Or. Admin. Code § 837-039-0003 - Definitions

(1) "Administration" (or "administrative") means the inspection, enforcement and record-keeping systems used in the management of a fire prevention/investigation program.

(2) "Appeal" means the delegated appeals process as stated in section 12 of this rule which is offered to an aggrieved party by the authority having jurisdiction which:

(a) Assures the aggrieved party is given the due process of law;

(b) Is in response to the aggrieved party having received an order from the authority having jurisdiction;

(c) Is requested by the aggrieved party; and

(d) Is consistent with the lawful authority of the authority having jurisdiction.

(3) "Assistant" means an Assistant to the State Fire Marshal under ORS 476.060, including, but not limited to, "all fire marshals in those governmental subdivisions having such officers, and where no such officer exists, the chief of the fire department of every city or rural fire protection district in which a fire department is established.

(4) "Authority Having Jurisdiction" means a local governmental subdivision recognized by the State Fire Marshal under this Division including, but not limited to:

(a) Municipal fire departments operated under home rule charter;

(b) Rural fire protection districts operating under ORS 478;

(c) Water supply districts operating under ORS 264; or

(d) Public fire protection agencies not described above, and which are subject to the laws of the State of Oregon.

(5) "Classroom" means an instructional environment the instructor believes is most conducive for the student to learn the material in a specific unit.

(6) "Company Inspector" means an individual who has met the education and job performance requirements to conduct basic fire code enforcement in Business Group B occupancies and Mercantile Group M occupancies with no high-piled or rack storage, Residential Group R-1 and R-2 occupancies with 15 or fewer rooms and self-storage facilities.

(7) "DPSST" means the Department of Public Safety Standards and Training.

(8) "DPSST's NFPA Fire Inspector I" means an individual who has been certified by DPSST for meeting the requisite knowledge and skills identified in the DPSST NFPA Fire Inspector I task book to conduct basic fire code enforcement and apply codes and standards.

(9) "DPSST's NFPA Fire Inspector II" means an individual who has been certified by DPSST for meeting the requisite knowledge and requisite skills identified in the DPSST NFPA Fire Inspector I and II task books to conduct moderately technically challenging fire code enforcement and interpret codes and standards.

(10) "DPSST's NFPA Fire Inspector III" means an individual who has been certified by DPSST for meeting the requisite knowledge and requisite skills identified in the DPSST NFPA Fire Inspector I, II, and III task books to conduct advanced technically challenging fire code enforcement and resolve complex code-related issues.

(11) "DPSST's NFPA Fire Investigator" means an individual who has been certified by DPSST for meeting the requisite knowledge and skills identified in the DPSST NFPA Fire Investigator task book to conduct an investigation of a fire for its origin and cause.

(12) "Delegated Appeals Process" means an administrative procedure established by an exempt authority which the State Fire Marshal has found to be the equivalent of a contested case proceeding established under ORS Chapter 183.417 and the appeals process established under 479.180.

(13) "Deputy State Fire Marshal" means an employee of the Office of State Fire Marshal as authorized in ORS 476.040.

(14) "Enforcement" means the investigation, inspection, citation, and/or prosecution of alleged violations of state and local fire protection laws, rules and regulations.

(15) "Exempt Jurisdiction" means any local governmental subdivision which through application has been granted partial exemption by the State Fire Marshal from statutes, rules and regulations administered by the State Fire Marshal as authorized in ORS 476.030(3) and as defined in this Division.

(16) "Exempt Jurisdiction Committee" means the Fire Marshal, or their designee, from each Exempt Jurisdiction.

(17) "Fire Code" means the Oregon Fire Code and local government regulations which are adopted in conformance with this Division.

(18) "Fire Code Official" means the fire chief or other designated authority charged with the administration and enforcement of the fire code, or duly authorized representative.

(19) "Fire Official" means any individual authorized to enforce the state or local fire code.

(20) "Local Appeals Process" means the administrative procedure adopted and operated by a local government subdivision under local ordinance or resolution.

(21) "Local Governmental Subdivision" means a city, county or rural fire protection district whose function includes regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations.

(22) "NFPA" means National Fire Protection Association.

(23) "Nonexempt Jurisdiction" means a local governmental subdivision which has not applied for and been granted exempt status by the State Fire Marshal under this Division.

(24) "Oregon Fire Code" means all Oregon fire protection statutes and the administrative rules of the State Fire Marshal adopted in accordance with ORS 476.030(1).

(25) "Partially Exempt Jurisdiction" means a local governmental subdivision which has received authorization from the State Fire Marshal under this Division to administer specified fire prevention programs within its legally established political boundary.

(26) "Promulgate" means to lawfully develop and adopt an administrative rule, local ordinance, code or regulation authorized by law.

(27) "Requisite Knowledge" means the fundamental knowledge one must have in order to perform a specific task.

(28) "Requisite Skills" means the essential skills one must have in order to perform a specific task.

(29) "Scope of Practice" means an established list of competencies that are required to administer the Oregon fire code in an elected range of complexity.

(30) "Service Area" means the geographic area contained within the municipal city limits, corporate boundaries of the fire district or areas to which the Exempt Jurisdiction provides fire protection and prevention services under contract.

(31) "State Appeals Process" means an administrative contested case proceeding under ORS Chapter 183 and, if applicable, the accelerated appeals process established under ORS 479.180.

Notes

Or. Admin. Code § 837-039-0003

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 2-2017, f. 6-26-17, cert. ef. 7/1/2017; OSFM 3-2022, amend filed 12/27/2022, effective 1/1/2023

Statutory/Other Authority: ORS 476.030

Statutes/Other Implemented: ORS 476