OAR 837-030-0275: Audits

(1) The State Fire Marshal may conduct record audits of Liquid Petroleum Gas (LPG) companies that operate in the State of Oregon, to determine if that location is in compliance with the provisions of ORS 480.410 to 480.460 and any applicable rule adopted by the State Fire Marshal. (2) The State Fire Marshal or the designated agents may conduct audits for the following purposes including but not limited to: (a) Verify compliance with all licensing requirements; (b) Verify compliance with tank installation reporting requirements; (c) Verify delivery units are in compliance; (d) Verify a violation that was ordered on a Notice and Order of Correction has been abated; or (e) Verify a violation that was ordered on a Probationary notice or Suspension notice has been abated. (3) The State Fire Marshal may provide as much as four weeks or more advance notice of an audit, and the company will be given no less than two-week advance notice of an audit. (4) If, in the opinion of the State Fire Marshal, there is compelling information that a location or company is intentionally not complying with any provision of ORS 480.410 through 480.460 or OAR 837-030-0100 through 837-030-0280, the State Fire Marshal may conduct an audit at any time and with less than two weeks’ notice. The State Fire Marshal must be able to show that such an audit is justified and will coordinate with the Company Representative to mitigate the impact to the location and so they may be reasonably prepared. (5) The audits may be remote or at the location. (6) At the time of the audit, and upon request, the Company Representative must provide the following information to OSFM: (a) A list of all current employees, job titles, licenses held, license numbers, license expiration dates and description of duties, in a format approved by the State Fire Marshal; (b) A list of all customers and tank installations within a timeframe determined by OSFM but not more than 10 years prior, on a form provided by the State Fire Marshal. (7) The initial audit may consist of reviewing up to 24 months of tank installation files. If during the audit, a frequent or consistent pattern of non-compliance is identified, up to 10 years of additional tank installation files may be requested for review. (8) If at the time of the audit it is found the LPG location is not in compliance with any of the requirements, the State Fire Marshal shall issue a Notice and Order of Correction to the Company Representative. (9) The NOC will, at a minimum, contain the following information: (a) The company name; (b) The address of the location; (c) The specific requirement the Company / Location is not in compliance with; (d) The date by which the violations must be abated. (10) The violations ordered to be abated must be completed or corrected by the date established on the NOC to be no longer than 60 days. (11) The Company Representative may request additional time to make the corrections. Such a request must be made in writing. A request submitted by electronic mail will be considered as a written request. (a) The request must be made prior to the abatement due date established in the NOC. (b) At the discretion of the State Fire Marshal an extension may be given for just cause which will establish a new date abatement must be accomplished by. Additional extensions may be granted if, in the opinion of the State Fire Marshal, the circumstances warrant it. (12) If the violation is not abated by the date specified on the NOC, the location may be placed into Probation. (13) Failure to fulfill the terms and conditions of the Probation may result in the Suspension of one or more licenses issued to that location or regulated activities. (14) If the conditions of the NOC, Probation, or Suspension are not resolved to the satisfaction of the State Fire Marshal by the specified deadlines, the location may be subject to license Revocation.