OAR 837-039-0006: Minimum Fire Code Requirements

(1) Under ORS 476.030 and 476.120, the State Fire Marshal is responsible for promulgating rules and regulations which establish minimum standards for the protection of life and property from the dangers of fire. (2) To meet this responsibility and to promote uniformity, the State Fire Marshal must assure that locally adopted fire codes in both exempt and non-exempt jurisdictions are consistent with minimum state fire code standards. Therefore, in adopting a fire code, local governmental subdivisions must: (a) Adopt by reference the fire code promulgated by the State Fire Marshal; or (b) Adopt a code that is consistent with state fire protection statutes and, is equal to or more stringent than, the fire code promulgated by the State Fire Marshal. (3) Nothing in this Division requires a local governmental subdivision to adopt a fire code. (4) Nothing in this Division may prevent a local governmental subdivision from adopting a fire code which is more stringent than the State Fire Code, if such local fire code is otherwise lawful. (5) When an authority having jurisdiction proposes a new local fire code, or proposes to amend an existing fire code, they must provide a draft copy of the proposed fire code or amendment to the State Fire Marshal for a pre-adoption evaluation at the earliest date possible prior to final adoption and a final copy within 30 days after adoption. (6) The State Fire Marshal must evaluate the fire codes or amendments submitted under section (5) to assure conformity with state fire protection statutes and the minimum standards established by the State Fire Marshal. (7) When the State Fire Marshal determines that a fire code submitted under section (5) of this rule conforms to minimum state standards, the State Fire Marshal must issue a consistency finding at the earliest date possible. (8) When the State Fire Marshal determines that a fire code or amendment submitted under section (5) of this rule does not meet minimum state standards, the State Fire Marshal must: (a) Notify the authority having jurisdiction of the proposed finding; and (b) Give the authority having jurisdiction a reasonable time to amend or delete such inconsistencies. (9) When the State Fire Marshal issues a proposed inconsistency finding under section (8) of this rule, and the authority having jurisdiction disagrees with the proposed finding, the aggrieved party may within 20 days of receiving the inconsistency finding appeal and request a contested case hearing under ORS Chapter 183 and OAR 837-039-0041. Thereafter, the State Fire Marshal must process the appeal within a reasonable time. (10) When an appeal is not filed within 20 days of notification, and the authority having jurisdiction has failed to delete or amend the inconsistent fire code provision identified by the State Fire Marshal, a final inconsistency finding must be issued. [Publications: Publications referenced are available from the agency.]