OAR 837-039-0031: Applications for Exempt Status

(1) Local governmental subdivisions seeking exempt status must submit a written request to the State Fire Marshal that describes in detail the scope of the proposed exemption. (2) The request must include a detailed explanation of the fire prevention and investigation programs to be provided by the requesting jurisdiction and the jurisdiction’s qualifications to provide them. Such programs must include but are not limited to: (a) A plan to enforce a fire code that includes a statement that a local Delegated Appeals process exists and how that appeals process generally conforms to ORS 476.113(2) and 115. (b) A plan to provide fire origin and cause determination. (3) Such programs shall provide an assessment of the local need for, and a plan to address if need is identified: (a) Youth firesetter intervention services to include: (A) Use of a Youth with Fire Screening Tool; and (B) DPSST certified JFS (Youth) Fire Prevention Interventionists; and (C) Youth fire safety education for ages 3 through 18 to the general youth population. (b) Fire and life safety education to include: (A) Programs based on data and metrics to support what impacts your community most; and (B) Direct contact with the target audience; and (C) Program evaluations are considered, and completed; and (D) Planning efforts based on evaluation results; and (E) Outreach and education to targeted audiences within the community. (4) The request must include such documentation and supportive materials as may be necessary to support the exemption request, including a copy of any locally adopted fire code and intergovernmental agreements. (5) The State Fire Marshal must distribute copies of the request(s) to each of the Exempt Jurisdiction Committee members, requesting them to conduct an advisory review within 60 days of receiving the material as to the sufficiency of the application. Such advisories, both individually and collectively, shall not be binding on the State Fire Marshal but may be considered by the State Fire Marshal in deciding whether to grant the exemption. (6) The State Fire Marshal must determine whether to grant the exemption and notify the applicant accordingly within 30 days of receipt of the committee’s written advisory. NOTE: Submitting a business plan demonstrating measurable goals and objectives in each of the categories is the method of explaining the proposed programs preferred by the State Fire Marshal. However, other formats may be used if they adequately demonstrate what must be done and how it is accomplished