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Oregon Bulletin

August 1, 2012

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

Rule Caption: Clarifies fire investigator qualification requirements for exempt jurisdictions.

Adm. Order No.: OSFM 8-2012

Filed with Sec. of State: 6-27-2012

Certified to be Effective: 6-27-12

Notice Publication Date: 6-1-2012

Rules Amended: 837-039-0040

Subject: Requires fire investigators that are doing fire investigations beyond that of company level investigations to be Department of Public Safety Standards and training (DPSST) certified or posses a national recognized Certified Fire Investigator (CFI) certification issued by the International Association of Arson Investigators (IAAI) or a Certified Fire and Explosion Investigator (CFEI) certification issued by the National Association of Fire Investigators or posses a state or federal certification that meets the requirements of the National Fire Protection Association 1033, Professional Qualifications for Fire Investigator.

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

837-039-0040

Exemption Criteria

(1) In order to qualify for partially exempt status, applicants must provide evidence that they effectively administer and enforce the fire code sections specified in their application.

(2) To the extent of the proposed exemption, an ability to effectively administer a fire code is demonstrated by meeting or exceeding the qualifications described in this section.

(3) The applicants must employ a number of fire prevention personnel they deem adequate to:

(a) Inspect regulated buildings on a frequency they deem necessary to provide a reasonable level of fire and life safety in the applicant’s service area.

(b) Annually inspect;

(A) Hospitals (I-2) and for licensing or certification by the Health Division except for I-2 Nursing Homes; and

(B) Licensed Day Cares (I-4) and for licensing by the Employment Department; and

(C) Mental Hospitals (I-2), Jails (I-3), Prisons (I-3) and Reformatories (I-3) in the applicant’s service area.

(c) Inspect licensed Boarding/Residential Schools (E), Group Homes and Residential Board/Care Facilities (SR) bi-annually or at the request of the Licensing Agency for a license renewal; and

(d) Initially inspect Ambulatory Health Care Facilities (I-2) and Clinic-outpatient (B) and then every three years. A self inspection program may be initiated in the two intervening years. The process for the self inspection must be explained in the Exempt Jurisdiction’s business plan; and

(e) Inspect licensed Sheltered Workshops (various occupancies) every three years.

(f) Make necessary reinspections at appropriate intervals to assure compliance with correction orders issued in response to noted deficiencies in the applicant’s service area; and

(g) Make necessary special inspections as warranted for unusual conditions, including but not limited to, response to complaints of special hazards and special events requiring supervision in the applicant’s service area.

(h) Provide consultation upon request of the licensing agency for Adult Foster Care Homes, pursuant to ORS 476.030(6) in the applicant’s service area.

(4) Fire code administration personnel must meet the competency requirements for their elected scope of practice as outlined in section 837-039-0120.

(5) Applicants must provide evidence that they assure coordination among all authorities responsible for structural fire safety and fire protection within the applicant’s service area.

(6) Applicants must:

(a) Provide the services specified in this rule to all service areas.

(b) Have the ability to provide an administrative appeals process upon the request of any party who may receive a fire code compliance order issued by the applicant. Such delegated appeal process must generally conform to a contested case proceedings described under ORS Chapter 183 unless otherwise provided for by state law; or

(c) Establish or maintain a fire code appeals board generally performing the functions outlined in ORS 476.115. If such Appeals Board meets the criteria established in subsection (6)(c) of this rule, the Board may hear local and delegated appeals and rule on fire code or other issues such as alleged unnecessary hardship, inconsistent regulations, requests for alternate materials or methods, etc.

(7) When a fire code delegated appeals process or board has been established under section (6) of this rule, applicants must:

(a) Coordinate the interpretation of state fire laws with the State Fire Marshal to assure uniformity;

(b) Submit a list of hearing officers or board members, including their term of appointment, to the State Fire Marshal. An updated list must be submitted annually or upon any change; and

(c) Submit a written summary of the results of any fire code appeal to the State Fire Marshal within 30 days of issuance of a final order.

(8) To the extent of the proposed exemption, applicants must employ an adequate number of fire investigation personnel to investigate the origin, cause, and circumstances of those fires, where the investigation is not completed at the company level, within the applicant’s jurisdiction. Applicants must substantiate that their investigators are reasonably qualified through:

(a) Being DPSST certified as a NFPA Fire Investigator; or

(b) Possess the nationally recognized certification of Certified Fire Investigator (CFI) issued by the International Association of Arson Investigators (IAAI) or Certified Fire and Explosion Investigator (CFEI) issued by the National Association of Fire Investigators (NAFI); or

(c) Possess a state or federal certification that fully meets the requirements set forth in the National Fire Protection Association 1033 Professional Qualifications for Fire Investigator.

(9) To the extent of the proposed exemption, applicants must employ an adequate number of trained personnel, as determined by the applicant to provide effective fire prevention education for all schools, institutions, and similar occupancies in the applicant’s service area.

(10) To the extent of the proposed exemption, applicants must maintain records of their fire code administration and delegated appeal activities or other related functions as follows:

(a) Fire prevention inspection records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(b) Records of fire code appeals must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(c) Fire investigation records which document a loss of life must be maintained for a period of 75 years. Other investigation records must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(d) Records of public fire education efforts must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(e) Records not otherwise described in this section must be maintained in accordance with the requirements of the Records Retention Schedule of the Secretary of State Archives Division.

(11) In the event an exempt jurisdiction ceases for any reason to be exempt, all records described in this section must be maintained by the jurisdiction as per the Records Retention Schedule of the Secretary of State Archives Division.

(12) Applicants must forward to the State Fire Marshal a written annual report which:

(a) Clearly describes the fire prevention and investigation activities of the applicant;

(b) Is on a calendar year basis; and

(c) Is forwarded to the State Fire Marshal no later than July 1st of the following year.

Stat. Auth.: ORS 476.030
Stats. Implemented: ORS 476.030(3)
Hist.: FM 5-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 9-2000, f. & cert. ef. 8-22-00; OSFM 4-2008, f. & cert. ef. 7-2-08; OSFM 8-2012, f, & cert. ef. 6-27-12

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

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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