OAR 837-039-0080: Inspections or Other Activities by Nonexempt Jurisdictions

(1) When an Assistant to the State Fire Marshal in a nonexempt jurisdiction administers a fire prevention program, the Assistant must do so in conformance with this section. (2) The Assistant to the State Fire Marshal must have a written plan of their fire prevention program which includes and describes the following: (a) Types of inspection activities; (b) Frequency of inspections; (c) Type of enforcement actions that may be taken; and (d) Record keeping system. (3) The Assistant to the State Fire Marshal must ensure personnel that are responsible for fire code administration meet the competency recognition requirements for their scope of practice as outlined in section 837-039-0016. (4) Records must be maintained of all fire code inspections and reinspections, investigations, appeal activities and any other related functions. (5) When any lawful order of the Assistant to the State Fire Marshal is appealed, the State Fire Marshal must provide a contested case appeals process under OAR 837-039-0041, unless otherwise provided by law, as follows: (a) The Assistant to the State Fire Marshal who took the enforcement action which was appealed must be available and prepared to participate in the appeals process; (b) The State Fire Marshal must pursue and present the state through the appeals process; and (c) The State Fire Marshal must determine what, if any, orders are to be issued and/or penalties are to be assessed.