Oregon Administrative Code

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 …

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 poss…

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…

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 8…

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 OR…

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) …

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 Mars…

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 hearing…

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 Liqui…

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…

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 thro…

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 Liq…

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 …

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 contai…

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 mu…

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 cus…

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 no…

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 …

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 spe…

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 a…

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…

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 ne…

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 po…

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…

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; (c) Class III - $…

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 …

837-030-0110 Effective Dates OAR 837-030-0100 through 837-030-0280 are effective upon date of filing for adoption. Statutory/Other Authority: ORS 480.420 History: 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. & ce…

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 fo…

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 C…

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 pertaini…

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 lo…

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 admini…

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 …

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…

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 applicabl…

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 applicati…

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.…

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 b…

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…

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 F…

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) Un…

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 wil…

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 w…

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 b…

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 th…

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 p…

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…

837-035-0020 Effective Dates OAR 837-035-0000 through 837-035-0340 are effective upon date of filing. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2…

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 Marsha…

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 test…