Current through Register Vol. 63, No. 3, March 1, 2024
(1) As indicated by statutory reference and
title, the administration of the following functional areas must be retained in
all cases by the State Fire Marshal:
(a) ORS
453.307 through
453.414, Community Information
on Hazardous Substances;
(b) ORS
476.055, State Fire Marshal
Fund;
(c) ORS
476.060, Local officers and
Constables as Assistants to the State Fire Marshal;
(d) ORS
476.090, Record of
Fires;
(e) ORS
476.420, Standardization of
Existing Fire Protection Equipment; Exemption;
(f) ORS
476.440, Sale of Nonstandard
Equipment Prohibited;
(g) ORS
476.510 through
476.610, Protection of Life and
Property from Fire in Case of Emergency (Emergency Conflagration
Act);
(h) ORS
476.855, Discretionary Powers of
the State Fire Marshal;
(i) ORS
476.900 through
476.925, Forest Fire Protection
Equipment Acquisition;
(j) Except
as otherwise provided in OAR 837, division 040, ORS
480.010 through
480.095, Explosives
Generally;
(k) Except as otherwise
provided in OAR chapter 837, division 040, ORS
480.200 through
480.280, Manufacture, Sale,
Possession and Transfer of Explosives;
(l) Except as otherwise provided in OAR 837,
division 012, ORS 480.130, Permits Required for
Sale or Public Display of Fireworks; fee.
(m) Except as otherwise provided in OAR 837,
division 012, ORS 480.150, Permits for Fireworks
Sales or Displays; Rules; Security.
(n) Except as otherwise provided in OAR 837,
division 012, ORS 480.156, Sales of Fireworks to
Out-of-State Residents;
(o) ORS
480.350, Nonretail Facility
License;
(p) ORS
480.355, Conditional Nonretail
Facility License;
(q) ORS
480.375(2),
Audits of Nonretail Facilities;
(r)
ORS 480.432 through
480.440 LPG Licensing Program;
and
(s) Those other statutory
functions reserved exclusively to the State Fire Marshal.
(2) Although the administration of the
functional areas listed in section (1) of this rule are reserved to the State
Fire Marshal, nothing in this division prevents an authority having
jurisdiction from enforcement of state statutes or the State Fire Code if such
provisions are not covered in the Local Fire Code or are more stringent than
the Local Fire Code.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
476.030
Stats. Implemented: ORS
476.030(3)
