Title 38, Protection from Fire

(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. (2) A “No Smoking” sign shall be posted and maintained in a conspicuous place on or within any elevator operated in accordance …

(1) As used in this section, “director” means the Director of the Department of Consumer and Business Services. (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bul…

(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. (2) Fire officials who revi…

As used in ORS 479.168 to 479.190 and 479.990: (1) “Alter” in its various modes and tenses and its participial forms refers to an alteration. (2) “Alterations,” as applied to a building or structure, means any change, addition or modification in construction or occupancy. (3) “Co…

(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 co…

(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 …

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 bui…

(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. (2) If the State …

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…

As used in ORS 479.215 to 479.220, unless the context requires otherwise, “institution” means: (1) A child-caring facility that provides residential care and that receives state aid under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to…

(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 repres…

(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,…

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 …

As used in ORS 479.250 to 479.305, unless the context requires otherwise: (1) “Door knock alerting device” or “door knock device” means an approved electronic unit that alerts an occupant who is hard of hearing of a knock on the door of the sleeping room that the person who is ha…

(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. (2) A…

(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). (2) The State Fire Marshal by …

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]

(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 detect…

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 t…

(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 …

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 i…

(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 with…

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 manufacture…

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 requi…

Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule: (1) Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.305; an…

(1) All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery. (2) All ionization smoke alarms sold in this state shall include a “hush” mechanism that allows a person to temporarily disengage the alarm for a period o…

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]

(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 p…

ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law. [1959 c.406 §1; 1981 c.815 §2]

The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To acco…

Except as provided in ORS 479.854, the Electrical Safety Law shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the Electrical Sa…

As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise: (1) “Approved testing laboratory” means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services…

(1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on residential or farm property that is owned by the person or a member of the person’s immediate family if the property is not intended for sale, …

(1) Except as provided in subsection (2) of this section, no person is exempted by ORS 479.540 from the requirements under ORS 479.510 to 479.945 to have a license to make electrical installations solely on the basis the person is employed by an agency of this state. (2) Any pers…

(1) Except as provided in ORS 479.540, no person shall work on any new electrical installation for which a permit has not been issued. (2) The Electrical and Elevator Board shall adopt by rule provisions to require a city or a county to issue a temporary permit to be used for eme…

(1) The Department of Consumer and Business Services or a designated agent shall issue a permit to: (a) Any applicant who has complied with ORS 479.510 to 479.945 and the rules issued thereunder, covering an electrical installation to be made on residential or farm property owned…

Notwithstanding ORS 479.560 (3), if a municipality does not elect to provide master electrical inspection permits, the municipality shall, upon request of the owner or operating manager or electrical contractor of the facility otherwise entitled to master permit services under OR…

(1) Except as provided in subsection (2) of this section, a person who sells electricity may not energize an electrical installation unless the installation is first approved by an inspector authorized to perform inspections under ORS 479.510 to 479.945. (2) Subsection (1) of thi…

Except as provided under ORS 479.540, a person may not install an electrical product in connection with the person’s business unless the product is certified under ORS 479.760. [1959 c.406 §9; 1981 c.815 §12; 1995 c.706 §2; 2003 c.14 §325; 2003 c.299 §4; 2005 c.435 §4]

Subject to ORS 479.540, a person may not: (1) Without an electrical contractor’s license, engage in the business of making electrical installations, advertise as or otherwise purport to be licensed to make electrical installations or purport to be acting as a business that makes …

If a person pays the applicable application fee required under ORS 479.840 and complies with ORS 479.510 to 479.945 and the rules adopted under ORS 455.117 and 479.510 to 479.945, the Department of Consumer and Business Services shall issue: (1) An electrical contractor’s license…

Notwithstanding any other provision of ORS 479.510 to 479.945 or any rule adopted by the Electrical and Elevator Board under ORS 455.117, the board may not administer an examination to, and the Department of Consumer and Business Services may not issue any license to, a person wh…

Except to appeal from an act or determination of the Electrical and Elevator Board, no person carrying on, conducting or transacting business regulated by ORS 479.510 to 479.945 and 479.995 is entitled to maintain a suit or action in the courts of this state involving such busine…

The Electrical and Elevator Board: (1) Shall establish, by rule under ORS 455.117, a program of continuing education necessary for renewal of licenses. The board may approve programs for continuing education that meet standards for continuing education established by the board un…

(1) Except as provided in ORS 479.540, no person shall make, supervise or direct the making of an electrical installation which does not meet minimum safety standards. (2) Except for a person authorized by the jurisdiction having authority, no person shall remove, transfer, alter…

In compliance with ORS chapter 183 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules: (1) Establishing, altering or revoking minimum safety standards for workmanship and materials…

(1) In adopting rules under ORS 479.730 the Department of Consumer and Business Services shall consider: (a) Technological advances in the electrical industry. (b) The practicability of following the standards under consideration, if adopted. (c) The probability, extent and gravi…

(1) An electrical product may not be certified unless the product meets electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services. (2) Any person may apply to ha…

No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that…

(1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. …