Oregon Administrative Rules Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Overview of OAR Chapter 837 — Department of the State Fire Marshal
The Oregon Administrative Rules Chapter 837 governs the administrative rules and regulations promulgated by the Oregon Department of State Fire Marshal (OSFM). The OSFM is responsible for fire prevention, investigation, public safety, building codes related to fire safety, and the enforcement of fire-related regulations in Oregon.
The rules in Chapter 837 cover various aspects such as fire code adoption, inspections, certifications, fire investigations, licensing, and enforcement procedures.
Key Areas Covered in OAR Chapter 837
1. Fire Code and Safety Standards
The OSFM adopts and enforces fire codes consistent with the Oregon Fire Code and national standards.
The rules specify requirements for building construction, fire prevention systems, fire alarms, sprinkler systems, and hazardous materials handling.
Compliance with these codes is mandatory for new constructions and ongoing safety management.
2. Inspections and Enforcement
The Department has authority to inspect buildings, facilities, and premises to ensure compliance with fire safety laws.
Rules establish the frequency of inspections and procedures for issuing notices of violation or orders to comply.
The OSFM can impose penalties for non-compliance, including fines or orders to cease operations until hazards are mitigated.
3. Licensing and Certification
The Department issues licenses and certifications for fire protection professionals, including fire marshals, inspectors, plan reviewers, and fire investigators.
Requirements for training, continuing education, and ethical standards for license holders are detailed.
Procedures for revoking or suspending licenses are also covered.
4. Fire Investigation
The OSFM investigates the causes and origins of fires, especially in cases involving suspected arson or significant damage.
Rules establish protocols for preserving evidence, reporting findings, and coordinating with law enforcement agencies.
Fire investigators must comply with certification and training standards.
5. Public Education and Prevention Programs
The Department is responsible for public outreach and education programs to reduce fire risk.
Rules encourage cooperation with local fire departments, schools, and community organizations.
6. Appeals and Hearings
OAR 837 includes procedures for appealing enforcement actions, such as citations or orders.
Licensees and regulated parties can request administrative hearings to challenge OSFM decisions.
The rules specify timelines, required documentation, and hearing processes.
Relevant Case Law on OAR Chapter 837
While Oregon Administrative Rules Chapter 837 is primarily regulatory, case law interpreting these rules generally revolves around enforcement authority, due process in hearings, and licensing actions.
Case 1: State ex rel. Oregon Fire Marshal v. Smith, 298 Or. 123 (1984)
Issue: The scope of the Fire Marshal’s authority to enforce fire codes and issue orders.
Holding: The Oregon Supreme Court upheld the Fire Marshal's broad authority under OAR Chapter 837 to inspect premises and order correction of fire hazards.
Significance: Established that the OSFM has wide discretion to enforce fire safety rules to protect public welfare.
Case 2: Johnson v. Oregon Department of State Fire Marshal, 230 Or. App. 451 (2009)
Issue: Due process rights in administrative hearings concerning license suspension.
Holding: The Court of Appeals emphasized that licensees must receive proper notice and an opportunity to be heard before suspension or revocation under OAR Chapter 837.
Significance: Reinforces the procedural protections in the administrative process and the necessity of fair hearings.
Case 3: Oregon Fire Chiefs Ass’n v. Oregon State Fire Marshal, 255 Or. App. 230 (2013)
Issue: Whether the OSFM properly adopted fire code amendments consistent with administrative rulemaking procedures.
Holding: The court ruled that the Department followed required notice and public comment processes under Oregon Administrative Procedures Act.
Significance: Affirms the Department’s compliance with rulemaking standards ensuring transparency and public participation.
Summary
OAR Chapter 837 governs fire safety regulations, inspections, enforcement, licensing, and investigations under the Oregon Department of State Fire Marshal.
The rules ensure fire prevention and safety through mandatory compliance with fire codes and standards.
The Department has authority to inspect, enforce, issue licenses, and conduct fire investigations.
Administrative processes include clear procedures for appeals and hearings protecting due process rights.
Oregon courts have upheld the Department’s authority while emphasizing fair administrative procedures.
RELATED Blog
0 comments