Oregon Bulletin
January 1, 2011
Rule
Caption: Bring NFPA Standard year of
edition references and OSSC year of edition references up to date and make
general grammatical corrections.
Adm.
Order No.: OSFM 6-2010
Filed with Sec. of
State: 12-1-2010
Certified to be
Effective: 12-1-10
Notice Publication
Date: 11-1-2010
Rules Amended: 837-041-0050
Subject: Updates references to NFPA Standard No. 13 and No. 72
from 2002 Edition to 2007 Edition. Updates reference to Oregon Structural
Specialty Code from 2007 Edition to 2010 Edition. Makes grammatical corrections
relating to usage of “shall”, “must”, “may” and clarifies language as per state
guidelines.
Rules Coordinator: Pat Carroll—(503) 934-8276
837-041-0050
Protection of the Means of Egress
— General Provisions
(1) “High Life Hazard” definition: For the purpose of
this rule, a “high life hazard” is any condition, or combination of conditions,
where a reasonable adequate level of exiting safety has not been provided for
the building occupants in the event of a fire or fire-related emergency.
(2) All existing buildings and structures, that
constitute a high hazard to the occupants in the event of a fire or
fire-related emergency, other than institutional, group care and single family
dwelling occupancies, must provide a reasonable adequate level of exiting
safety through substantial compliance with the requirements for new
construction under the 2010 Edition of Oregon Structural Specialty Code, or any
of the following methods or combinations thereof which the State Fire Marshal
or deputy approved for the building or structure:
(a) A partial automatic sprinkler system as specified
in N.F.P.A. Standard No. 13, 2007, installed throughout the complete exit
system and inside every unprotected opening into the exit system. The sprinkler
system must be fitted with a swing check valve on the supply side and a fire
department connection, except that the fire department connection may be
omitted when waived by the authority having jurisdiction. A water flow
detection device must be installed that sounds an alarm on the premises or when
a building has a fire alarm system, the device is connected into the building
fire alarm system.
(b) An automatic smoke detection system engineered
specifically for life safety and early warning, installed throughout the
premises as specified in N.F.P.A. Standard No. 72 2007 Edition. Heat detectors
may be installed in place of smoke detectors in mechanical service rooms,
storage rooms, kitchens, custodial closets, and areas not normally occupied or
traversed by people. Fire detection system(s) must be interconnected with the
building evacuation fire alarm system.
EXCEPTION: In Group E Occupancies, detectors shall not be required in
classrooms normally under the direct supervision of a staff member unless
required by other Oregon Revised Statutes or Oregon Administrative Rules.
(c) An approved direct means of egress from each room
opening to the outside at ground level. Direct exterior exits must consist of
doors, landings, and necessary stairs or ramps complying with the 2010 Edition
of the Oregon Structural Specialty Code.
(d) Any other plan submitted by the owner, lessee,
agent, or occupant and certified by a registered architect or engineer of the
State of Oregon of reasonably adequate expertise in fire and life safety, which
will provide a reasonable adequate level of exiting safety from the building or
structure in the event of a fire or fire-related emergency.
(3) In determining whether a building or structure
constitutes a high life hazard and in determining whether to approve a method
of improvement, the State Fire Marshal or deputy shall determine whether the
level of hazard is unreasonable by considering among other factors the
following:
(a) Type of construction;
(b) Type of use;
(c) Type and density of occupancy;
(d) Type of contents and equipment;
(e) Fire division walls creating horizontal exits;
(f) Compartmentation;
(g) Areas of refuge;
(h) Ceiling height;
(i) Corridor and stair construction;
(j) Alarm, communication and detection systems;
(k) Fire suppression systems;
(l) Exit design and fire escapes;
(m) Automatic smoke control; and
(n) Fuel loading.
(4) The State Fire Marshal or deputy shall submit to
the owner, lessee, agent or occupant written findings setting forth the facts
supporting the determination that a high life hazard exists. Except as provided
in ORS 479.170, the owner, lessee, agent or occupant must have sixty (60) days
after receipt of such findings to propose the method of improvement to the
State Fire Marshal or deputy, who shall have sixty (60) days thereafter to
approve or disapprove of the proposed method of improvement. If the proposed
method of improvement is disapproved by the State Fire Marshal or deputy, a
written statement of the reasons for disapproval shall be provided to the
owner, lessee, agent or occupant within such sixty (60) day period.
(5) Except for governmental subdivisions exempt under
ORS 476.030(3), the owner, lessee, agent or occupant aggrieved by the
determination that the building or structure constitutes a high life hazard or
by the disapproval of the proposed method of improvement (hereafter the order)
and desires a hearing, the owner, lessee, agent or occupant may appeal in
writing to the State Fire Marshal within (10) days from the service of the
written findings of a high life hazard or the statement of reasons for
disapproval of the proposed method of improvement. The appeal must set forth
the specific grounds of the appeal and no other grounds shall be considered
thereafter. The appeal must be accompanied by a fee of $40 payable to the State
Fire Marshal, and the State Fire Marshal may refer the appeal to the Regional
Appeal Advisory Board established for that region by notifying the chairman of
that board and sending a copy of the notice to the appellant. The Board shall
fix a time for a hearing and notify the appellant of the time and place thereof
which shall be within ten (10) days after such referral by the State Fire
Marshal. If the State Fire Marshal does not refer the matter to a Regional
Appeal Advisory Board, the State Fire Marshal shall fix a time and place, not
less than five (5) and not more than ten (10) days thereafter, when and where
the appeal will be heard by the State Fire Marshal. Within ten (10) days after
receiving a recommendation from the Regional Appeal Advisory Board, or if no
referral was made to such Board, within ten (10) days after the hearing before
the State Fire Marshal, the State Fire Marshal may affirm, modify, revoke or
vacate the order. If the State Fire Marshal affirms the order, the State Fire
Marshal shall fix the time within which the owner, lessee, agent or occupant
must comply with the requirements of this rule. If the State Fire Marshal
vacates or revokes the order, or modifies it in any particular manner other
than extending time for compliance, the fee paid with the appeal shall be
refunded. Otherwise, it shall be credited to appropriate state funds, and the
State Fire Marshal shall so notify the State Treasurer.
(6) If the appellant under section (5) of this rule is
aggrieved by the final order of the State Fire Marshal, the appellant may,
within ten (10) days thereafter, appeal to the circuit court of the county in
which the building or structures is situated, in the manner provided in ORS
479.180(2).
(7) In governmental subdivisions exempt under ORS
476.030(3), the owner, lessee, agent or occupant, aggrieved by the
determination that the building or structure constitutes a high life hazard or
by the disapproval of the proposed method of improvement, and desires a
hearing, the owner, lessee, agent or occupant may appeal in writing to the
Board of Appeals as provided by the ordinance and rules of the governmental
subdivision.
(8) Commentary:
(a) Upgrading deficient exit facilities should always
be of primary concern in any occupancy, but it must be recognized that there
are degrees of deficiency from a very slight or negligible hazard to what is
defined as a high life hazard under this rule. Fire officials should not equate
the level of exiting safety required for new construction under the current
building code with the reasonably adequate level of exiting safety required by
this rule. The intent of this rule is to allow the continued use of existing
buildings which provide a level of exit safety that substantially comply with
the requirements for new construction under the current building code or use
one of the alternatives to come within the range of reasonable safety that the
public should be provided. Structural Changes shall not be required in
buildings built, occupied and maintained in conformity with state building code
regulations applicable at the time of construction, ORS 476.030(c).
NOTE: The state building code was first adopted in 1974.
(b) Rather than looking strictly to the current
standard for new construction under the building code, fire officials must use
their own judgment on a case-by-case basis as to reasonableness of the degree
of hazard and adequacy of exit safety after evaluating all of the relevant
factors stated in the rule and any other factors unique to the building or
structure (historical structures ORS 476.035). The written findings required by
this rule shall list and analyze the relevant factors so that if the
determination of the fire official is appealed, a written record of the reasons
for the determination will be available for review.
(c) While fire and life safety must be given primary
consideration, the determination of whether the existing level of hazard is
unreasonable requires the fire official to consider the cost of the possible
improvements in relation to the benefits provided by increased exiting safety
from such improvements. The cost benefit analysis shall be considered in
deciding which method of improvement to approve once the determination of high
life hazard has been made.
(d) The rule has been amended to provide greater
flexibility in the method of improvement of deficient buildings. The fire
official must not approve any proposed plan of improvement unless it will
provide the reasonably adequate level of exiting safety required. While the
fire official is not expected to plan the method of improvement for the
building owner, much time will be saved if the fire official will actively
assist the building owner or the owner’s engineer in finding the least
expensive method of improvement providing the reasonably adequate level of
exiting safety.
(e) Substantial compliance with the requirements for
new construction under the current building code will often be impossible or so
expensive as to be impractical in existing buildings. The approval for one or
more of the remaining three alternatives shall always be given on a
case-by-case basis after a consideration of all of the same factors considered
in determining that the building constitutes a high life hazard and after balancing
the costs against the benefits provided by the different methods. For example,
in a hotel or apartment building the existence of a passive occupancy where
cooking, portable space heaters, smoking in bed and other such activities
create a significantly higher risk of undetected and/or uncontrolled fire
incidents, the fire official might justifiably refuse to approve any plan that
does not include significant use of automatic sprinklers. In contrast, where an
active occupancy is involved such as in an office building, approval may be
given for a plan of improvement consisting of horizontal exits and areas of
refuge.
(f) In approving a plan of improvement, the fire
official shall require a commitment to a date of completion for the
improvements, but shall allow a sufficient period for completion.
(g) Once the improvement is completed, unless there is
a significant change in one or more of the factors considered in the
determination of a high life hazard, no further improvements shall be required
under this rule.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.030(C)
Hist.: FM 68, f. 5-2-75, ef.
5-25-75; FM 7-1981, f. & ef. 11-5-81; OSFM 7-2001, f. 6-27-01, cert. ef.
7-1-01; OSFM 5-2008, f. 8-29-08, cert. ef. 9-1-08; OSFM 6-2010, f. & cert.
ef. 12-1-10
Rule
Caption: Create new provisions for carbon
monoxide alarms and detectors as directed by House Bill 3540, 2009 Legislative
Assembly.
Adm.
Order No.: OSFM 7-2010
Filed with Sec. of
State: 12-1-2010
Certified to be
Effective: 12-28-10
Notice Publication
Date: 11-1-2010
Rules Adopted: 837-047-0100, 837-047-0110, 837-047-0120, 837-047-0130,
837-047-0135, 837-047-0140, 837-047-0150, 837-047-0160, 837-047-0170
Subject: The purpose of these rules is to establish minimum
standards for the design, inspection, testing, placement and location and
maintenance of carbon monoxide alarms and detectors in one and two family
dwellings, manufactured dwellings, and multifamily housing in existing
structures prior to conveyance of fee title or transfer possession under land
sales contract and rental property agreement.
Rules Coordinator: Pat Carroll—(503) 934-8276
837-047-0100
Purpose and Scope
The purpose of these rules is to establish minimum
standards for the design, inspection, testing, placement and location and
maintenance of carbon monoxide alarms in one and two family dwellings,
manufactured dwellings, and multifamily housing.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0110
Definitions
(1) “Attached garage” means a garage with a door,
ductwork, or ventilation shaft communicating directly with or connected to a
living space and does not include:
(a) A carport;
(b) An open parking garage; or
(c) An enclosed parking garage ventilated in accordance
with Section 404 of the State Mechanical Code.
(2) “Bedroom” means a room designed or intended for sleeping.
(3) “Carbon monoxide alarm” means a device that:
(a)(A) Detects carbon monoxide;
(B) Produces a distinctive audible alert when carbon
monoxide is detected;
(C) Is listed by Underwriters Laboratories as complying
with ANSI/UL 2034 or ANSI/UL 2075 or any other nationally recognized testing
laboratory or an equivalent organization; and
(D) Operates as a distinct unit, as two or more single
station units wired to operate in conjunction with each other or as part of a
system that includes carbon monoxide detectors.
(b) For the purposes of these rules, “carbon monoxide
detectors that are part of a system that produces a distinctive audible alert
and are listed as complying with ANSI/UL 2075 shall be considered carbon
monoxide alarms.
(4) “Carbon monoxide source” means:
(a) A heater, fireplace, furnace, appliance, or cooking
source that uses coal, wood, petroleum products, and other fuels that emit
carbon monoxide as a by-product of combustion. Petroleum products include, but
are not limited to, kerosene, natural gas, or propane.
(b) An attached garage with a door, ductwork, or
ventilation shaft that communicates directly with a living space.
(5) “Dwelling unit” means: A structure or the part of a
structure that is used as a home, residence or sleeping place by one person who
maintains a household or by two or more persons who maintain a common
household.
(6) “Landlord” means the owner, lessor, or sublessor of
the rental dwelling unit or the building or premises of which it is a part.
“Landlord” includes but is not limited to a person who is authorized by the
owner, lessor, or subleasor to manage the premises or to enter into a rental
agreement.
(7) “Manufactured Dwelling” means a dwelling as defined
in ORS 446.
(8) “Multifamily housing” means a building, excluding
townhouses, in which three or more residential dwelling units each have space
for eating, living, sleeping, and permanent provisions for cooking and sanitation.
(9) “Nationally Recognized Testing Laboratory” means a
nationally recognized testing laboratory (NRTL) that is U.S. Occupational
Safety and Health Administration (OSHA) accredited to test and certify to
American National Standards Institute (ANSI) standards.
(10) “One and two family dwelling” means a residential
building that is regulated under the state building code as a one and two
family dwelling and includes a townhouse.
(11) “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.
(12) “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.
(13) “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.
(14) “Townhouse” means a single-family dwelling unit
constructed in a group of three or more attached units in which each extends
from the foundation to the roof and at least two sides abut open space.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0120
Carbon Monoxide Alarm Requirements
(1) Properly functioning carbon monoxide alarms shall
be required when:
(a) A person conveys fee title to a one and two family
dwelling or multifamily housing containing a carbon monoxide source on or after
April 1, 2011; or
(b) A person transfers possession under a land sale
contract of a one and two family dwelling or multifamily housing containing a
carbon monoxide source on or after April 1, 2011; or
(c) A person transfers ownership of a manufactured
dwelling containing a carbon monoxide source on or after April 1, 2011; or
(d) A landlord enters into a rental agreement for a
dwelling unit containing a carbon monoxide source on or after July 1, 2010.
(2) By April 1, 2011, every rental dwelling unit
subject to these rules must contain properly functioning carbon monoxide
alarms.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0130
Installation and Location of
Carbon Monoxide Alarms and Detectors
(1) All carbon monoxide alarms or detectors must be
installed in accordance with the manufacturer’s recommended instructions and
located in accordance with these rules and applicable building code at the time
of construction or alteration of the dwelling.
(2) One and Two Family Dwellings and Manufactured
Dwellings: A properly functioning carbon monoxide alarm must be located within
each bedroom or within 15 feet outside of each bedroom door. Bedrooms on
separate floors in a structure containing two or more stories require separate
carbon monoxide alarms.
(3) Multi Family Housing:
(a) A properly functioning carbon monoxide alarm must
be located within each bedroom or within 15 feet outside of each bedroom door
in dwelling units containing a carbon monoxide source or are connected to a
common area containing a carbon monoxide source. Bedrooms on separate floors in
a structure containing two or more stories require separate carbon monoxide
alarms.
(b) A carbon monoxide alarm must be installed in any
enclosed common area within the building if the common area is connected by a
door, ductwork, or ventilation shaft to a carbon monoxide source located within
or attached to the structure.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0135
Exemption
A landlord who rents a space for a manufactured
dwelling or who rents moorage space for a floating home as defined in ORS
830.700, but does not rent the manufactured dwelling home or floating home is
exempt from these rules.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 7-2010, f. 12-1-10,
cert. ef. 12-28-10
837-047-0140
Power Source
Carbon monoxide alarms must be battery operated or
receive their primary power source from the building wiring with a battery
back-up. Plug in devices must have a battery back-up.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0150
Testing and Maintenance of Carbon
Monoxide Alarms
Carbon monoxide alarms and systems must be maintained
and tested according to the manufacturer’s recommended instructions.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
837-047-0160
Rental Dwelling Units Subject to
ORS Chapter 90
(1) Effective July 1, 2010, before a landlord transfers
possession of a dwelling unit subject to these rules to a tenant, the landlord
must:
(a) Install a properly functioning carbon monoxide
alarm;
(b) Provide working batteries if a carbon monoxide
alarm is battery operated or has a battery operated backup system; and
(c) Provide the new tenant with alarm testing
instructions.
(2) If the landlord receives written notice from the
tenant of a deficiency of a carbon monoxide alarm, other than dead batteries,
the landlord must repair or replace the alarm.
(3) A tenant must test, at least every six months, and
replace batteries as needed in any carbon monoxide alarm provided by the
landlord and notify the landlord in writing of any operating deficiencies.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f. 4-8-10,
cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef. 12-28-10
837-047-0170
Tampering with a Carbon Monoxide
Alarm Prohibited
A person may not remove or tamper with a carbon
monoxide alarm installed in accordance with these rules. Tampering includes
removal of working batteries.
Stat. Auth.: ORS 476.725
Stats. Implemented: ORS 476.725
Hist.: OSFM 3-2010(Temp), f.
4-8-10, cert. ef. 7-1-10 thru 12-28-10; OSFM 7-2010, f. 12-1-10, cert. ef.
12-28-10
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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