Oregon Bulletin
Rule Caption: Add
technical rescuer definition; Update contest case procedures; Decrease fees.
Adm. Order No.: DPSST 12-2011
Filed with Sec. of State: 8-1-2011
Certified to be Effective: 8-1-11
Notice Publication Date: 7-1-2011
Rules Amended: 259-009-0005, 259-020-0031, 259-060-0500
Rules Repealed: 259-020-0031, 259-060-0500
Subject: 259-009-0005: Define NFPA Dive Rescue and NFPA Surf
Rescue.
259-020-0031:
Amend rule to reflect current contested case procedures as prescribed by the
Administrative Procedures Act.
259-060-0500:
Decrease private security licensing and certification fees.
Rules Coordinator: Linsay Bassler—(503) 378-2431
259-009-0005
Definitions
(1) “Authority
having jurisdiction” means the Department of Public Safety Standards and
Training.
(2) “Agency
Head” means the chief officer of a fire service agency directly responsible for
the administration of that unit.
(3) “Board”
means the Board on Public Safety Standards and Training.
(4) “Cargo
Tank Specialty” means a person who provides technical support pertaining to
cargo tank cars, provided oversight for product removal and movement of damaged
cargo tanks, and acts as liaison between technicians and outside resources.
(5) “Chief
Officer” means an individual of an emergency fire agency at a higher level of
responsibility than a company officer. A chief officer supervises two or more
fire companies in operations or manages and supervises a particular fire
service agency program such as training, communications, logistics, prevention,
emergency medical services provisions and other staff related duties.
(6) “Community
College” means a public institution operated by a community college district
for the purpose of providing courses of study limited to not more than two
years full-time attendance and designed to meet the needs of a geographical
area by providing educational services, including but not limited to vocational
or technical education programs or lower division collegiate programs.
(7) “Company
Officer” means a fire officer who supervises a company of fire fighters
assigned to an emergency response apparatus.
(8) “Content
Level Course” is a course that includes an identifiable block of learning
objectives or outcomes that are required for certification at one or more
levels.
(9) “Department”
means the Department of Public Safety Standards and Training.
(10) “Director”
means the Director of the Department of Public Safety Standards and Training.
(11) “Entry
Level Fire Fighter” means an individual at the beginning of his/her fire
service involvement. During the probationary period an entry level fire fighter
is in a training and indoctrination period under constant supervision by a more
senior member of a fire service agency.
(12) “Field
Training Officer” means an individual who is authorized by a fire service
agency of by the Department to sign as verifying completion of tasks required
by task books.
(13) “Fire
Company” means a group of fire fighters, usually 3 or more, who staff and
provide the essential emergency duties of a particular emergency response
apparatus.
(14) “Fire
Fighter” is a term used to describe an individual who renders a variety of
emergency response duties primarily to save lives and protect property. This
applies to career and volunteer personnel.
(15) “Fire
Ground Leader” means a Fire Service Professional who is qualified to lead
emergency scene operations.”
(16) “Fire
Inspector” means an individual whose primary function is the inspection of
facilities in accordance with the specific jurisdictional fire codes and
standards.
(17) “Fire
Service Agency” means any unit of state or local government, a special purpose
district or a private firm which provides, or has authority to provide, fire
protection services.
(18) “Fire
Service Professional” means a paid (career) or volunteer fire fighter, an
officer or a member of a public or private fire protection agency who is
engaged primarily in fire investigation, fire prevention, fire safety, fire
control or fire suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous materials
incident response. “Fire service professional” does not include forest fire
protection agency personnel.
(19) “Fire
Training Officer” means a fire service member assigned the responsibility for
administering, providing, and managing and/or supervising a fire service agency
training program.
(20) “First
Responder” means an “Operations Level Responder”
(21) “Hazardous
Materials Safety Officer” means a person who works within an incident
management system (IMS) (specifically, the hazardous materials branch/group) to
ensure that recognized hazardous materials/WMD safe practices are followed at
hazardous materials/weapons of mass destruction (WMD) incidents.
(22) “Hazardous
Materials Technician” means a person who responds to hazardous
materials/weapons of mass destruction (WMD) incidents using a risk-based
response process by which they analyze a problem involving hazardous
materials/weapons of mass destruction (WMD), select applicable decontamination
procedures, and control a release using specialized protective and control
equipment.
(23) “Incident
Commander” (IC) means a person who is responsible for all incidents activities,
including the development of strategies and tactics and the ordering and
release of resources.
(24) “Intermodal
Tank Specialty” means a person who provides technical support pertaining to
intermodal tanks, provided oversight for product removal and movement of
damaged intermodal tanks, and acts as a liaison between technicians and outside
resources.
(25) “Marine
Tank Vessel Specialty” means a person who provides technical support pertaining
to marine tank vessels, provided oversight for product removal and movement of
damaged marine tank vessels, and acts as a liaison between technicians and
outside resources.
(26) “NFPA”
stands for National Fire Protection Association which is a body of individuals
representing a wide variety of professions, including fire protection, who
develop consensus standards and codes for fire safety by design and fire
protection agencies.
(27) “NFPA
Aircraft Rescue and Fire-Fighting Apparatus” means a Fire Service Professional
who has met the requirements of Fire Fighter II as specified in NFPA 1001, Fire
Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4, NFPA Airport
Fire Fighter as specified in NFPA 1003 and the job performance requirements
defined in NFPA 1002 Sections 9.1 and 9.2.
(28) “NFPA
Airport Firefighter” means a member of a Fire Service Agency who has met job
performance requirements of NFPA Standard 1003.
(29) “NFPA
Apparatus Equipped with an Aerial Device” means a Fire Service Professional who
has met the requirements of Fire Fighter I as specified in NFPA 1001, Fire
Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job
performance requirements defined in NFPA 1002 Sections 6.1 and 6.2.
(30) “NFPA
Apparatus Equipped with a Tiller” means a Fire Service Professional who has met
the requirements of Fire Fighter I as specified in NFPA 1001, Fire Apparatus
Driver/Operator as specified in NFPA 1002 Chapter 4, Apparatus Equipped with an
Aerial Device as specified in NFPA 1002 Chapter 6 and the job performance requirements
defined in NFPA 1002 Sections 7.2.
(31) “NFPA
Apparatus Equipped with Fire Pump” means a Fire Service Professional who has
met the requirements of Fire Fighter I as specified in NFPA 1001, Fire
Apparatus Driver/Operator as specified in NFPA 1002 Chapter 4 and the job
performance requirements defined in NFPA 1002 Sections 5.1 and 5.2.
(32) “NFPA
Confined Space Rescue” means a Fire Service Professional who has met the job
performance requirements defined in NFPA 1006, Chapter 7 sections 7.1 and 7.2.
(33) “NFPA
Dive Rescue” means a Fire Service Professional who has met the job performance
requirements defined in NFPA 1006, Chapter 11 sections 11.1 and 11.2, and
Chapter 13 sections 13.1 and 13.2.
(34) “NFPA
Fire Apparatus Driver/Operator” means a Fire Service Professional who has met
the job performance requirements defined in NFPA 1002, Chapter 4 sections 4.2
and 4.3.
(35) “NFPA
Fire Fighter I” means a member of a fire service agency who has met the Level I
job performance requirements of NFPA standard 1001. Sometimes referred to as a
journeyman fire fighter.
(36) “NFPA
Fire Fighter II” means a member of a fire service agency who met the more
stringent Level II job performance requirements of NFPA Standard 1001.
Sometimes referred to as a senior fire fighter.
(37) “NFPA
Fire Inspector I” means an individual who conducts basic fire code inspections
and has met the Level I job performance requirements of NFPA Standard 1031.
(38) “NFPA
Fire Inspector II” means an individual who conducts complicated fire code
inspections, reviews plans for code requirements, and recommends modifications
to codes and standards. This individual has met the Level II job performance
requirements of NFPA standard 1031.
(39) “NFPA
Fire Inspector III” means an individual at the third and most advanced level of
progression who has met the job performance requirements specified in this
standard for Level III. The Fire Inspector III performs all types of fire
inspections, plans review duties, and resolves complex code-related issues.
(40) “NFPA
Fire Investigator” means an individual who conducts post fire investigations to
determine the cause and the point of origin of fire. This individual has met
the job performance requirements of NFPA Standard 1033.
(41) “NFPA
Fire Officer I” means the fire officer, at the supervisory level, who has met
the job performance requirements specified in NFPA 1021 Standard Fire Officer
Professional Qualifications. (Company officer rank)
(42) “NFPA
Fire Officer II” means the fire officer, at the supervisory/managerial level,
who has met the job performance requirements in NFPA Standard 1021. (Station
officer, battalion chief rank)
(43) “NFPA
Fire Officer III” means the fire officer, at the managerial/administrative
level, who has met the job performance requirements in NFPA Standard 1021.
(District chief, assistant chief, division chief, deputy chief rank)
(44) “NFPA
Fire Officer IV” means the fire officer, at the administrative level, who has
met the job performance requirements in NFPA Standard 1021. (Fire Chief)
(45) “NFPA
Instructor I” means a fire service instructor who has demonstrated the
knowledge and ability to deliver instruction effectively from a prepared lesson
plan, including instructional aids and evaluation instruments; adapt lesson
plans to the unique requirements of the students and authority having
jurisdiction; organize the learning environment so that learning is maximized;
and meet the record-keeping requirements of authority having jurisdiction.
(46) “NFPA
Instructor II” means a fire service instructor who, in addition to meeting
Instructor I qualifications, has demonstrated the knowledge and ability to
develop individual lesson plans for a specific topic including learning
objectives, instructional aids, and evaluation instruments; schedule training
sessions based on overall training plan of authority having jurisdiction; and
supervise and coordinate the activities of other instructors.
(47) “NFPA
Instructor III” means a fire service instructor who, in addition to meeting
Instructor II qualifications, has demonstrated the knowledge and ability to
develop comprehensive training curricula and programs for use by single or
multiple organizations; conduct organization needs analysis; and develop
training goals and implementation strategies.
(48) “NFPA
Marine Land-Based Fire Fighter” means a member of a fire service agency who
meets the job performance requirements of NFPA 1005.
(49) “NFPA
Mobile Water Supply Apparatus” means a Fire Service Professional who has met
the requirements of Fire Apparatus Driver/Operator as specified in NFPA 1002
Chapter 4 and the job performance requirements defined in NFPA 1002 Sections
10.1 and 10.2.
(50) “NFPA
Rope Rescue — Level I” means a Fire Service Professional who has met the
job performance requirements defined in NFPA 1006, Chapter 6 section 6.1.
(51) “NFPA
Rope Rescue — Level II” means a Fire Service Professional who has met the
job performance requirements defined in NFPA 1006, Chapter 6 section 6.2.
(52) “NFPA
Surf Rescue” means a Fire Service Professional who had met the job performance
requirements defined in NFPA 1006, Chapter 11 sections 11.1 and 11.2, and
Chapter 15 sections 15.1 and 15.2.
(53) “NFPA
Surface Water Rescue — Level I” means a Fire Service Professional who has
met the job performance requirements defined in NFPA 1006, Chapter 11 section
11.1.
(54) “NFPA
Surface Water Rescue — Level II” means a Fire Service Professional who
has met the job performance requirements defined in NFPA 1006, Chapter 11 section
11.2.
(55) “NFPA
Swiftwater Rescue” means a Fire Service Professional who has met the job
performance requirements defined in NFPA 1006, Chapter 6 sections 6.1 and 6.2,
Chapter 11 sections 11.1 and 11.2, and Chapter 12 sections 12.1 and 12.2.
(56) “NFPA
Trench Rescue” means a Fire Service Professional who has met the job
performance requirements defined in NFPA 1006, Chapter 8 sections 8.1 and 8.2.
(57) “NFPA
Structural Collapse Rescue” means a Fire Service Professional who has met the
job performance requirements defined in NFPA 1006, Chapter 9 sections 9.1 and
9.2.
(58) “NFPA
Vehicle and Machinery Rescue” means a Fire Service Professional who has met the
job performance requirements defined in NFPA 1006, Chapter 10 sections 10.1 and
(59) “NFPA
Wildland Fire Apparatus” means a Fire Service Professional who has met the
requirements of Fire Apparatus Driver/Operator as specified in NFPA 1002
Chapter 4 and the job performance requirements defined in NFPA 1002 Sections
8.1 and 8.2.
(60) “Operations
Level Responder” means a person who responds to hazardous materials/weapons of
mass destruction (WMD) incidents for the purpose of implementing or supporting
actions to protect nearby persons, the environment, or property from the
effects of the release.
(61) “Service
Delivery” means to be able to adequately demonstrate, through job performance,
the knowledge, skills, and ability of a certification level.
(62) “Staff”
means those employees occupying full-time, part-time, and/or temporary
positions with the Department.
(63) “Tank
Car Specialty” means a person who provides technical support pertaining to tank
cars, provided oversight for product removal and movement of damaged tank cars,
and acts as a liaison between technicians and outside resources.
(64) “Task
Performance” means to be able to demonstrate the ability to perform the tasks,
of a certification level, in a controlled environment while being evaluated.
(65) “The
Act” refers to the Public Safety Standards and Training Act (ORS 181.610 to
181.705).
(66) “Topical
Level Course” is a course that does not include an identifiable block of
learning objectives or outcomes that are required for certification at one or
more levels.
(67) “Track”
means a field of study required for certification.
(68) “Waiver”
means to refrain from pressing or enforcing a rule.
(69) “Wildland
Interface Crew Boss” means a person who is in supervisory position in charge of
16 to 21 fire fighters and is responsible for their performance, safety, and
welfare.
(70) “Wildland
Interface Division/Group Supervisor” means a person who is responsible to act
in an ICS position responsible for commanding and managing resources on a
particular geographic area of a wildland fire. Reports to a Branch Director or
Operations Section Chief.
(71) “Wildland
Interface Engine Boss” means a person who is in supervisory position who has
demonstrated the skills and depth of knowledge necessary to function under
general supervision while operating a piece of apparatus such as an engine.
(72) “Wildland
Interface Fire Fighter” means a person at the first level of progression who
demonstrated the knowledge and skills necessary to function safely as a member
of a wildland fire suppression crew whose principal function is fire
suppression. This position has direct supervision.
(73) “Wildland
Interface Strike Team Leader Crew” means a person who is responsible to act in
an ICS position and is responsible for the direct supervision of a crew strike
team.
(74) “Wildland
Interface Strike Team Leader Engine” means a person who is responsible to act
in an ICS position and is responsible for the direct supervision of an engine
strike team.
(75) “Wildland
Interface Structural Group Supervisor” means a person who is responsible to act
in an ICS position responsible for supervising equipment and personnel assigned
to a group. Groups are composed of resources assembled to perform a special
function not necessarily within a single geographic division. Groups, when
activated, are located between branches and resources in the operations
section. Reports to a Branch Director or Operations Section Chief.
Stat.
Auth.: ORS 181.640
Stats.
Implemented: ORS 181.640
Hist.:
BPSST 22-2002, f. & cert. ef. 11-18-02; DPSST 8-2004, f. & cert. ef.
4-23-04; DPSST 2-2006, f. & cert. ef. 1-24-06; DPSST 9-2006, f. & cert.
ef. 7-7-06; DPSST 2-2007, f. & cert. ef. 1-12-07; DPSST 10-2008, f. &
cert. ef. 7-15-08; DPSST 7-2009, f. & cert. ef. 7-13-09; DPSST 12-2009, f.
& cert. ef. 10-15-09; DPSST 16-2009(Temp), f. & cert. ef. 12-15-09 thru
6-11-10; DPSST 5-2010, f. 6-11-10, cert. ef. 6-14-10; DPSST 11-2010, f. &
cert. ef. 11-12-10; DPSST 3-2011, f. 3-28-11, cert. ef. 5-1-11; DPSST 12-2011,
f. & cert. ef. 8-1-11
259-020-0031
Procedure
for Complaints, Denial, Suspension or Revocation
(1) The Department
may deny, revoke, or suspend any polygraph examiner or trainee license after
written notice and a hearing, if requested, based upon a violation of any
provision of The Act.
(2) Citizen
request: When a citizen submits a complaint on any polygraph examiner or
trainee license to the Department, including the basis for the complaint and
all factual information supporting the complaint, it will be the responsibility
of the Polygraph Licensing Advisory Committee to review and investigate the
complaints and make a recommendation to the Director on all allegations against
the licensed polygraph examiner or trainee.
(a) The
Director will review the complaint, the Committee recommendation, and the
supporting factual information to determine if the complaint and recommendation
meet statutory and administrative rule requirements.
(b) If the
issues of the complaint do not meet the statutory and administrative rule
requirements, the Department will so notify the citizen.
(c) If the
complaint and the Committee recommendation meets statutory and administrative
rule requirements, but are not supported by adequate factual information, the
Department may request further information from the requesting citizen or
Polygraph Licensing Advisory Committee.
(d) The Department
may choose to conduct its own investigation of the matter separate from, or in
conjunction with, that of the Polygraph Licensing Advisory Committee.
(3)
Initiation of Proceedings: Upon determination that the reason for denial,
suspension, or revocation is supported by factual data meeting the statutory
and administrative rule requirements, a contested case notice will be prepared.
(4)
Contested Case Notice: The “Contested Case Notice” will be prepared in
accordance with the applicable provisions of the Attorney General’s Model Rules
of Procedure adopted under OAR 259-005-0015. The Department will have a copy of
the Notice served on the person whose license is being affected.
(5)
Response Time:
(a) If the
Department is seeking denial, a party who has been served with the “Contested
Case Notice of Intent to Deny Licensure” will have 60 calendar days from the
date of the mailing or personal service of the notice in which to file a
written request for a hearing with the Department.
(b) If the
Department is seeking revocation, a party who has been served with the “Contested
Case Notice of Intent to Revoke Licensure” will have 20 days from the date of
the mailing or personal service of the notice in which to file a written
request for a hearing with the Department.
(c) If the
Department is seeking suspension, a party who has been served with the “Contested
Case Notice of Intent to Suspend Licensure” will have 10 calendar days from the
date of the mailing or personal service of the notice in which to file a
written request for a hearing with the Department.
(6) Default
Order: If a timely request for a hearing is not received, the Contested Case
Notice will become a final order denying, revoking, or suspending licensure
pursuant to OAR 137-003-0672.
(7) Stipulated
Order Revoking Licensure: The Department may enter a stipulated order revoking
the licensure of a polygraph examiner or trainee upon the person’s voluntary
agreement to terminate an administrative proceeding to revoke licensure, or to
relinquish licensure, under the terms and conditions outlined in the stipulated
order.
Stat.
Auth.: ORS 703.230
Stats.
Implemented: ORS 703.230
Hist.: PS
3-1987, f. & ef. 10-26-87; PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995,
f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST
1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef.
5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 9-2001, f.
& cert. ef. 9-19-01; BPSST 14-2002, f. & cert. ef. 7-1-02; DPSST
5-2011(Temp), f. & cert. ef. 6-13-11 thru 12-1-11; DPSST 12-2011, f. &
cert. ef. 8-1-11
259-060-0500
License
Fees
(1)
Payments to the Department are non-refundable, and must be paid by business
check, money order, cashier’s check or credit card. No personal checks or cash
will be accepted.
(2) The
Department will charge the following fees:
(a) The fee
of $65 for the issuance of each two-year certification as a private security
professional.
(b)
Appropriate fees must be submitted with each application for a fingerprint
criminal history check. These fees are to recover the costs of administering
the fingerprint check through the Oregon State Police and Federal Bureau of
Investigation. An additional fee will be charged for the third submittal of
fingerprint cards when rejected for filing by FBI. Current fee schedules for
processing fingerprints may be obtained from the Department.
(c) The fee
of $75 for the issuance of a two-year license as a supervisory manager.
(d) The fee
of $250 for the issuance of a two-year license as an executive manager.
(e) The fee
of $90 for the issuance of a two-year certification as a private security
instructor.
(f) The fee
of $20 for the issuance of each upgrade, duplicate or replacement card issued.
(g) The
late submission penalty fee of $25 may be added to the fees for recertification
if the provider fails to complete certification by the expiration date of the
license or certificate. If an applicant provides documented proof, such as
payroll data, that he or she has not been employed to provide private security
services since the prior certification or licensure expired, the late penalty
may be waived by the Department’s designated staff.
(h) In the
event a non-sufficient check is received for payment, an additional $25
administrative fee will be assessed.
Stat.
Auth.: ORS 181.878
Stats.
Implemented: ORS 181.878
Hist.: PS
1-1997(Temp), f. 2-21-97, cert. ef. 2-24-97; PS 9-1997, f. & cert. ef.
8-20-97; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. &
cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98;
BPSST 3-1998, f. & cert. ef. 6-30-98; BPSST 3-1999(Temp), f. & cert.
ef. 3-9-99 thru 9-5-99; BPSST 4-1999, f. 4-29-99, cert. ef. 9-5-99; BPSST
3-2000, f. & cert. ef. 8-10-00; BPSST 8-2001(Temp), f. & cert. ef.
8-22-01 thru 2-18-02; BPSST 18-2001(Temp), f. & cert. ef. 11-28-01 thru
2-18-02; BPSST 4-2002(Temp), f. & cert. ef. 2-25-02 thru 7-1-02; BPSST
13-2002, f. & cert. ef. 4-30-02; DPSST 12-2003, f. & cert. ef. 7-24-03;
DPSST 3-2005(Temp), f. 4-25-05, cert. ef. 5-1-05 thru 10-28-05; DPSST 11-2005,
f. & cert. ef. 10-14-05; DPSST 6-2006, f. & cert. ef. 5-15-06; DPSST
6-2008, f. & cert. ef. 4-15-08; DPSST 6-02010(T), f. 6-14-10, cert. ef.
7-1-10 thru 12-27-10; DPSST 12-2010, f. & cert. ef. 11-12-10; DPSST
6-2011(Temp), f. 6-14-11, cert. ef. 7-1-1 thru 12-1-11; DPSST 12-2011, f. &
cert. ef. 8-1-11
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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