Current through Register Vol. 63, No. 12, December 1, 2024
(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 enforce fire regulations and
provide fire prevention services; and
(c) Providing a procedure to assure that fire
codes adopted and administered by local governmental subdivisions are
consistent with the minimum standards established by the State Fire
Marshal.
(2) This
Division includes six program elements:
(a)
The criteria and application procedures to be used by governmental subdivisions
applying for exempt status under ORS
476.030(3);
(b) The evaluation process to be used by the
State Fire Marshal to assure that the adoption and administration of local fire
codes equal or exceed those adopted and administered by the Department of the
State Fire Marshal;
(c) A
description of those programs which must not be delegated to local
jurisdictions under the exempt jurisdiction program;
(d) A description of nonexempt jurisdictions'
responsibilities under ORS
476.060 and the enforcement
activities including imminent life or property threats, and inspection and
enforcement of the state fire code.
(e) A description of the appeals process to
be used for fire code inconsistency findings, denied applications for exempt
status, or for terminations of exempt status.
(f) The certification and training
requirements for plan reviews and conducting fire code enforcement related to a
fire official's scope of practice.
(3) This Division does not provide for the
creation of fully exempt jurisdictions in the State of Oregon.
NOTE: There has been some confusion in past years as to the
scope of the exempt jurisdiction program. Although ORS
476.030(3)
authorizes the State Fire Marshal to "fully" exempt qualifying local
governmental subdivisions from the State's fire laws, the State has not done
so. There are some programs which have statewide impact and are, therefore,
more reasonably managed at the state level. See OAR
837-039-0050.
Statutory/Other Authority: ORS
476.030
Statutes/Other Implemented: ORS
476
