Or. Admin. R. 837-045-0045

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-045-0045 - Definitions

(1) "Approved Sprinkler Fire Suppression System" means a fire suppression system:

(a) Constructed in accordance with the National Fire Protection Association (NFPA) Standard 13 or 13R as referenced in the State Building Code under OAR 918-460-0010 in effect on October 1, 2000; and

(b) Inspected and approved by the building official; and

(c) Inspected and certified annually by the Authority Having Jurisdiction as being in compliance with NFPA Standard 25 (1998 ed.).

(2) "Efficiency Dwelling Unit" means a dwelling unit containing only one habitable room.

(3) "Formal Hearing" means a proceeding before a hearings officer conducted pursuant to the Administrative Procedures Act (APA), ORS 183.413 to 183.470.

(4) "Hotel" as defined in ORS 479.250 includes, but is not limited to: Hotels, Motels, Auto Courts, Motor Inns and all similar occupancies by any other name (i.e., School Dormitories, Fraternities, Sororities, and any other similar buildings) with six or more sleeping/guestrooms for non-family members that are rented, hired out or made available on a regular basis for sleeping purposes but are not used as a primary residence.

(5) "Informal Conference" means a meeting between the party(ies) and the Department of the State Fire Marshal, prior to a formal hearing, that may include a discussion about whether a basis exists for informal disposition of a contested case by stipulation, agreed settlement, consent order or other means.

(6) "Ionization Smoke Detection" means the principle of using a small amount of radioactive material to ionize the air between two differentially charged electrodes to sense the presence of smoke particles.

(7) "Local Fire Authority" means persons described in ORS 476.060(1).

(8) "Lodging House" as defined in ORS 479.250 includes, but is not limited to: School Dormitories, Fraternities, Sororities, Youth Camps and Private Dwellings that have five or less sleeping/guestrooms that are made available for sleeping purposes in exchange for compensation in money, goods, labor, or other tender, but that are not used as a primary residence.

(9) "Nationally Recognized Testing Laboratory" means an accredited laboratory listed by the International Conference of Building Officials Evaluation Services or an equivalent laboratory approved by the Authority Having Jurisdiction.

(10) "Owner" includes a duly authorized agent or attorney, a purchaser, devisee, fiduciary, lessor or sublessor and/or a person having a vested or contingent interest in the property in question.

(11) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, or any organized group of persons and includes the state, state agencies, counties, municipal corporations, school districts, and other public corporations or subdivisions.

(12) "Photoelectric Smoke Detection" means the principle of utilizing a light source and a photosensitive sensor to detect particles of combustion. Photoelectric smoke detection incorporates either a "light obscuration" or a "light scattering" method of operation.

(13) "Request for Hearing" means a written request for a formal hearing to contest the assessment of a civil penalty.

(14) "Smoke Alarm for Hearing Impaired Persons" means a device that:

(a) Meets the definition in ORS 479.250(1);

(b) Causes a strobe to emit a white light when activated; and

(c) Is listed by a nationally recognized testing laboratory for the purpose of alerting hearing impaired persons in the event of a fire.

(15) "Smoke Detector for Hearing Impaired Persons" means a device that:

(a) Meets the definition in ORS 479.250(2);

(b) Causes a strobe to emit a white light when activated; and

(c) Is listed by a nationally recognized testing laboratory for the purpose of alerting hearing impaired persons in the event of a fire.

(16) "State Fire Marshal" means the State Fire Marshal appointed under ORS 476.020 and the Chief Deputy State Fire Marshal and Deputy State Fire Marshals appointed by the State Fire Marshal under ORS 476.040.

(17) "Ten-Year Smoke Alarm Battery" means a battery power source that is warranted by the battery manufacturer to be free from defects in materials and workmanship for a period of at least ten (10) years when used in an ionization smoke alarm that:

(a) Is listed by a nationally recognized testing laboratory; and

(b) Has been approved by the nationally recognized testing laboratory for use with a ten-year battery.

Or. Admin. R. 837-045-0045

OSFM 10-2000, f. 9-14-00, cert. ef. 10-1-00; OSFM 42-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 476.040, 476.060, 479.250 - 479.300 & 479.990

Statutes/Other Implemented: ORS 479.250 - 479.300 & 479.990