Or. Admin. Code § 837-039-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-039-0050 - Programs Eligible for Delegation

(1) As indicated by statutory reference and title, the administration of the following functional areas must be retained in all cases by the State Fire Marshal:

(a) ORS 453.307 through 453.414, Community Information on Hazardous Substances;

(b) ORS 476.055, State Fire Marshal Fund;

(c) ORS 476.060, Local officers and Constables as Assistants to the State Fire Marshal;

(d) ORS 476.090, Record of Fires;

(e) ORS 476.420, Standardization of Existing Fire Protection Equipment; Exemption;

(f) ORS 476.440, Sale of Nonstandard Equipment Prohibited;

(g) ORS 476.510 through 476.610, Protection of Life and Property from Fire in Case of Emergency (Emergency Conflagration Act);

(h) ORS 476.855, Discretionary Powers of the State Fire Marshal;

(i) ORS 476.900 through 476.925, Forest Fire Protection Equipment Acquisition;

(j) Except as otherwise provided in OAR 837, division 040, ORS 480.010 through 480.095, Explosives Generally;

(k) Except as otherwise provided in OAR chapter 837, division 040, ORS 480.200 through 480.280, Manufacture, Sale, Possession and Transfer of Explosives;

(l) Except as otherwise provided in OAR 837, division 012, ORS 480.130, Permits Required for Sale or Public Display of Fireworks; fee.

(m) Except as otherwise provided in OAR 837, division 012, ORS 480.150, Permits for Fireworks Sales or Displays; Rules; Security.

(n) Except as otherwise provided in OAR 837, division 012, ORS 480.156, Sales of Fireworks to Out-of-State Residents;

(o) ORS 480.350, Nonretail Facility License;

(p) ORS 480.355, Conditional Nonretail Facility License;

(q) ORS 480.375(2), Audits of Nonretail Facilities;

(r) ORS 480.432 through 480.440 LPG Licensing Program; and

(s) Those other statutory functions reserved exclusively to the State Fire Marshal.

(2) Although the administration of the functional areas listed in section (1) of this rule are reserved to the State Fire Marshal, nothing in this division prevents an authority having jurisdiction from enforcement of state statutes or the State Fire Code if such provisions are not covered in the Local Fire Code or are more stringent than the Local Fire Code.

Or. Admin. Code § 837-039-0050

FM 5-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 9-2000, f. & cert. ef. 8-22-00; OSFM 4-2008, f. &cert. ef. 7-2-08

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 476.030

Stats. Implemented: ORS 476.030(3)