OAR 837-039-0045: Exemption Criteria

(1) In order to qualify for partially exempt status, an Exempt Jurisdiction must provide evidence that they effectively administer and enforce the fire code sections specified in their application. (2) The ability to effectively administer a fire code is demonstrated by meeting or exceeding the qualifications described in this section. (3) Exempt Jurisdiction shall employ a sufficient number of competent fire code administration and inspection staff as outlined in OAR 837-039-0016 adequate to: (a) Inspect regulated buildings on a frequency they deem necessary to provide a reasonable level of fire and life safety in the applicant's service area. (b) Conduct inspections in their service area of: (A) Adult Foster Homes shall be inspected upon request per ORS 476.030(5) and (6); and (B) Institutional facilities per ORS 479.210 such as residential child caring facilities, inpatient care facilities, and residential facilities shall be inspected annually per ORS 479.215. The OSFM will provide annually a list of all facilities to be inspected; and (C) Institutional facilities per ORS 479.220 shall be inspected within 30 days from the date of the request; and (D) Educational facilities grades K-12 shall be inspected every two years as permitted by ORS 476.070 and 476.150. (E) Nonresidential licensed daycare facilities– shall be inspected upon request per ORS 329A.260(2) and OAR 414-300-0010(13). (c) Issue temporary permits in lieu of inspections of institutional occupancies per ORS 479.217; and (d) Make necessary re inspections at appropriate intervals to assure compliance with correction orders issued in response to noted deficiencies in the applicant's service area; and (e) Make necessary special inspections as warranted for unusual conditions, including but not limited to, response to complaints of special hazards and special events requiring supervision in the applicant's service area. (4) Applicants must provide a copy of written agreement required by ORS 455.148(8) with all authorities responsible for structural fire safety and fire protection within an exempt jurisdiction service area. (5) Applicants must: (a) Provide the services specified in this rule to all service areas. (b) Have the ability to provide a delegated appeals process upon the request of any party who may receive a fire code compliance order issued by the applicant. Such appeal process must generally conform to a contested case proceedings described under ORS Chapter 183.417 unless otherwise provided for by state law; or (c) Establish or maintain a fire code appeals board generally performing the functions outlined in ORS 476.115. If such appeals board meets the criteria established in subsection (5)(c) of this rule, the board may hear local and delegated appeals and rule on fire code or other issues such as alleged unnecessary hardship, inconsistent regulations, requests for alternate materials or methods, etc. (6) The fire code delegated appeals process or board established under section (5)(b) of this rule must: (a) Coordinate the interpretation of state fire laws with the State Fire Marshal to assure uniformity; and (b) Submit a written summary of the results of any fire code appeal to the State Fire Marshal within 30 days of issuance of a final order. (7) Exempt Jurisdictions shall employ an adequate number of fire investigation personnel to investigate the origin, cause, and circumstances of those fires, where the investigation is not completed at the company level, within the applicant’s jurisdiction. Applicants must substantiate that their investigators are reasonably qualified through: (a) Being DPSST certified as a NFPA Fire Investigator; or (b) Possess the nationally recognized certification of Certified Fire Investigator (CFI) issued by the International Association of Arson Investigators (IAAI) or Certified Fire and Explosion Investigator (CFEI) issued by the National Association of Fire Investigators (NAFI); or (c) Possess a state or federal certification that fully meets the requirements set forth in the National Fire Protection Association 1033 Professional Qualifications for Fire Investigator. (8) To the extent of the proposed exemption identified per OAR 837-039-0031(3), exempt jurisdictions must employ an adequate number of trained personnel, as determined by the jurisdiction to provide an effective: (a) Youth fire setter intervention services for the identified need in the jurisdiction's service area. (b) Fire prevention education for the identified need in the jurisdiction’s service area. (9) To the extent of the proposed exemption, applicants must maintain records of their fire code administration and delegated appeal activities or other related functions as follows: (a) Fire prevention inspection records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division. (b) Records of fire code appeals must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division. (c) Fire investigation records which document a loss of life must be maintained for a period of 75 years. Other investigation records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division. (d) Records of any public fire education efforts must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division. (e) Records not otherwise described in this section must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division. (10) In the event an exempt jurisdiction ceases for any reason to be exempt, all records described in this section must be maintained by the jurisdiction as per the Records Retention Schedule of the Secretary of State Archives Division. (11) Applicants must forward to the State Fire Marshal a written annual report which: (a) Clearly describes the fire prevention and investigation activities of the applicant; (b) Is on a calendar year basis; and (c) Is forwarded to the State Fire Marshal no later than July 1st of the following year.