Oregon Administrative Code

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 thro…

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 …

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 consi…

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 cigarett…

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 …

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. Statutory/Other Authority: …

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 varieti…

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) Who…

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. Statutory/Other Authority: ORS…

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 476.76…

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. Statutory/Other Authority: ORS 476 Statutes/Other I…

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…

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) Dist…

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; (c) Recover a…

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 enf…

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 rul…

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 respons…

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 St…

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. …

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 f…

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 jurisdi…

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 juri…

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 c…

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 Subst…

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 Jurisdi…

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 fi…

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 su…

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 Fir…

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 re…

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 In…

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 requirin…

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…

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…

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 st…

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 no…

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…

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” …

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 rep…

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 t…

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 effe…

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) Smok…

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). Statutory/Other Authority: ORS 479.257 & 479.295 Statutes/Other Implemented: ORS 479.2…

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 ser…

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…

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…

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) Retai…

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 De…

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 ve…

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 timel…

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 Fir…