OAR 837-039-0050
Programs Eligible for Delegation
(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 (Definitions for ORS 453.307 to 453.414) through 453.414 (Exemption for local government), Community Information on Hazardous Substances;(b)
ORS 476.055 (State Fire Marshal Fund), State Fire Marshal Fund;(c)
ORS 476.060 (Local officers and constables as assistants to State Fire Marshal), Local officers and Constables as Assistants to the State Fire Marshal;(d)
ORS 476.090 (Records of fires), Record of Fires;(e)
ORS 476.420 (Standardization of existing fire protection equipment), Standardization of Existing Fire Protection Equipment; Exemption;(f)
ORS 476.440 (Sale of nonstandard equipment prohibited), Sale of Nonstandard Equipment Prohibited;(g)
ORS 476.510 (Short title) through 476.610 (Payment of claims), 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 (Application by certain cities and rural fire protection districts to borrow money from loan fund) through 476.925 (Fire Protection Equipment Loan Fund), Forest Fire Protection Equipment Acquisition;(j)
Except as otherwise provided in OAR 837, division 40, ORS 480.010 (Labels for blasting powder and fuse) through 480.095 (Penalty and civil liability for violation of ORS 480.085), Explosives Generally;(k)
Except as otherwise provided in OAR chapter 837, division 40, ORS 480.200 (Definitions for ORS 480.200 to 480.290) through 480.280 (Administration and enforcement by State Fire Marshal), Manufacture, Sale, Possession and Transfer of Explosives;(l)
Except as otherwise provided in OAR 837, division 12, ORS 480.130 (Permit for fireworks display), Permits Required for Sale or Public Display of Fireworks; fee.(m)
Except as otherwise provided in OAR 837, division 12, ORS 480.150 (Permits for fireworks sales or displays), Permits for Fireworks Sales or Displays; Rules; Security.(n)
Except as otherwise provided in OAR 837, division 12, ORS 480.156 (Sale of fireworks to out-of-state resident without valid license or permit prohibited), Sales of Fireworks to Out-of-State Residents;(o)
ORS 480.350 (License required for operation of nonretail facility), Nonretail Facility License;(p)
ORS 480.355 (Conditional use license), Conditional Nonretail Facility License;(q)
ORS 480.375 (Safety inspection of facilities by State Fire Marshal)(2), Audits of Nonretail Facilities;(r)
ORS 480.432 (Licenses required) through 480.440 (Inspection of certain storage tanks) 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.
Source:
Rule 837-039-0050 — Programs Eligible for Delegation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-039-0050.