OAR 837-039-0001: Scope and Application

(1) This Division improves fire protection services by: (a) Eliminating duplication in the administration of state and local fire protection programs; (b) Giving the regulated community reasonable notice of how governmental subdivisions must enforce fire regulations and provide fire prevention services; and (c) Providing a procedure to assure that fire codes adopted and administered by local governmental subdivisions are consistent with the minimum standards established by the State Fire Marshal. (2) This Division includes six program elements: (a) The criteria and application procedures to be used by governmental subdivisions applying for exempt status under ORS 476.030(3); (b) The evaluation process to be used by the State Fire Marshal to assure that the adoption and administration of local fire codes equal or exceed those adopted and administered by the Department of the State Fire Marshal; (c) A description of those programs which must not be delegated to local jurisdictions under the exempt jurisdiction program; (d) A description of nonexempt jurisdictions’ responsibilities under ORS 476.060 and the enforcement activities including imminent life or property threats, and inspection and enforcement of the state fire code. (e) A description of the appeals process to be used for fire code inconsistency findings, denied applications for exempt status, or for terminations of exempt status. (f) The certification and training requirements for plan reviews and conducting fire code enforcement related to a fire official’s scope of practice. (3) This Division does not provide for the creation of fully exempt jurisdictions in the State of Oregon. NOTE: There has been some confusion in past years as to the scope of the exempt jurisdiction program. Although ORS 476.030(3) authorizes the State Fire Marshal to "fully" exempt qualifying local governmental subdivisions from the State's fire laws, the State has not done so. There are some programs which have statewide impact and are, therefore, more reasonably managed at the state level. See OAR 837-039-0050.