Oregon Administrative Code

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 c…

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 o…

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. Statutory/Other Authority: ORS 479.295 & 479.990 Statutes/Ot…

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 …

837-046-0020 Effective Dates OAR 837-046-0000 through 837-046-0180 are effective upon the date of filing. Statutory/Other Authority: 2009 HB 2365 Statutes/Other Implemented: 2009 HB 2365 History: OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09 OSFM 2-2009(Temp), f. 5-29-09, cert. ef…

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 ligh…

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 dea…

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. Statutory/Other Authority: 2009 HB 2365 Sta…

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. S…

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. Statutory/Other Authority: 2009 HB 2365 Statutes/Ot…

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. Statutory/Other Authority: 2009 HB 2365 Statutes/Other Implemente…

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 pers…

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; (c) Obtain …

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. Stat…

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 (c) An enclosed parking garage ventilated in ac…

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 p…

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 t…

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. Statutory/Other Authority: ORS 4…

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. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476…

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. Statutory/Other Authority: ORS 476.725 Statutes/Other Implemented: ORS 476.725 History: OSFM 7…

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 …

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. Statutory/Other Authority: ORS 476.725 Statutes/Other Implement…

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 purchase…

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, dime…

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 purpo…

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 …

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…

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 …

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…

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 hazardo…

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 d…

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 …

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…

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…

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…

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 app…

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 ca…

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…

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-sit…

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…

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 delete…

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 empl…

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 …

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 w…

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 (c) Eac…

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 P…

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 w…

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 …

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. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(8) History: OSFM 1-2019, amend f…

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 an…