Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Emergency service personnel responding to an incident of threatened or actual
injury to a human, wildlife, domestic animal, or in which damage to the
environment, or any property loss occurs resulting from a chemical substance or
waste incident must make a written report of the incident to the State Fire
Marshal:
(a) This report must be on a form
approved by the State Fire Marshal;
(b) Only one written incident report for each
incident is required. Responsibility for completing the written report shall be
in the following order:
(A) Where fire
department units have responded to the incident, the fire department having
jurisdiction shall be responsible for completing and forwarding the written
report;
(B) Where no fire
department unit has responded to the incident and where one or more law
enforcement agency is at the scene, the first law enforcement agency to have
arrived at the scene shall be responsible for completing and forwarding the
written report;
(C) Where no fire
department unit or law enforcement agency has responded to the incident and
where health professionals, including emergency medical technicians or
ambulance personnel, are at the scene, the first health professional to arrive
at the scene shall be responsible for completing and forwarding the written
report; and
(D) Where no fire
department unit, law enforcement agency or health professional has responded to
the incident, any other emergency service agency, including agencies of this
state, who are at the scene shall confer and determine who shall be responsible
for completing and forwarding the written report.
(2) The written report required
under section (1) of this rule should be submitted to the State Fire Marshal no
later than ten working days after the incident occurs.
(3) The following incidents are exempted from
the reporting requirements of section (1) of this rule:
(a) Motor fuels which are spilled in
quantities of less than 42 gallons from a vehicle, unless it enters a waterway;
or is determined to endanger the public safety or immediate or surrounding
environment, including groundwater; or
(c) Structure fires or other emergencies
where hazardous substances are involved as exposures, if the quantities exposed
are less than 42 gallons. This means that a Hazardous Materials Incident Report
would not be required for a structure fire or other emergency if consumer
quantities of hazardous substances did not directly relate to the cause of the
emergency or to injuries or death. If these consumer quantities caused the
incident or contributed to an injury or death, a written Oregon State Fire
Marshal Hazardous Materials Incident Report would be required. As with any
fire, a State Fire Marshal Fire Report is required.
Statutory/Other Authority: ORS
453.367
Statutes/Other Implemented: ORS
435.357
