Current through Register Vol. 63, No. 12, December 1, 2024
(1) In order to
qualify for partially exempt status, an Exempt Jurisdiction must provide
evidence that they effectively administer and enforce the fire code sections
specified in their application.
(2)
The ability to effectively administer a fire code is demonstrated by meeting or
exceeding the qualifications described in this section.
(3) Exempt Jurisdiction shall employ a
sufficient number of competent fire code administration and inspection staff as
outlined in OAR 837-039-0016 adequate to:
(a)
Inspect regulated buildings on a frequency they deem necessary to provide a
reasonable level of fire and life safety in the applicant's service
area.
(b) Conduct inspections in
their service area of:
(A) Adult Foster Homes
shall be inspected upon request per ORS
476.030(5)
and (6); and
(B) Institutional facilities per ORS
479.210 such
as residential child caring facilities, inpatient care facilities, and
residential facilities shall be inspected annually per ORS
479.215.
The OSFM will provide annually a list of all facilities to be inspected;
and
(C) Institutional facilities
per ORS
479.220 shall
be inspected within 30 days from the date of the request; and
(D) Educational facilities grades K-12 shall
be inspected every two years as permitted by ORS
476.070 and
476.150.
(E) Nonresidential licensed daycare
facilities- shall be inspected upon request per ORS
329A.260(2)
and OAR 414-300-0010(13).
(c) Issue temporary permits in lieu of
inspections of institutional occupancies per ORS
479.217;
and
(d) Make necessary re
inspections at appropriate intervals to assure compliance with correction
orders issued in response to noted deficiencies in the applicant's service
area; and
(e) Make necessary
special inspections as warranted for unusual conditions, including but not
limited to, response to complaints of special hazards and special events
requiring supervision in the applicant's service area.
(4) Applicants must provide a copy of written
agreement required by ORS
455.148(8)
with all authorities responsible for structural fire safety and fire protection
within an exempt jurisdiction service area.
(5) Applicants must:
(a) Provide the services specified in this
rule to all service areas.
(b) Have
the ability to provide a delegated appeals process upon the request of any
party who may receive a fire code compliance order issued by the applicant.
Such appeal process must generally conform to a contested case proceedings
described under ORS Chapter 183.417 unless otherwise provided for by state law;
or
(c) Establish or maintain a fire
code appeals board generally performing the functions outlined in ORS
476.115.
If such appeals board meets the criteria established in subsection (5)(c) of
this rule, the board may hear local and delegated appeals and rule on fire code
or other issues such as alleged unnecessary hardship, inconsistent regulations,
requests for alternate materials or methods, etc.
(6) The fire code delegated appeals process
or board established under section (5)(b) of this rule must:
(a) Coordinate the interpretation of state
fire laws with the State Fire Marshal to assure uniformity; and
(b) Submit a written summary of the results
of any fire code appeal to the State Fire Marshal within 30 days of issuance of
a final order.
(7)
Exempt Jurisdictions shall employ an adequate number of fire investigation
personnel to investigate the origin, cause, and circumstances of those fires,
where the investigation is not completed at the company level, within the
applicant's jurisdiction. Applicants must substantiate that their investigators
are reasonably qualified through:
(a) Being
DPSST certified as a NFPA Fire Investigator; or
(b) Possess the nationally recognized
certification of Certified Fire Investigator (CFI) issued by the International
Association of Arson Investigators (IAAI) or Certified Fire and Explosion
Investigator (CFEI) issued by the National Association of Fire Investigators
(NAFI); or
(c) Possess a state or
federal certification that fully meets the requirements set forth in the
National Fire Protection Association 1033 Professional Qualifications for Fire
Investigator.
(8) To the
extent of the proposed exemption identified per OAR 837-039-0031(3), exempt
jurisdictions must employ an adequate number of trained personnel, as
determined by the jurisdiction to provide an effective:
(a) Youth fire setter intervention services
for the identified need in the jurisdiction's service area.
(b) Fire prevention education for the
identified need in the jurisdiction's service area.
(9) To the extent of the proposed exemption,
applicants must maintain records of their fire code administration and
delegated appeal activities or other related functions as follows:
(a) Fire prevention inspection records must
be maintained in accordance with the requirements of the Records Retention
Schedule of the Secretary of State Archives Division.
(b) Records of fire code appeals must be
maintained in accordance with the requirements of the Records Retention
Schedule of the Secretary of State Archives Division.
(c) Fire investigation records which document
a loss of life must be maintained for a period of 75 years. Other investigation
records must be maintained in accordance with the requirements of the Records
Retention Schedule of the Secretary of State Archives Division.
(d) Records of any public fire education
efforts must be maintained in accordance with the requirements of the Records
Retention Schedule of the Secretary of State Archives Division.
(e) Records not otherwise described in this
section must be maintained in accordance with the requirements of the Records
Retention Schedule of the Secretary of State Archives Division.
(10) In the event an exempt
jurisdiction ceases for any reason to be exempt, all records described in this
section must be maintained by the jurisdiction as per the Records Retention
Schedule of the Secretary of State Archives Division.
(11) Applicants must forward to the State
Fire Marshal a written annual report which:
(a) Clearly describes the fire prevention and
investigation activities of the applicant;
(b) Is on a calendar year basis;
and
(c) Is forwarded to the State
Fire Marshal no later than July 1st of the following year.
Statutory/Other Authority: ORS
476.030
Statutes/Other Implemented: ORS
476.030(3)
