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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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PARKS AND RECREATION DEPARTMENT

 

DIVISION 28

OCEAN BEACH SAFETY AND LIFESAVING PROGRAM

 

736-028-0005

Purpose

Pursuant to Chapter 673, Oregon Laws 1973 and Chapter 395, Oregon Laws 1985 (ORS 390.270 – 390.290), the Department of Parks and Recreation shall provide matching fund grants to cities, counties, and Rural Fire Protection Districts (RFPD's) providing lifesaving services on the ocean shore. These grants shall be distributed in the amounts and under the conditions set forth in Chapter 673 and in these rules.

Stat. Auth.: ORS 183.545 & ORS 390.150
Stats. Implemented: ORS 390.280
Hist.: PR 2-1981, f. & ef. 2-25-81; PR 3-1986, f. & ef. 3-14-86; PR 14-1992, f. & cert. ef. 11-12-92

736-028-0010

Definitions

(1) "Act" shall mean Chapter 673 of Oregon Laws 1973, as amended by Chapter 395, Oregon Laws 1985.

(2) "Commission" shall mean the Oregon Parks and Recreation Commission or any authorized agent thereof.

(3) "Costs" shall mean the actual direct costs of lifesaving services borne by a provider agency, including personal services, supplies, transportation, communication, insurance, acquisition or construction of facilities and other related costs. Costs of items which relate to other programs of a provider agency in addition to lifesaving services shall be prorated in cost reports submitted to the Department.

(4) "Department" shall mean the Oregon Department of Parks and Recreation.

(5) "Applicant" shall mean, as applicable, the county court or board of commissioners of any county, the city council of any city or the chief of any coastal RFPD.

(6) "Fiscal year" shall mean the period from July 1 of any calendar year until June 30 of the next succeeding calendar year.

(7) "Lifesaving services" shall mean the provision of personnel, equipment or facilities for the protection of persons using recreational places along the ocean shore.

(8) "Ocean shore" shall mean the land lying between extreme low tide of the Pacific Ocean and the line of vegetation, as established and described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. "Ocean shore" does not include an estuary as defined in ORS 196.800.

(9) "Subject year" shall mean any fiscal year in which lifesaving services were performed for which a matching fund grant is requested by a provider agency.

Stat. Auth.: ORS 183.545 & ORS 390.150
Stats. Implemented: ORS 390.280 & ORS 390.605
Hist.: PR 2-1981, f. & ef. 2-25-81; PR 3-1986, f. & ef. 3-14-86; PR 14-1992, f. & cert. ef. 11-12-92; PRD 7-2000, f. & cert. ef. 5-10-00

736-028-0015

Eligibility

A provider agency shall be eligible for matching fund grants on account of services and capital acquisitions provided during any subject year if:

(1) Prior to the commencement of the first fiscal year for which a matching fund grant is requested, the provider agency has filed with the Department a report setting forth:

(a) The services proposed to be provided;

(b) The methods of operation of such services; and

(c) The procedures for the accounting of costs.

(2) In the event that in any subsequent fiscal year an applicant proposes to vary the services, methods or procedures set forth under section (1) of this rule, such changes have been set forth in a report filed with the appropriate Region State Parks Supervisor prior to the commencement of the fiscal year in which such charges will be implemented.

(3) The cost of that portion of such services which has been declared eligible for participation by the Department during the subject year is in excess of $5,000.

(4) An application for a matching fund grant has been properly and timely filed in accordance with OAR 736-028-0025.

(5) The applicant has further complied with applicable regulations relating to provisions of lifesaving services as such regulations are promulgated from time to time by the Commission.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.280
Hist.: PR 2-1981, f. & ef. 2-25-81; PR 3-1986, f. & ef. 3-14-86

736-028-0020

Matching Fund Grants

Provider agencies determined to be eligible for matching fund grants shall receive grants equal to 75% of the cost of approved services in excess of $5,000, provided that in the event that the monies available to the Department for matching fund purposes are less than the total amount needed to satisfy all approved applications according to the above formula, available funds shall be distributed to approved applicants on a pro rata basis. Grants for any subject year shall be made out of funds available to the Department for such purpose in the next succeeding fiscal year.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.290
Hist.: PR 2-1981, f. & ef. 2-25-81

736-028-0025

Applications

(1) Applications for matching grants shall be submitted no later than the first day of February in the fiscal year following any subject year.

(2) Applications and eligibility reports shall be submitted at the following addresses:

(a) Clatsop, Tillamook, Lincoln Counties: Region II Parks Supervisor, 3600 E. 3rd Street, Tillamook, OR 97141;

(b) Lane, Douglas, Coos, Curry Counties: Region III Parks Supervisor, 365 N. 4th Street, Coos Bay, OR 97420.

(3) Applications shall include:

(a) The name and mailing address of applicant;

(b) A report of the services provided, methods of operation and accounting procedures used by applicant during the subject year and any changes in said methods and procedures proposed to be implemented for the next succeeding fiscal year. (Reference may be made to documents on file with the Department.);

(c) An account of the costs of services provided during the subject year which have been found eligible for participation in the program pursuant to OAR 736-028-0015. This account shall be certified as accurate by the chief financial officer of applicant or an authorized deputy;

(d) A brief report of important lifesaving activities undertaken during the subject year, including a record of any assists and any drownings that occurred.

Stat. Auth.: ORS 183.545 & ORS 390.150
Stats. Implemented: ORS 390.285
Hist.: PR 2-1981, f. & ef. 2-25-81; PR 3-1986, f. & ef. 3-14-86; PR 14-1992, f. & cert. ef. 11-12-92

Cities and Counties

736-028-0030

Standards

(1) Quality of Overall Performance -- A recognized acceptable lifesaving system or an approved adaptation of one of these systems must be employed. Two recognized systems are: The Surf Lifesaving Association of Australia, and the Los Angeles County Ocean Beach Lifesaving Program. Evidence must be produced that a like quality of performance is being achieved.

(2) Individual Proficiencies:

(a) Lifesaving -- Lifeguards must have at least a current Water Safety Certificate and be able to demonstrate acceptable proficiency in lifesaving technique;

(b) First Aid -- Lifeguards must have a current standard or advanced Red Cross first aid card and be able to demonstrate acceptable proficiency in first aid practices;

(c) In-service training must be an integral part of the lifesaving program;

(d) Proficiency drills and practice sessions also must be an integral part of the program;

(e) A record of practice sessions and rescue attempts is to be submitted to the appropriate Region State Parks Supervisor at the end of each session.

(3) Required Equipment:

(a) There must be at least one guard tower or designated lifesaving post at each designated swim area;

(b) Radio and/or telephones must be available at the tower or station to immediately summon additional lifesaving assistance in the event of an emergency;

(c) A vehicle must be available at or near the tower or station for immediate use.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.280
Hist.: PR 2-1981, f. & ef. 2-25-81; PR 3-1986, f. & ef. 3-14-86

Rural Fire Protection Districts

736-028-0035

Standards

(1) Search and Rescue. Each Rural Fire Protection District must keep an accurate record of individual search and rescue responses on forms provided by the Department. Such records must be submitted with the application for reimbursement.

(2) Capital Acquisitions, Supplies and Services. All RFPD equipment purchased which are submitted for partial reimbursement must be itemized with any and all invoices attached showing name of vendor and date of purchase.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.280
Hist.: PR 3-1986, f. & ef. 3-14-86

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