Chapter 479 — Chapter 479

ORS 479.010 [Subsection (4) enacted as 1953 c.569 §1; 1963 c.120 §1; 1979 c.359 §1; 1979 c.764 §1a; 1987 c.158 §105; 1997 c.24 §2; 2005 c.22 §360; renumbered 479.168 in 2005]

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ORS 479.015 Smoking in public elevator prohibited; penalty. (1) It shall be unlawful for any person to smoke cigars, cigarettes or tobacco in any form or to ignite any substance in an elevator used by the public

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ORS 479.018 [2005 c.22 §363; repealed by 2011 c.97 §9]

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ORS 479.020 [Amended by 1959 c.651 §2; 1965 c.602 §15; repealed by 2011 c.97 §9]

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ORS 479.030 [Repealed by 2011 c.97 §9]

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ORS 479.040 [Repealed by 2011 c.97 §9]

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ORS 479.050 [Repealed by 2011 c.97 §9]

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ORS 479.060 [Repealed by 2011 c.97 §9]

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ORS 479.070 [Repealed by 1965 c.602 §30]

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ORS 479.080 [Amended by 1955 c.453 §1; 1965 c.602 §17; repealed by 2011 c.97 §9]

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ORS 479.090 [Amended by 1965 c.602 §17a; repealed by 2011 c.97 §9]

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ORS 479.100 [Amended by 1959 c.651 §1; 1965 c.602 §18; 1983 c.740 §191; 1997 c.24 §1; repealed by 2011 c.97 §9]

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ORS 479.110 [Amended by 1963 c.317 §1; repealed by 1965 c.602 §30]

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ORS 479.120 [Repealed by 1963 c.120 §2 (479.121 enacted in lieu of 479.120)]

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ORS 479.121 [1963 c.120 §3 (enacted in lieu of 479.120); 1969 c.314 §52; repealed by 1979 c.764 §2]

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ORS 479.130 [Repealed by 2011 c.97 §9]

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ORS 479.140 [Amended by 1965 c.602 §19; 2003 c.14 §319; repealed by 2011 c.97 §9]

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ORS 479.150 [Amended by 1979 c.660 §1; repealed by 2011 c.97 §9]

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ORS 479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (1) As used in this section, “director” means the Director of the Department of Consumer and Business Services

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ORS 479.160 [Repealed by 2011 c.97 §9]

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ORS 479.165 Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code

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ORS 479.168 Definitions for ORS 479.168 to 479.190 and 479.990. As used in ORS 479.168 to 479.190 and 479.990

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ORS 479.170 Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied

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ORS 479.180 Appeal from order to comply with fire prevention statutes; fee. (1) If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS 476.030, 479.170, 479.210 to 479.220, 480.123 to 480.160, 480.310 to 480.385, 480.420 to 480.434 or 480.450 and desires a hearing, the person may complain or appeal in writing to the State Fire Marshal within 10 days from the service of the order. The complaint or appeal shall set forth the specific grounds of the complaint or appeal and no other ground shall be considered thereafter. The complaint or appeal shall be accompanied by a fee of $40 payable to the State Fire Marshal, and the State Fire Marshal may refer the complaint or appeal to the regional appeal advisory board established for that region by notifying the chairperson of that board and sending a copy of the notice to the complainant or appellant. The board shall fix a time for hearing and notify the complainant or appellant of the time and place thereof, which shall be within 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 and not more than 10 days thereafter, when and where the complaint or appeal will be heard by the State Fire Marshal. Within 10 days after receiving a recommendation from the regional appeal advisory board, or if no referral was made to such board, within 10 days after the hearing before the State Fire Marshal, the State Fire Marshal may affirm, modify, revoke or vacate the order complained of or appealed from. Unless the order is modified, revoked or vacated by the State Fire Marshal, it shall remain in force and be complied with by the owner, lessee, agent or occupant, and within the time fixed in the order or fixed by the State Fire Marshal. If the State Fire Marshal vacates or revokes the order complained of or appealed from, or modified it in any particular other than extending time for compliance, the fee paid with the complaint or appeal shall be refunded. Otherwise, it shall be credited to appropriate state funds, and the State Fire Marshal shall so notify the State Treasurer

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ORS 479.190 Liability in damages for failure to comply with order under ORS 479.170. Anyone whose person or property is injured by reason of the failure of the owner or occupant to comply with any order under ORS 479.170 not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, or by any fire originating in the building or premises while the order is in effect and not complied with, may recover from the owner or occupant the actual damage suffered

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ORS 479.195 Assembly occupancy limits; prohibition against exceeding limit; remedies. (1) As used in this section, “assembly occupancy” means the use of a building or structure, or a portion of a building or structure, in a manner that is classified as an Assembly Group A occupancy under the structural specialty code described in ORS chapter 455

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ORS 479.200 Fire protection water supply for public buildings; rules. Any public building, as defined in ORS 479.168, erected after July 1, 1967, must have a readily available fire protection water supply. The State Fire Marshal shall adopt rules for determining the fire protection water supply for a public building. [1967 c.417 §19; 2005 c.22 §365; 2011 c.97 §5]

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ORS 479.210 “Institution” defined for ORS 479.215 to 479.220. As used in ORS 479.215 to 479.220, unless the context requires otherwise, “institution” means

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ORS 479.215 Institution not to be licensed or certificated unless in compliance with fire safety requirements; inspection; list of licensed or approved institutions. (1) Except as provided in subsection (3) of this section or in ORS 479.217, the Department of Human Services or the Oregon Health Authority may not issue an initial license or an initial certificate of approval to any institution when the State Fire Marshal, or an approved representative as provided in subsection (3) of this section, notifies in writing that the institution is not in substantial compliance with all applicable laws and rules relating to safety from fire established pursuant to ORS 476.030

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ORS 479.217 Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal. (1) In lieu of an inspection approval by the State Fire Marshal or the approved authority of a governmental subdivision having jurisdiction in an area exempted by the State Fire Marshal, under ORS 479.215 for institutions licensed under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to 418.685, 418.647, 418.950 to 418.970, 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.400 to 442.463 or 443.400 to 443.455, the State Fire Marshal or the approved authority may issue a temporary permit which meets the requirements of ORS 479.215 for licensing of such institutions. The temporary permit may be issued only when it appears that

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ORS 479.220 Institution inspection by State Fire Marshal; notification to licensing agency of noncompliance. When application is made for the initial issuance or reinstatement of a license or certificate of approval to operate and maintain an institution, or for an enlargement or addition to a licensed or approved institution, the licensing agency shall notify in writing the State Fire Marshal, and the State Fire Marshal or deputy, or the approved authority in the case of an institution located in an area exempted under ORS 476.030, shall within 30 days inspect the institution as authorized by ORS 476.150 and within that time shall notify the licensing agency in writing when the institution is not substantially in compliance with all applicable laws and rules. [1961 c.316 §3; 1963 c.202 §3; 1965 c.602 §23; 1967 c.89 §9; 1973 c.832 §13; 2009 c.595 §980]

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ORS 479.250 Definitions for ORS 479.250 to 479.305. As used in ORS 479.250 to 479.305, unless the context requires otherwise

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ORS 479.255 Smoke alarm or smoke detector required in certain structures; alarms and devices for persons who are hard of hearing. (1) Every dwelling unit regulated under ORS chapter 90, every lodging house and every hotel guest room shall contain an approved and properly functioning smoke alarm or smoke detector, installed in accordance with the state building code and rules of the State Fire Marshal

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ORS 479.257 Design features required for certain smoke alarms; rules. (1) Not later than January 1, 2002, every smoke alarm installed in a dwelling unit regulated under ORS chapter 90, a lodging house or a hotel guest room, as required under ORS 479.255, shall contain the features described in ORS 479.297 (1) and (2)

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ORS 479.258 Provision of notice of smoke alarm or smoke detector requirements for persons who are hard of hearing; rules. A landlord shall provide notice of the requirements of ORS 479.250 to 479.258, 479.280 and 479.295 in a form and manner as specified by rule by the State Fire Marshal. [1989 c.247 §4]

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ORS 479.260 Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited. (1) A person may not convey fee title to any real property that includes a dwelling unit or lodging house, or transfer possession of any dwelling unit or lodging house pursuant to a land sale contract, unless there is installed in the dwelling unit or lodging house a smoke detector or the required number of approved smoke alarms, installed in accordance with the state building code and rules of the State Fire Marshal adopted under ORS 479.295. The smoke alarms required by this subsection must meet the requirements of ORS 479.297

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ORS 479.265 Action for unlawful transfer of dwelling unit; damages; attorney fees. Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260 may bring an individual action in an appropriate court to recover actual damages or $50, whichever is greater. In any action brought by a person under this section, the court may award to the prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal and costs. Actions brought under this section must be commenced within one year of the date of sale or transfer. Notwithstanding the provisions of this section, violation of ORS 479.260 does not affect the transfer of the title, ownership or possession of the dwelling unit. [1979 c.642 §4; 1981 c.897 §56; 1995 c.618 §77; 2003 c.655 §79]

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ORS 479.270 Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector; instructions for testing to be provided. (1) The owner of any rental dwelling unit or the owner’s authorized agent shall be responsible for supplying, installing and maintaining the required smoke alarms or smoke detectors and shall provide a written notice containing instructions for testing of the devices. The notice shall be given to the tenant at the time the tenant first takes possession of the premises

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ORS 479.275 Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries. It shall be the responsibility of the tenant of any rental dwelling unit to perform such tests on the smoke alarms or smoke detectors located in a part of the dwelling unit that the tenant is entitled to occupy to the exclusion of others as are recommended by the manufacturer’s instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. Testing intervals shall not exceed six months. It shall also be the responsibility of the tenant during the tenancy to replace any dead batteries, as needed. [1979 c.642 §6; 1981 c.309 §2; 1993 c.369 §20; 1999 c.307 §7]

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ORS 479.280 Lack of properly operating smoke alarm or smoke detector; complaint; investigation; citation. (1) If a rental dwelling unit is not equipped with the required smoke alarm or smoke detector, or if the smoke alarm or smoke detector is not operating properly and the owner or the owner’s authorized agent has not installed a properly operating smoke alarm or smoke detector within 10 days after receiving written notice from the tenant of the deficiency, the tenant may file a complaint with the State Fire Marshal or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction

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ORS 479.285 Owner to maintain and test certain smoke alarms and smoke detectors. Where the smoke alarm or smoke detector is located in a common area of a lodging house, the owner or the owner’s authorized agent shall be responsible for maintenance of the required smoke alarm or smoke detector and for performing such tests as are recommended by the manufacturer and is not required to provide notice of instructions under ORS 479.270. Testing intervals shall not exceed six months. [1979 c.642 §8; 1993 c.369 §21; 1999 c.307 §9]

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ORS 479.290 Certain persons not liable for damages resulting from mechanical failure of smoke alarm or smoke detector. The owner, owner’s authorized agent, tenant, contract seller or contract purchaser of a dwelling unit shall not be held liable in any civil action for damages for death or injury to persons or property resulting from the mechanical failure of a smoke alarm or smoke detector required under ORS 479.250 to 479.305. [1979 c.642 §9; 1999 c.307 §10]

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ORS 479.295 State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors. Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule

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ORS 479.297 Ionization smoke alarms; required equipment; exemptions. (1) All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery

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ORS 479.300 Removing or tampering with smoke alarm or smoke detector prohibited. No person shall remove or tamper with a properly functioning smoke alarm or smoke detector installed in conformance with ORS 479.250 to 479.305. This prohibition includes removal of working batteries. [1979 c.642 §11; 1993 c.369 §22; 1999 c.307 §13]

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ORS 479.305 Smoking policy disclosure. (1) Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed

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ORS 479.410 [Repealed by 1959 c.406 §34]

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ORS 479.420 [Repealed by 1959 c.406 §34]

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ORS 479.430 [Repealed by 1959 c.406 §34]

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ORS 479.440 [Amended by 1955 c.689 §1; 1957 c.429 §1; repealed by 1959 c.406 §34]

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