ORS 476.030
Powers and duties of marshal and deputies generally
- rules
- exemption of certain governmental subdivisions
- inspection of adult foster homes
(1)
The State Fire Marshal shall enforce all statutes, and make rules relating to:(a)
The prevention of fires.(b)
The storage and use of combustibles and explosives.(c)
The maintenance and regulation of structural fire safety features in occupied structures and overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose except that structural changes shall not be required in buildings built, occupied and maintained in conformity with state building code regulations applicable at the time of construction.(d)
Standards for equipment used for fire protection purposes within this state including standard thread for fire hose couplings and hydrant fittings.(2)
The State Fire Marshal and deputies shall have such powers and perform such other duties as are prescribed by law.(3)
If, in the opinion of the State Fire Marshal, a governmental subdivision of the state has enacted adequate regulations generally conforming to state and national standards concerning fire prevention, fire safety measures and building construction requirements for safety, and if the governmental subdivision provides reasonable enforcement of its regulations, the State Fire Marshal may exempt the area subject to such regulation either partially or fully from the statutes, rules and regulations administered by the State Fire Marshal. Prior to adoption of any such exemption, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the exemption. The exemption may extend for a two-year period, and may be renewed from time to time, but may be canceled by the State Fire Marshal following 30 days’ written notice if the State Fire Marshal finds that the governmental subdivision’s regulations or enforcement thereof are not reasonably sufficient. The governmental subdivision shall furnish a copy of such regulations to the State Fire Marshal and shall file with the State Fire Marshal any amendment thereto within 30 days before the effective date of such amendment. The State Fire Marshal shall designate a person or division within such governmental subdivision as an approved authority for exercising functions relating to fire prevention, fire safety measures and building construction. Upon request of a local official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, the State Fire Marshal shall make investigation and appropriate recommendations.(4)
The State Fire Marshal may investigate or cause an investigation to be made to determine the probable cause, origin and circumstances of any fire and shall classify such findings as the State Fire Marshal may find appropriate to promote fire protection and prevention.(5)
The State Fire Marshal shall provide training in fire safety inspection to the Department of Human Services, area agencies, the Oregon Health Authority, community mental health programs, developmental disabilities programs and designees of the Long Term Care Ombudsman and the Residential Facilities Ombudsman. If an adult foster home has been inspected by the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a developmental disabilities program and the agency conducting the inspection reasonably believes that the adult foster home is not in compliance with applicable fire safety rules, the agency conducting the inspection may request the State Fire Marshal to inspect or cause an inspection to be made. If a designee of the Long Term Care Ombudsman or the Residential Facilities Ombudsman, in the course of visiting an adult foster home, believes that the adult foster home is not in compliance with applicable fire safety rules, the designee shall report the problem to the appropriate agency to request a fire safety inspection by the State Fire Marshal or by a designated representative of the State Fire Marshal.(6)
Upon the request of the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a developmental disabilities program, the State Fire Marshal shall inspect or cause an inspection to be made to determine if the adult foster home is in compliance with rules jointly adopted by the Department of Human Services and the State Fire Marshal establishing fire safety standards for adult foster homes.(7)
As used in subsections (5) and (6) of this section:(a)
“Adult foster home” has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825).(b)
“Area agency” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).(c)
“Community mental health program” means a program established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) (1)(b).(d)
“Developmental disabilities program” means a program established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) (1)(a). [Amended by 1957 c.265 §1; 1963 c.523 §5; 1965 c.602 §1; part renumbered as part of 476.010 (Additional definitions); 1967 c.417 §1; 1973 c.667 §16; 1977 c.821 §3; 1985 c.118 §2; 1985 c.726 §18; 1989 c.696 §1; 1993 c.185 §25; 1997 c.13 §1; 1997 c.853 §40; 2001 c.900 §206; 2009 c.595 §976; 2017 c.441 §29; 2021 c.539 §122](a)
The prevention of fires.(b)
The storage and use of combustibles and explosives.(c)
The maintenance and regulation of structural fire safety features in occupied structures and overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose except that structural changes shall not be required in buildings built, occupied and maintained in conformity with state building code regulations applicable at the time of construction.(d)
Standards for equipment used for fire protection purposes within this state including standard thread for fire hose couplings and hydrant fittings.(2)
The State Fire Marshal and deputies shall have such powers and perform such other duties as are prescribed by law.(3)
If, in the opinion of the State Fire Marshal, a governmental subdivision of the state has enacted adequate regulations generally conforming to state and national standards concerning fire prevention, fire safety measures and building construction requirements for safety, and if the governmental subdivision provides reasonable enforcement of its regulations, the State Fire Marshal may exempt the area subject to such regulation either partially or fully from the statutes, rules and regulations administered by the State Fire Marshal. Prior to adoption of any such exemption, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the exemption. The exemption may extend for a two-year period, and may be renewed from time to time, but may be canceled by the State Fire Marshal following 30 days’ written notice if the State Fire Marshal finds that the governmental subdivision’s regulations or enforcement thereof are not reasonably sufficient. The governmental subdivision shall furnish a copy of such regulations to the State Fire Marshal and shall file with the State Fire Marshal any amendment thereto within 30 days before the effective date of such amendment. The State Fire Marshal shall designate a person or division within such governmental subdivision as an approved authority for exercising functions relating to fire prevention, fire safety measures and building construction. Upon request of a local official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, the State Fire Marshal shall make investigation and appropriate recommendations.(4)
The State Fire Marshal may investigate or cause an investigation to be made to determine the probable cause, origin and circumstances of any fire and shall classify such findings as the State Fire Marshal may find appropriate to promote fire protection and prevention.(5)
The State Fire Marshal shall provide training in fire safety inspection to the Department of Human Services, area agencies, the Oregon Health Authority, community mental health programs, developmental disabilities programs and designees of the Long Term Care Ombudsman and the Residential Facilities Ombudsman. If an adult foster home has been inspected by the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a developmental disabilities program and the agency conducting the inspection reasonably believes that the adult foster home is not in compliance with applicable fire safety rules, the agency conducting the inspection may request the State Fire Marshal to inspect or cause an inspection to be made. If a designee of the Long Term Care Ombudsman or the Residential Facilities Ombudsman, in the course of visiting an adult foster home, believes that the adult foster home is not in compliance with applicable fire safety rules, the designee shall report the problem to the appropriate agency to request a fire safety inspection by the office of the State Fire Marshal or by a designated representative of the office of the State Fire Marshal.(6)
Upon the request of the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a developmental disabilities program, the State Fire Marshal shall inspect or cause an inspection to be made to determine if the adult foster home is in compliance with rules jointly adopted by the Department of Human Services and the State Fire Marshal establishing fire safety standards for adult foster homes.(7)
As used in subsections (5) and (6) of this section:(a)
“Adult foster home” has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825).(b)
“Area agency” has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).(c)
“Community mental health program” means a program established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) (1)(b).(d)
“Developmental disabilities program” means a program established under ORS 430.620 (Establishment of community mental health and developmental disabilities programs by one or more counties) (1)(a).
Source:
Section 476.030 — Powers and duties of marshal and deputies generally; rules; exemption of certain governmental subdivisions; inspection of adult foster homes, https://www.oregonlegislature.gov/bills_laws/ors/ors476.html.
Attorney General Opinions
Authority to require alteration of state building to comply with regulations for sprinklers, (1971) Vol 35, p 894; contract to provide services extraterritorially as not extending exemption under subsection (4), (1971) Vol 35, p 904; regulatory authority of the State Fire Marshal over one and two family residences which are part of a condominium complex, (1973) Vol 36, p 440; exempt local jurisdiction adoption of regulations; authority of State Fire Marshal to adopt regulations, (1974) Vol 36, p 1102; authority to investigate fires that occur in a governmental subdivision, (1975) Vol 37, p 931; authority of State Fire Marshal to require persons authorized to dispense flammable liquids at retail and nonretail service stations to receive safety training, (1990) Vol 46, p 342
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