Or. Admin. R. 837-085-0190

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

Section 837-085-0190 - Hazardous Substance Report- Availability of Information

(1) The State Fire Marshal shall provide hazardous substance information furnished by a covered employer, owner, or operator to:

(a) Each county public health authority;

(b) Each local fire district; and

(c) Each county emergency manager.

(2) Upon request, the State Fire Marshal shall also provide information to the following agencies located in the geographic jurisdiction of the local fire district:

(a) Emergency service personnel responding to a hazardous substance incident;

(b) Health professionals;

(c) Law enforcement agencies;

(d) Local emergency management agencies; and

(e) Any public or private safety agency administering an emergency telephone system pursuant to ORS 401.710 to 401.790.

(3) If the State Fire Marshal considers the information essential to the safe control of an emergency, the State Fire Marshal may distribute the information to persons outside the jurisdiction of the fire district.

(4) The State Fire Marshal shall provide, upon request, access to reportable substance information, except for trade secret restrictions identified in OAR 837-085-0140, to any agency of this state.

(5) Site specific information regarding the exact amount and the exact storage location of reportable substances provided to the State Fire Marshal shall be treated as confidential:

(a) The State Fire Marshal may require written statement of need and a written confidentiality agreement to be executed by the requesting agency prior to the release of confidential information; and

(b) During emergency situations, the State Fire Marshal may immediately release confidential information and require requesting agencies to complete a written statement of need as soon as circumstances permit.

(6) The public shall be permitted access to hazardous substance information that is not otherwise protected as a trade secret or is designated as confidential under OAR 837-085-0140(1) and ORS 453.332(3) and (4):

(a) Public access to Hazardous Substance Information Survey information may be provided through the Department of the State Fire Marshal in Salem;

(b) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information to complete an approved form which includes their name, address and proof of identity.

Or. Admin. R. 837-085-0190

FM 1-1994, f. & cert. ef. 1-14-94; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019; OSFM 31-2023, minor correction filed 07/03/2023, effective 7/3/2023

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 453.322