on fire code or other issues such as alleged unnecessary hardship, inconsistent regulations, requests for alternate materials or methods, etc.

(6) The fire code delegated appeals process or board established under section (5)(b) of this rule must:

(a) Coordinate the interpretation of state fire laws with the State Fire Marshal to assure uniformity; and

(b) Submit a written summary of the results of any fire code appeal to the State Fire Marshal within 30 days of issuance of a final order.

(7) Exempt Jurisdictions shall employ an adequate number of fire investigation personnel to investigate the origin, cause, and circumstances of those fires, where the investigation is not completed at the company level, within the applicant’s jurisdiction. Applicants must substantiate that their investigators are reasonably qualified through:

(a) Being DPSST certified as a NFPA Fire Investigator; or

(b) Possess the nationally recognized certification of Certified Fire Investigator (CFI) issued by the International Association of Arson Investigators (IAAI) or Certified Fire and Explosion Investigator (CFEI) issued by the National Association of Fire Investigators (NAFI); or

(c) Possess a state or federal certification that fully meets the requirements set forth in the National Fire Protection Association 1033 Professional Qualifications for Fire Investigator.

(8) To the extent of the proposed exemption identified per OAR 837-039-0031(3), exempt jurisdictions must employ an adequate number of trained personnel, as determined by the jurisdiction to provide an effective:

(a) Youth fire setter intervention services for the identified need in the jurisdiction's service area.

(b) Fire prevention education for the identified need in the jurisdiction’s service area.

(9) To the extent of the proposed exemption, applicants must maintain records of their fire code administration and delegated appeal activities or other related functions as follows:

(a) Fire prevention inspection records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(b) Records of fire code appeals must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(c) Fire investigation records which document a loss of life must be maintained for a period of 75 years. Other investigation records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(d) Records of any public fire education efforts must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(e) Records not otherwise described in this section must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(10) In the event an exempt jurisdiction ceases for any reason to be exempt, all records described in this section must be maintained by the jurisdiction as per the Records Retention Schedule of the Secretary of State Archives Division.

(11) Applicants must forward to the State Fire Marshal a written annual report which:

(a) Clearly describes the fire prevention and investigation activities of the applicant;

(b) Is on a calendar year basis; and

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3)
OSFM 6-2018, minor correction filed 09/14/2018, effective 09/14/2018
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17

Or. Admin. R. 837-039-0050 Programs Eligible for Delegation

(1) As indicated by statutory reference and title, the administration of the following functional areas must be retained in all cases by the State Fire Marshal:

(a) ORS 453.307 through 453.414, Community Information on Hazardous Substances;

(b) ORS 476.055, State Fire Marshal Fund;

(d) ORS 476.090, Record of Fires;

(e) ORS 476.420, Standardization of Existing Fire Protection Equipment; Exemption;

(f) ORS 476.440, Sale of Nonstandard Equipment Prohibited;

(g) ORS 476.510 through 476.610, Protection of Life and Property from Fire in Case of Emergency (Emergency Conflagration Act);

(h) ORS 476.855, Discretionary Powers of the State Fire Marshal;

(i) ORS 476.900 through 476.925, Forest Fire Protection Equipment Acquisition;

(j) Except as otherwise provided in OAR 837, division 40, ORS 480.010 through 480.095, Explosives Generally;

(k) Except as otherwise provided in OAR chapter 837, division 40, ORS 480.200 through 480.280, Manufacture, Sale, Possession and Transfer of Explosives;

(l) Except as otherwise provided in OAR 837, division 12, ORS 480.130, Permits Required for Sale or Public Display of Fireworks; fee.

(m) Except as otherwise provided in OAR 837, division 12, ORS 480.150, Permits for Fireworks Sales or Displays; Rules; Security.

(n) Except as otherwise provided in OAR 837, division 12, ORS 480.156, Sales of Fireworks to Out-of-State Residents;

(o) ORS 480.350, Nonretail Facility License;

(p) ORS 480.355, Conditional Nonretail Facility License;

(q) ORS 480.375(2), Audits of Nonretail Facilities;

(r) ORS 480.432 through 480.440 LPG Licensing Program; and

(s) Those other statutory functions reserved exclusively to the State Fire Marshal.

(2) Although the administration of the functional areas listed in section (1) of this rule are reserved to the State Fire Marshal, nothing in this division prevents an authority having jurisdiction from enforcement of state statutes or the State Fire Code if such provisions are not covered in the Local Fire Code or are more stringent than the Local Fire Code.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030(3)
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0056 Exempt Jurisdiction Committee

(1) An Exempt Jurisdiction Committee should meet bi-annually to make recommendations to the State Fire Marshal on rules, policies and the program relating to their exempt status.

(2) Committee members shall also review new Exempt Jurisdictions application when requested by the State Fire Marshal.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030 & 837-039-0060
OSFM 2-2017, f. 6-26-17, cert. ef. 7-1-17

Or. Admin. R. 837-039-0060 Nonexempt Jurisdictions

(1) Local government subdivisions who have not applied for and been granted exempt status by the State Fire Marshal operate fire code administration programs in conformance with this division.

(2) Under ORS 476.060, public fire marshals and fire chiefs are designated as Assistants to the State Fire Marshal and enforce the fire code in conformance with this division.

(3) There are two areas of nonexempt enforcement activities:

(a) Responses to imminent life or property threats; and

(b) Inspection and enforcement of the state fire code.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.060 & 476.070
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0070 Nonexempt Response to Imminent Life or Property Threats

(1) When an Assistant to the State Fire Marshal in a nonexempt jurisdiction encounters a situation which presents an imminent threat to life or property, the Assistant to the State Fire Marshal must:

(a) Take such measures as are reasonably necessary to stabilize the situation including, but not limited to closing the building or premises for use or occupancy under ORS 479.170 until such dangerous conditions are remedied; and

(b) Notify the Department of the State Fire Marshal.

(2) Any enforcement action taken under this section by an Assistant to the State Fire Marshal must be considered an act of the State Fire Marshal.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.060 & 476.070
OSFM 48-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 4-2008, f. & cert. ef. 7-2-08
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-039-0080 Inspections or Other Activities by Nonexempt Jurisdictions

(1) When an Assistant to the State Fire Marshal in a nonexempt jurisdiction administers a fire prevention program, the Assistant must do so in conformance with this section.

(2) The Assistant to the State Fire Marshal must have a written plan of their fire prevention program which includes and describes the following:

(a) Types of inspection activities;

(b) Frequency of inspections;

(d) Record keeping system.

(3) The Assistant to the State Fire Marshal must ensure personnel that are responsible for fire code administration meet the competency recognition requirements for their scope of practice as outlined in section 837-039-0016.

(4) Records must be maintained of all fire code inspections and reinspections, investigations, appeal activities and any other related functions.

(5) When any lawful order of the Assistant to the State Fire Marshal is appealed, the State Fire Marshal must provide a contested case appeals process under OAR 837-039-0041, unless otherwise provided by law, as follows:

(a) The Assistant to the State Fire Marshal who took the enforcement action which was appealed must be available and prepared to participate in the appeals process;

(b) The State Fire Marshal must pursue and present the state through the appeals process; and

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.070
OSFM 7-2018, minor correction filed 09/14/2018, effective 09/14/2018
OSFM 4-2008, f. & cert. ef. 7-2-08
OSFM 9-2000, f. & cert. ef. 8-22-00
FM 5-1992, f. 6-15-92, cert. ef. 7-15-92

Division 40 FIRE AND LIFE SAFETY REGULATIONS

Or. Admin. R. 837-040-0001 Scope

(1) The International Fire Code and the Oregon amendments represent a total scope of regulation.

(2) None of the individual chapters in the International Fire Code and Oregon amendments are stand alone requirements. (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications.)

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09
OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07
OSFM 9-2006, f. & cert. ef. 6-12-06
OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06
OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04
FM 6-1992, f. 6-15-92, cert. ef. 7-15-92

Or. Admin. R. 837-040-0010 Adoption of the International Fire Code

(1) The Oregon Fire Code is generally adopted every three years, coinciding with the publication of a nationally recognized fire code.

(2) Effective October 1, 2025, the 2025 Oregon Fire Code which is the 2024 edition of the International Fire Code, as published by the International Code Council, and as amended by the Department of the State Fire Marshal, is adopted. (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications.)

(3)(a) For the purposes of implementing a phase-in period for the 2025 Oregon Fire Code in new construction plan review only, the 2022 Oregon Fire Code is adopted for a period of 180-days beginning October 1, 2025 and ending March 31, 2026.

(b) During the 180-day phase-in period established in subsection (3)(a), new construction plan reviews will be reviewed to either the 2025 Oregon Fire Code or the 2022 Oregon Fire Code as directed by the local building official.

(c) For the purposes of implementing an electronic code integration in the records management system (RMS) a phase-in period for the 2025 Oregon Fire Code, the 2022 Oregon Fire Code will remain the adopted code for a period of 180-days beginning October 1, 2025, and ending March 31, 2026.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025
OSFM 47-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2022, amend filed 09/29/2022, effective 10/01/2022
OSFM 10-2019, amend filed 09/27/2019, effective 11/15/2019
OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14
OSFM 4-2010, f. & cert. ef. 11-3-10
OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10
OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10
OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07
OSFM 9-2006, f. & cert. ef. 6-12-06
OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06
OSFM 11-2005, f. & cert. ef. 6-27-05
OSFM 8-2004(Temp), f. 12-29-04, cert. ef. 1-3-05 thru 6-30-05
OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04
OSFM 9-2001, f. 10-3-01, cert. ef. 2-1-02
OSFM 13-2000, f. 10-3-00, cert. ef. 11-1-00
OSFM 3-2000, f. 4-1-00, cert. ef. 5-1-00
OSFM 4-1999, f. 12-29-99, cert. ef. 1-1-00
OSFM 3-1998, f. & cert. ef. 9-30-98
OSFM 1-1998, f. & cert. ef. 4-30-98
FM 2-1996, f. 1-22-96, cert. ef. 4-1-96
FM 6-1992, f. 6-15-92, cert. ef. 7-15-92
FM 6-1990, f. & cert. ef. 9-13-90
FM 3-1989, f. 6-30-89, cert. ef. 7-1-89
FM 5-1986, f. & cert. ef. 4-30-86 & Renumbered from 837-040-0005, Sec. (3) Uniform Fire Code
FM 3-1986, f. & cert. ef. 3-11-86

Or. Admin. R. 837-040-0015 Proposed Code Amendment Criteria

(1) All proposed code amendments are submitted to the Department of the State Fire Marshal in writing or on an agency approved form.

(2) All proposed code amendments must provide justification and the particular circumstances requiring the amendment.

(3) The Department of the State Fire Marshal screens proposed code amendments to determine whether they substantially meet the requirements of OAR 837-040-0015(5). Proposed code amendments not substantially meeting the requirements of 837-040-0015(5) may be returned to the applicant with specific reasons included in the returned application.

(4) Proposed Code amendments that substantially meet the requirements of OAR 837-040-0015(5) will be reviewed by the Oregon Fire Code Advisory Board (OFCAB). Final approval or denial of the proposed code amendment will be at the discretion of the State Fire Marshal.

(5) As required by OAR 837-040-0015(2), a proposed code amendment must address, where applicable, whether or not the proposed code amendment:

(a) Is necessary to correct any unforeseen or probable outcomes resulting from the application of a code section, and if so, why;

(b) Is needed to protect the health, safety, welfare, comfort and security of occupants, emergency responders, and the public, and if so, why;

(d) Is necessary to address unique geographic or climatic conditions within Oregon, and if so, why;

(e) Is needed to eliminate conflicting, obsolete, or duplicative code provisions or standards between Oregon adopted codes, statutes or regulations, and if so, why;

(f) Provides for the use of unique or emerging technologies, or promote advances in construction methods, devices, materials and techniques, and if so, how;

(g) Any adverse fiscal impact or cost savings passed on to the general public, the construction industry, local and state governments, and small businesses. If applicable, an interested person must describe the added or reduced cost of a proposed code amendment, describe the adverse fiscal impact or cost savings in relation to the current Oregon Fire Code and include any standards of measure used to arrive at the result given.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025
OSFM 46-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09

Or. Admin. R. 837-040-0020 Amendments to the Oregon Fire Code

(1) The Department of the State Fire Marshal may amend the Oregon Fire Code approximately midway between publications of the International Fire Code based on proposed code amendments submitted for consideration by interested persons.

(2) Any time between publications of the International Fire Code, the Department of the State Fire Marshal may initiate and adopt code amendments to the Oregon Fire Code, as circumstances merit (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications). [Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025
OSFM 45-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14
OSFM 7-2012, f. 5-16-12, cert. ef. 8-2-12
OSFM 2-2012, f. 1-24-12, cert. ef. 3-1-12
OSFM 5-2012(Temp), f. & cert. ef. 2-10-12 thru 8-3-12
OSFM 4-2011, f. 11-10-11, cert. ef. 1-1-12
OSFM 2-2011, f. 3-15-11, cert. ef. 4-1-11
OSFM 4-2010, f. & cert. ef. 11-3-10
Reverted to OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10
OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10
OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10
OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09
OSFM 6-2008, f. 9-2-08, cert. ef. 10-1-08
OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07
OSFM 9-2006, f. & cert. ef. 6-12-06
OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06

Or. Admin. R. 837-040-0030 Adoption of the Oregon Defensible Space Model Code

(1) The Oregon Defensible Space Model Code is generally adopted every three years, coinciding with the publication of a nationally recognized wildland-urban interface code.

(2) Effective February 26th, 2026, the 2026 Oregon Defensible Space Model Code which is based on Sections 603 and 604 of the 2024 edition of the International Wildland-Urban Interface Code, as published by the International Code Council, best practices specific to this state, and as amended by the Department of the State Fire Marshal, is adopted. [ED. NOTE: Reference publications are available for review at the agency. See the agency website for information on where to purchase publications.]

(3) The local governmental subdivision may elect to legally adopt through a local process the 2026 Oregon Defensible Space Model Code and shall be known hereafter as “the model code."

(a) The local governmental subdivision, after the local adoption process, will be responsible for the enforcement and maintenance of the model code.

(b) Prior to local adoption of the model code, the local governmental subdivision shall notify the Department of the State Fire Marshal.

History

Statutory/Other Authority: ORS 476.030 & ORS 476.392(3)
Statutes/Other Implemented: ORS 476.392(3)
OSFM 2-2026, adopt filed 04/29/2026, effective 04/29/2026

Or. Admin. R. 837-040-0140 Adoption of the Oregon Structural Specialty Code and Oregon Mechanical Specialty Code

The fire and life safety provisions of the 2025 edition of the Oregon Structural Specialty Code and the 2025 edition of the Oregon Mechanical Specialty Code are hereby adopted as standards for the purpose of evaluation of existing buildings. (Referenced publications are available for review at the agency. See Building Codes Division web site for information on where to purchase publications.)

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 6-2025, amend filed 09/23/2025, effective 10/01/2025
OSFM 2-2022, amend filed 09/29/2022, effective 10/01/2022
OSFM 2-2014, f. 5-7-14, cert. ef. 7-1-14
OSFM 4-2010, f. & cert. ef. 11-3-10
Reverted to OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10
OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10
OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10
OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07
OSFM 9-2006, f. & cert. ef. 6-12-06
OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06
OSFM 4-2004, f. 3-26-04, cert. ef. 10-1-04
OSFM 9-2001, f. 10-3-01, cert. ef. 2-1-02
OSFM 1-1998, f. & cert. ef. 4-30-98

Division 41 FIRE PROTECTION REGULATIONS RELATING TO EXISTING NON-CONFORMING, HIGH LIFE HAZARD FACILITIES

Or. Admin. R. 837-041-0050 Protection of the Means of Egress — General Provisions, Exitway Protection

(1) "High Life Hazard" definition: For the purpose of this rule, a "high life hazard" is any condition, or combination of conditions, where a reasonable adequate level of exiting safety has not been provided for the building occupants in the event of a fire or fire-related emergency.

(2) All existing buildings and structures, that constitute a high hazard to the occupants in the event of a fire or fire-related emergency, other than institutional, group care and single family dwelling occupancies, must provide a reasonable adequate level of exiting safety through substantial compliance with the requirements for new construction under the 2010 Edition of Oregon Structural Specialty Code, or any of the following methods or combinations thereof which the State Fire Marshal or deputy approved for the building or structure:

(a) A partial automatic sprinkler system as specified in N.F.P.A. Standard No. 13, 2007, installed throughout the complete exit system and inside every unprotected opening into the exit system. The sprinkler system must be fitted with a swing check valve on the supply side and a fire department connection, except that the fire department connection may be omitted when waived by the authority having jurisdiction. A water flow detection device must be installed that sounds an alarm on the premises or when a building has a fire alarm system, the device is connected into the building fire alarm system.

(b) An automatic smoke detection system engineered specifically for life safety and early warning, installed throughout the premises as specified in N.F.P.A. Standard No. 72 2007 Edition. Heat detectors may be installed in place of smoke detectors in mechanical service rooms, storage rooms, kitchens, custodial closets, and areas not normally occupied or traversed by people. Fire detection system(s) must be interconnected with the building evacuation fire alarm system.

EXCEPTION: In Group E Occupancies, detectors shall not be required in classrooms normally under the direct supervision of a staff member unless required by other Oregon Revised Statutes or Oregon Administrative Rules.

(c) An approved direct means of egress from each room opening to the outside at ground level. Direct exterior exits must consist of doors, landings, and necessary stairs or ramps complying with the 2010 Edition of the Oregon Structural Specialty Code.

(d) Any other plan submitted by the owner, lessee, agent, or occupant and certified by a registered architect or engineer of the State of Oregon of reasonably adequate expertise in fire and life safety, which will provide a reasonable adequate level of exiting safety from the building or structure in the event of a fire or fire-related emergency.

(3) In determining whether a building or structure constitutes a high life hazard and in determining whether to approve a method of improvement, the State Fire Marshal or deputy shall determine whether the level of hazard is unreasonable by considering among other factors the following:

(a) Type of construction;

(b) Type of use;

(d) Type of contents and equipment;

(e) Fire division walls creating horizontal exits;

(f) Compartmentation;

(g) Areas of refuge;

(h) Ceiling height;

(i) Corridor and stair construction;

(j) Alarm, communication and detection systems;

(k) Fire suppression systems;

(l) Exit design and fire escapes;

(m) Automatic smoke control; and

(n) Fuel loading.

(4) The State Fire Marshal or deputy shall submit to the owner, lessee, agent or occupant written findings setting forth the facts supporting the determination that a high life hazard exists. Except as provided in ORS 479.170, the owner, lessee, agent or occupant must have sixty (60) days after receipt of such findings to propose the method of improvement to the State Fire Marshal or deputy, who shall have sixty (60) days thereafter to approve or disapprove of the proposed method of improvement. If the proposed method of improvement is disapproved by the State Fire Marshal or deputy, a written statement of the reasons for disapproval shall be provided to the owner, lessee, agent or occupant within such sixty (60) day period.

(5) Except for governmental subdivisions exempt under ORS 476.030(3), the owner, lessee, agent or occupant aggrieved by the determination that the building or structure constitutes a high life hazard or by the disapproval of the proposed method of improvement (hereafter the order) and desires a hearing, the owner, lessee, agent or occupant may appeal in writing to the State Fire Marshal within (10) days from the service of the written findings of a high life hazard or the statement of reasons for disapproval of the proposed method of improvement. The appeal must set forth the specific grounds of the appeal and no other grounds shall be considered thereafter. The appeal must be accompanied by a fee of $40 payable to the State Fire Marshal, and the State Fire Marshal may refer the appeal to the Regional Appeal Advisory Board established for that region by notifying the chairman of that board and sending a copy of the notice to the appellant. The Board shall fix a time for a hearing and notify the appellant of the time and place thereof which shall be within ten (10) days after such referral by the State Fire Marshal. If the State Fire Marshal does not refer the matter to a Regional Appeal Advisory Board, the State Fire Marshal shall fix a time and place, not less than five (5) and not more than ten (10) days thereafter, when and where the appeal will be heard by the State Fire Marshal. Within ten (10) days after receiving a recommendation from the Regional Appeal Advisory Board, or if no referral was made to such Board, within ten (10) days after the hearing before the State Fire Marshal, the State Fire Marshal may affirm, modify, revoke or vacate the order. If the State Fire Marshal affirms the order, the State Fire Marshal shall fix the time within which the owner, lessee, agent or occupant must comply with the requirements of this rule. If the State Fire Marshal vacates or revokes the order, or modifies it in any particular manner other than extending time for compliance, the fee paid with the appeal shall be refunded. Otherwise, it shall be credited to appropriate state funds, and the State Fire Marshal shall so notify the State Treasurer.

(6) If the appellant under section (5) of this rule is aggrieved by the final order of the State Fire Marshal, the appellant may, within ten (10) days thereafter, appeal to the circuit court of the county in which the building or structures is situated, in the manner provided in ORS 479.180(2).

(7) In governmental subdivisions exempt under ORS 476.030(3), the owner, lessee, agent or occupant, aggrieved by the determination that the building or structure constitutes a high life hazard or by the disapproval of the proposed method of improvement, and desires a hearing, the owner, lessee, agent or occupant may appeal in writing to the Board of Appeals as provided by the ordinance and rules of the governmental subdivision.

(8) Commentary:

(a) Upgrading deficient exit facilities should always be of primary concern in any occupancy, but it must be recognized that there are degrees of deficiency from a very slight or negligible hazard to what is defined as a high life hazard under this rule. Fire officials should not equate the level of exiting safety required for new construction under the current building code with the reasonably adequate level of exiting safety required by this rule. The intent of this rule is to allow the continued use of existing buildings which provide a level of exit safety that substantially comply with the requirements for new construction under the current building code or use one of the alternatives to come within the range of reasonable safety that the public should be provided. Structural Changes shall not be required in buildings built, occupied and maintained in conformity with state building code regulations applicable at the time of construction, ORS 476.030(c).

NOTE: The state building code was first adopted in 1974.

(b) Rather than looking strictly to the current standard for new construction under the building code, fire officials must use their own judgment on a case-by-case basis as to reasonableness of the degree of hazard and adequacy of exit safety after evaluating all of the relevant factors stated in the rule and any other factors unique to the building or structure (historical structures ORS 476.035). The written findings required by this rule shall list and analyze the relevant factors so that if the determination of the fire official is appealed, a written record of the reasons for the determination will be available for review.

(c) While fire and life safety must be given primary consideration, the determination of whether the existing level of hazard is unreasonable requires the fire official to consider the cost of the possible improvements in relation to the benefits provided by increased exiting safety from such improvements. The cost benefit analysis shall be considered in deciding which method of improvement to approve once the determination of high life hazard has been made.

(d) The rule has been amended to provide greater flexibility in the method of improvement of deficient buildings. The fire official must not approve any proposed plan of improvement unless it will provide the reasonably adequate level of exiting safety required. While the fire official is not expected to plan the method of improvement for the building owner, much time will be saved if the fire official will actively assist the building owner or the owner's engineer in finding the least expensive method of improvement providing the reasonably adequate level of exiting safety.

(e) Substantial compliance with the requirements for new construction under the current building code will often be impossible or so expensive as to be impractical in existing buildings. The approval for one or more of the remaining three alternatives shall always be given on a case-by-case basis after a consideration of all of the same factors considered in determining that the building constitutes a high life hazard and after balancing the costs against the benefits provided by the different methods. For example, in a hotel or apartment building the existence of a passive occupancy where cooking, portable space heaters, smoking in bed and other such activities create a significantly higher risk of undetected and/or uncontrolled fire incidents, the fire official might justifiably refuse to approve any plan that does not include significant use of automatic sprinklers. In contrast, where an active occupancy is involved such as in an office building, approval may be given for a plan of improvement consisting of horizontal exits and areas of refuge.

(f) In approving a plan of improvement, the fire official shall require a commitment to a date of completion for the improvements, but shall allow a sufficient period for completion.

(g) Once the improvement is completed, unless there is a significant change in one or more of the factors considered in the determination of a high life hazard, no further improvements shall be required under this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476
Statutes/Other Implemented: ORS 476.030(C)
OSFM 6-2010, f. & cert. ef. 12-1-10
OSFM 5-2008, f. 8-29-08, cert. ef. 9-1-08
OSFM 7-2001, f. 6-27-01, cert. ef. 7-1-01
FM 7-1981, f. & ef. 11-5-81
FM 68, f. 5-2-75, ef. 5-25-75

Division 42 OREGON FIRE CODE ADVISORY BOARD

Or. Admin. R. 837-042-1000 Purpose and Scope

(1) There is established in the Department of the State Fire Marshal an Oregon Fire Code Advisory Board consisting of seven members.

(2) The Oregon Fire Code Advisory Board shall provide recommendations to the State Fire Marshal in administering the Oregon Fire Code described in ORS 476.030.

(3) Objectives.

(a) To make recommendations to the SFM during Oregon Fire Code adoption cycle (typically every three years) and mid-cycle adoptions.

(b) To identify emerging fire and life safety issues and develop appropriate recommendations to the SFM.

(d) To task the Oregon Fire Code Committee to establish subcommittees as needed for fire and life safety code related issues.

(e) To conduct Oregon Fire Code Advisory Board activities in a manner that effectively utilizes available resources through both public and private stakeholder engagement.

(4) The Department of the State Fire Marshal coordinates the activities of the Oregon Fire Code Advisory Board and all committees therein.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 44-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020

Or. Admin. R. 837-042-1100 Definitions

(1) "Board" means the Oregon Fire Code Advisory Board.

(2) “Interest Form” means an application for consideration submitted by a person expressing interest in serving on an Oregon Code Advisory Board or subcommittee.

(3) “Oregon Fire Code Advisory Board” means a board consisting of appointed members who make recommendations on Oregon Fire Code issues to the State Fire Marshal and provide advice and guidance on issues of code enforcement, regional disputes, policies, and emerging topics that affect the fire protection and life safety of Oregonians.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020

Or. Admin. R. 837-042-1200 Membership

(1) The Oregon Fire Code Advisory Board shall consist of members broadly representative of the industries, associations, and professions involved in the development and implementation of the Oregon Fire Code and Oregon Structural Code, including:

(a) A representative of the Oregon Fire Chiefs Association;

(b) Two representatives of the Oregon Fire Marshals Association;

(d) A design professional;

(e) A representative of business or industry; and

(f) A public member at large.

(2) Applying for an appointment to the Oregon Fire Code Advisory Board.

(a) Board members from stakeholder groups may serve two consecutive 3-year terms; however, initial terms may be adjusted to ensure board stability.

(b) An interest form must be submitted to the Department of the State Fire Marshal in order to be considered for an appointment to the board.

(c) Any interested person may submit a completed interest form to the Department of the State Fire Marshal in order to apply for an appointment to the Oregon Fire Code Advisory Board.

(d) Interest forms are available on the Department of the State Fire Marshal website or by email upon request.

(e) Completed interest forms will be kept on file for a period of two years for future consideration. Interest forms will be destroyed after two years have elapsed from the date the form was received by the Department of the State Fire Marshal.

(f) The Department of the State Fire Marshal will acknowledge receipt of each completed interest form.

(3) Vacancies.

(a) A vacancy exists when a board member subject to this rule completes the term for that position: resigns; becomes incapacitated, or is otherwise incapable of performing the duties of a member; has been removed from the appointment for just cause; is not reappointed; is no longer employed in the position that the appointment represents; or is no longer affiliated with the association or organization that the appointment represents.

(b) Any vacancy subject to this rule will be filled in the same manner as an initial appointment.

(c) The Department of the State Fire Marshal will work in consultation with the employer, association or organization that the vacancy represents to identify a replacement member. The employer’s, association's, or organization’s recommendation will be forwarded to the board administrator for consideration and recommendation to the full board.

(4) The board’s decisions regarding an appointment to an Oregon Fire Code Advisory Board are final and are not subject to appeal.

(5) The chairperson or board administrator of the board may remove an appointed member for just cause.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.030
OSFM 43-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 11-2019, adopt filed 12/29/2019, effective 01/01/2020

Division 45 SMOKE ALARMS AND SMOKE DETECTORS

Or. Admin. R. 837-045-0040 Purpose and Scope

The purpose of these rules is to establish safety requirements for the installation and maintenance of smoke alarms and smoke detectors in existing buildings, and to establish standards and procedures for the enforcement of those requirements, for the protection of Oregon residents from fire.

History

Statutory/Other Authority: ORS 479.255 & 479.295
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0045 Definitions

(1) “Approved Sprinkler Fire Suppression System” means a fire suppression system:

(a) Constructed in accordance with the National Fire Protection Association (NFPA) Standard 13 or 13R as referenced in the State Building Code under OAR 918-460-0010 in effect on October 1, 2000; and

(b) Inspected and approved by the building official; and

(c) Inspected and certified annually by the Authority Having Jurisdiction as being in compliance with NFPA Standard 25 (1998 ed.).

(2) “Efficiency Dwelling Unit” means a dwelling unit containing only one habitable room.

(3) “Formal Hearing” means a proceeding before a hearings officer conducted pursuant to the Administrative Procedures Act (APA), ORS 183.413 to 183.470.

(4) “Hotel” as defined in ORS 479.250 includes, but is not limited to: Hotels, Motels, Auto Courts, Motor Inns and all similar occupancies by any other name (i.e., School Dormitories, Fraternities, Sororities, and any other similar buildings) with six or more sleeping/guestrooms for non-family members that are rented, hired out or made available on a regular basis for sleeping purposes but are not used as a primary residence.

(5) “Informal Conference” means a meeting between the party(ies) and the Department of the State Fire Marshal, prior to a formal hearing, that may include a discussion about whether a basis exists for informal disposition of a contested case by stipulation, agreed settlement, consent order or other means.

(6) “Ionization Smoke Detection” means the principle of using a small amount of radioactive material to ionize the air between two differentially charged electrodes to sense the presence of smoke particles.

(7) “Local Fire Authority” means persons described in ORS 476.060(1).

(8) “Lodging House” as defined in ORS 479.250 includes, but is not limited to: School Dormitories, Fraternities, Sororities, Youth Camps and Private Dwellings that have five or less sleeping/guestrooms that are made available for sleeping purposes in exchange for compensation in money, goods, labor, or other tender, but that are not used as a primary residence.

(9) “Nationally Recognized Testing Laboratory” means an accredited laboratory listed by the International Conference of Building Officials Evaluation Services or an equivalent laboratory approved by the Authority Having Jurisdiction.

(10) “Owner” includes a duly authorized agent or attorney, a purchaser, devisee, fiduciary, lessor or sublessor and/or a person having a vested or contingent interest in the property in question.

(11) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations or subdivisions.

(12) “Photoelectric Smoke Detection” means the principle of utilizing a light source and a photosensitive sensor to detect particles of combustion. Photoelectric smoke detection incorporates either a “light obscuration” or a “light scattering” method of operation.

(13) “Request for Hearing” means a written request for a formal hearing to contest the assessment of a civil penalty.

(14) “Smoke Alarm for Hearing Impaired Persons” means a device that:

(a) Meets the definition in ORS 479.250(1);

(b) Causes a strobe to emit a white light when activated; and

(c) Is listed by a nationally recognized testing laboratory for the purpose of alerting hearing impaired persons in the event of a fire.

(15) “Smoke Detector for Hearing Impaired Persons” means a device that:

(a) Meets the definition in ORS 479.250(2);

(b) Causes a strobe to emit a white light when activated; and

(c) Is listed by a nationally recognized testing laboratory for the purpose of alerting hearing impaired persons in the event of a fire.

(16) “State Fire Marshal” means the State Fire Marshal appointed under ORS 476.020 and the Chief Deputy State Fire Marshal and Deputy State Fire Marshals appointed by the State Fire Marshal under ORS 476.040.

(17) “Ten-Year Smoke Alarm Battery” means a battery power source that is warranted by the battery manufacturer to be free from defects in materials and workmanship for a period of at least ten (10) years when used in an ionization smoke alarm that:

(a) Is listed by a nationally recognized testing laboratory; and

(b) Has been approved by the nationally recognized testing laboratory for use with a ten-year battery.

History

Statutory/Other Authority: ORS 476.040, 476.060, 479.250 - 479.300 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 42-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0050 Installation and Location of Smoke Alarms and Smoke Detectors

(1) All smoke alarms or smoke detectors shall be installed and located in accordance with the listing and manufacturer’s instructions and OAR 837-045-0045 through 837-045-0060.

(2) Dwelling Units:

(a) Smoke alarms and smoke detectors in dwelling units shall be installed in each sleeping room as per the applicable requirements of the State Building Code at the time of construction and in the corridor or area giving access to sleeping areas according to the manufacturer’s instructions. Where sleeping areas are located on an upper level, the smoke alarm or smoke detector shall be installed in an accessible location as close as practical to the center of the ceiling directly over the stairway. Where sleeping areas are widely separated (i.e., on different levels or opposite ends of the dwelling unit) and/or where a single smoke alarm or smoke detector will not adequately service all sleeping areas, a smoke alarm or smoke detector shall be installed adjacent to each sleeping area.

(b) When activated, the installed smoke alarm(s) or smoke detector(s) shall produce an alarm sound audible in the dwelling unit, guestroom(s) and sleeping area(s).

(3) Efficiency Dwelling Units, Lodging Houses and Hotels:

(a) In an efficiency dwelling unit, lodging house guestroom or hotel room or suite, the smoke alarm or smoke detector shall be installed on the ceiling or a wall of the main room or sleeping area.

(b) When activated, the smoke alarm(s) or smoke detector(s) shall produce an alarm sound audible in the main room and sleeping area(s).

History

Statutory/Other Authority: ORS 479.255 & 479.295
Statutes/Other Implemented: ORS 479.250 - 479.300
OSFM 5-2002, f. 3-26-02, cert. ef. 4-1-02
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0055 Hotels with Approved Sprinkler Fire Suppression Systems

Hotels that have installed an approved sprinkler fire suppression system are exempt from the requirements of ORS 479.257(1).

History

Statutory/Other Authority: ORS 479.257 & 479.295
Statutes/Other Implemented: ORS 479.250 - 479.300
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0060 Power Source

(1) The power supply of a smoke alarm shall be a commercial power source, an integral battery or batteries or a combination of both. The power supply for a smoke detector shall be a commercial power source.

(2) When a smoke alarm or smoke detector is served from a commercial power source, the wiring shall be permanent and shall not have a disconnecting switch other than that required for over current protection.

(3) When a line cord and plug is used, it shall be plugged directly into a fixed outlet box and the plug shall be secured by a device that cannot be removed without the use of a tool.

(4) The owner of a dwelling unit, lodging house or hotel shall obtain a permit from the local building official for the installation of a 110-volt smoke alarm or a low-voltage smoke detector connected to a fire alarm control panel.

History

Statutory/Other Authority: ORS 479.255 & 479.295
Statutes/Other Implemented: ORS 479.250 - 479.300
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0065 Smoke Alarms for Hearing Impaired Persons or Smoke Detectors for Hearing Impaired Persons

(1) Smoke alarms for hearing impaired persons or smoke detectors for hearing impaired persons shall meet:

(a) The requirements of ORS 479.250 to 479.300, except 479.297;

(b) The applicable requirements of the State Building Code under OAR 918-460-0010 in effect on October 1, 2000; and

(2) If a hotel requires a guest to pay a refundable deposit for providing a smoke alarm for hearing impaired persons, the amount of the deposit shall not exceed 50 percent of the purchase price of the smoke alarm.

(3) A hotel shall provide a printed notice pursuant to ORS 479.255(5) and in accordance with the following requirements:

(a) The notice shall be printed or typed and the printed or typed wording shall be a contrasting color to the background color of the notice;

(b) The notice shall be a contrasting color to the surface on which the notice is mounted;

(c) The notice shall state, “Smoke alarms or smoke detectors for hearing impaired persons are available upon request” or other appropriate wording as may be specifically approved by the State Fire Marshal or local fire authority.

(d) If the notice is posted at the place of registration, the notice shall be posted in such a manner that it is readily visible and legible from the public side of the registration desk or counter.

History

Statutory/Other Authority: ORS 479.255 & 479.295
Statutes/Other Implemented: ORS 479.250 - 479.300
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0070 Issuance of Notice of Deficiency Citations

(1) The State Fire Marshal or local fire authority may issue a notice of deficiency citation for a violation under ORS 479.990(6) or the rules adopted thereto.

(2) Each separate instance of non-compliance under ORS 479.990(6) or the rules adopted thereto shall be considered a separate violation.

(3) A notice of deficiency citation may be issued for each separate violation under ORS 479.990(6).

(4) A notice of deficiency citation shall be on a form approved by the Department of the State Fire Marshal.

(5) For violations of ORS 479.255, 479.260, 479.270 or 479.280 or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the owner of the dwelling unit, lodging house or hotel.

(6) For violations of ORS 479.297, or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the owner or employee selling a smoke alarm in violation of ORS 479.297.

(7) For violations of ORS 479.300, or the rules adopted thereto, the State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation to the person believed to have removed or tampered with a properly functioning smoke alarm or smoke detector.

(8) The State Fire Marshal or local fire authority shall present a copy of the notice of deficiency citation by:

(a) Personal service;

(b) Service by certified mail; or

(9) Upon presenting a copy of the notice of deficiency citation under OAR 837-045-0070(5) through (8), the State Fire Marshal or local fire authority shall retain all remaining copies of the notice of deficiency citation until the re-inspection of the premises.

(10) After 10 days have passed from the date the notice of deficiency citation was issued, the State Fire Marshal or local fire authority shall:

(a) Re-inspect the premises; and

(b) Complete the “Re-Inspection of Premises” section of the notice of deficiency citation.

(11) Issuance of a notice of deficiency citation under this rule shall have no effect on the use of a uniform citation under ORS Chapter 153 for offenses subject to ORS Chapter 153.

History

Statutory/Other Authority: ORS 479.280, 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 41-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0075 Forwarding Notice of Deficiency Citation to the Department of the State Fire Marshal

(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.

(2) If applicable, each notice of deficiency citation forwarded to the Department of the State Fire Marshal shall be accompanied by a copy of the issuing authority’s written report, inspection sheets, Fire District Property Report, or evidence receipt — Form #920-021-06, or any other forms that the issuing authority completes during the process of issuing notice of deficiency citations and/or re-inspecting the premises.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 479.280, 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 40-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0080 Assessment of Civil Penalty and Issuance of Notice of Civil Penalty

(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;

(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).

(3) Upon assessment of the civil penalty(ies), the Department of the State Fire Marshal shall issue a notice of civil penalty pursuant to the provisions of ORS 183.090.

(4) The Department of the State Fire Marshal shall:

(a) Retain the original notice of civil penalty;

(b) Serve a copy of the notice of civil penalty pursuant to ORS 183.090.

(5) The Department of the State Fire Marshal may mail a copy of the notice of civil penalty to the authority that issued the notice of deficiency citation.

(6) If the Department of the State Fire Marshal does not assess a civil penalty, the Department of the State Fire Marshal may:

(a) Mail a certified letter to the person against whom the notice of deficiency citation was issued that notifies the person that the Department of the State Fire Marshal will not assess a civil penalty for the violation(s) described in the notice of deficiency citation; and

(b) Mail a copy of the letter to the authority that issued the notice of deficiency citation.

History

Statutory/Other Authority: ORS 479.280, 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 39-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0085 Schedule of Civil Penalties

(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;

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 38-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0090 Contested Cases

(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.

(8) A contested case shall be conducted pursuant to the provisions of ORS 183.090 and the rules adopted thereto.

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 37-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0095 Informal Conference

(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.

(3) If the Department of the State Fire Marshal and the party(ies) agree, an informal conference may be held by telephone.

(4) After an informal conference, the Department of the State Fire Marshal may amend, withdraw, or reduce a civil penalty. Such action shall be taken in accordance with the Administrative Procedures Act (APA), ORS 183.025 to 183.725, and the rules adopted thereto.

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 36-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0100 Formal Hearing

(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.

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 35-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0105 Adjustment of Civil Penalty

(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.

(2) If the Department of the State Fire Marshal adjusts a civil penalty, the Department of the State Fire Marshal shall issue an amended notice of civil penalty.

(3) The Department of the State Fire Marshal shall:

(a) Retain the original amended notice of civil penalty;

(b) Serve a copy of the amended notice of civil penalty on the person against whom the civil penalty was assessed.

(4) The Department of the State Fire Marshal may mail a copy of the amended notice of civil penalty to the authority that issued the notice of deficiency citation.

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 34-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Or. Admin. R. 837-045-0110 Payment of Civil Penalty

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.

History

Statutory/Other Authority: ORS 479.295 & 479.990
Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990
OSFM 33-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00

Division 46 NOVELTY/TOYLIKE LIGHTERS

Or. Admin. R. 837-046-0000 Purpose and Scope

(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.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 32-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0020 Effective Dates

OAR 837-046-0000 through 837-046-0180 are effective upon the date of filing.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0040 Definitions

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.

(4) “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution or retail sales point outside this state, for the purpose of selling or distributing the lighter within this state or with the result that the lighter is sold or distributed within this state.

(5) “Lighter” means a handheld device of a type typically used for igniting tobacco products by use of a flame.

(6) “Manufacturer” means a person or business that makes lighters by hand or by machine.

(7) “Misleading design” means a lighter that has a shape that resembles or imitates an object other than a lighter. Misleading design applies to lighters of all types and includes lighters that resemble or imitate:

(a) Cartoon characters, figurines or action figures;

(b) Toys or game pieces;

(d) Vehicles;

(e) Animals;

(f) Human body parts;

(g) Food, beverages or food or beverage packages;

(h) Weaponry;

(i) Furniture;

(j) Sports equipment;

(k) Holiday decoration;

(l) Tools; or

(m) Household products.

(8) “Novelty lighter”:

(a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age.

(b) Does not mean:

(A) A lighter manufactured before January 1, 1980;

(B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or

(9) "Retail dealer" means a person, other than a manufacturer or wholesale dealer that engages in distributing novelty lighters.

(10) “Sell” means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration.

(11) “Visual effect”means flashing lights, color-changing lights and changing images. Visual effect does not mean a continuous LED light used as a flashlight.

(12) "Wholesale dealer" means a person that distributes novelty lighters to a retail dealer or other person for resale.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0060 General

(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.

(3) A list of lighters, classes and types of lighters determined to be novelty lighters is available on the OSFM website or upon request. Photographs of novelty lighters are representative of lighter types, but may not include all prohibited lighters.

(4) Photographs of acceptable lighters are available on the OSFM website or upon request. Photographs of acceptable lighters are examples and do not include all acceptable lighters.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0080 Inspections

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.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0100 Lighter Review Committee

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.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0120 Cooperative Agreements

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.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0140 Seizure of Non-Compliant Product

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.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0160 Civil Penalties

(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;

(A) A retail seller of lighters; or

(B) A person distributing lighters, if the person is other than a manufacturer, importer or wholesale dealer.

(2) Each day a person distributes or sells novelty lighters after being notified of the violation by the OSFM constitutes a separate violation and subjects the person to additional civil penalties.

(3) All monies collected from civil penalties are to be deposited to the State Fire Marshal Fund.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Or. Admin. R. 837-046-0180 Procedures, Hearings and Judicial Review

(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;

(d) Recover attorney fees and other enforcement costs and disbursements.

History

Statutory/Other Authority: 2009 HB 2365
Statutes/Other Implemented: 2009 HB 2365
OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09
OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09

Division 47 CARBON MONOXIDE ALARMS AND DETECTORS

Or. Admin. R. 837-047-0100 Purpose and Scope

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.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0110 Definitions

(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

(2) “Bedroom” means a room designed or intended for sleeping.

(3) “Carbon monoxide alarm” means a device that:

(a)(A) Detects carbon monoxide;

(B) Produces a distinctive audible alert when carbon monoxide is detected;

(C) Is listed by Underwriters Laboratories as complying with ANSI/UL 2034 or ANSI/UL 2075 or any other nationally recognized testing laboratory or an equivalent organization; and

(D) Operates as a distinct unit, as two or more single station units wired to operate in conjunction with each other or as part of a system that includes carbon monoxide detectors.

(b) For the purposes of these rules, “carbon monoxide detectors that are part of a system that produces a distinctive audible alert and are listed as complying with ANSI/UL 2075 shall be considered carbon monoxide alarms.

(4) “Carbon monoxide source” means:

(a) A heater, fireplace, furnace, appliance, or cooking source that uses coal, wood, petroleum products, and other fuels that emit carbon monoxide as a by-product of combustion. Petroleum products include, but are not limited to, kerosene, natural gas, or propane.

(b) An attached garage with a door, ductwork, or ventilation shaft that communicates directly with a living space.

(5) “Dwelling unit” means: A structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

(6) “Landlord” means the owner, lessor, or sublessor of the rental dwelling unit or the building or premises of which it is a part. “Landlord” includes but is not limited to a person who is authorized by the owner, lessor, or subleasor to manage the premises or to enter into a rental agreement.

(7) “Manufactured Dwelling” means a dwelling as defined in ORS 446.

(8) “Multifamily housing” means a building, excluding townhouses, in which three or more residential dwelling units each have space for eating, living, sleeping, and permanent provisions for cooking and sanitation.

(9) “Nationally Recognized Testing Laboratory” means a nationally recognized testing laboratory (NRTL) that is U.S. Occupational Safety and Health Administration (OSHA) accredited to test and certify to American National Standards Institute (ANSI) standards.

(10) “One and two family dwelling” means a residential building that is regulated under the state building code as a one and two family dwelling and includes a townhouse.

(11) “Owner” includes a duly authorized agent or attorney, a purchaser, devisee, fiduciary, lessor or sublessor and/or a person having a vested or contingent interest in the property in question.

(12) “Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations or subdivisions.

(13) “State Fire Marshal” means the State Fire Marshal appointed under ORS 476.020 and the Chief Deputy State Fire Marshal and Deputy State Fire Marshals appointed by the State Fire Marshal under ORS 476.040.

(14) “Townhouse” means a single-family dwelling unit constructed in a group of three or more attached units in which each extends from the foundation to the roof and at least two sides abut open space.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0120 Carbon Monoxide Alarm Requirements

(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.

(2) By April 1, 2011, every rental dwelling unit subject to these rules must contain properly functioning carbon monoxide alarms.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0130 Installation and Location of Carbon Monoxide Alarms and Detectors

(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.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0135 Exemption

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.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10

Or. Admin. R. 837-047-0140 Power Source

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.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0150 Testing and Maintenance of Carbon Monoxide Alarms

Carbon monoxide alarms and systems must be maintained and tested according to the manufacturer’s recommended instructions.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0160 Rental Dwelling Units Subject to ORS Chapter 90

(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

(2) If the landlord receives written notice from the tenant of a deficiency of a carbon monoxide alarm, other than dead batteries, the landlord must repair or replace the alarm.

(3) A tenant must test, at least every six months, and replace batteries as needed in any carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Or. Admin. R. 837-047-0170 Tampering with a Carbon Monoxide Alarm Prohibited

A person may not remove or tamper with a carbon monoxide alarm installed in accordance with these rules. Tampering includes removal of working batteries.

History

Statutory/Other Authority: ORS 476.725
Statutes/Other Implemented: ORS 476.725
OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
OSFM 3-2010(Temp), f. 4-8-10, cert. ef. 7-1-10 thru 12-28-10

Division 61 FIRE FIGHTING

Or. Admin. R. 837-061-0005 Purpose— Standardization of Fire Protection Equipment

(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.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.410 - 476.440
FM 3-1988, f. & cert ef. 2-17-88
FM 40, f. 3-5-70, ef. 3-25-70

Or. Admin. R. 837-061-0010 Threaded Couplings and Fittings

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.]

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.410
OSFM 7-2019, amend filed 09/27/2019, effective 10/01/2019
OSFM 8-2001, f. 6-27-01, cert. ef. 7-1-01
FM 3-1988, f. & cert. ef. 2-17-88
FM 40, f. 3-5-70, ef. 3-25-70

Or. Admin. R. 837-061-0015 Exemptions

(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.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.410
OSFM 7-2019, amend filed 09/27/2019, effective 10/01/2019
OSFM 4-2003, f. 7-2-03, cert. ef. 7-3-03
OSFM 8-2001, f. 6-27-01, cert. ef. 7-1-01
FM 3-1988, f. & cert. ef. 2-17-88

Division 85 COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS

Or. Admin. R. 837-085-0010 Authority and Application

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307 - 453.372
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0020 Purpose and Scope

(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.

(2) The Community Right-to-Know and Protection Act, ORS 453.307 to 453.414, requires a covered employer, owner, or operator to report to the State Fire Marshal, the identity, associated hazard classifications and other information for all reportable hazardous substances or waste which they manufacture, generate, use, store or dispose of at fixed facilities.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307 & 453.372
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0030 Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS)

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307(2)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 5-2013, f. & cert. ef. 6-26-13
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 4-1994, f. 12-14-94, cert. ef. 12-15-94
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0040 Definitions

(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).

(12) "Confidential" means information submitted to a public body in confidence pursuant to ORS 192.355.

(13) "Confidentiality Agreement" means a written agreement between a covered employer, owner or operator and an entity authorized under ORS 453.337 and OAR chapter 837, division 85 to request and receive trade secret information.

(14) "Correction Order" means a written order that directs covered employer, owner or operator to submit a Hazardous Substance Report.

(15) "Covered Employer, Owner or Operator" means:

(a) Any person operating a facility possessing a reportable quantity of a hazardous substance.

(b) Any person operating a facility that the State Fire Marshal believes has the potential to store, generate, use, or otherwise possess a hazardous substance in a reportable quantity.

(16) "Division" means chapter 837, division 85 of the State Fire Marshal’s administrative rules.

(17) "Emergency" means any human caused or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss which includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other substances, contamination, utility or transportation accidents, disease, blight, infestation, civil disturbance, riot, sabotage/war.

(18) "Emergency Services" means those activities provided by state or local government agencies with emergency operational responsibilities to prepare for or carry out any activity to prevent, minimize, respond to or recover from an emergency. Without limitation, these activities include coordination, preplanning, training, interagency liaison, firefighting, hazardous substance management, law enforcement, medical, health or sanitation services, engineering or public works, search and rescue activities, public information, damage assessment, administration and fiscal management.

(19) "Emergency Service Agency" means an organization, which performs essential services for the public's benefit prior to, during, or following an emergency. This includes, but is not limited to, organizational units within local governments, such as emergency medical technicians, health, medical or sanitation services, public works or engineering, public information or communications.

(20) "Entity" means any individual trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, or the federal government or any agency thereof.

(21) "Exempted Substance" means a substance that is not required to be reported.

(22) "Exemption" means the written authority given to a person by the State Fire Marshal, granting an exemption from the requirements of a rule or law.

(23) "Explosive" means a hazardous substance classified as an explosive by the U.S. Department of Transportation.

(24) "Extension" means the written authorization of the State Fire Marshal to extend a compliance or due date.

(25) "Facility" means all buildings, equipment structures or other stationary items that are located on a single site or on contiguous or adjacent sites that are owned or operated by a covered employer, owner or operator.

(26) "Facility Representative" means any individual designated by covered employer, owner or operator to serve as spokesperson or, in the absence of a designated spokesperson, the person in charge of a facility being audited.

(27) "Filed" means the receipt of a document by the State Fire Marshal, except that an appeal will be considered filed upon receipt at any regional office of the State Fire Marshal.

(28) "Fire District" means any agency having responsibility for providing fire protection services.

(29) "Fixed Facility" means a facility having permanent or non-mobile operations.

(30) "Hazard Classification" means the physical and health hazards as codified in 40 CFR part 370.66, and the following U.S. Department of Transportation hazard classes: explosive, poisonous material, poisonous gas, radioactive material, etiologic material.

(31) "Hazardous Substance" means:

(a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal; or

(b) Any substance required to have a Safety Data Sheet (SDS) pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienist (ACGIH); or

(c) Any substance required to have an SDS pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, except:

(A) Substances exempted by designation of the State Fire Marshal; or

(B) Substances which are solids and do not react or dissolve and are stored in unprotected areas; or

(D) Gases intended and used for human or animal ingestion or inhalation either directly or added to a product, if the gas is present at the site where ingestion or inhalation occurs; and the gas is not being used in a manufacturing process; and the gas is not a cryogenic; and the gas is not being stored at the site in a quantity that exceeds 1,000 cubic feet.

(d) Any substance for which a manufacturer is required to develop an SDS, that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or

(e) Any waste substance that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or

(f) Any radioactive waste or radioactive material as defined in ORS 469.300(19) and radioactive substance as defined in 453.005; or

(g) Any substance for which an actual or potential physical or health hazard is identified on the manufacturer’s SDS.

(32) "Hazardous Substance Information Survey" means a document, letter or query sent to a covered employer, owner, or operator requiring them to report to the State Fire Marshal whether they possess a reportable hazardous substance.

(33) “Hazardous Substance Report” means an annual, revised, or updated report provided on a form approved by the State Fire Marshal containing information required by the Community Right to Know and Protection Act or its administrative rules.

(34)"Health Professional" has the same meaning as used in ORS 453.307.

(35) “Highly Toxic Material” means a material which produces a lethal dose or lethal concentration which falls within any of the following categories:

(a) A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each;

(b) A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each;

(c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or two milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each;

(d) Mixture of these materials with ordinary materials, such as water, may not warrant a classification of highly toxic. While this system is basically simple in application, any hazard evaluation which is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons.

(36) "Identity" means any chemical or common name that is indicated:

(a) On a Safety Data Sheet (SDS) as required under OAR 437, division 2 (CFR 1910.1200), subdivision Z; or

(b) On shipping documents as required under 49 CFR 171-177 under the Transportation Safety Act of 1974 (49 U.S.C. 1801 et seq.); or

(c) On hazardous waste manifests as required by OAR chapter 340, division 102 as adopted by the Department of Environmental Quality; or

(d) On packaging or container labels as required under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) and labeling regulations issued under the Act by the Environmental Protection Agency; or

(e) On a radioactive material license as issued under OAR chapter 333, divisions 100 through 113 as adopted by the Radiation Control Section of the Health Division of the Oregon Department of Human Resources.

(37) "Incident" means the threatened or actual injury or damage to a human, wildlife, domestic animal or the environment, or any property loss resulting from a hazardous substance release.

(38) "Law Enforcement Agency" means county sheriff departments, municipal police departments, state police, other police agencies of this or other states or law enforcement agencies of the federal government.

(39) "Liquefied Gas" means a gas that is received and stored as a liquid through the use of pressure or temperature.

(40) “Maximum Amount” means the largest amount of a hazardous substance located at a facility at any one time during the 12-month reporting period.

(41) “North American Industry Classification System” means a system developed by the Office of Management and Budget for the purpose of classifying establishments by the type of activity they engage in. The number assigned to each group classified is called the NAICS code.

(42) "No Longer Reportable" means a previously reported substance was not on site in a reportable quantity during the current reporting period.

(43) "Noncompliance" means failure of a covered employer, owner or operator to comply with the Community Right-to-Know and Protection Act or its administrative rules.

(44) "Noncompliance Classification" means the category assigned to issues of noncompliance for the purposes of assessing a penalty.

(45) "Notice of Noncompliance and Proposed/Final Penalty Assessment Order" means a written document issued to a covered employer, owner, or operator that states they were not complying with the Community Right-to-Know and Protection Act, establishes correction dates and notifies them of penalty assessments.

(46) "Person" means any entity including, but not limited to, an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state or any agency or commission thereof, or the federal government or any agency thereof.

(47) “Product Name” means any designation or identification such as code name, code number, trade name, brand name, or generic name as provided on the Safety Data Sheet used to identify a substance.

(48) "Record" means any recorded information.

(49) “Repeat Noncompliance” means a covered employer, owner and or operator has failed to comply with the same rule of OAR 837-085 two or more times within a five year period of time.

(50) "Reportable Hazardous Substance" is a hazardous substance that is manufactured, generated, used, stored, possessed, or disposed of at a fixed site location by a covered employer, owner, or operator at or above the reportable quantities for more than 24 consecutive hours.

(51) “Reporting Period” means the calendar year immediately preceding the date for which the Hazardous Substance Report Annual is due.

(52) "Reportable Quantity" means the amount of a hazardous substance that must be present at a facility before reporting is required.

(53) "Reporting Range" means a range of quantities assigned by the State Fire Marshal for reporting hazardous substances.

(54) “Retail Gasoline Station” means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, for motor vehicle use on land.

(55) “Revision” means the notification to the State Fire Marshal of the correction of a previously submitted Hazardous Substance Report.

(56) “Safety Data Sheet” (SDS) means written, printed or electronic material concerning a hazardous chemical or mixture which is prepared in accordance with OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, Hazard Communication rules of the Occupational Safety and Health Division of the Department of Consumer and Business Services.

(57) “Site” means a legally defined area of ground under control by a covered employer, owner or operator. A “site” may include a railroad siding and associated buildings or structures, but it does not include mainline railroads or public roadways.

(58) "Source Generation Sites" means facilities generating that which is relayed, pumped or stored by substations.

(59) "State Fire Marshal" means the State Fire Marshal or designee.

(60) "Substantive Change" means a change in hazardous substance reporting information that requires notification to the State Fire Marshal.

(61) "Substation" means facilities that function only as electrical transmission relays, telephone transmission relays, pager transmission relays, cable TV transmission relays, cellular phone transmission relays, radar transmission relays, water storage reservoir, water pump or chlorinating stations, sewerage/storm water pump stations, natural gas pump stations or road sand storage.

(62) "Temporary Worksite" means a single site location where activities, such as construction or logging, will occur for less than 24 consecutive months.

(63) "Trade Name" means the brand name or trademark given to a hazardous substance by a manufacturer or distributor.

(64) "Trade Secret" means, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented; which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service or to locate minerals or other substances having commercial value; and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

(65) “Total Amount Transported from the facility” means the total amount of a hazardous substance that has been transported from the facility site during the reporting period.

(66) “Total Amount Transported to the facility” means the total amount of a hazardous substance that has been transported on to the facility site during the reporting period.

(67) “Update” means the notification to the State Fire Marshal of a substantive change.

(68) "Waste Hazardous Substance" means any substance, which meets the Department of Environmental Quality's definition of "hazardous waste".

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2014, f. & cert. ef. 1-9-14
OSFM 5-2013, f. & cert. ef. 6-26-13
OSFM 1-2013, f. 1-24-13, cert. ef. 2-1-13
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99 & cert. ef. 2-3-99
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0050 Hazardous Substance Information Survey — General

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307 - 453.372
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0055 Hazardous Substance Report--General

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307-453.372
OSFM 1-2019, adopt filed 01/02/2019, effective 01/02/2019

Or. Admin. R. 837-085-0060 Hazardous Substance Report — Substance Determinations

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0070 Hazardous Substance Report — Reportable Quantities

(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;

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2013, f. 1-24-13, cert. ef. 2-1-13
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 4-1994, f. 12-14-94, cert. ef. 12-15-94
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0080 Hazardous Substance Report— Required Survey Information

(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;

(d) Total amount transported to the facility;

(e) Total amount transported from the facility.

(2) The amounts of hazardous substances shall be measured in the physical state assumed at "Standard Temperature and Pressure" (STP) or when released into the environment, except that liquefied gases under pressure in a liquid state are determined as a liquid reportable in gallons.

(3) The amounts of hazardous substances must be reported in the following units:

(a) Solids must be reported in units of pounds;

(b) Liquids must be reported in units of gallons;

(d) Compressed gases that are not liquefied must be reported in units of cubic feet;

(e) Radioactive materials must be reported in units of millicuries.

(4) For a mixture, the total amount of the substance is reported regardless of the concentration of the hazardous substance in the mixture.

(5) The amounts of a hazardous substance with the same chemical composition in separate containers at one facility shall be added together for reporting purposes.

(6) Like substances which are exempted from the Hazardous Substance Possession Fee shall be grouped and reported together. Examples of these groups include, but are not limited to: Gasoline, motor oils, asphalt emulsion, and diesels.

(7) Water-based paints with the same major components shall be grouped and reported together. Solvent-based paints with the same major components shall be grouped and reported together.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 5-2013, f. & cert. ef. 6-26-13
OSFM 1-2013, f. 1-24-13, cert. ef. 2-1-13
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0090 Hazardous Substance Information — Reporting Requirements

(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.

(4) A covered employer, owner, or operator required to report under these rules must provide the following information:

(a) The facility’s reporting status, including:

(A) Whether hazardous substances were present at the site in reportable quantities;

(B) Whether Extremely Hazardous Substances were present that met or exceeded the threshold planning quantity of 40 CFR 355, Appendix A and B. If the facility has Extremely Hazardous Substances present that exceed the threshold planning quantity, provide the name, email address, phone number, and 24-hour phone number of the facility emergency coordinator as required under EPCRA section 303(d)(1);

(C) Whether the facility is subject to the reporting requirements of Section 112(r) of the Clean Air Act. If the facility is subject to the chemical accident prevention provisions codified in 40 CFR part 68, also known as the Risk Management Program (RMP), provide the RMP facility identification number assigned by EPA;

(D) If your facility is subject to the Toxic Release Inventory (TRI) program under section 313 of EPCRA, provide the identification number assigned by EPA;

(E) Whether the facility is subject to the Process Safety Management (PSM) requirements of the Occupational Safety and Health Administration (OSHA);

(b) Demographic information including:

(A) All applicable North American Industry Classification System codes for the facility;

(B) A description of the type of business conducted at the site;

(D) The owner’s or operator’s full name and email address;

(E) The business name which the entity operates under;

(F) The department or division, if applicable;

(G) The physical site address including the street, city, county, and zip code; or a grid location acceptable to the responding fire department if no address exists;

(H) The latitude and longitude of the facility;

(I) The facility phone number for the site;

(J) The email address of the business or contact person, if available;

(K) The mailing address, if different from the site address;

(L) The potential maximum number of occupants including visitors at the site;

(M) The name, day and night phone number and email address of the person that can act as a referral if emergency responders need assistance in responding to a chemical accident at the facility;

(N) The name of the responding fire department by local jurisdiction;

(O) A brief summary of any procedures established by the covered employer, owner or operator for the control of hazardous substances in the event of an emergency;

(P) Whether the hazardous substance storage location for each reportable hazardous substance is placarded according to National Fire Protection Association (NFPA) Standard 704;

(Q) Whether the facility is occupied or unoccupied; and

(R) The Federal Employer Identification Number (FEIN), or for sole proprietors their Social Security number.

(d) Information about each reportable hazardous substance meeting the reportable quantity thresholds including, but not limited to:

(A) The chemical, mixture, or product name;

(B) The chemical name of the hazardous ingredient present in the highest concentration;

(D) Whether the substance meets the threshold planning quantity as defined by 40 CFR 355;

(E) If the chemical contains an Extremely Hazardous Substances, enter the name and CAS number of the Extremely Hazardous Substances in the mixture;

(F) Whether the substance reported contains a Clean Air Act, Section 112(r) listed chemical;

(G) Whether the substance reported contains a Process Safety Management listed chemical;

(H) Information regarding whether the substance is pure or a mixture;

(I) The physical state of the hazardous substance as it is released into the environment at Standard Temperature and Pressure (STP) relating whether it is a solid, liquid or a gas;

(J) The unit of measure used to report the quantity range of the hazardous substance, relating whether it is reported in pounds, gallons, cubic feet or millicuries;

(K) The average amount;

(L) The maximum amount;

(M) The maximum amount of each reported hazardous substance for each location reported;

(N) The total amount transported to the facility;

(O) The total amount transported from the facility;

(P) The total estimated number of days the hazardous substance was on-site;

(Q) The type of container the substance is stored in;

(R) The pressure and temperature at which the substance is stored;

(S) All applicable hazard classifications for each reportable hazardous substance;

(T) The Chemical Abstract Service (CAS) number, if known;

(U) The four-digit United Nations (UN) or North American (NA) number, if known;

(V) The EPA Pesticide Registration number if applicable; and

(W) The storage location.

(e) Upon request of the State Fire Marshal, a covered employer, owner, or operator must provide Safety Data Sheets (SDS);

(f) Other information that may be requested by the State Fire Marshal in order to meet the intent of The Community Right-to-Know and Protection Act.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(1) & 453.317(2)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2014, f. & cert. ef. 1-9-14
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 4-1994, f. 12-14-94, cert. ef. 12-15-94
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0100 Hazardous Substance Report — Substantive Changes

(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;

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 4-1994, f. 12-14-94, cert. ef. 12-15-94
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0110 Record Keeping Requirements

(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.

(A) Hazardous Substance Reports;

(B) Safety Data Sheets (SDSs);

(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.

(2) A covered employer, owner, or operator must maintain copies of Notice of Noncompliance and Proposed/Final Penalty Assessment Orders issued by the State Fire Marshal:

(a) Copies of Notice of Noncompliance and Proposed/Final Penalty Assessment Orders must be maintained for a period of five years;

(b) These copies must be kept with the covered employer, owner or operator's Hazardous Substance Report.

(3) A covered employer, owner, or operator must, upon request, make records information available and provide copies of those records to the State Fire Marshal.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.406
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0120 Application for an Exemption

(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;

(d) The rule or law, identified by number, from which the exemption is sought; and

(e) The basis for the request.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307 - 453.372
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0130 Administrative Action on Exemption Application

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.307 - 453.372
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0140 Trade Secrets — General

(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).

(2) Any claim of trade secret by a covered employer, owner or operator must be made in conjunction with submitting a Hazardous Substance Report to the State Fire Marshal.

(3) A claim of trade secret by a covered employer, owner or operator may be recognized by the State Fire Marshal as sufficient if the claim is substantiated by the Occupational Safety and Health Division of the Department of Consumer and Business Services or the U.S. Environmental Protection Agency.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.327 - 453.337
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0150 Trade Secrets — Claim Submissions

(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.

(2) A covered employer, owner, or operator must submit a justification to support their trade secret claims. In order to substantiate a claim, the following must be provided for each chemical or formulation for which trade secret protection is being requested:

(a) The specific measures the covered employer, owner, or operator has taken to safeguard the confidentiality of any chemical identity claimed as trade secret;

(b) Whether the chemical identity has been disclosed to any person not an employee of the covered employer, owner, or operator or of a local, state, or federal government entity, who has not signed a confidentiality agreement requiring the person to refrain from disclosing the chemical identity to others;

(c) A list of all local, state and federal government entities to which the covered employer has disclosed the specific chemical identity. For each, indicate whether or not a confidentiality claim was asserted for the chemical identity, and whether or not the government entity denied that claim;

(d) The measures that have been taken with respect to distribution of the product to maintain trade secrets;

(e) Whether discovery of trade secret information is feasible by sophisticated chemical analysis ("reverse engineering"). The covered employer, owner or operator must provide evidence to support their answer;

(f) An explanation of why the covered employer, owner or operator's use of the substance would be valuable information to their competitors;

(g) An analysis of the nature of the harm to the covered employer, owner or operator's competitive position that would likely result from disclosure of the specific chemical identity, including an estimate of the potential loss in sales and profitability; and

(h) Whether the substance, or the covered employer, owner or operator's use of it, is subject to any U.S. patent. If so, identify the patent and explain why this does not protect the covered employer, owner, or operator from competitive harm.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.327 - 453.337
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0160 Trade Secrets — Determinations and Response

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.327 - 453.337
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0170 Trade Secrets — Disclosures

(1) Where a treating physician, registered nurse, or emergency medical technician determines that a medical emergency exists and the specific identity of a chemical substance or waste is necessary for emergency or first-aid treatment, the covered employer, owner or operator must immediately disclose the specific identity of a trade secret chemical to that treating physician, registered nurse, or emergency medical technician regardless of a written statement of need or a confidentiality agreement. The covered employer, owner, or operator may require a written statement of need and a confidentiality agreement in accordance with the provisions of sections (2) and (3) of this rule as soon as the circumstances permit.

(2) In a non-emergency situation, a covered employer, owner, or operator must, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under OAR 837-085-0140(1), to a health professional, if:

(a) The request is in writing on a form approved by the State Fire Marshal;

(b) The request describes, with reasonable detail, one or more of the following community health needs for information:

(A) To assess the hazards of the chemical substance or waste to which emergency service personnel will be exposed;

(B) To provide medical treatment to exposed employees, emergency service personnel or members of the community;

(D) To design or assess engineering controls or other protective measures for emergency situations.

(c) The request explains, in detail, why the disclosure of the specific chemical identity is essential and that, in lieu thereof, the disclosure of the following information would not enable the health professional to provide the services described in subsection (2)(b) of this rule:

(A) The properties and effects of the chemical;

(B) Measures for controlling community exposure to the chemical; and

(d) The request includes a description of the procedures to be used to maintain the confidentiality of the disclosed information; and

(e) The health professional, and the covered employer, owner or operator agree in a written confidentiality agreement that the health professional will not use the trade secret information for any purpose other than the health needs asserted and will not release the information under any circumstances other than to the State Fire Marshal, except as authorized by the terms of the agreement or by the covered employer, owner, or operator.

(3) The confidentiality agreement authorized by section (1) of this rule:

(a) May restrict the use of the information for the purposes as indicated in the written statement of need;

(b) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and

(4) If the health professional receiving the trade secret information decides that there is a need to disclose it to the State Fire Marshal, the covered employer, owner, or operator who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.327 - 453.337
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0180 Trade Secrets — Refusal to Disclose

(1) If the covered employer, owner, or operator denies a written request, submitted in accordance with OAR 837-85-170(2), for disclosure of a specific chemical identity, the denial must:

(a) Be provided to the health professional within 30 days of the request;

(b) Be in writing;

(d) Include evidence to support the claim that the specific chemical identity is a trade secret; and

(e) Explain in detail how alternative information may satisfy the specific planning or health need without revealing the specific chemical identity.

(2) The health professional whose request for information, as authorized by OAR chapter 837, division 085, is denied may refer the request and the covered employer, owner, or operator's written denial to the State Fire Marshal for consideration.

(3) When the health professional refers the denial to the State Fire Marshal, the State Fire Marshal shall consider the evidence to determine if:

(a) The covered employer, owner, or operator has supported the claim that the specific chemical identity is a trade secret;

(b) The health professional has supported the claim that there is a medical, planning, or health need for the information; and

(4) If a covered employer, owner or operator demonstrates to the State Fire Marshal that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of trade secret data, the State Fire Marshal may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the health or planning services are provided without undue risk of harm to the covered employer, owner, or operator.

(5) If the State Fire Marshal determines that the specific chemical identity requested under OAR 837-085-0140 is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate need for the information, has executed a written confidentiality agreement and has shown adequate means to protect the confidentiality of the information, the covered employer, owner or operator must provide the requested information.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.327 - 453.337
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0190 Hazardous Substance Report— Availability of Information

(1) The State Fire Marshal shall provide hazardous substance information furnished by a covered employer, owner, or operator to:

(a) Each county public health authority;

(b) Each local fire district; and

(2) Upon request, the State Fire Marshal shall also provide information to the following agencies located in the geographic jurisdiction of the local fire district:

(a) Emergency service personnel responding to a hazardous substance incident;

(b) Health professionals;

(d) Local emergency management agencies; and

(e) Any public or private safety agency administering an emergency telephone system pursuant to ORS 401.710 to 401.790.

(3) If the State Fire Marshal considers the information essential to the safe control of an emergency, the State Fire Marshal may distribute the information to persons outside the jurisdiction of the fire district.

(4) The State Fire Marshal shall provide, upon request, access to reportable substance information, except for trade secret restrictions identified in OAR 837-085-0140, to any agency of this state.

(5) Site specific information regarding the exact amount and the exact storage location of reportable substances provided to the State Fire Marshal shall be treated as confidential:

(a) The State Fire Marshal may require written statement of need and a written confidentiality agreement to be executed by the requesting agency prior to the release of confidential information; and

(b) During emergency situations, the State Fire Marshal may immediately release confidential information and require requesting agencies to complete a written statement of need as soon as circumstances permit.

(6) The public shall be permitted access to hazardous substance information that is not otherwise protected as a trade secret or is designated as confidential under OAR 837-085-0140(1) and ORS 453.332(3) and (4):

(a) Public access to Hazardous Substance Information Survey information may be provided through the Department of the State Fire Marshal in Salem;

(b) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information to complete an approved form which includes their name, address and proof of identity.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.322
OSFM 31-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0200 Compliance Audit Program — General

(1) The State Fire Marshal shall provide a compliance audit program to assist and ensure a covered employer, owner, or operator complies with the statutes, regulations, rules, standards or orders of the Community Right-to-Know and Protection Act.

(2) The compliance audit program shall include, but is not limited to:

(a) Providing training, guidance and assistance to a covered employer, owner, or operator and the community;

(b) Evaluating and auditing facilities where hazardous substances are likely to be manufactured, generated, used, stored, possessed, or disposed of;

(c) Issuing Notice of Noncompliance and Proposed/Final Penalty Assessment Orders for noncompliance with the Community Right-to-Know and Protection Act and administrative rules;

(d) Issuing correction orders;

(e) Assessing civil monetary penalties for noncompliance;

(f) Holding informal conferences with a covered employer, owner, or operator or their representatives to discuss notices of noncompliance, penalty assessments, reporting requirements or correction orders without limiting or extending their appeal rights;

(g) Granting or denying requests for extensions of the time set by correction orders; and

(h) Examining and auditing a covered employer, owner, or operator's hazardous substance information records.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(8)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0210 Scheduling and Selection of Compliance Audits

(1) Compliance audits may be conducted when the State Fire Marshal deems it necessary to confirm or validate Hazardous Substance Information Surveys or Hazardous Substance Reports.

(2) The reasons the State Fire Marshal would deem it necessary to conduct an audit include, but are not limited to, the following:

(a) A covered employer, owner or operator fails to submit their survey or report;

(b) A review of survey or report records show reporting errors may have been made;

(d) A covered employer, owner or operator requests an audit be conducted;

(e) A North American Industry Classification System code review indicates misreporting may exist;

(f) To verify survey or report information.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(7)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0220 Right of Entry

(1) In accordance with ORS 453.317(8), a compliance auditor has the right to enter and audit any facility of a covered employer, owner or operator during normal working hours or at other reasonable times.

(2) If the covered employer, owner or operator or their representative are not present at the facility, an audit will not be conducted, except when:

(a) Executing an inspection warrant;

(b) The covered employer, owner or operator has been notified that the audit is to be conducted.

(3) Compliance auditors will identify themselves as representatives of the State Fire Marshal and, as necessary, present their credentials to the covered employer, owner or operator or their representative to establish the right of entry.

(4) The compliance auditor will not sign any form of liability release or agree to waive any rights of the agency.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(7)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0230 Compliance Audit Warrants

If a compliance auditor is denied entry, the State Fire Marshal may obtain an inspection warrant, as provided for in ORS 476.155.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(8)
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0240 Compliance Audit Activities

During a compliance audit, the compliance auditor is authorized, but not limited to, the following activities:

(1) Conduct an audit without unreasonably disrupting operations in the facility;

(2) Conduct a physical audit of the facility and all of its operations;

(3) Examine and obtain copies of hazardous substance information records;

(4) Inform the covered employer, owner or operator of reporting errors; and

(5) Conduct interviews and receive information from anyone in the facility.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.317(8)
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0250 Notice of Noncompliance and Proposed/Final Penalty Assessment Order

(1) If, during an audit initiated by the State Fire Marshal, it is concluded that a covered employer, owner or operator has not complied with the Community Right-to-Know and Protection Act and its administrative rules, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order may be issued to the covered employer, owner or operator. The Notice shall:

(a) State the name of the covered employer, owner or operator, location of the facility, and the date of the compliance audit. The period of time the employer, owner or operator is in noncompliance will be included;

(b) Describe how the covered employer, owner or operator was in noncompliance, such description to take the form of findings of fact and conclusions of law and rule;

(d) Identify the rule or order the covered employer, owner or operator failed to comply with and any other statute or rules involved;

(e) Establish a compliance date if compliance is not achieved by the facility prior to issuing a Notice of Noncompliance and Proposed/Final Penalty Assessment Order;

(f) State the total dollar amount of penalties assessed and the amount subject to suspension;

(g) Inform the covered employer, owner or operator of the right to appeal the Notice of Noncompliance and Proposed/Final Penalty Assessment Order; and

(h) Notify the covered employer, owner or operator that the State Fire Marshal has designated its file in this matter as the record in this case and that the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final if a written appeal is not filed within 30 days of its service.

(2) The Notice of Noncompliance and Proposed/ Final Penalty Assessment Order shall be served on the covered employer, owner or operator in person or by:

(a) Regular mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been suspended in full;

(b) Certified or registered mail, postage prepaid, true, exact and full copies when penalties for noncompliance have been assessed.

(3) When the State Fire Marshal does not issue a Notice of Non-Compliance and Proposed/Final Penalty Assessment Order after conducting an audit, the State Fire Marshal will notify the covered employer, owner, or operator in writing, at a minimum, of the following information:

(a) Which reporting requirements, if any, the covered employer, owner or operator was found to be out of compliance with;

(b) What actions the State Fire Marshal took to assist the covered employer, owner or operator to come into compliance;

(d) What enforcement actions the State Fire Marshal will take if the covered employer, owner or operator is found to be out of compliance in the future.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 4-1995, f. 12-14-94, cert. ef. 12-15-94
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0260 Employer, Owner, or Operator Response to Notices of Noncompliance

(1) After receipt of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, the covered employer, owner or operator must submit all information requested by the State Fire Marshal on or before the established compliance date.

(2) The above requirements shall not limit a covered employer, owner, or operator's appeal rights.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0270 Penalty Criteria for Noncompliance — General

(1) Any covered employer, owner or operator found to be in noncompliance may be assessed a penalty of up to a maximum of $1,000 per day for each day of noncompliance in accordance with ORS 453.357.

(a) The number of days the covered employer, owner, or operator is considered in noncompliance shall be based on the total number of days that pass between the date compliance was required to the date compliance is achieved.

(b) Compliance shall be considered achieved when the required and correct information is received by the State Fire Marshal or in the case of noncompliance with OAR 837-85-0170(1) or (2) the required information is received by the requesting health professional.

(2) The noncompliance classification established in OAR 837-085-0280 shall be used to determine the penalty, if any, that will be assessed.

(3) If a covered employer, owner, or operator is found to be in Class 1 Noncompliance, calculated and assessed penalties for violations in other noncompliance classes will not be assessed.

(4) If a covered employer, owner, or operator is found to be in two or more of Class II, III, or IV Noncompliance, a daily penalty may be assessed for only for the highest Noncompliance Class. Penalties for violations in other noncompliance classes will not be assessed.

(5) If a covered employer, owner, or operator is found to be in Class V Noncompliance, penalties for violations in other noncompliance classes will not be assessed.

(6) At any time prior to a Notice of Noncompliance and Proposed/Final Penalty Assessment Order becoming final, the State Fire Marshal may modify the notice to reflect the correct noncompliance classification or penalty assessment.

(7) Nothing in these rules shall affect the ability of the State Fire Marshal to modify penalties through a Stipulated Final Order.

(8) Penalty suspensions may be made in accordance with OAR 837-085-0310.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0280 Noncompliance Classes

For the purpose of determining the penalties that may be assessed for noncompliance, the following Noncompliance Classes are established:

(1) Class I Noncompliance. A covered employer, owner, or operator shall be considered in Class 1 Noncompliance for the following:

(a) Failing to notify the State Fire Marshal they have reportable quantities of hazardous substances;

(b) Failing to submit their Hazardous Substance Survey or annual Hazardous Substance Report, revision, or a substantive change when required.

(2) Class II Noncompliance. A covered employer, owner, or operator shall be considered in Class II Noncompliance for the following:

(a) Failing to maintain records in accordance with OAR 837-085-0110;

(b) Failing to provide an SDS or other hazardous substance information required by OAR 837-085-0090(6)(e) and (f) when requested by the State Fire Marshal;

(c) Failing to report or failing to correct misreported information required by OAR 837-085-0090(6)(a) through (c), except that failing to submit or correct misreporting of any of the following information will not be considered in Class II Noncompliance or any other class of noncompliance:

(A) North American Industry Classification System;

(B) Dun and Bradstreet Number;

(C Name of the regulatory point of contact;

(D) Department or Division;

(E) Written Emergency Plan and, if so, the location;

(F) Automatic Fire Suppression System;

(G) NFPA 704 Placarding;

(H) Other Types of Placarding;

(I) UN or NA Numbers.

(3) Class III Noncompliance. A covered employer, owner, or operator who provides all information required by OAR 837-085-0090(d) , but fails to correct misreported information, shall be considered in Class III Noncompliance, except that failing to correct any misreported maximum amount of a hazardous substance shall be considered Class IV Noncompliance.

(4) Class IV Noncompliance. A covered employer, owner, or operator who, when providing information required by OAR 837-085-0090(d), but fails to report all reportable hazardous substances or fails to report or correct any misreported maximum amount of a hazardous substance shall be considered in Class IV Noncompliance.

(5) Class V Noncompliance. A covered employer, owner, or operator who intentionally misreports on their Hazardous Substance Information Survey, Hazardous Substance Report, or records of hazardous substances or fails to provide health professionals with any pertinent hazardous substance information, in accordance with OAR 837-085-0170, shall be considered in Class V Noncompliance.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2014, f. & cert. ef. 1-9-14
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0290 Penalties for Class I, II and III Noncompliance

When a determination has been made to assess a civil penalty, the following applicable daily penalty shall be assessed for Class I, II or III Noncompliance:

(1) Class I — $100.

(2) Class II — $15.

(3) Class III — $20.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0300 Penalties for Class IV Noncompliance

(1) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator identified as being in class IV Noncompliance shall have a $50 penalty assessed daily for any number of unreported radioactive substances, radioactive wastes, explosives or highly toxic materials or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the “Lower Reporting Levels” (LRL) of five gallons, ten pounds or 20 cubic feet. Penalties for all Extremely Hazardous Substances shall be calculated at the LRL.

(2) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator shall have a separate penalty of $25 assessed daily for any number of all other unreported hazardous substances or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Upper Reporting Levels" (URL) of 500 gallons, pounds, or cubic feet.

(3) For the purpose of determining individual substances, Safety Data Sheets will be used.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 5-2013, f. & cert. ef. 6-26-13
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0305 Penalties for Class V Noncompliance

A covered employer, owner, or operator identified as being in Class V Noncompliance shall be assessed a $1000 penalty for each day they are in noncompliance.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05

Or. Admin. R. 837-085-0310 Penalty Suspensions

(1) Penalties assessed for Class I, II, III and IV Noncompliance will be suspended in accordance with the following criteria:

(a) To receive a penalty suspension a covered employer, owner, or operator receiving a Notice of Noncompliance and Proposed/Final Penalty Assessment Order must demonstrate that they have resolved all noncompliance issues identified in the notice and are now fully in compliance.

(b) Compliance must be achieved no later than the established compliance date set forth in the notice.

(c) Penalty suspensions will be calculated for each class of noncompliance identified in the Notice of Noncompliance and Proposed/Final Penalty Assessment Order.

(d) Penalty suspensions will be calculated using the Penalty Suspension Schedule set forth in section 3 of this rule.

(2) If a covered employer, owner or operator is found to be in repeat noncompliance within a five year period, the amount of penalty suspended shall be reduced based on the instance of the repeat noncompliance.

(3) Penalty Suspension Schedule:

(a) 1st instance — 75%.

(b) 2nd instance — 25%.

(4) Class V Noncompliance penalty assessments will not be suspended.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0320 Payment of Penalties

(1) All civil penalties become due and owing ten days after the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final.

(2) If payment is not received within ten days after the order becomes final, it may be docketed as a judgment as provided by law.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0330 Contested Case Process — General

(1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Substance Possession Fee, or an application for exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules.

(2) Any person directly affected may participate in the appeals process which includes, but is not limited to:

(a) An informal conference to discuss, consider and determine if there is a basis for informal disposition of an appeal by stipulation, agreed settlement, consent order, default or other means; or

(b) A formal hearing before a hearings officer where the laws, rules and evidence are presented and considered and a proposed opinion and order is issued.

(3) The appeals process shall comply with the requirements of the Administrative Procedures Act (APA), ORS Chapter 183, unless specifically addressed in these rules.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 5-2019, minor correction filed 05/10/2019, effective 05/10/2019
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0340 Requesting a Hearing

(1) Hearing requests must be filed in writing, within 30 days following:

(a) The service of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order; or

(b) Issuing a decision related to an application for exemption.

(2) Hearing requests must be sent to the State Fire Marshal and must include:

(a) The name, address and telephone number of the person making the appeal;

(b) The facility's name and address;

(d) The Notice of Noncompliance and Proposed/Final Penalty Assessment Order number and amount of penalty for which the appeal is made; and

(e) The basis upon which the appeal is being made and the specific defense relied upon.

(3) The filing of a request for a hearing shall stay payment of penalties until the Notice of Noncompliance and Proposed Final Penalty Assessment Order or an Opinion and Order becomes final.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0350 Alternative Dispute Resolutions

(1) The State Fire Marshal will provide an opportunity for a person to discuss their case during an informal conference. An informal conference may be requested and held prior to or in lieu of a formal hearing.

(2) The request for, or the holding of an informal conference shall not extend the 30 days allowed for requesting a hearing.

(3) The informal conference may be used to:

(a) Clarify requirements of the Community Right-to-Know and Protection Act;

(b) Discuss the basis for any Notice of Noncompliance and Proposed/Final Penalty Assessment Order;

(d) Clarify the wording and meaning of the Notice of Noncompliance and Proposed/Final Penalty Assessment Order;

(e) Improve a person's understanding of the Community Right-to-Know and Protection Act;

(f) Correct errors in a Notice of Noncompliance and Proposed/Final Penalty Assessment Order or penalty;

(g) Narrow issues of concern; or

(h) Arrive at the basis for an informal disposition of the dispute.

(4) As the result of an informal conference, the State Fire Marshal may amend, withdraw, extend, delete or reduce a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, for good cause.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0360 Formal Hearing

(1) The State Fire Marshal will arrange for a hearings officer to conduct a formal hearing if it is deemed that the dispute being contested cannot be resolved informally.

(2) The State Fire Marshal will set a date, time and location for the formal hearing.

(3) The State Fire Marshal will notify, by letter, the person filing an appeal or their designated representative of the date, time, location and hearings officer conducting the formal hearing.

(4) The hearings officer will hear the case and render a proposed Opinion and Order, including recommended findings of fact and conclusion of law, according to the Administrative Procedures Act (APA), ORS 183.025 to 183.725.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0370 Manifest Injustice

(1) To prevent a manifest injustice, if a timely appeal has not been filed, the State Fire Marshal, at the State Fire Marshal’s own discretion or upon request from the affected employer, owner or operator, may vacate or amend the Community Right-to-Know reporting requirements, Notice of Noncompliance and Proposed/Final Penalty Assessment Order for a facility.

(2) The State Fire Marshal may refer a matter arising under this rule to a hearings officer for a formal hearing or a regional appeals advisory board.

(3) All requests by an employer, owner or operator for consideration based on a manifest injustice shall be in writing and contain a statement indicating the basis of their request.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0380 Incident Reporting System

(1) Emergency service personnel responding to an incident of threatened or actual injury to a human, wildlife, domestic animal, or in which damage to the environment, or any property loss occurs resulting from a chemical substance or waste incident must make a written report of the incident to the State Fire Marshal:

(a) This report must be on a form approved by the State Fire Marshal;

(b) Only one written incident report for each incident is required. Responsibility for completing the written report shall be in the following order:

(A) Where fire department units have responded to the incident, the fire department having jurisdiction shall be responsible for completing and forwarding the written report;

(B) Where no fire department unit has responded to the incident and where one or more law enforcement agency is at the scene, the first law enforcement agency to have arrived at the scene shall be responsible for completing and forwarding the written report;

(C) Where no fire department unit or law enforcement agency has responded to the incident and where health professionals, including emergency medical technicians or ambulance personnel, are at the scene, the first health professional to arrive at the scene shall be responsible for completing and forwarding the written report; and

(D) Where no fire department unit, law enforcement agency or health professional has responded to the incident, any other emergency service agency, including agencies of this state, who are at the scene shall confer and determine who shall be responsible for completing and forwarding the written report.

(2) The written report required under section (1) of this rule should be submitted to the State Fire Marshal no later than ten working days after the incident occurs.

(3) The following incidents are exempted from the reporting requirements of section (1) of this rule:

(a) Motor fuels which are spilled in quantities of less than 42 gallons from a vehicle, unless it enters a waterway; or is determined to endanger the public safety or immediate or surrounding environment, including groundwater; or

(b) Sewage overflows; or

(c) Structure fires or other emergencies where hazardous substances are involved as exposures, if the quantities exposed are less than 42 gallons. This means that a Hazardous Materials Incident Report would not be required for a structure fire or other emergency if consumer quantities of hazardous substances did not directly relate to the cause of the emergency or to injuries or death. If these consumer quantities caused the incident or contributed to an injury or death, a written Oregon State Fire Marshal Hazardous Materials Incident Report would be required. As with any fire, a State Fire Marshal Fire Report is required.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10
FM 1-1994, f. & cert. ef. 1-14-94

Or. Admin. R. 837-085-0390 Annual Summaries

The State Fire Marshal shall annually summarize all incidents reported and information received from the Hazardous Substance Information Survey. Copies of these summaries will be distributed at no charge to:

(1) Governor;

(2) Legislative Assembly;

(3) Department of Environmental Quality;

(4) Workers' Compensation Division;

(5) Department of Transportation;

(6) Health Division of the Department of Human Resources;

(7) Environmental Health Sciences Center at Oregon State University;

(8) Poison Control Center at Oregon Health Sciences University;

(9) Oregon Emergency Management Division of the Department of State Police;

(10) Oregon State Police;

(11) Every public library as defined in ORS 357.400;

(12) Public fire departments;

(13) Local law enforcement agencies.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 1-1994, f. & cert. ef. 1-14-94

Division 90 HAZARDOUS MATERIALS

Or. Admin. R. 837-090-1000 Coverage

(1) Persons with facilities covered by ORS 453.317 and OAR 837-090-1000 through 837-090-1045 shall be subject to a fee assessment for those hazardous substances classified as minimally, generally, very hazardous, or subject only to a registration fee.

(2) Each facility site shall have a separate fee assessed based upon the amounts and classification of hazardous substances possessed.

(3) Hazardous Substance Possession Fees assessed by local governments based on quantity or the Hazardous Substance Information Survey shall be billed and collected only through contract with the Department of the State Fire Marshal.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.396 - 453.414
OSFM 30-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1005 General

(1) Annually any person possessing a hazardous substance at a covered facility in this state shall pay a fee for each facility site.

(2) The annual fee shall be due following the requirement for submission of a Hazardous Substance Survey. See OAR 837-090-1000 to 837-090-1045.

(3) The annual fee shall be in accordance with the fee schedules in OAR 837-090-1030 unless the substance is subject only to a registration fee.

(4) The assessment of a Hazardous Substance Possession Fee does not relieve any person from any other duty or responsibility imposed by law or rule.

(5) The Hazardous Substance Possession Fee imposed by these rules is in addition to all other state, county, or municipal fees on hazardous substances.

(6) Local government Hazardous Substance Possession Fees shall be in accordance with fee schedules established by local government rule or ordinance.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.398 - 353.402
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1010 Effective Dates

(1) OAR 837-090-1000 through 837-090-1045 are effective upon date of filing.

(2) Local government Hazardous Substance Possession Fee programs shall be in compliance with these rules.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.396 - 453.414
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1015 Definitions

(1) "Aerosol" means any material which is dispensed from its container as a mist, spray or foam by propellant under pressure.

(2) "Blasting Agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product as mixed and packaged for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitrocarbonitrates by the Department of Transportation regulations shall be included in this definition.

(3) "Carcinogen" means any substance that causes the development of cancerous growths in living tissue. A chemical is considered to be a carcinogen if:

(a) It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be carcinogenic; or

(b) It is listed as a carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology Program (NTP); or

(4) "Combustible Liquid" means any liquid having a flash point at or above 100° F. Combustible liquids shall be subdivided as follows:

(a) Class II liquids shall include those having flash points at or above 100° F. and below 140° F.;

(b) Class III-A liquids shall include those having flash points at or above 140° F. and below 200° F.;

(5) "Compressed Gas" means:

(a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70° F.; or

(b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130° F. regardless of the pressure at 70° F.; or

(6) "Corrosive" means any chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. A chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described in the U.S. Department of Transportation in Appendix A to CFR 49 Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces.

(7) "Corrosive Liquid" means any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acid, alkaline or caustic materials.

(8) "Cryogenic Fluids" means those fluids having a normal boiling point below 150° F. (See Table No. 75.102-B of the Uniform Fire Code).

(9) "Cutaneous Hazard" means a substance that dames or causes sensitization of the dermal layer of the body.

(10) "Department" means the Department of Revenue.

(11) "Dust" means pulverized particles which, if mixed with air in the proper proportions, become explosive and may be ignited by a flame or spark or other source of ignition.

(12) "Entity" means any individual, trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, and the Federal Government and any agency thereof.

(13) "Explosive" means:

(a) A chemical which causes a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure, or high temperatures; or

(b) A material or chemical, other than a blasting agent, that is commonly used or intended to be used for the purpose of producing an explosive effect and is regulated by Article 77 of the Uniform Fire Code.

(14) "Eye Hazard" means a substance that causes damage to the eyes, except those that cause damage by mechanical means.

(15) "Facility" means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with such person.

(16) "Fire Hazard" means any thing or act which increases or may cause an increase in the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.

(17) "Firework" means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 25/100 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps.

(18) "Fissile Materials" means radioisotopes which may undergo a nuclear fission reaction and are usually found only at reactor sites or as part of a nuclear weapon.

(19) "Flammable Anesthetic" means a compressed gas which is flammable and administered as an anesthetic and shall include among others, cyclopropane, divinyl ether, ethyl chloride, ethyl ether and ethylene.

(20) "Flammable Gas" means a gas which is flammable at a mixture of 13 percent or less (by volume) with air, or the flammable range with air is wider than 12 percent, regardless of the lower limit.

(21) "Flammable Liquefied Gas" means a liquefied compressed gas which under the charged pressure is partially liquid at a temperature of 70° F. and which is flammable.

(22) "Flammable Liquid" means any liquid having a flash point below 100° F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100° F. Flammable liquids shall be subdivided as follows:

(a) Class I-A shall include those having flash points below 73° F. and having a boiling point below 100° F.;

(b) Class I-B shall include those having flash points below 73° F. and having a boiling point at or above 100° F.;

(23) "Flammable Solid" means a solid substance, other than one which is defined in Article 9 of the Uniform Fire Code as a blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacture, or which has an ignition temperature below 212° F., or which burns so vigorously or persistently when ignited so as to create a serious hazard. Finely divided solid materials which when dispersed in air as a cloud may be ignited and cause an explosion are flammable solids.

(24) "Generally Hazardous" means hazardous substances which present a hazard to public health, welfare or safety or the environment.

(25) "Hazardous Substance" means:

(a) Any substance or waste known to present a physical or health hazard to employees, emergency response personnel, or the public under normal conditions of use and/or during an emergency situation; or

(b) Any hazardous chemical which is required to have a Material Safety Data Sheet pursuant to OAR 437, division 155, the Hazard Communication rules of the Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services; or

(d) Any radioactive waste as defined by ORS 469.300; or

(e) Any substance or waste designated as hazardous by the Director of the Department of Insurance and Finance or the State Fire Marshal.

(26) "Hematopoietic Toxin" means a substance which damages or disrupts the blood system.

(27) "Hepatoxin" means a substance that causes damage to the liver.

(28) "Highly Toxic Material" means a material which produces a lethal dose or lethal concentration which falls within any of the following categories:

(a) A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each;

(c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or two milligrams per liter of less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each;

(29) "Licensed Vehicle" means a motorized vehicle licensed by the State of Oregon for travel using its own power on public highways.

(30) "Hypergolic Materials" means any materials which are capable of igniting spontaneously upon contact with another substance.

(31) "Highly Hazardous" means and is equivalent to very hazardous. See section (56) of this rule.

(32) "Liquefied Gas" means a gas that is received and stored as a liquid through the use of pressure and/or cryogenic conditions.

(33) "Liquefied Petroleum Gas" means any material which is composed predominantly of the following hydrocarbons or mixtures of them: propane, propylene, butane (normal butane or isobutane) and butylenes.

(34) "Material Safety Data Sheet" means written or printed material concerning a hazardous chemical which is prepared pursuant to rules OAR 437, division 2 (29 CFR 1910.1200), Subdivision Z, the Hazard Communication Rules of the Oregon OSHA Occupational Safety and Health Division of the Department of Consumer and Business Services.

(35) "Minimally Hazardous" means hazardous substances which present little hazard to public health, welfare, safety or the environment.

(36) "Mutagen" means a substance that causes genetic (heritable) changes in the DNA of chromosomes.

(37) "Nephrotoxin" means a substance that is poisonous to the kidneys.

(38) "Neurotoxin" means a substance that causes damage to the nervous system.

(39) "Non-hazardous" means a substances which present no hazard to public health, welfare, safety or the environment.

(40) "Organic Peroxide" means an organic compound that contains the bivalent -0-0- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms have been replaced by an organic radical. Organic peroxides may present an explosion hazard (detonation or deflagration) or they may be shock sensitive. They may also decompose into various unstable compounds over an extended period of time.

(41) "Oxidizer" means a chemical other than a blasting agent or explosive as defined in Article 9 of the Uniform Fire Code that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.

(42) "Peroxide-Forming Chemical" means a chemical which, when exposed to air, will form explosive peroxides which are shock, pressure or heat sensitive.

(43) "Person" means:

(a) Any entity including, but not limited to, an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the Federal Government and any agency thereof;

(b) Any entity operating a facility that is included in one or more of the standard industrial classification categories identified by the State Fire Marshal under ORS 453.408(2).

(44) "Pesticide" means any substance or mixture of substances, including fungicides, intended for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. Products defined as drugs in the Federal Food, Drug and Cosmetic Act are exempt.

(45) "Possess" or "Possession" means the physical possession of a hazardous substance within the state.

(46) "Pyrophoric" means a chemical that will spontaneously ignite in air at or below a temperature of 130°F (54.4°C).

(47) "Quantity Range(s)" means a range of values assigned for reporting the quantities of hazardous materials. It is equivalent to the term Reporting Range.

(48) "Radioactive Material" means any material or combination of materials that spontaneously emits ionizing radiation.

(49) "Reactive Materials" means those materials which can enter into a hazardous chemical reaction with other stable or unstable materials.

(50) "Registration Fee" means a Hazardous Substance Possession Fee assessed in lieu of that set by a fee schedule.

(51) "Respiratory Hazard" means those materials which cause damage to the respiratory system.

(52) "Sensitizer" means a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.

(53) "Toxic Material" means a material which produces a lethal dose or a lethal concentration within any of the following categories:

(a) A chemical or substance that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each;

(b) A chemical or substance that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 20 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each;

(c) A chemical or substance that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.

(54) "Unstable (reactive) Liquid" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shock, pressure or temperature.

(55) "Unstable Materials" means those materials, other than explosives, which in the pure state or as commercially produced will vigorously polymerize, decompose, condense or become self-reactive and undergo other violent chemical changes, including explosion, when exposed to heat, friction, shock, or in the absence of an inhibitor or in the presence of contaminants or in contact with non-compatible materials.

(56) "Very Hazardous" means hazardous substances which present a significant hazard to public health, welfare or safety or the environment.

(57) "Water-Reactive Materials" means materials which explode violently, react, produce flammable, toxic or other hazardous gases, or evolve enough heat to cause self-ignition or ignition of nearby combustibles upon exposure to water or moisture.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.396 - 453.414
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 5-1994, f. 12-14-94, cert. ef. 12-15-94
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1020 Hazardous Classification

(1) Hazardous substances shall be classified according to the hazard(s) they present.

(2) Hazardous substances shall be classified as generally hazardous unless they meet the criteria for classification as minimally hazardous, very hazardous or are subject only to a registration fee.

(3) For purposes of the Hazardous Substance Possession Fee, the most hazardous classification that can be assigned to a substance will be used.

(4) A hazardous substance shall be classified as subject only to a registration fee if, under normal or reasonably expected conditions:

(a) Its primary hazard is that only of a nuisance dust and/or minor irritant; and

(b) It has no other hazard that would classify it as a minimally, generally or very hazardous substance; or

(5) A hazardous substance may be classified as minimally hazardous if, under normal or reason-ably expected conditions:

(a) It has a National Fire Protection Association (NFPA) 704 rating of 1 or less; and

(b) It is not required to have either the signal Words Danger or Warning on container labels; and

(c) It does not have a Threshold Limit Value (TLV), Permissible Exposure Limit (PEL) or Recommended Exposure (REL) less than 10 mg/m3 of total particulate, 5,000 ppm of gas or vapor or 10 fibers/cc; and

(d) There has been not one reliable animal or human study showing that it is a hepatoxin, nephrotoxin, neurotoxin, carcinogen, sensitizer, corrosive, hematopoietic toxin, respiratory hazard, reproductive toxin, mutagen, eye hazard, or cutaneous hazard; and

(e) It is not a hazardous waste; and

(f) It is not an aerosol, blasting agent, combustible liquid, compressed gas, corrosive, corrosive liquid, cryogenic fluid, explosive, fire hazard, fireworks, fissile materials, flammable anesthetic flammable gas, flammable liquefied gas, flammable liquid, flammable solid or metal, highly toxic material, highly toxic pesticide, hypergolic material, liquefied petroleum gas, natural gas, organic peroxide, oxidizer, peroxide, peroxide-forming chemical, pesticide, pyrometric, radioactive material, reactive material, sensitizer, toxic material, unstable (reactive) liquid, unstable material or water-reactive material; or

(g) It is classified as such by the Department of the State Fire Marshal.

(6) A hazardous substance will be classified as very hazardous if, under normal or reasonably expected conditions:

(a) It has a National Fire Protection Association (NFPA), 704 health and/or reactivity rating of 4; or

(b) It is required to have the signal word Danger on container labels; or

(c) It is a highly toxic material, human carcinogen, high explosive, highly combustible dust or metal, Class 4 oxidizer, Class I organic peroxide, pyrophoric, Class 4 unstable (reactive) material, Class 3 water-reactive material, radioactive material, hypergolic; or

(d) It is classified as such by the Department of the State Fire Marshal.

(7) The Department of the State Fire Marshal shall make an initial hazard classification of hazardous substances:

(a) In the absence of information to support classification as minimally hazardous, very hazardous or subject only to a registration fee, each hazardous substance shall be classified as generally hazardous;

(b) Requests for changes in hazard classifications shall be made in writing to the Department of the State Fire Marshal. The request shall include the facility ID number, company name, address and telephone number of the facility requesting the change, the name of the person making the request, the name of the substance and a Material Safety Data Sheet for the substance.

(8) If the Material Safety Data Sheet (MSDS) states, or indicates by content a mixture of hazardous substances has been tested as a whole to determine its hazards, the results of such testing shall be used to determine the mixture's hazard classification. If there is other documentation available that indicates there may be other hazards associated with the substance being evaluated, the State Fire Marshal may also consider that information to assist in determining the hazard rank classification.

(9) If a mixture of hazardous substances has not been tested as a whole, the health hazard established for the product will be the same as the most hazardous ingredient that makes up 20 percent (by weight or volume) or more of the mixture. The mixture shall be considered to have carcenogenic hazards if it contains a listed carcinogen in amounts of 5 percent or more.

(10) If the MSDS indicates the ingredients of a mixture are neutralized or would not create a hazard under normal or reasonably expected conditions due to a chemical reaction of ingredients, by encapsulation or bound in a compound, the potential hazard will be evaluated using the MSDS and any other applicable documents.

(11) If a mixture of hazardous substances has not been tested as a whole to determine whether the mixture is a physical hazard, the Department of the State Fire Marshal may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture and its hazard classification.

(12) If there is evidence to indicate that a component present in the mixture in concentrations of less than 30 percent (or in the case of carcinogens, less than 10 percent) could be released in concentrations which would exceed an established Permissible Exposure Limit, ACGIH Threshold Limit Value, or Recommended Exposure Limit, or could present a health hazard in those concentrations, the mixture shall be assumed to present the same hazard as the component.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.402(2)
OSFM 29-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 5-1994, f. 12-14-94, cert. ef. 12-15-94
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1025 Payments and Billings

(1) Hazardous Substance Possession Fee payments are due by January 1 unless otherwise specified on the fee assessment statement.

(2) Hazardous Substance Possession Fees shall be due retroactively to January 1 of each year, for those persons who had been notified but failed to previously submit required complete and accurate Hazardous Substance Information Surveys as required by OAR 837-085-0010 to 837-085-0090.

(3) In the absence of other data, current survey data will be used to assess the fee(s) for the previous year(s) when a firm was subject to the Hazardous Substance Information Survey and assessed fees.

(4) Persons who fail to pay the assessed fee within 60 days of the due date shall be assessed a late penalty fee of five percent of the fee amount.

(5) Persons who pay the assessed fee 60 days or more after the due date on the fee assessment statement shall be subject to payment of interest at the rate prescribed under ORS 305.220.

(6) Persons subject to retroactive fee assessments shall be subject to payment of interest at the rate prescribed under ORS 305.220.

(7) The Department of the State Fire Marshal shall, for each year a fee is due, send a statement to each person subject to the fee indicating the amount of fee due and the due date.

(8) The Department of the State Fire Marshal may extend for good cause, up to one month, the due date for fee payment:

(a) The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted;

(b) If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, for each month, or fraction of a month, from the time the payment was originally due to the time payment is actually made, shall be added and paid.

(9) If the person fails to pay the amount due, the State Fire Marshal may either:

(a) Bring an action for the recovery of the fee due; or

(b) Initiate a contested case hearing according to the applicable provisions of ORS 183.310 to 183.550.

(10) Notwithstanding any provision of ORS 183.310 to 183.550, nothing in section (9) of this rule shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (9)(a) of this rule.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.400 - 403.404
OSFM 28-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1030 State Fee Schedules

(1) Three state fee schedules shall be developed annually as the basis for assessing each person returning Hazardous Substance Information Survey (see OAR 837-090-1000 to 837-090-1045) a Hazardous Substance Possession Fee.

(2) The annual fee assessed under each schedule shall be based upon the single largest maximum aggregate quantity of substance reported in the Hazardous Substance Information Survey that is manufactured, stored, or otherwise possessed by a facility during the survey year.

(3) The programs to be funded from fees collected under ORS 453.396 to 453.414 and these rules, and the range of the fee schedules that may be considered, beginning July 1989, are as follows:

(a) For funding the Community Right to Know and Protection Act, not less than $25 and not more than $2,000 per facility;

(b) For funding the Toxics Use Reduction and Hazardous Waste Reduction Act, not less than $25 and not more than $2,000 per facility;

(c) For each employer's share of a total of up to $1 million to be deposited into the Orphan Site Account established under ORS 465.381, not less than zero and not more than $9,000 per facility. This schedule shall not require an employer to pay a total more than $25,000 for all facilities.

(4) Employers that believe a billing error has occurred may request a fee review. Fee review requests must be made in writing to the Office of State Fire Marshal within 20 days of the billing mail date. Fee review requests must include the company name, facility ID number, site address, name of the substance the fee was based on, amount of the fee assessed, telephone number and the reason for requesting a review.

(5) Any dispute as to the amount or validity of a hazardous substance fee assessment shall be resolved in accordance with the appeals process procedures outlined in the Administrative Procedures Act (APA), ORS 183.025 to 183.725, unless specifically addressed in these rules.

(6) The Office of State Fire Marshal adopts by reference the Hazardous Substance Possession Fee schedules effective July 1, 2016. Copies of these fee schedules are available for review at the central office of the State Fire Marshal during normal business hours or online at http://www.oregon.gov/OSP/SFM/Pages/index.aspx

(7) If a person can provide evidence that all or part of their propane is derived from the refining of crude oil, the fee assessment Reporting Quantity Range and the fee shall be adjusted accordingly;

(8) If a person can provide evidence that all or part of their propane is used to power motor vehicles licensed for public highway use, the fee assessment Reporting Quantity Range and the fee shall be adjusted accordingly.

History

Statutory/Other Authority: ORS 453.408, 833 & 1071
Statutes/Other Implemented: ORS 453.402
OSFM 1-2016, f. & cert. ef. 7-1-16
OSFM 1-2015, f. 6-22-15, cert. ef. 7-1-15
OSFM 4-2014, f. & cert. ef. 7-1-14
OSFM 2-2013, f. 6-26-13, cert. ef. 7-1-13
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
Reverted to FM 7-1992, f. 6-15-92, cert. ef. 7-15-92, Renumbered from 837-090-0900
FM 9-1992(Temp), f. & cert. ef. 9-28-92
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92, Renumbered from 837-090-0900
Reverted to FM 4-1989, f. & cert. ef. 8-31-89
FM 3-1991(Temp), f. & cert. ef. 12-23-91
Reverted to FM 4-1989, f. & cert. ef. 8-31-89
FM 7-1990(Temp), f. & cert. ef. 11-15-90
FM 4-1989, f. & cert. ef. 8-31-89

Or. Admin. R. 837-090-1035 Records

(1) Every person who possesses a hazardous substance shall keep at the registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used, or manufactured at the facility.

(2) The State Fire Marshal or an authorized representative of the State Fire Marshal, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 453.396 to 453.414 and these rules.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.406
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1040 Exemptions

(1) Units of local government are exempted from the assessment of Hazardous Substance Possession Fees for those substances which the unit of local government:

(a) Is specifically required to use by a state or federal law or rule; or

(b) Uses to meet a standard imposed by state or federal law or rule; or

(2) Unit of local government exemption requests shall be made on forms or by methods specified by the Department of the State Fire Marshal.

(3) The following substances are exempt from the Hazardous Substance Possession Fee:

(a) Crude oil and petroleum products derived from the refining of crude oil, including plant condensate, gasoline, diesel motor fuel, aviation fuel, lubrication oil, crankcase motor oil, kerosene, benzol, fuel oil, residual fuel, petroleum coke, asphalt base, liquefied or liquefiable gases such as butane, ethane and propane and other products described during petroleum processing, but not including derivatives, such as petroleum jellies, cleaning solvents or asphalt paving;

(b) Solid waste as defined in ORS 459.005;

(d) Any substance or activity which the Constitution or laws of the United States prohibit the state from taxing;

(e) Propane used to power licensed motor vehicles;

(f) Propane when possessed by public schools;

(g) Natural gas unless stored in liquefied form for non-vehicular use in quantities greater than 200 cubic feet.

(4) Persons whose property is exempt from taxation under ORS 307.090 are exempt from that portion of the Hazardous Substance Possession Fee assessed for funding the Orphan Site Account under ORS 453.402(2)(c).

(5) The State Fire Marshal by rule may add persons or substances to or exempt persons or substances from liability for the fee imposed under ORS 453.396 to 453.414 to conform to the reporting requirements established by the State Fire Marshal under the Community Right to Know and Protection Act. See OAR 837-090-1000 to 837-090-1045. Requests for such exemptions shall be made according to the exemption provisions in OAR 837-090-1040.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.402 & 453.414
OSFM 27-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91
FM 7-1990(Temp), f. & cert. ef. 11-15-90

Or. Admin. R. 837-090-1045 Local Government Fees

(1) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey shall be used solely to supplement and not to duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372.

(2) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey, shall be billed and collected only through contract with the Department of the State Fire Marshal.

(3) Local governments shall not assess a hazardous Substance Possession Fee for the same substance to persons who are assessed a Hazardous Substance Possession Registration Fee by the Department of the State Fire Marshal.

(4) The Department of the State Fire Marshal shall not enter into a contract with a local government under OAR 837-090-1000(3) or section (2) of this rule, unless the local government meets the following requirements:

(a) The local government certifies that the revenue from the local Hazardous Substance Possession Fee will be used solely to supplement and not duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372; and

(b) The local Hazardous Substance Possession Fee system is structured to be compatible with the fee schedules adopted by OAR 837-090-1030; and

(c) The local Hazardous Substance Possession Fee assessment program will not raise moneys in excess of that needed to carry out the local government's supplemental Community Right-To-Know programs.

(5) The contract under these rules shall include:

(a) Provisions that assure that the local government pays the portion of the costs that may be attributed to its fee assessment program; and

(b) Conditions that require the local government to bear all costs related to collection of its fee, including but not limited to costs associated with conducting hearings or appeals on the fee;

(6) Any local government operating a Hazardous Substance Possession Fee assessment program shall comply with these rules on or before July 1, 1992.

(7) Local government programs funded by Hazardous Substance Possession Fees will be reviewed by the Department of the State Fire Marshal to ensure against duplication, in accordance with ORS 453.402(7)(b).

(8) Failure of a local government to comply with section (4) of this rule will result in cancellation of the Department of the State Fire Marshal's contract and the local government's Hazardous Substance Possession Fee assessment program.

History

Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.402
OSFM 26-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 7-1992, f. 6-15-92, cert. ef. 7-15-92
FM 3-1991(Temp), f. & cert. ef. 12-23-91

Or. Admin. R. 837-090-1145 Petroleum Load Fee

As provided in ORS 465.101 to 465.131, the petroleum load withdrawal fee is established to implement the statewide hazardous materials emergency response system provided in ORS 453.374 as it relates to the maintenance, operation, and use of the public highways, roads, streets, and roadside rest areas. Effective October 1, 2019 the fee shall be $9.00 per load, effective July 1, 2020 the fee shall be $10.00 per load.

History

Statutory/Other Authority: ORS 465.106
Statutes/Other Implemented: ORS 465.106
OSFM 8-2019, amend filed 09/27/2019, effective 10/01/2019
OSFM 3-2013, f. 6-26-13, cert. ef. 6-30-13
OSFM 11-2012(Temp), f. 11-1-12, cert. ef. 1-1-13 thru 6-30-13
OSFM 3-2009, f. & cert. ef. 11-18-09
OSFM 12-2005, f. & cert. ef. 8-15-05
OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02
FM 5-1993, f. & cert. ef. 11-1-93

Division 95 STATE EMERGENCY RESPONSE COMMISSION

Or. Admin. R. 837-095-0010 Purpose and Scope

These rules establish emergency planning districts as required by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.). The rules provide guidelines for the establishment of a Local Emergency Planning Committee (LEPC) within each emergency planning district. The rules also establish a State Emergency Response Commission (SERC) Executive Committee.

History

Statutory/Other Authority: ORS 476.030(2)
Statutes/Other Implemented: ORS 453.520
OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15

Or. Admin. R. 837-095-0020 Definitions

For purposes of Oregon Revised Statutes (ORS) 453.520 only, the following definitions apply:

(1) “Emergency Planning District” means geographic boundaries designated by the State Emergency Response Commission to facilitate preparation and implementation of emergency plans related to hazardous materials incidents.

(2) “Industry” means facilities subject to the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Chapter 11001 et seq.).

(3) “Local Emergency Planning Committee” means a federally mandated, quasi-governmental entity representing local government, emergency response officials, facility owners/operators, environmental and citizen groups and other interested parties.

(4) “State Emergency Response Commission” means the Department of the State Fire Marshal as designated by the Governor pursuant to the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Chapter 11001 et seq.).

(5) “State Emergency Response Commission Executive Committee” means a body established to assist the SERC in carrying out the responsibilities mandated in EPCRA.

History

Statutory/Other Authority: ORS 476.030(2)
Statutes/Other Implemented: ORS 453.520
OSFM 25-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15

Or. Admin. R. 837-095-0030 SERC Executive Committee

(1) The State Emergency Response Commission shall maintain a SERC Executive Committee whose purposes include but are not limited to:

(a) Advising the SERC on the designation of Emergency Planning Districts consistent with Oregon Administrative Rules (OAR) 837-095;

(b) Advising the SERC on the creation, modification, or dissolving of Local Emergency Planning Committees (LEPC) and on the confirmation of appointments to those committees;

(d) Supporting Local Emergency Planning Committee efforts to implement EPCRA and ORS 453.520;

(e) Supporting and assisting SERC and Local Emergency Planning Committee efforts to enhance hazardous materials emergency preparedness and response capabilities;

(f) Coordinating hazardous materials training, education, exercises, and outreach activities as well as grant and technical assistance opportunities in support of the SERC and Local Emergency Planning Committees; and

(g) Setting priorities for spending Oregon's allocation of federal Hazardous Materials Emergency Preparedness (HMEP) funds and evaluating requests from LEPCs to fund planning, training, and exercise projects using HMEP funds.

(2) The membership of the SERC Executive Committee shall be by agency or organization, each with one representative and one alternate. The SERC Executive Committee shall consist of the following:

(a) The director or a designee of the following state agencies:

(A) Oregon Department of the State Fire Marshal

(B) Oregon Department of Emergency Management

(D) Oregon State Police

(E) Oregon Governor’s Office

(F) Oregon Health Authority

(G) Oregon Department of Environmental Quality

(b) A representative from each of the following organizations or groups:

(A) Local Emergency Management

(B) Oregon Emergency Management Association

(D) Industry

(E) Oregon Fire Chiefs Association

(F) Oregon Regional Hazardous Materials Emergency Response Teams

(G) Oregon State Sheriffs’ Association

(H) Oregon Tribes

(I) Association of Oregon Counties

(3) The SERC Executive Committee shall adopt bylaws and establish such policies and procedures as necessary to conduct its work.

History

Statutory/Other Authority: ORS 476.030(2)
Statutes/Other Implemented: ORS 453.520
OSFM 1-2026, amend filed 01/30/2026, effective 01/30/2026
OSFM 24-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 9-2019, amend filed 09/27/2019, effective 10/01/2019
OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15

Or. Admin. R. 837-095-0040 Emergency Planning Districts

The SERC designates each of the 36 counties of Oregon as an Emergency Planning District (EPD) for the purposes of EPCRA.

(a) Two or more emergency planning districts may combine resources and function as a single EPD by providing documentation of such request to the SERC from an authorized representative of each county.

(b) Should any county participating in a combined EPD desire to dissolve the combined EPD for any reason, an authorized representative of the county must notify the SERC as well as the other county(ies) involved in the combined EPD of their desire to withdraw from the combined EPD.

History

Statutory/Other Authority: ORS 476.030(2)
Statutes/Other Implemented: ORS 453.520
OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15

Or. Admin. R. 837-095-0050 Local Emergency Planning Committees

(1) A Local Emergency Planning Committee (LEPC) shall be formed in each EPD. Membership in the LEPC should be guided by the EPCRA and be reflective of the stakeholders within each EPD.

(2) The duties and responsibilities of the LEPC should be consistent with the intent of EPCRA and focus on enhancing hazardous materials emergency planning, preparedness and response capabilities within the EPD.

(3) Each LEPC shall appoint a chairperson and adopt such policies and procedures as are necessary to conduct its work.

(4) Each LEPC shall appoint an Information Coordinator to assist the LEPC Chair, as required under EPCRA.

(5) Each LEPC shall maintain and provide to the SERC a list of contact information for all committee members.

(6) Each LEPC shall prepare an emergency plan, or annex to an appropriate county emergency operations plan, in accordance with EPCRA.

(7) Each LEPC shall review its community emergency response plan annually and submit the reviewed plan to the SERC for review and recommendations.

History

Statutory/Other Authority: ORS 476.030(2)
Statutes/Other Implemented: ORS 453.520
OSFM 1-2026, amend filed 01/30/2026, effective 01/30/2026
OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15

Division 110 FIELD BURNING AND PROPANING RULES

Or. Admin. R. 837-110-0005 Purpose and Scope

The purpose of these rules is to increase the degree of public safety by preventing unwanted wild fires and smoke from field burning and propaning near highways and freeways within the State of Oregon. These rules shall apply to that area west of the crest of the Cascade Range and south to the Douglas/Lane County lines.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0007 Definitions

(1) Local services road: Serves isolated areas that have little or no potential for further development and those serving a minimal number of parcels of land. Most of these roads will not be through roads (connected to public roads on both ends) but will dead end at the service to the last parcel on the road.

(2) Trained Flagger: Has successfully completed a training course taught by a competent person. The training course must comply in substance with Oregon Department of Transportation flagging course content.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03

Or. Admin. R. 837-110-0010 Field Preparation

(1) Prior to burning, all fields shall be prepared by providing a barrier around the perimeter free of combustibles.

(2) The barrier shall prevent any fire spread and shall be prepared by using one or more of the following methods:

(a) Plowing or disking a 17-foot strip around the field perimeter; or

(b) Plowing or disking a five-foot strip around the field perimeter and the removal of loose, combustible straw from a 12-foot strip immediately adjacent to the five-foot strip; or

(d) Retaining a least a 50-foot strip of green cover crop or bare earth in the immediately adjacent field(s) at the time of burning; or

(e) Other alternatives may be used with the specific written approval of the State Fire Marshal.

(3) The barrier need not be provided where the perimeter of the field lies adjacent to a field that meets the provision of this section.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0020 Firefighting Water Supplies

(1) When burning acreage, the following firefighting vehicles shall be provided:

(a) Up to 50 acres — At least two water tank vehicles with a minimum of 1,000 gallon water capacity shall be on site;

(b) 50 to 200 acres — At least three water tank vehicles with a minimum of 1,500 gallon water capacity shall be on site;

(2) Refill Requirements: During actual firefighting operations the water requirements described in this section shall be maintained at or above 25 percent of the specified amount. Within the buffer zone described in OAR 837-110-0080, this requirement shall be raised to at least 50 percent.

NOTE: Vehicles with smaller capacity water tanks may be used to meet the total gallonage capacity required by subsections (1)(a) through (c) of this rule.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0030 Firefighting Equipment

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0040 Ignition Criteria

(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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0050 Prohibited Use

The use of pitch forks, harrows, or the dragging of burning tires to ignite the fire is prohibited.

History

Statutory/Other Authority: ORS 476 & 478
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0060 Communication

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.

History

Statutory/Other Authority: ORS 476 & 478
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0070 Fire Safety Watch

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 2-1994, f. & cert. ef. 2-7-94
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0075 Traffic Safety

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03

Or. Admin. R. 837-110-0080 Fire Safety Buffer Zones

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.

(2) Other Roadways:

(a) Field burning may be permitted in the fire safety buffer zone only where a 1/8-mile-wide noncombustible ground surface is provided between the field to be burned and the nearest edge of the highway right-of-way. Noncombustible ground surfaces shall meet the criteria described in section (3) of this rule;

(b) The 1/8 mile noncombustible ground surface shall extend 1/8 mile in each direction beyond the permitted field boundaries parallel to the highway right-of-way;

(A) ORE 99 — The section from Junction City to Eugene;

(B) ORE 99E — The sections from Oregon City to Salem and from Albany to Junction City;

(D) US 20 — The section from Philomath to Lebanon;

(E) ORE 22 — The section from ORE 18 to Mehama;

(F) US 26 — The section from ORE 47 interchange to Portland;

(G) ORE 34 — The section from Corvallis to Lebanon.

(3) Noncombustible ground surfaces mentioned in subections (1)(a) and (b) and (2)(a) and (b) of this rule may be provided by planting a noncombustible ground cover approved by the State Fire Marshal or by disking and plowing the surface. Other alternative methods may be recognized by the State Fire Marshal or designee.

(4) The Department of the State Fire Marshal or designee with the concurrence of the Department of the State Fire Marshal may grant specific written approval:

(a) Not to provide the extensions required by subsections (2)(a) and (b) of this rule, when natural barriers such as rivers or other noncombustible surfaces exists; or

(b) For the use of alternative methods to provide the noncombustible ground surfaces required by subsections (1)(a) and (b) and (2)(a) and (b) of this rule.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 23-2023, minor correction filed 07/03/2023, effective 07/03/2023
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0090 Ban on Burning

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0110 Field Preparation— Propaning

(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.

(3) The barrier need not be provided where the perimeter of the field lies adjacent to a field that meets the provisions of this section.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0120 Firefighting Water Supplies

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0130 Firefighting Equipment

The person(s) responsible for the acreage to be propaned shall use firefighting equipment that meets or exceeds the following standards:

(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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
FM 2-1994, f. & cert. ef. 2-7-94
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0140 Communication

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.

History

Statutory/Other Authority: ORS 476 & 478
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0150 Fire Safety Watch

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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
FM 2-1994, f. & cert. ef. 2-7-94
FM 4-1993(Temp), f. & cert. ef. 8-11-93
FM 1-1989, f. & cert. ef. 2-7-89
FM 8-1988(Temp), f. & cert. ef. 8-15-88
FM 7-1988(Temp), f. & cert. ef. 8-12-88

Or. Admin. R. 837-110-0155 Traffic Safety

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.

(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.

History

Statutory/Other Authority: ORS 476.030, 476.380 & 478.960
Statutes/Other Implemented: ORS 476.380 & 478.960
OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03

Division 120 HAZARDOUS MATERIALS EMERGENCY RESPONSE SYSTEM

Or. Admin. R. 837-120-0001 Purpose and Scope

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0010 Definitions

For the purposes of these rules the following definitions apply:

(1) “Clean-up” means the measures taken after emergency response to permanently remove the hazard from the incident site.

(2) “Contract” shall mean the entire written intergovernmental agreement between the State of Oregon and a Regional or Limited Hazardous Materials Emergency Response Team contractor.

(3) “Contractor” means the local government agency(s) by which the service or services will be performed under this agreement, including those agencies under an approved intergovernmental or interagency agreement.

(4) “Documentation” means the State Fire Marshal billing form, State Fire Marshal hazardous materials incident form, the team incident report, and the decision matrix if used, or a form incorporating these forms.

(5) “Emergency Response” means those actions taken to respond to a hazardous materials incident as defined in OAR 837-120-0010(5), and includes those actions and services set out in OAR 837-120-0020(3).

(6) “Emergency Response Costs” means the total emergency response expense, including team response costs, arising from a hazardous materials emergency. Such costs generally include, but are not limited to, all OSFM and contractor expenses that result from the assessment and emergency phases of the response activity. Emergency response costs do not include clean up or disposal costs of hazardous materials, except, as may be reasonably necessary and incidental to preventing a release or threat of release or in stabilizing the emergency response incident.

(7) “Extraordinary Response Costs” means and is equivalent to “team response costs”. See also OAR 837-120-0090(4).

(8) “Facility” means any building, structure, installation, equipment, pipe or pipe-lines, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, aircraft, or any other place where there is a release, or threatened release, of a hazardous material.

(9) “Hazardous Materials” means "hazardous substance" as that term is defined in ORS 453.307(5).

(10) “Hazardous Materials Emergency Response” means and be equivalent to emergency response as defined and described in section (5) of this rule and OAR 837-120-0020(3).

(11) “Incident” means any actual or imminent threat of a release, or any rupture, fire or accident that results in, or has the potential to result in, the loss or escape of a hazardous material into the environment.

(12) “Incident Termination” means the process of completing mitigation actions, securing supplies, equipment, materials, information and communication with command as it relates to a hazardous materials incident.

(13) “Limited Hazardous Materials Emergency Response Team or Limited Response Team” means a hazardous materials emergency response team operating in conjunction with and providing assistance to a RHMERT in a limited manner or area of the state. See also section (23) of this rule.

(14) “Local Emergency Planning Committee (LEPC)” means the statewide hazardous materials emergency planning committee designated by the Oregon Interagency Hazard Communication Council in its role as the State Emergency Response Commission under ORS 453.520 and the Emergency Planning and Community Right-to-Know Act.

(15) “Local Government Body” means a city, county, special district or subdivision thereof.

(16) “Local Response” means a hazardous materials emergency response in the local governmental area where team members normally conduct emergency response activities and those areas where the local government has a hazardous materials mutual response agreement in place and the responding team does not respond as a state team.

(17) “Mitigation” means actions taken to bring an emergency incident under control using fire suppression, containment, confinement and other protective actions that 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.

(18) “Motor Vehicle” means, but is not limited to, any vessel, aircraft or automobile, motorcycle or other conveyance driven upon public or private lands.

(19) “ORS” means Oregon Revised Statutes.

(20) “Person” means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, state, municipality, commission, political subdivision of this state, and interstate bodies.

(21) “Primary Response Area” means the geographical region where the contractor is principally responsible for providing regional Hazardous Materials Emergency Response services pursuant to this contract.

(22) “Regional Hazardous Materials Emergency Response Team” (RHMERT) means the group of individuals, including the employees or agents of the contractor, designated or tasked to respond to, control, or stabilize actual or potential emergency releases of hazardous substances. A RHMERT operates within the limits discussed in Oregon-OSHA's OAR 437, Division 2, which is incorporated herein by this reference.

(23) “Release” shall have the same meaning as that in ORS 465.200(22).

(24) “Responsible Person” means the individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof responsible for causing the emergency to which the RHMERT responded. (See, e.g. ORS 453.382).

(25) “State” means the State of Oregon acting by and through the Department of the State Fire Marshal.

(26) “State Spill Response Revolving Fund” means the revolving fund established under ORS 453.390.

(27) “Team Response Costs” means those contractor expenses which are directly related to RHMERT operations, are expressly allowed under this agreement, and are approved by the OSFM. “Team response costs” are equivalent to “extraordinary response costs”. See also OAR 837-120-0090(4).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 22-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0020 Hazardous Materials Response System and Response Team Contracts

(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.

(4) The statewide hazardous materials emergency response system shall include provisions for contracts for regional and limited hazardous materials emergency response teams.

(5) Regional and limited hazardous materials emergency response teams shall operate under the contract between the state and local government agencies.

(6) Regional and limited hazardous materials emergency response team contracts shall include an applicable contract, together with all attachments, exhibits, and addenda, if any.

(7) Contractor compensation shall generally include:

(a) Specialized training for regional and limited response team members;

(b) Costs associated with delivering program outreach;

(d) Loans of state emergency response vehicles to contractors;

(e) Loans of state emergency operations equipment to contractors;

(f) Protection of regional and limited response team members from tort liability as set forth in ORS 453.384;

(g) Recovery of team response costs on behalf of contractors; and

(h) Payment of contractor’s team response costs under OAR 837-120-0090 when no payments are forthcoming from responsible person(s).

(8) Except as specifically agreed to by agreement and contract, a contractor’s compensation will not include:

(a) Personnel costs associated with non-emergency activities; or

(b) Team response costs not directly arising from an actual or threatened release of a hazardous material or which do not otherwise qualify under section (7) of this rule.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0030 Emergency Response Criteria

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 21-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0040 Dispatch Process

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 20-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0050 Regional and Limited Response Team Services

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0060 Regional and Limited Response Team Performance Conditions

(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.

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0070 Emergency Preplanning

(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.

(2) In addition to the information described in section (1) of this rule, local government officials who wish to utilize regional or limited response team services should plan to provide any other information the regional or limited response team officer reasonably requests in advance of an incident. Such preplanning data may include, but shall not be limited to:

(a) Facility site-specific floor plans and occupancy information;

(b) Local maps;

(d) The types and level of emergency operational support and resources available locally; and

(e) Any other necessary information.

(3) Regional and limited hazardous materials emergency response teams shall have access to the information contained in the state’s Community Right-to-Know survey database.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.347
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0080 Response Fee Schedules

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374
OSFM 19-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
OSFM 4-2013, f. 6-26-13, cert. ef. 7-1-13
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0090 Response Costs and Financial Liability

(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.

(6) The State Fire Marshal, using documentation and reports of the regional or limited response team, will bill the person(s) that caused the hazardous materials emergency according to the requirements of ORS 453.382.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.382
OSFM 18-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0100 Defenses Against Liability

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.

(4) Liability for radioactive material incidents is established in ORS 469.615 and OAR 345-060-0045.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.382
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0110 Disputed Emergency Response Billings

(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

(3) Any state cost of collection or legal representation will be added to the outstanding disputed billing and shall become the legal obligation of the person(s) found responsible for causing the emergency.

(4) A regional or limited response team contractor which has agreed to operate only under state authority may bill the state for the costs of state approved responses to incidents within the contractor’s local jurisdiction.

(5) A regional or limited response team contractor which has not agreed to operate only under state authority may bill the state for costs of responses to incidents within the contractor’s local jurisdiction only were the responsible person(s) have been identified and have agreed to pay for all costs of emergency response, or there has been prior advance approval of such billing by the state.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.382
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0120 Government Liability for Emergency Responses

(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: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.384
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0140 Notification and Reporting

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92

Or. Admin. R. 837-120-0301 Purpose— Regional Hazardous Materials Emergency Response Team Training Programs

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0310 Definitions

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0320 Requests for Training Program Approval

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;

(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;

(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.

(2) Filing location. Applications shall be submitted to the headquarters of the Department of the State Fire Marshal.

(3) Amendments and withdrawals:

(a) The applicant shall be permitted to revise an application any time prior to a final decision on the approval application;

(b) The applicant shall be permitted to withdraw an application, without prejudice, at any time prior to the final decision on the approval application.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 17-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0330 Review Process

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0340 Decision Process

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.]

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0350 Terms and Conditions of Approval

(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.

(3) Revision of an approved program. The applicant may change elements of its approved training program by notifying the State Fire Marshal of the change, certifying that the reviewed program change meets the requirements of OAR 837-120-0340, that the entire approved program continues to meet the requirements of 837-120-0340, and that supporting documentation is provided upon which its conclusions are based. The applicant may make the change upon notification to the State Fire Marshal. However, if on subsequent review, the State Fire Marshal determines the change is inconsistent with 837-120-0340 and so notifies the applicant, the applicant must revert to the original elements.

(4) Lapse of approval; reapplication. The approval of a training program shall automatically lapse on the date specified in accordance with subsection (2)(b) of this rule. An applicant of an approved program may renew its approval by filing a renewal request with the State Fire Marshal not less than 180 calendar days, nor more than one year, before the expiration date of its current approval. When the applicant has filed such a renewal request, the current approval will not expire until a final decision has been made on the renewal request. The renewal request will be processed in accordance with the procedures of OAR 837-120-0320 through 837-120-0340.

(5) Transfer of an approved program. An applicant may not transfer the approval of its program to any other person or organization without prior written authorization from the State Fire Marshal.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0360 Grounds for Revocation of Approval

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0370 Procedure for Revocation of Approval

(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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0390 Requirements of an Applicant Following Program Approval

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.

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
OSFM 16-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0400 Examinations

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).

History

Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.374 - 453.390
FM 2-1991, f. & cert. ef. 8-5-91
FM 1-1991(Temp), f. & cert. ef. 3-5-91

Or. Admin. R. 837-120-0501 Purpose and Scope

(1) These rules are promulgated under the Department of the State Fire Marshal's authority contained in ORS 453.392.

(2) The provisions of this rule shall apply to the statewide hazardous material emergency response system established under ORS 453.392 to 453.394.

(3) Identify a repository to inventory hazardous materials response resources.

(4) Ensure continual readiness, maintenance of equipment, and training of personnel.

History

Statutory/Other Authority: ORS 453.392
Statutes/Other Implemented: ORS 453.392 – 453.394
OSFM 15-2023, minor correction filed 07/03/2023, effective 07/03/2023
OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17

Or. Admin. R. 837-120-0510 Definitions

For the purposes of these rules the following definitions apply:

(1) “Coordinated response” means the integration of federal, state, local, and railroad emergency response resources operating under the National Incident Management System, in conjunction with Hazardous Materials Transportation by Rail contingency plans and Emergency Support Functions.

(2) "Hazardous Materials" means "hazardous substance" as that term is defined in ORS 453.307(5).

(3) "Spill or Release" means the discharge or threat of discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air, on any land or into any waters of the state.

History

Statutory/Other Authority: ORS 453.392
Statutes/Other Implemented: ORS 453.392 – 453.394
OSFM 1-2020, minor correction filed 02/20/2020, effective 02/20/2020
OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17

Or. Admin. R. 837-120-0520 Planning and Coordinated Response

The Department of the State Fire Marshal (OSFM) shall:

(1) Develop and annually review a Hazardous Materials Transportation by Rail state agency coordination plan in collaboration with Department of Environmental Quality, Oregon Department of Transportation, and Department of Emergency Management. This plan will work with existing local, state, and federal plans, or as required by federal laws and regulations;

(2) Provide support to local emergency planning committees for administration, outreach, planning, and exercise participation as it relates to oil and hazardous materials transportation by rail;

(3) By February 1 of each year, and in coordination with local governments, state agencies, emergency responders, and railroad industry representatives involved in hazardous materials response, submit a Legislative Report to the Department of Emergency Management and the Legislative Assembly.

History

Statutory/Other Authority: ORS 453.392
Statutes/Other Implemented: ORS 453.392 – 453.394
OSFM 14-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17

Or. Admin. R. 837-120-0530 Hazardous Materials Response Resource Management

The Department of the State Fire Marshal (OSFM) shall:

(1) Inventory oil and hazardous materials emergency response resources available in Oregon by identifying their locations, means to access them, whether they are publicly or privately maintained, and uploading them to the Western Response Resource List;

(2) Identify the need for additional Hazardous Materials Transportation by Rail emergency response resources for spill or release of hazardous materials;

(3) Facilitate the acquisition and strategic deployment of oil and hazardous materials spill response resources to support emergency response to hazardous materials by rail incidents.

History

Statutory/Other Authority: ORS 453.392
Statutes/Other Implemented: ORS 453.392 – 453.394
OSFM 12-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17

Or. Admin. R. 837-120-0540 Training and Exercise Programs

The Department of the State Fire Marshal (OSFM) shall:

(1) Provide support to local responders to attend regional or fixed training within the state for response to crude oil and hazardous materials transportation by rail incidents with authorized funding sources;

(2) Provide support to OSFM regional hazmat teams to offer outreach training within their response regions;

(3) Provide support to OSFM regional hazmat teams to participate in large scale exercises, scenario-based training, or specialized courses in hazardous materials transportation by rail emergencies.

History

Statutory/Other Authority: ORS 453.392
Statutes/Other Implemented: ORS 453.392 – 453.394
OSFM 13-2023, minor correction filed 06/29/2023, effective 06/29/2023
OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17

Division 130 STANDARDIZED-COSTS SCHEDULES

Or. Admin. R. 837-130-0000 Purpose and Scope

(1) The purpose of these rules is to adopt by reference standardized-costs schedules for fire protection agency response to emergency incidents in unprotected areas and on transportation routes.

(2) These rules are to assist fire protection agencies and local government officials in the application of ORS 476.290 and 478.310.

History

Statutory/Other Authority: ORS 476.290 & 478.310
Statutes/Other Implemented: ORS 476.030
FM 1-1993, f. 5-13-93, cert. ef. 6-1-93

Or. Admin. R. 837-130-0010 Definitions

(1) “Unprotected Area” shall mean an area outside the boundaries of recognized public or private fire protection.

(2) “Transportation Route” shall mean a roadway, waterway, railroad right-of-way or airplane route against which no taxes or assessments for fire protection are levied by the municipality, fire district, or fire protection agency.

History

Statutory/Other Authority: ORS 476.030
Statutes/Other Implemented: ORS 476.280 & 478.310
FM 1-1993, f. 5-13-93, cert. ef. 6-1-93

Or. Admin. R. 837-130-0020 Schedules

(1) The State Fire Marshal adopts the standardized-costs schedules for transportation route response, unprotected area response, and apparatus cost that are contained in the State Fire Marshal’s Oregon Fire Service Mobilization Plan.

(2) The State Fire Marshal adopts the volunteer firefighter reimbursement rate that is contained in the State Fire Marshal’s Oregon Fire Service Mobilization Plan.

(3) All responses billed under these rules are subject to a 30-minute minimum response charge.

(4) Local agencies may determine their own billing cycle and any appropriate late charges and fees.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 476.290 & 478.310
Statutes/Other Implemented: ORS 453.550, 476.560, 476.290 & 478.310
FM 1-1993, f. 5-13-93, cert. ef. 6-1-93

Division 140 OREGON SAFETY ASSESSMENT PROGRAM

Or. Admin. R. 837-140-0001 Safety Assessment Program — Purpose and Scope

These rules establish and maintain a registry of qualified and credentialed post-disaster safety evaluators per ORS 401.256. The Department of State Fire Marshal shall coordinate and oversee the implementation of the Oregon Safety Assessment Program (OrSAP) in accordance with criteria described in the Applied Technology Council (ATC) Procedures for Post-Earthquake Safety Evaluation of Buildings (ATC-20 - Standard), and Safety Evaluation of Buildings after Windstorms and Floods (ATC-45).

History

Statutory/Other Authority: ORS 401.358, HB 2206 & ORS 401.256
Statutes/Other Implemented: ORS 401.358, HB 2206 & ORS 401.256
OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022

Or. Admin. R. 837-140-0010 Definitions

(1) “Building” means any structure utilized or intended for supporting or sheltering any use or occupancy.

(2) “Building Safety Evaluator Type 3” means a person registered to assist other types in post-disaster structural safety and habitability evaluations (Rapid or Detailed Evaluations).

(3) “Building Safety Evaluator Type 2” means a person registered to do Type 3 tasks PLUS: perform post-disaster structural safety and habitability evaluations (Rapid Evaluations) for single-family residential buildings and associated accessory structures up to three stories in height, row houses, townhouses, and simple commercial structures up to one story in height.

(4) “Building Safety Evaluator Type 1” means a person registered to do Type 2 tasks PLUS: perform post-disaster structural safety and habitability evaluations (Rapid Evaluations) on all simple commercial structures.

(5) “Building Safety Evaluator: Complex Architectural System” means a person who is registered to do Type 1 tasks PLUS: perform post-disaster non-structural habitability evaluations (Rapid or Detailed Evaluations) on all structures including architecturally complex structures such as high rise, mixed use, hospitals, schools, shopping malls, hotels and convention centers, historic structures, and large business complexes.

(6) “Building Safety Evaluator: Complex Geological System” means a person who is registered to do Type 2 tasks PLUS: perform complex soil, slope, and foundation related evaluations (Rapid or Detailed Evaluations), such as liquefaction, slope stability, and settlement for all structures.

(7) “Building Safety Evaluator: Complex Structural System” means a person who is registered to do Type 1 tasks PLUS: perform post-disaster building safety evaluations (Rapid or Detailed Evaluations) on all structures including difficult, complex, or significant structures.

(8) “Local Program Coordinator (LPC)” means a person who is from a local government agency such as a building department, emergency management department, or fire agency that will assess the extent and severity of the damage overall and determine the need for qualified volunteers to perform building safety evaluations.

History

Statutory/Other Authority: ORS 401.358 & ORS 401.256
Statutes/Other Implemented: ORS 401.358
OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022

Or. Admin. R. 837-140-0020 Local Program Coordinator

(1) The Department of the State Fire Marshal will provide the Local Program Coordinator (LPC) with a list of qualified volunteers upon request.

(2) The LPC will assess the extent and severity of the damage and determine the need for qualified volunteers to perform building safety evaluations.

(3) The LPC will be required to complete one of the following: OrSAP Building Safety Evaluator Training, California Office of Emergency Services (CalOES) Safety Assessment Program (SAP) Evaluator Training, or CalOES SAP Coordinator training, or completion and documentation of an OrSAP approved ATC-20 and ATC-45 course.

History

Statutory/Other Authority: ORS 401.358 & ORS 401.256
Statutes/Other Implemented: ORS 401.358
OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022

Or. Admin. R. 837-140-0030 Post-Disaster Building Safety Evaluator Registration Requirements

(1) All persons seeking registration as a post-disaster building safety evaluator must:

(a) Complete an OSFM application form; and

(b) Complete one of the following training courses to be fully certified: OrSAP Building Safety Evaluator Training, CalOES Safety Assessment Program Evaluator Training, WAsafe - Washington State Safety Assessment Facility Evaluators Training, or completion and documentation of an OrSAP approved ATC-20 Post Earthquake Safety Evaluation of Buildings; and

(2) To be registered as a Building Safety Evaluator Type 3, an applicant must have the following education:

(a) Engineer in Training/Engineer Intern; or

(b) Bachelor of Architecture; or

(d) A general contractor's construction license.

(3) To be registered as a Building Safety Evaluator Type 2, an applicant must have one or more of the following current certifications:

(a) Residential Building Inspector – ICC B1 or Oregon CAS; or

(b) Residential Building Plans Examiner – ICC R3 or Oregon CAX; or

(d) Certified Engineering Geologist.

(4) To be registered as a Building Safety Evaluator Type 1, an applicant must have one or more of the following current certifications:

(a) Commercial Building Inspector –ICC B2 or Oregon SIA; or

(b) Commercial Building Plans Examiner – ICC B3 or Oregon PEA; or

(d) Construction Inspector Division II – American Construction Inspectors Association (ACIA); or

(e) Professional Structural Engineer; or

(f) Professional Engineer with specialization in structures; or

(g) Registered Architect.

(5) To be registered as a Building Safety Evaluator: Complex Architectural System, an applicant must have one or more of the following current certifications and experience:

(a) Registered Architect; or

(b) Commercial Building Plans Examiner – ICC B3 or Oregon PEA; or

(d) 10 years of experience in the architectural design of complex building types, field investigation, and construction observation; or

(e) 10 years of experience as a plans examiner for a major metropolitan jurisdiction (population greater than 100,000).

(6) To be registered as a Building Safety Evaluator: Complex Geological System, an applicant must have one or more of the following current certifications and experience:

(a) Professional Geotechnical Engineer; or

(b) Registered Geologist; or

(d) 5 years of experience in building foundation design or analysis, including evaluation of existing building, field investigation, or construction observation.

(7) To be registered as a Building Safety Evaluator: Complex Structural System, an applicant must have one or more of the following current certifications and experience:

(a) Professional Structural Engineer; or

(b) Professional Engineer with specialization in structures, and 10 years of experience in building design or analysis, including evaluation of existing buildings, field investigation, plan review, and construction observation.

History

Statutory/Other Authority: ORS 401.358 & ORS 401.256
Statutes/Other Implemented: ORS 401.358
OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022

Or. Admin. R. 837-140-0040 Post-Earthquake Building Safety Evaluator Continuing Education Requirements

Post-disaster building safety evaluators must complete an approved OrSAP refresher training every five years.

History

Statutory/Other Authority: ORS 401.358 & ORS 401.256
Statutes/Other Implemented: ORS 401.358
OSFM 2-2024, amend filed 05/31/2024, effective 05/31/2024
OSFM 1-2022, adopt filed 09/07/2022, effective 09/07/2022