Loading
 

 

Oregon Bulletin

March 1, 2012

Department of Oregon State Police, Office of State Fire Marshal, Chapter 837

Rule Caption: Review and update of Administrative Rules for Oregon’s Fire Safer Cigarette Program.

Adm. Order No.: OSFM 1-2012

Filed with Sec. of State: 1-24-2012

Certified to be Effective: 1-24-12

Notice Publication Date: 10-1-2011

Rules Amended: 837-035-0000, 837-035-0060, 837-035-0080, 837-035-0100, 837-035-0160, 837-035-0200, 837-035-0220, 837-035-0240

Subject: Review and update of Administrative Rules for Oregon’s Fire Safer Cigarette Program.

 The original advisory committee consisting of industry, fire service and other stakeholders were provided opportunity for input in this review of rules originally developed in 2007. Their input has been incorporated in these rule updates.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-035-0000

Purpose and Scope

(1) The purpose of these rules is to implement the standards, policies and procedures for fire standard compliant (reduced ignition propensity) cigarettes.

(2) The scope of these rules applies to the implementation of ORS 476.755 through 476.806 and 476.995, relating to fire standard compliant (reduced ignition propensity) cigarettes.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0060

General

(1) All cigarettes sold or offered for sale in Oregon must be fire standard compliant (reduced ignition propensity) as required by ORS 476.760(1).

(2) Initial written certification attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780 and meets the fire safety performance standard under ORS 476.770(6), must be provided to the Oregon State Fire Marshal (OSFM) prior to selling cigarettes. Refer to OAR 837-035-0080 for certification requirements.

(3) Re-certification of cigarettes is required every three years after initial certification. Refer to OAR 837-035-0100 for re-certification requirements.

(4) In addition to the above listed requirements, cigarette manufacturers, wholesaler dealers and retailers who sell cigarettes in Oregon must also comply with:

(a) ORS 476.755 through 476.806;

(b) OAR 837-035-0000 through 837-035-0340;

(c) All applicable federal, state and local laws, rules and regulations pertaining to cigarettes.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0080

Certification Requirements

(1) Cigarette manufacturers must submit written certification to the OSFM attesting the cigarette variety has been subjected to ignition propensity testing under ORS 476.780, and meets the fire safety performance standard under ORS 476.755 through 476.806 as proof that cigarette varieties have reduced ignition propensity.

(2) Certifications are valid for three years from the date of receipt by the OSFM.

(3) Written certifications must fulfill the requirements of ORS 476.780, for each cigarette variety. In particular, certifications must contain the following information for each variety of cigarette listed:

(a) The brand name shown on the cigarette packaging;

(b) The style or pack identifier;

(c) The length in millimeters;

(d) The circumference in millimeters;

(e) The flavor, such as menthol or chocolate, if applicable;

(f) Whether the cigarette is filtered or nonfiltered;

(g) A packaging description, such as soft pack or box;

(h) A description of the packaging marking approved by the OSFM under ORS 476.785;

(i) The name, address and telephone number of the laboratory conducting the ignition propensity testing, if other than the laboratory of the manufacturer;

(j) The date of the ignition propensity testing.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0100

Recertification Requirements

(1) Manufacturers must provide written re-certification to the OSFM within three years after the initial certification was received by the OSFM, and each three year period afterward.

(2) The re-certification must fulfill the requirements of ORS 476.780, for each cigarette variety.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0160

Packaging Marking

(1) Manufacturers must mark all packaging for cigarettes to indicate that cigarettes sold in this state are fire standard compliant (reduced ignition propensity). A manufacturer must submit to the State Fire Marshal a proposal for marking cigarette packaging. Proposed packaging marking must be in eight-point font or larger and consist of one of the following:

(a) Modification of the universal product code to indicate a visible mark printed at or around the universal product code. The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the universal product code;

(b) A visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping;

(c) Printed, stamped, engraved or embossed test indicating the cigarettes meet the fire safety performance standard established in ORS 476.770(6).

(2) The OSFM will approve or disapprove the proposal for packaging marking, and packaging marking proposals not approved or denied by the OSFM within 10 days of receipt are deemed approved. In determining whether to approve or disapprove a proposal for packaging marking, the OSFM must approve packaging marking with the letters “FSC” (signifying fire standard compliant).

(3) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0200

Manufacturer Requirements

(1) In addition to the requirements of this division, manufacturers may sell only cigarettes that are fire standard compliant (reduced ignition propensity) to Oregon wholesaler and retailer dealers.

(2) Manufacturers of any cigarette varieties must submit written certification to the OSFM and their wholesale dealers ensuring their cigarettes are fire standard compliant (reduced ignition propensity).

(3) If a manufacturer makes any changes to a cigarette that are likely to alter the cigarette’s compliance with the fire safety performance standard described in ORS 476.770(6), the manufacturer must retest to ensure the cigarette still is fire standard compliant (reduced ignition propensity) before distributing.

(4) Manufacturers must retain copies of all test data for at least three years, and provide test data to the OSFM or Attorney General upon request.

(5) Manufacturers must submit proposals for packaging marking to the OSFM for approval. Refer to OAR 837-035-0160 for packaging marking requirements.

(6) Manufacturers must provide enough copies of the packaging marking illustration to wholesale dealers to allow them to provide one copy to each retail dealer.

(7) Violations of this section are subject to a civil penalty as referenced in OAR 837-035-0320.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0220

Wholesale Dealer Requirements

(1) Wholesale dealers must provide one copy of the manufacturer’s cigarette packaging marking illustration to each retail dealer.

(2)Wholesale dealers may sell only fire standard compliant/reduced ignition propensity cigarettes.

(3) Wholesale dealers may house non-compliant cigarettes in Oregon, provided they are not to be sold in Oregon.

(4) Violations of this section are subject to a civil penalty as referenced in ORS 476.765, 476.995 and OAR 837-035-0320.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12

837-035-0240

Retail Dealer Requirements

(1) Retail dealers may sell only fire standard compliant/reduced ignition propensity cigarettes.

(2) Violations of this section are subject to a civil penalty as referenced in ORS 476.765 and OAR 837-035-0320.

Stat. Auth.: ORS 476
Stats. Implemented: ORS 476.755 - 476.806 & 476.995
Hist.: OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07; OSFM 3-2007, f. & cert. ef. 11-16-07; OSFM 1-2012, f. & cert. ef. 1-24-12


 

Rule Caption: Correlate 2010 Oregon Fire Code with changes made by Building Codes Division to 2010 Oregon Structural Specialty Code.

Adm. Order No.: OSFM 2-2012

Filed with Sec. of State: 1-24-2012

Certified to be Effective: 3-1-12

Notice Publication Date: 12-1-2011

Rules Amended: 837-040-0020

Subject: Rule changes are needed to correlate the 2010 Oregon Fire Code with changes made by Building Codes Division to the 2010 Oregon Structural Specialty Code for ADA requirements.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-040-0020

Amendments to the Oregon Fire Code

(1) The Office of State Fire Marshal may amend the Oregon Fire Code approximately midway between publications of the International Fire Code based on proposed code amendments submitted for consideration by interested persons.

(2) Any time between publications of the international Fire Code, the Office of State Fire Marshal may initiate and adopt code amendments to the Oregon Fire Code, as circumstances merit (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications).

(3) Effective April 1, 2011, the 2010 Oregon Fire Code (OFC) is amended by the Office of State Fire Marshal as follows:

(a) Add new section 908.7, Carbon Monoxide alarms, to correlate with the change to the 2010 Oregon Structural Specialty Code.

(b) Amend Chapter 47, National Fire Protection Association (NFPA) Standards and Underwriters Laboratories Standards, as follows:

NFPA 720-09 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment — 908.7.

UL 2034-08 Standard for single and Multiple Station Carbon Monoxide Alarms, with revisions through February 20, 2009 — 908.7.

(4) Effective January 1, 2012, the 2010 Oregon Fire Code (OFC) is amended by the Office of State Fire Marshal as follows:

(a) Amend Section 202, Definitions for Group R-3 Occupancy to correlate to the Oregon Structural Specialty Code, Section 310.

(b) Amend Section 510.2.2 by adding the words “at the agency’s antenna port” after -100 dBm and before shall be received..

(c) Amend Section 906.1 by using language from the 2012 International Fire Code.

(d) Amend Section 914.8.2 by adding a second exception to correlate to the Oregon Structural Specialty Codes, Section 412.4.5.

(e) Amend Section 4001.1, Exception 3 by adding “and SR” occupancies.

(f) Amend Section 4006.1 by adding “and SR” occupancies.

(g) Amend Section 4604.17 by updating with language from 2012 International Fire Code.

(h) Amend Chapter 47, National Fire Protection Association (NFPA) Standards, to current editions as follows:

NFPA 10 to the 2010 edition.

NFPA 13, 13R and 13D to the 2010 edition.

NFPA 17 to the 2009 edition.

NFPA 17A to the 2009 edition.

NFPA 20 to the 2010 edition.

NFPA 58 to the 2011 edition.

NFPA 72 to the 2010 edition.

NFPA 96 to the 2011 edition.

(5) Effective March 1, 2012 the 2010 Oregon Fire Code (OFC) is amended by the Office of State Fire Marshal as follows:

(a) Adopt model language in Section 604.2.5 of the 2009 International Fire Code.

(b) Adopt model language in Section 604.2.3 of the 2009 International Fire Code.

(c) Amend Section 907.6.2.3.3, adopted July 01, 2010.

(d) Adopt model language in Table 907.6.2.3.3 of the 2009 International Fire Code.

(e) Correlate language in Section 907.6.2.3.4 of the 2010 Oregon Fire Code to the language in Section 907.5.2.3.4 of the 2010 Oregon Structural Specialty Code.

(f) Adopt model language in Section 1003.7 of the 2009 International Fire Code.

(g) Adopt model language in Section 1008.3 of the 2009 International Fire Code.

(h) Adopt model language in Section 1009.1 of the 2009 International Fire Code.

(i) Adopt model language in Section 1009.4.5 of the 2009 International Fire Code.

(j) Adopt model language in Section 1010.1 of the 2009 International Fire Code.

(k) Adopt model language in Section 1010.6.5 of the 2009 International Fire Code.

(l) Adopt model language in Section 1010.9 of the 2009 International Fire Code.

(m) Adopt model language in Section 1011.3 of the 2009 International Fire Code.

(n) Adopt model language in Section 1028.5.1 of the 2009 International Fire Code.

(o) Adopt Section 1007 of the 2009 International Fire Code.

[Publications: Publications referenced are available from the agency.]

Stat. Auth: ORS 476.030
Stats. Implemented: ORS 476.030
Hist.: OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06; OSFM 9-2006, f. & cert. ef. 6-12-06; OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07; OSFM 6-2008, f. 9-2-08, cert. ef. 10-1-08; OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09; OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10; OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10; Administrative correction 10-26-10; OSFM 4-2010, f. & cert. ef. 11-3-10; OSFM 2-2011, f. 3-15-11, cert. ef. 4-1-11; OSFM 4-2011, f. 11-10-11, cert. ef. 1-1-12; OSFM 2-2012, f. 1-24-12, cert. ef. 3-1-12


 

Rule Caption: Removes fee language from administrative rules. Adds reference to Oregon Revised Statutes for fee amounts.

Adm. Order No.: OSFM 3-2012

Filed with Sec. of State: 1-24-2012

Certified to be Effective: 1-24-12

Notice Publication Date: 11-1-2011

Rules Amended: 837-020-0080, 837-020-0085, 837-020-0115

Subject: This rule change removes specific fee language from administrative rules and adds language to refer the reader to the appropriate Oregon Revised Statute, where the fees are set.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-020-0080

Nonretail Fuel Dispensing During a Governor Declared Emergency

(1) During an emergency as defined in ORS 401.025, a nonretail facility may permit individuals who are not otherwise qualified under ORS 480.345 to dispense Class 1 flammable liquids if all conditions specified in this section are satisfied.

(2) The owner or operator of the nonretail facility holds a valid nonretail facility license issued by the State Fire Marshal;

(3) The owner or operator has paid an application fee for each nonretail facility and customer fees required by House Bill 3696, Chapter 107, 2010 Special Session, ORS 480.350.

(4) The owner or operator has provided a blank copy of the form required by ORS 480.345 and OAR 837-020-0070 that will be used as the written agreement between the owner or operator and nonretail customer that outlines the safety training and emergency procedures to be used at the nonretail facility.

(5) The nonretail customer and the owner or operator of the nonretail facility have entered into a written agreement that meets the requirements of OAR 837-020-0070.

(6) The Class 1 flammable liquid is dispensed only into a motor vehicle or container of an emergency service agency as defined in ORS 401.025 or to an entity authorized by an emergency service agency to provide services during an emergency.

(7)(a) The nonretail customer, other than the owner or operator, is an emergency service worker as defined in ORS 401.025 and dispenses Class 1 flammable liquids only into the fuel tank of a motor vehicle or container owned or used by the emergency service agency; or

(b) An owner or employee of the entity authorized by the emergency service agency to provide services during an emergency and dispenses Class 1 flammable liquids only into the fuel tank of a motor vehicle or other container owned or used by the entity authorized by that agency to provide services during an emergency.

(8) The nonretail customer, other than the owner or operator or employee, dispensing Class 1 flammable liquids satisfies safety training requirements of OAR 837-020-0055.

(9) The owner or operator is responsible to bear the burden of production and proof that the requirements of OAR 837-020-0040, and any other rules of the State Fire Marshal have been satisfied.

Stat. Auth.: ORS 480.347

Stats Implemented: ORS 480
Hist.: OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 10-2002, f. & cert. ef. 12-6-02; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 3-2012, f. & cert. ef. 1-24-12

837-020-0085

Nonretail and Conditional Nonretail Facility License Requirements

(1) Nonretail and conditional nonretail facilities must obtain a valid license issued by the State Fire Marshal, prior to operating a nonretail facility or a conditional nonretail facility.

(2) A separate license is required for each nonretail facility and conditional nonretail facility.

(3) All initial facility licenses be valid for one year from the date of issue.

(4) In accordance with ORS 183.705, a renewal date of a facility license may be adjusted or prorated to correspond with existing State Fire Marshal licensing year dates,

(5) The State Fire Marshal will issue a license to the owner or operator if the owner or operator has:

(a) Complied with the requirements established by OAR 837-020-0040;

(b) Submitted the application to the State Fire Marshal on forms supplied by the State Fire Marshal;

(c) Certified that the owner or operator will comply with all provisions of ORS 480.345, the OFC, and this division;

(d) Provided a blank copy of the form that will be used as the written agreement required under ORS 480.345 and OAR 837-020-0070;

(e) Provided a blank copy of the safety training that is provided to their nonretail customers and conditional use customers, to ensure the safety training meets all requirements of OAR 837-020-0055;

(f) Paid an application fee for each facility site and customer fees required by House Bill 3696, Chapter 107, 2010 Special Session, ORS 480.350.

(6) Any and all certification required by this section must be made in accordance with ORS 162.075.

(7) The owner or operator bears the burden of production and proof that the requirements of this Division, and all applicable rules of the State Fire Marshal have been satisfied.

(8) The State Fire Marshal may conduct an on-site inspection to determine compliance with OAR 837-020-0040 and other applicable fire and life safety laws prior to issuing a nonretail facility or conditional nonretail facility license to the owner or operator under section (4) of this rule.

(9) In addition to the requirements set forth in this section, owners or operators who wish to operate a dual operations facility, the owner or operator must provide to the State Fire Marshal, on State Fire Marshal forms, the specific hours and days when the owner or operator proposes to conduct only retail dispensing and the specific hours and days when the owner or operator proposes to conduct only nonretail dispensing.

(10) In addition to the requirements set forth in this section, owners or operators who wish to operate a conditional nonretail facility, must comply with the following:

(a) A conditional nonretail facility may permit persons who are not otherwise qualified under OAR 837-020-0050 to dispense Class 1 flammable liquids if all conditions specified in this section are satisfied;

(b) After investigation and public hearing, and after considering the comments of local residents and government officials, the State Fire Marshal may issue a conditional nonretail license to an owner or operator for local non-commercial use if the State Fire Marshal finds:

(A) There is no facility where Class 1 flammable liquids are dispensed by attendants at retail, including dual operation facilities, within seven miles of the owner or operator’s nonretail facility, and other undue hardship conditions exist. Such undue hardship conditions are determined on a case by case basis and may include, but are not limited to, road conditions, and volume and type of traffic in the affected area;

(B) The owner or operator has certified that the owner or operator will comply with the applicable provisions of ORS 480.345(1), (5), (6)(d), and (6)(e), and this division;

(C) The method of access to a conditional nonretail facility only allows access to that specific conditional nonretail facility and no other nonretail facility or conditional nonretail facility.

(11) Within a given geographical area, applications for conditional nonretail licenses issued under this section are considered in order of priority of receipt. The date the State Fire Marshal actually receives the application determines its priority.

(12) A conditional nonretail license may not be renewed if the requirements of this Section are not met at the time of application for renewal. There is no guarantee of continued operations under this section.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 480.380 & 480.355
Stats. Implemented: ORS 480.350 & 480.355
Hist.: FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 3-2012, f. & cert. ef. 1-24-12

837-020-0115

Application, License Renewals, and Annual Fees

(1) Any owner or operator engaged in, or intending to engage in, the operation of a nonretail facility or a conditional nonretail facility must apply for and obtain a license issued by the State Fire Marshal. The application, fees, and supporting documents for new facilities must be submitted and received by the State Fire Marshal 45 days prior to the start of the operation.

(2) A separate license must be applied for and obtained for each nonretail facility or conditional nonretail facility.

(3) The license must be obtained prior to start of the nonretail facility or conditional nonretail facility operation, or the owner or operator may be assessed a civil penalty and be subject to closure of the Nonretail or conditional nonretail facility.

(4) The application fee for each nonretail facility and conditional nonretail facility license is established by ORS 480.350. Licenses are valid for one year from the date of issue.

(5) In accordance with ORS 183.705, the license renewal date of a facility may be adjusted or prorated to correspond with existing State Fire Marshal licensing year dates.

(6) License fees may be either paid at, or mailed to, the State Fire Marshal. The license application may be either delivered to or mailed to the State Fire Marshal.

(7) Payment may be made by personal check, business check, cashier’s check or money order made payable to the State Fire Marshal. If the fee is paid by either personal or business check, the State Fire Marshal may not take any action on the license application until the check has cleared the bank.

(8) In addition to the application and renewal fees assessed by this section, owners or operators of nonretail facilities and conditional nonretail facilities must pay to the State Fire Marshal an annual account fee established by ORS 480.350 for each nonretail customer and conditional use customer who has access to dispense Class 1 flammable liquids at any time during the applicable license year.

(9) License renewal applications, accompanying documentation, and payment must be postmarked by a United States Postmark, or received at the Office of State Fire Marshal, no later than 30 days prior to the license expiration for a license renewal valid for the following license. If the 30 days prior to the license expiration date falls on a day when a postmark cannot be obtained, the applications must be postmarked or received by the Office of State Fire Marshal on the preceding business day.

(10) License application renewals postmarked or received after the deadline set forth under subsection (8) of this rule may be subject to a civil penalty.

(11) License and customer fees received by the Office of State Fire Marshal are deposited with the State Treasurer, placed in the State Fire Marshal Fund, and used to fund the non-retail fuel dispensing program.

Stat. Auth.: ORS 480.380
Stats. Implemented: ORS 480.350 & 480.355
Hist.: FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 3-1992(Temp), f. & cert. ef. 4-24-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 4-2007(Temp), f. & cert. ef. 11-30-07 thru 5-27-08; OSFM 3-2008, f. 4-3-08, cert. ef. 5-1-08; OSFM 3-2012, f. & cert. ef. 1-24-12


 

Rule Caption: Housekeeping and clarification of fireworks wholesale administrative rules.

Adm. Order No.: OSFM 4-2012(Temp)

Filed with Sec. of State: 2-6-2012

Certified to be Effective: 2-6-12 thru 8-3-12

Notice Publication Date:

Rules Amended: 837-012-0515

Subject: Clarify section 837-012-0515 of the wholesale fireworks administrative rules, and make a few housekeeping changes.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-012-0515

General

(1) Definitions. For purposes of this administrative rule, the following definitions apply:

(a) “Fireworks” has the definition contained in ORS 480.110.

(b) “Person” means any business, entity, or individual.

(c) “Wholesaler” means a person that possesses an Oregon wholesale permit issued by the State Fire Marshal.

(2) Any person intending to sell or provide fireworks by any means within the state of Oregon, must first obtain an Oregon wholesale permit.

(3) Any person intending to sell or provide items described in ORS 480.127 by any means within the state of Oregon, must first obtain an Oregon wholesale permit, unless that person possesses an Oregon retail sales permit.

(4) A wholesaler may sell or provide by any means either fireworks or items described in ORS 480.127 in the state of Oregon only to persons having obtained one of the following State Fire Marshal issued permits:

(a) Fireworks display permit, including general, limited, close proximity, and special effects;

(b) Retail sales permit for the sale of retail fireworks to the general public; or

(c) Agricultural fireworks permit for scaring away birds or animals injurious to crops.

(5) Wholesalers desiring to engage in any Fireworks activities, including retail sales, agricultural use, or fireworks displays must meet all applicable requirements of ORS 480.110 through 480.165 and OAR chapter 837, division 12, including obtaining permits for such activities from local, federal, and state authorities.

(6) Wholesale Permit holders must comply with all applicable federal, state, and local laws, rules and regulations pertaining to Fireworks, including:

(a) ORS 480.110 through 480.165; and

(b) OAR chapter 837, division 12

(7) Wholesalers must notify the State Fire Marshal, in writing, within two weeks of the date of change of:

(a) Identity of the Wholesaler’s Manager;

(b) The Wholesaler’s mailing address or telephone number;

(c) Ownership of the Wholesaler’s Site;

(d) Ownership of the Wholesaler’s Operation; or

(e) The addition, or subtraction, of a Sales Representative for the Wholesaler.

(8) Exempt Fireworks are exempt from the permit requirements set forth in ORS 480.110 through 480.165 and OAR chapter 837, division 12. Exempt Fireworks may be sold and purchased at any time, and do not require a permit.

(9) Wholesalers who provide 1.3g Fireworks must provide a minimum of one general operator certification training course annually as required by OAR 837-012-0780.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 476, 478 & 480
Stats. Implemented: ORS 480.110 - 480.165
Hist.: FM 2-1982(Temp), f. & ef. 3-5-82; FM 3-1982(Temp), f. & ef. 4-16-82; FM 3-1985, f. & ef. 4-17-85; FM 1-1986, f. & ef. 1-9-86; FM 6-1986(Temp), f. & ef. 6-10-86; FM 9-1986, f. & ef. 12-10-86; Suspended by FM 2-1989(Temp), f. & cert. ef. 3-20-89; FM 5-1989, f. & cert. ef. 9-15-89; Renumbered from 837-012-0125; OSFM 6-2000(Temp), f. 6-5-00, cert. ef. 6-5-00 thru 12-1-00; OSFM 15-2000, f. & cert. ef. 12-4-00; OSFM 6-2002, f. & cert. ef. 6-14-02; OSFM 8-2002, f. & cert. ef. 10-4-02; OSFM 6-2004(Temp), f. & cert. ef. 11-17-04 thru 5-15-05; Administrative correction 5-20-05; OSFM 8-2005, f. 5-24-05, cert. ef. 6-7-05; OSFM 5-2010(Temp), f. & cert. ef. 11-3-10 thru 5-2-11; OSFM 1-2011, f. 3-15-11, cert. ef. 5-2-11; OSFM 4-2012(Temp), f. & cert. ef. 2-6-12 thru 8-3-12


 

Rule Caption: Correlate the 2010 Fire Code to the 2010 Oregon Structural Specialty Code.

Adm. Order No.: OSFM 5-2012(Temp)

Filed with Sec. of State: 2-10-2012

Certified to be Effective: 2-10-12 thru 8-3-12

Notice Publication Date:

Rules Amended: 837-040-0020

Subject: A rule change is necessary to amend 837-040-0020(4)(h) language that was effective January 1, 2012. The reference to NFPA 409, 2011 edition needs to be rescinded to correlate the 2010 Oregon Fire Code to the 2010 Oregon Structural Specialty Code (OSSC) as the proposed language in the OSSC did not move forward as anticipated.

Rules Coordinator: Connie Dalke—(503) 934-8211

837-040-0020

Amendments to the Oregon Fire Code

(1) The Office of State Fire Marshal may amend the Oregon Fire Code approximately midway between publications of the International Fire Code based on proposed code amendments submitted for consideration by interested persons.

(2) Any time between publications of the international Fire Code, the Office of State Fire Marshal may initiate and adopt code amendments to the Oregon Fire Code, as circumstances merit (Referenced publications are available for review at the agency. See agency web site for information on where to purchase publications).

(3) Effective April 1, 2011, the 2010 Oregon Fire Code (OFC) is amended by the Office of State Fire Marshal as follows:

(a) Add new section 908.7, Carbon Monoxide alarms, to correlate with the change to the 2010 Oregon Structural Specialty Code.

(b) Amend Chapter 47, National Fire Protection Association (NFPA) Standards and Underwriters Laboratories Standards, as follows:

NFPA 720-09 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment — 908.7.

UL 2034-08 Standard for single and Multiple Station Carbon Monoxide Alarms, with revisions through February 20, 2009 — 908.7.

(4) Effective January 1, 2012, the 2010 Oregon Fire Code (OFC) is amended by the Office of State Fire Marshal as follows:

(a) Amend Section 202, Definitions for Group R-3 Occupancy to correlate to the Oregon Structural Specialty Code, Section 310.

(b) Amend Section 510.2.2 by adding the words “at the agency’s antenna port” after -100 dBm and before shall be received..

(c) Amend Section 906.1 by using language from the 2012 International Fire Code.

(d) Amend Section 914.8.2 by adding a second exception to correlate to the Oregon Structural Specialty Codes, Section 412.4.5.

(e) Amend Section 4001.1, Exception 3 by adding “and SR” occupancies.

(f) Amend Section 4006.1 by adding “and SR” occupancies.

(g) Amend Section 4604.17 by updating with language from 2012 International Fire Code.

(h) Amend Chapter 47, National Fire Protection Association (NFPA) Standards, to current editions as follows:

(A) NFPA 10 to the 2010 edition.

(B) NFPA 13, 13R and 13D to the 2010 edition.

(C) NFPA 17 to the 2009 edition.

(D) NFPA 17A to the 2009 edition.

(E) NFPA 20 to the 2010 edition.

(F) NFPA 58 to the 2011 edition.

(G) NFPA 72 to the 2010 edition.

(H) NFPA 96 to the 2011 edition.

[Publications: Publications referenced are available from the agency.]

Stat. Auth: ORS 476.030
Stats. Implemented: ORS 476.030
Hist.: OSFM 1-2006(Temp), f. 1-9-06 cert. ef. 2-1-06 thru 7-28-06; OSFM 9-2006, f. & cert. ef. 6-12-06; OSFM 13-2006, f. 12-1-06, cert. ef. 4-1-07; OSFM 6-2008, f. 9-2-08, cert. ef. 10-1-08; OSFM 10-2008, f. 12-18-09, cert. ef. 12-31-09; OSFM 4-2009, f. 11-19-09, cert. ef. 4-1-10; OSFM 2-2010(Temp), f. 2-3-10, cert. ef. 7-1-10 thru 9-30-10; Administrative correction 10-26-10; OSFM 4-2010, f. & cert. ef. 11-3-10; OSFM 2-2011, f. 3-15-11, cert. ef. 4-1-11; OSFM 4-2011, f. 11-10-11, cert. ef. 1-1-12; OSFM 2-2012, f. & cert. ef. 1-12-12; OSFM 5-2012(Temp), f. & cert. ef. 2-10-12 thru 8-3-12

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, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​