OAR 738-070-0010
General Information
(1)
Senate Bill 47, passed by the 1981 Legislature, became law on November 1, 1981, as Chapter 553, Oregon Laws 1981 and codified as ORS 836.530 (Rules and standards). This authorizes the Director of the Department to adopt rules defining physical hazards to air navigation within Oregon and determine whether specific types or classes of objects or structures constitute hazards. It further authorizes the establishment of standards for lighting or marking objects or structures that constitute hazards to air navigation in this state.(2)
In accordance with these rules, the Director shall:(a)
Determine whether specific objects or structures constitute a hazard to air navigation;(b)
Issue orders to require that specific objects or structures determined to be hazards to air navigation be marked or lighted;(c)
Determine responsibility for installation and maintenance of lighting or marking of specific objects or structures that constitute hazards to air navigation.(3)
In conformance with the statutory provision, these rules and standards are designed to be no more restrictive than current federal norms, including, but not limited to, regulations and circulars, pertaining to objects affecting navigable airspace.(4)
Any person or entity required to comply with an order issued under these rules may contest the order as provided under ORS 183.310 (Definitions for chapter) to 183.500 (Appeals).(5)
Failure to comply with an order issued under this rule is subject to the penalties stated in ORS 837.990 (Penalties).(6)
Under this rule, the Director may make an independent judgment as to whether specific objects or structures constitute a hazard to air navigation in Oregon; determine whether such objects or structures shall be marked or lighted and; determine responsibility for installation and maintenance of such marking and lighting. While the rules and standards adopted herein are “limited to and shall not be more restrictive than current federal norms,...” nothing in the law or these rules shall prohibit the Director from making an independent judgment or decision that may differ from the judgment or decision made by the Federal Aviation Administration on the same object or structure using FAA regulations, circulars or other publications as a basis for such finding.
Source:
Rule 738-070-0010 — General Information, https://secure.sos.state.or.us/oard/view.action?ruleNumber=738-070-0010.