Oregon Administrative Rules
Chapter 738 - OREGON DEPARTMENT OF AVIATION
Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION
Section 738-070-0240 - Determination of Responsibility for Installation and Maintenance of Marking and Lighting Objects and Structures that Constitute Hazards to Air Navigation
Universal Citation: OR Admin Rules 738-070-0240
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The proponent of an object or structure that is determined to constitute a hazard to air navigation normally shall be responsible, including paying for all costs, for installation and maintenance of the prescribed marking and lighting.
(2) Under certain conditions, parties other than the proponent may be determined to be responsible for the installation and maintenance of marking and lighting, such as:
(a) After construction of an object or
structure, conditions, beyond the control of the owner of the object or
structure, change which in turn makes the object or structure a hazard to air
navigation (i.e. approval of an airport site and subsequent construction of an
airport and an object or structure becomes a hazard by virtue of its proximity
to the new airport);
(b) Marking
and lighting of an object or structure is for the benefit of a few rather than
for the benefit of the public (i.e., for benefit of a personal use airport
rather than for benefit of the public at a public use airport).
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS 836.530
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