US Laws, Codes, Statutes & Cases

Chapter 479 — Protection of Buildings From Fire; Electrical Safety Law

 

2007 EDITION

 

 

PROTECTION OF BUILDINGS; ELECTRICAL SAFETY

 

PROTECTION FROM FIRE

 

PROTECTION OF BUILDINGS FROM FIRE

 

479.015     Smoking in public elevator prohibited; penalty

 

479.018     Definition for ORS 479.020 and 479.060

 

479.020     Buildings requiring fire escapes; exceptions

 

479.030     Hospital escape exits

 

479.040     Specifications for construction of fire escapes

 

479.050     Certain fire escapes to extend to ground or have approved counterbalanced stairways

 

479.060     Location of fire escapes; accessibility; freedom from obstructions; buildings of three or more stories

 

479.080     Red or green lights to show location of fire escapes; fire warning system

 

479.090     Stationary ladders; standpipe specifications; hospital requirements

 

479.100     Public garage regulation; rules

 

479.130     Tents or canvas-covered structures for public assembly to be flame resistant

 

479.140     School fire prevention

 

479.150     Outward-swinging doors required in public buildings; rules

 

479.155     Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules

 

479.160     Existing nonconforming buildings; permit for use and occupancy

 

479.165     Certification of fire officials; rules

 

479.168     Definitions for ORS 479.168 to 479.190 and 479.990

 

479.170     Ordering repair of, or removal of material from, buildings

 

479.180     Appeal from order to comply with fire prevention statutes

 

479.190     Liability in damages for failure to comply with order under ORS 479.170

 

479.195     Posting of notice of maximum allowable number of persons; closure of buildings; judicial review

 

479.200     Water supply requirement for certain public buildings

 

INSPECTION OF INSTITUTIONS

 

479.210     “Institution” defined for ORS 479.215 to 479.220

 

479.215     Institution not to be licensed or certificated unless in compliance with fire safety requirements; inspection; list of licensed or approved institutions

 

479.217     Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal

 

479.220     Institution inspection by State Fire Marshal; notification to Department of Human Services of noncompliance

 

SMOKE DETECTION

 

479.250     Definitions for ORS 479.250 to 479.300

 

479.255     Smoke alarm or smoke detector required in certain structures; alarms and devices for persons who are hard of hearing

 

479.257     Design features required for certain smoke alarms; rules

 

479.258     Provision of notice of smoke alarm or smoke detector requirements for persons who are hard of hearing; rules

 

479.260     Transfer of dwelling unit or lodging house without smoke alarm or smoke detector prohibited

 

479.265     Action for unlawful transfer of dwelling unit; damages; attorney fees

 

479.270     Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector; instructions for testing to be provided

 

479.275     Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries

 

479.280     Lack of properly operating smoke alarm or smoke detector; complaint; investigation; citation

 

479.285     Owner to maintain and test certain smoke alarms and smoke detectors

 

479.290     Certain persons not liable for damages resulting from mechanical failure of smoke alarm or smoke detector

 

479.295     State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors

 

479.297     Smoke alarms; required equipment; exemptions

 

479.300     Removing or tampering with smoke alarm or smoke detector prohibited

 

ELECTRICAL SAFETY LAW

 

479.510     Short title

 

479.520     Purpose

 

479.525     Application of Electrical Safety Law; uniformity

 

479.530     Definitions for ORS 479.510 to 479.945 and 479.995

 

479.540     Exemptions; rules

 

479.545     License required of state employee; letter of authority

 

479.550     No work on new electrical installation until permit issued; temporary permit; rules

 

479.560     Issuance of permit; when permit becomes void; master electrical inspection permit; rules

 

479.565     Master individual inspection permits; fee

 

479.570     Energizing of electrical installations; rules

 

479.610     Installation of uncertified electrical product prohibited

 

479.620     Certain electrical license required; electrical installations by unlicensed persons prohibited

 

479.630     Requirements for obtaining licenses; rules

 

479.632     Applicant training or experience obtained in another state

 

479.670     Maintenance of action or suit by unlicensed person prohibited

 

479.680     Adoption of rules by Electrical and Elevator Board; establishment of continuing education program

 

479.710     Electrical installations must meet minimum safety standards

 

479.730     Adoption of rules by Director of Department of Consumer and Business Services

 

479.740     Factors to be considered in adopting rules; incorporation of standards by reference

 

479.760     Certification of electrical products; safety indicators

 

479.770     Approved electric ignition pilot required on certain appliances

 

479.810     Administration and enforcement; Chief Electrical Inspector; inspector qualifications; rules

 

479.815     Inspector conflicts of interest; rules

 

479.820     Duties and powers in enforcing law

 

479.835     Recovery of purchase price of product not meeting applicable laws

 

479.840     Fees; rules; means to guarantee payment

 

479.845     Limitation on use of local government fees

 

479.850     Disposition of receipts

 

479.853     Appeal procedure; distribution of major code interpretation decisions

 

479.854     Authority of municipality to require license; approval of ordinance

 

479.855     City and county inspection and enforcement programs

 

479.860     Persons authorized to design, plan and lay out electrical installations; rules

 

479.870     Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules

 

479.905     Definitions for ORS 479.870 and 479.905 to 479.945

 

479.910     Limited energy technician license; compliance with other laws; fees; continuing education

 

479.915     Limited energy technician license requirements

 

479.940     Activities not subject to licensure under ORS 479.510 to 479.945; identification cards

 

479.943     Activities not subject to licensure under ORS 479.905 to 479.945

 

479.945     Restricted energy contractor’s license; rules; scope; employees

 

RAIL FIXED GUIDEWAY SYSTEMS

 

479.950     Minimum safety standards; rules; criteria

 

PENALTIES

 

479.990     Penalties

 

479.995     Civil penalty for violation of ORS 479.510 to 479.945

 

PROTECTION OF BUILDINGS FROM FIRE

 

      479.010 [Subsection (4) enacted as 1953 c.569 §1; 1963 c.120 §1; 1979 c.359 §1; 1979 c.764 §1a; 1987 c.158 §105; 1997 c.24 §2; 2005 c.22 §360; renumbered 479.168 in 2005]

 

      479.015 Smoking in public elevator prohibited; penalty. (1) It shall be unlawful for any person to smoke cigars, cigarettes or tobacco in any form or to ignite any substance in an elevator used by the public.

      (2) A “No Smoking” sign shall be posted and maintained in a conspicuous place on or within any elevator operated in accordance with subsection (1) of this section, pursuant to rules of the State Fire Marshal.

      (3) Any person who violates subsection (1) of this section shall incur a penalty of $10 for each such violation.

      (4) Any person who violates subsection (2) of this section commits a Class D violation. [1975 c.474 §2; 1999 c.1051 §189]

 

      479.018 Definition for ORS 479.020 and 479.060. As used in ORS 479.020 and 479.060, “story” means:

      (1) That portion of a building included between the upper surface of any floor and the upper surface of the floor next above;

      (2) For the topmost story, that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above; and

      (3) A basement, cellar or unused under-floor space, if the finished floor level directly above the basement, cellar or unused under-floor space is more than:

      (a) Six feet above the ground surrounding the building for more than 50 percent of the total perimeter; or

      (b) Twelve feet above the ground surrounding the building at any point. [2005 c.22 §363]

 

      479.020 Buildings requiring fire escapes; exceptions. (1) Subject to subsection (2) of this section, all buildings, except private residences, erected after May 28, 1925, or any building then erected, having three stories or more where the stories above the second story are actually used, shall be equipped with not less than one standard fire escape or one exterior stairway for each 10,000 square feet of lot or ground space, or fraction thereof, occupied by the building.

      (2) If the approval of the State Fire Marshal is secured with respect to a particular building, the requirements of subsection (1) of this section do not apply to such building if it:

      (a) Is constructed with two-hour fire-resistive structural elements of steel, iron, concrete or masonry; and

      (b) Has incombustible fire-resistive walls and permanent partitions; and

      (c) Is provided with not less than two enclosed smokeproof stairwells with firefighter’s access to each floor and to the roof, or is provided with other fire protection and escape which the State Fire Marshal finds adequate for the use of the building. [Amended by 1959 c.651 §2; 1965 c.602 §15]

 

      479.030 Hospital escape exits. Every building erected, maintained or occupied after May 28, 1925, for hospital purposes and not of fireproof construction or provided with adequate means of egress from the floors above the first floor, shall have sufficient means of exit other than interior stairway or elevator, whereby the inmates or other occupants of the building shall have adequate means of escape from the floors above the first floor. Such arrangement of exterior exit shall have the approval of the State Fire Marshal.

 

      479.040 Specifications for construction of fire escapes. Fire escapes installed after May 28, 1925, on the outside of buildings shall be constructed in accordance with the specifications prescribed in this section, any deviation from which shall only be made by permission of the State Fire Marshal. Each fire escape shall consist of balconies, stairs and firefighter’s ladder, as follows:

      (1) Each balcony shall not be less than 12 feet long and 3 feet 8 inches wide, and have a well hole of not more than 6 feet long nor more than 2 feet 3 inches wide. The outside of the floor shall be made of 2 inch by 2 inch by 1/4 inch angle iron and the corners bent on a radius of not less than 6 inches. Slats for the floor shall be 1-1/2 inch by 1/4 inch mild steel and spaced 1 inch between slats, and reinforced by 1/4 inch by 2 inch mild steel not over 3 feet apart, securely riveted to the slats. Railing for the balcony shall be not less than 30 inches high and be extended on each end and front of balcony, and shall have one top and one center rail 1/4 inch by 2 inch bent to conform to platform and securely bolted to the building, and connected to floor of balcony by not less than five upright irons, 1/4 inch by 1/2 inch, twisted to conform to each rail and angle iron, and securely riveted thereto. Screws or lagscrews shall not be used in the construction of fire escapes.

      (2) The stairs shall be made of 1/4 inch by 4 inch flat mild steel bars, and the steps shall be 20 inches long and not over 10 inch rise. Stairs shall have a railing made of 1 inch pipe and be 20 inches from stairs, and securely fastened by means of 1 inch pipe supports not over 7 feet apart.

      (3) The firefighter’s ladder shall consist of 5/16 inch by 2 inch mild steel bars for sides, and have 3/4 inch round mild steel rungs, spaced not over 14 inches apart, tenoned on each end and riveted to each side of ladder. Ladders shall extend from within 14 feet of the ground to not less than 5 feet above the roof of the building. Each balcony shall be securely bolted to building and supported by means of 1-1/2 inch square braces, four in number, securely anchored into the wall, as may be directed by the building inspector or fire chief. Fire escapes, when finished, shall be painted with at least one coat of red lead.

 

      479.050 Certain fire escapes to extend to ground or have approved counterbalanced stairways. The fire escape shall extend clear to the ground or have an approved counterbalanced stairway, when the State Fire Marshal deems such to be necessary, as in the case of schools, factories, hotels, hospitals, detention homes and buildings of public assembly.

 

      479.060 Location of fire escapes; accessibility; freedom from obstructions; buildings of three or more stories. (1) Fire escapes installed after May 28, 1925, shall be located on buildings so as to be as remote from stairways as possible.

      (2) In all buildings erected after May 28, 1925, which are occupied at night for sleeping purposes and which require fire escapes, the public corridors shall extend to all fire escapes.

      (3) In all buildings existing on May 28, 1925, and in all buildings erected after that date, except those covered by the regulations of subsection (2) of this section, not more than one room shall intervene between a corridor and any fire escape. When a room intervenes between a corridor and the fire escape, the corridor door shall have a glass panel extending from the top rail to the doorknob and the glass shall be of a kind that is easily broken. Any lock on the corridor door shall be of the night latch type which can be opened from the inside without a key. Close to the door, on the corridor side, shall be kept at all times an adequate instrument for breaking the glass, with explanatory label, subject to approval of the State Fire Marshal.

      (4) All fire escapes, ladders, stairs, hallways and platforms shall be kept free from encumbrances or obstructions at all times.

      (5) In all buildings consisting of three or more stories, except private residences, and which are occupied for sleeping purposes, all unprotected openings such as open stairways, open elevator shafts, dumbwaiters, chutes, light wells or any other unprotected opening shall be effectively enclosed in a manner subject to approval of the State Fire Marshal to prevent the dangerous spread of fire, smoke, gas or heat to corridors leading to fire escapes.

 

      479.070 [Repealed by 1965 c.602 §30]

 

      479.080 Red or green lights to show location of fire escapes; fire warning system. (1) An electric red or green exit light of a type approved by the State Fire Marshal shall be placed in full view of hallways showing location of fire escapes. Each light must be kept burning from sundown to sunrise when such building is occupied. The light must not at any time be permitted to be out of order and when out of order must be immediately repaired.

      (2) All hotels, factories, workshops, schools and any other building shall be equipped with a fire warning system in accordance with rules and regulations of the State Fire Marshal. [Amended by 1955 c.453 §1; 1965 c.602 §17]

 

      479.090 Stationary ladders; standpipe specifications; hospital requirements. (1) All buildings requiring fire escapes shall have stationary iron ladders to scuttle holes. A standpipe shall be erected with all fire escapes, with hose attachments at each story, with Siamese connection not less than 18 inches nor more than four feet above sidewalk grade, on all buildings more than three stories in height as follows:

______________________________________________________________________________

 

STANDPIPE TABLE

 

                                                                                                                                    6- or

                                                                                    4-story             5-story             7-story

Size of standpipe...........................................               4-inch              4-inch              5-inch

Size of valves.................................................           2-½-inch          2-½-inch          2-½-inch

Siamese inlet..................................................               2-way              3-way              4-way

  Size of inlet..................................................           2-½-inch          2-½-inch          2-½-inch

Roof outlet.....................................................               2-way              2-way              3-way

  Size of outlet................................................           2-½-inch          2-½-inch          2-½-inch

______________________________________________________________________________

 

      (2) Whenever a water supply is available of sufficient pressure, interior standpipes of not less than 1-1/2 inches in size shall be installed in such building described in ORS 479.030, with valve and hose attached to standpipe on each floor, the hose to be of sufficient length to reach any part of the floor. One 2-1/2 gallon fire extinguisher shall be installed and maintained on each floor. The extinguisher shall be kept in good working order at all times. [Amended by 1965 c.602 §17a]

 

      479.100 Public garage regulation; rules. (1) In all public garages:

      (a) All wiring shall be installed in accordance with minimum safety standards as defined in ORS 479.530.

      (b) There shall be at all times maintained fire extinguishing equipment in accordance with State Fire Marshal rules.

      (c) No gasoline or other volatile flammable liquid or gas shall be put into or taken out of any automobile in the presence of an open flame or while an engine is running.

      (d) No lights of any kind other than electricity shall be used for illuminating purposes when electricity is available.

      (e) All electric equipment and any flame or spark-producing devices not actually a part of an automobile shall be installed, located and used in accordance with rules of the State Fire Marshal, unless of an approved explosion-proof type that meets or exceeds such rules.

      (f) All repair shops shall be kept clean and the floor free from oily waste or rags. All such rags and waste and combustible rubbish shall be kept in metal cans or receptacles covered with tight-fitting covers.

      (2) As used in this section, “public garage” means any garage to which the public is invited where there are housed for rent, care, repair, demonstration, storage or sale, four or more motor vehicles or self-propelled vehicles that use gasoline or other volatile flammable liquid or gas for fuel or power. [Amended by 1959 c.651 §1; 1965 c.602 §18; 1983 c.740 §191; 1997 c.24 §1]

 

      479.110 [Amended by 1963 c.317 §1; repealed by 1965 c.602 §30]

 

      479.120 [Repealed by 1963 c.120 §2 (479.121 enacted in lieu of 479.120)]

 

      479.121 [1963 c.120 §3 (enacted in lieu of 479.120); 1969 c.314 §52; repealed by 1979 c.764 §2]

 

      479.130 Tents or canvas-covered structures for public assembly to be flame resistant. No person shall erect, maintain or use within Oregon any tent or canvas-covered structure with the intent that such a tent or structure be used for a place of public assembly unless the tent and canvas-covered parts of the structure and all combustible decorative materials have been rendered flame resistant.

 

      479.140 School fire prevention. (1) The State Fire Marshal and deputies and assistants shall require teachers of public and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours.

      (2) All painting or finish applied to interior combustible surfaces, except floors and trim, of public and private school buildings and educational institutions shall be of a fire-retardant material meeting flame spread regulations for interior finish established by the State Fire Marshal pursuant to ORS 476.030. [Amended by 1965 c.602 §19; 2003 c.14 §319]

 

      479.150 Outward-swinging doors required in public buildings; rules. (1) The outside doors, doors serving as exits from hazardous areas and all doors located in the path of exit leading thereto, in every theater, church, school building, public hall, and every other building used for public purposes where people congregate, shall be so swung and hinged that they will open outward as determined in accordance with rules adopted by the State Fire Marshal pursuant to ORS 476.030. Revolving, sliding and overhead doors shall not constitute any part of the door width required for exit facilities as determined in accordance with rules adopted by the State Fire Marshal pursuant to ORS 476.030.

      (2) No owner, lessee, tenant or person having control of any building enumerated in subsection (1) of this section shall fail to provide doors opening outward as required therein. [Amended by 1979 c.660 §1]

 

      479.155 Plan of proposed construction or alteration; declaration of value; approval of plan; effect of approval; rules. (1) As used in this section, “director” means the Director of the Department of Consumer and Business Services.

      (2) Prior to construction or alteration of a hospital, public building as defined in ORS 479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal.

      (3) A declaration of the value of the proposed construction or alteration and the appropriate fee required under ORS 455.210 must accompany the plan or sketch. However, the determination of value or valuation shall be made by the director.

      (4) The director shall be furnished with not fewer than two accurate copies of the plan or sketch and details for the purpose of ascertaining compliance with applicable fire prevention and protection statutes and regulations. The plan examiner shall indicate on the plan or sketch and in writing approval or disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by the director and one copy shall be returned to the applicant. No building or structure referred to in subsection (2) of this section shall be erected or constructed without approval by the director if the building or structure requires approval by the State Fire Marshal. After such approval or issuance of the required permit, construction or alteration must comply with the plan or sketch in all respects unless modified by subsequent permit or order of the director.

      (5) The approval of a plan or sketch may not be construed to be a permit for, or an approval of, any violation of any statute or regulation or the applicable ordinances and regulations of any governmental subdivision of the state. The approval of a plan or sketch may not be construed as an approval for noncompliance with fire marshal regulations. Any condition upon approval or disapproval is an order subject to appeal as other orders are appealable.

      (6) Notwithstanding the requirements of subsections (2) and (4) of this section, the State Fire Marshal may, by rule, require an additional copy of a plan or sketch for local government use and may specify that plans or sketches submitted for review be drawn clearly and to scale. [1965 c.602 §14; 1967 c.417 §20; 1973 c.834 §33; 1977 c.821 §4; 1987 c.414 §158; 1993 c.744 §116; 1999 c.1082 §13; 2005 c.22 §364]

 

      479.160 Existing nonconforming buildings; permit for use and occupancy. The owner, lessee or agent of any building established, occupied and defined, as of May 28, 1925, as coming within the provisions of ORS 479.020 to 479.100, which does not conform to the requirements of these provisions, but which, after an inspection by the State Fire Marshal, is found to be reasonably safe, or which can be made reasonably safe, shall be granted a permit by the State Fire Marshal for the continued use and occupancy of the building after the changes, if any, have been made.

 

      479.165 Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code.

      (2) Fire officials who review plans, new construction, alterations and specifications from a uniform fire code shall be certified under subsection (1) of this section.

      (3) Nothing in this section shall be construed to expand the duties of the State Fire Marshal with respect to regulating additional types of structures. [1993 c.463 §3]

 

      479.168 Definitions for ORS 479.168 to 479.190 and 479.990. As used in ORS 479.168 to 479.190 and 479.990 (4):

      (1) “Alter” in its various modes and tenses and its participial forms refers to an alteration.

      (2) “Alterations,” as applied to a building or structure, means any change, addition or modification in construction or occupancy.

      (3) “Construction” means the making, building, alteration, erection, reconstruction, rebuilding or production of a building or addition or extension thereto, or enlargement thereof, in any manner not included in the term “repair.”

      (4) “Family” means an individual or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit.

      (5) “Hospital” means a building of any sort in which sick or injured persons are received or kept for medical, surgical or nursing purposes.

      (6) “Occupancy” means the purpose for which a building or structure is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.

      (7) “Owner” includes a duly authorized agent or attorney, a purchaser, a devisee, a fiduciary and a person having a vested or contingent interest in the property in question.

      (8) “Private residence” means that part of a single, double or multiple dwelling house or building occupied as living or sleeping quarters by one or more family units, exclusive of any portion of such house or building devoted to commercial, processing or manufacturing use.

      (9) “Public building” means a building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, state buildings, courthouses, schools, colleges, libraries, museums, exhibit buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation piers, grandstands and bleachers in exhibition parks or fields, and jails.

      (10) “Repair” means restoration of an existing thing to its former state, to refit, to mend, to make good. “Repair” does not include construction, reconstruction, alteration or rebuilding of a building or any part thereof. [Formerly 479.010]

 

      479.170 Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied.

      (2) If the officer finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable condition of any kind, dangerous to the safety of the buildings or premises or human life, the officer shall order such materials removed or remedied.

      (3) The order shall be made against and served personally or by registered letter upon the owner, lessee or occupant of the building or premises. Thereupon it shall be complied with by the owner, lessee, agent or occupant within the time fixed in the order. Upon failure to comply, the State Fire Marshal may close the building or premises for use or occupancy until compliance has been made.

 

      479.180 Appeal from order to comply with fire prevention statutes. (1) If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS 476.030, 479.020 to 479.130, 479.170, 479.210 to 479.220, 480.122 to 480.160, 480.330, 480.340, 480.420 to 480.434 or 480.450 and desires a hearing, the person may complain or appeal in writing to the State Fire Marshal within 10 days from the service of the order. The complaint or appeal shall set forth the specific grounds of the complaint or appeal and no other ground shall be considered thereafter. The complaint or appeal shall be accompanied by a fee of $40 payable to the State Fire Marshal, and the State Fire Marshal may refer the complaint or appeal to the regional appeal advisory board established for that region by notifying the chairperson of that board and sending a copy of the notice to the complainant or appellant. The board shall fix a time for hearing and notify the complainant or appellant of the time and place thereof, which shall be within 10 days after such referral by the State Fire Marshal. If the State Fire Marshal does not refer the matter to a regional appeal advisory board, the State Fire Marshal shall fix a time and place, not less than five and not more than 10 days thereafter, when and where the complaint or appeal will be heard by the State Fire Marshal. Within 10 days after receiving a recommendation from the regional appeal advisory board, or if no referral was made to such board, within 10 days after the hearing before the State Fire Marshal, the State Fire Marshal may affirm, modify, revoke or vacate the order complained of or appealed from. Unless the order is modified, revoked or vacated by the State Fire Marshal, it shall remain in force and be complied with by the owner, lessee, agent or occupant, and within the time fixed in the order or fixed by the State Fire Marshal. If the State Fire Marshal vacates or revokes the order complained of or appealed from, or modified it in any particular other than extending time for compliance, the fee paid with the complaint or appeal shall be refunded. Otherwise, it shall be credited to appropriate state funds, and the State Fire Marshal shall so notify the State Treasurer.

      (2) If the complainant or appellant under subsection (1) of this section is aggrieved by the final order of the State Fire Marshal, and if such order necessitates the expenditure of money or involves statutory interpretation, the complainant or appellant may, within 10 days thereafter, appeal to the circuit court of the county in which the property is situated, notifying the State Fire Marshal of the appeal within 10 days thereafter, which notice shall be in writing and delivered personally or by registered letter to the marshal, or left at the principal office of the State Fire Marshal at the state capital. The party so appealing shall, within two days after filing the appeal, file with the circuit court in which appeal is made a bond in an amount to be fixed by the court or judge, but in no case less than $100, with two sufficient sureties possessing the qualification of bail on arrest, the bond to be approved by the court and conditioned to pay all the costs on the appeal in case the appellant fails to sustain it or it is dismissed for any cause. In the case of an appeal involving an order under ORS 479.170, the circuit court shall hear and determine the appeal within 10 days after the date of filing the same.

      (3) The State Fire Marshal shall make or have made a certified summary of the proceedings at the hearing before the regional appeal advisory board or before the State Fire Marshal, and together with all the evidentiary matter filed in the office of the State Fire Marshal or presented to the regional appeal advisory board, transmit them to the circuit court at least three days prior to the date fixed by the court for hearing when it shall be tried de novo. [Amended by 1965 c.602 §20; 1973 c.832 §9]

 

      479.190 Liability in damages for failure to comply with order under ORS 479.170. Anyone whose person or property is injured by reason of the failure of the owner or occupant to comply with any order under ORS 479.170 not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, or by any fire originating in the building or premises while the order is in effect and not complied with, may recover from the owner or occupant the actual damage suffered.

 

      479.195 Posting of notice of maximum allowable number of persons; closure of buildings; judicial review. (1) All dance halls, clubs, amusement halls, auditoriums and every place of public assembly not having fixed seats and having a capacity of more than 100 persons shall post and keep posted a notice of the maximum number of persons allowed at any one time as established by regulations of the State Fire Marshal or by the approved authority when such public assemblies are located within the jurisdiction of a governmental subdivision granted the exemption provided by ORS 476.030 (3). All such capacity notices shall be on a form approved or provided by the State Fire Marshal and shall be securely fixed and posted in a conspicuous place so as to be readily visible to the occupants of such place of assembly.

      (2) If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided by ORS 476.030 (3), upon examination or inspection finds a building or other structure described in subsection (1) of this section, to be occupied by a number of persons in excess of the maximum number of persons allowed at any one time as set forth in the capacity notice, the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided in ORS 476.030 (3), may close the building or other structure for use or occupancy until compliance has been made.

      (3) The owner of any building or other structure closed under subsection (2) of this section shall have immediate access to the circuit court for the county in which the building or other structure is located for review of the order of exclusion or removal. Such access may be in the form of any appropriate judicial proceeding and shall be given priority over all other cases on the docket of the circuit court.

      (4) The closure provided for in subsection (2) of this section shall not exclude any other remedies available to the State Fire Marshal, deputies, or approved authority, as provided by ORS 476.030 (3). [1967 c.417 §18; 1971 c.689 §1; 1979 c.772 §25; 1993 c.185 §31; 2003 c.14 §320]

 

      479.200 Water supply requirement for certain public buildings. (1) Any public building, as defined in ORS 479.168, erected after July 1, 1967, that exceeds 5,000 square feet in usable or occupied floor area or is more than two stories in height and exceeds 2,000 square feet in usable or occupied ground floor area must have a readily available water supply within 500 feet of such building of sufficient capacity to allow fire-fighting apparatus to pump 500 gallons per minute for a period of 10 minutes for each 5,000 square feet of occupied or usable floor area or fraction thereof, up to 500 gallons per minute for 30 minutes.

      (2) Required water supplies may be provided by underground cisterns or surface ponds, lakes or streams when approved and readily accessible standpipes of not less than four inches inside diameter with not less than two two-and-one-half-inch outlets or equivalent are provided. [1967 c.417 §19; 2005 c.22 §365]

 

INSPECTION OF INSTITUTIONS

 

      479.210 “Institution” defined for ORS 479.215 to 479.220. As used in ORS 479.215 to 479.220, unless the context requires otherwise, “institution” means:

      (1) A child-caring facility that provides residential care and that receives state aid under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315, 418.625 to 418.685 and 418.647;

      (2) An inpatient care facility required to be licensed under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463; or

      (3) A residential facility subject to licensure under ORS 443.400 to 443.455. [1961 c.316 §1; 1963 c.202 §1; 1969 c.641 §18; 1973 c.832 §10; 1977 c.717 §18; 2007 c.71 §155]

 

      479.215 Institution not to be licensed or certificated unless in compliance with fire safety requirements; inspection; list of licensed or approved institutions. (1) Except as provided in subsection (3) of this section or in ORS 479.217, the Department of Human Services shall not issue an initial license or an initial certificate of approval to any institution when the State Fire Marshal, or an approved representative as provided in subsection (3) of this section, notifies in writing that the institution is not in substantial compliance with all applicable laws and rules relating to safety from fire established pursuant to ORS 476.030.

      (2) On January 1st of each year or as soon thereafter as practicable the department shall furnish the State Fire Marshal with a complete list of all institutions licensed or approved by it within the State of Oregon.

      (3) The State Fire Marshal, deputy or the approved authority shall make or have made at least once each year an inspection of any such licensed or approved institution to determine its substantial compliance with the laws and rules as provided in subsection (1) of this section. If any required corrective measures are not completed within the reasonable time fixed or an extension thereof made by order of the inspecting authority, the department shall be notified of the fact of noncompliance and appropriate action shall be initiated in accordance with provisions of ORS 476.030 and 479.170. Except as provided in ORS 479.217, if, at any time, the State Fire Marshal, or deputy, or the approved authority notifies the department in writing that an institution is not in substantial compliance with all applicable laws and rules as provided in subsection (1) of this section, the department shall deny, withhold, suspend or revoke the license or certificate of approval of the institution.

      (4) When an area has been exempted by the State Fire Marshal under ORS 476.030, certification, annual inspection and notification of noncompliance when appropriate, shall be made and performed by the approved authority of the governmental subdivision having jurisdiction in such area. [1961 c.316 §2; 1963 c.202 §2; 1965 c.602 §21; 1973 c.832 §11]

 

      479.217 Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal. (1) In lieu of an inspection approval by the State Fire Marshal or the approved authority of a governmental subdivision having jurisdiction in an area exempted by the State Fire Marshal, under ORS 479.215 for institutions licensed under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.315, 418.625 to 418.685, 418.647, 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990 and 442.400 to 442.463 or licensed by the Department of Human Services in accordance with ORS 443.400 to 443.455, the State Fire Marshal or the approved authority may issue a temporary permit which meets the requirements of ORS 479.215 for licensing of such institutions. The temporary permit may be issued only when it appears that:

      (a) The facilities for protection from fire in an institution are adequate so that the institution can operate without jeopardizing the health or safety of its residents or patients; and

      (b) The institution can comply with all applicable laws and rules relating to safety from fire within a period of two years from the date of issuance of the temporary permit.

      (2) In issuing the temporary permit, the State Fire Marshal or approved authority of the governmental subdivision having jurisdiction in an exempt area may require that during the two-year period in which the temporary permit is in effect:

      (a) Plans for compliance with all applicable laws and rules relating to safety from fire be submitted with the application for a temporary permit;

      (b) Periodic reports be submitted on the progress of the plans for compliance; and

      (c) Special temporary provisions specified by the State Fire Marshal or the approved authority be maintained for the protection from fire of the residents or patients of the institution.

      (3) If at any time, the State Fire Marshal or the approved authority determines that the facilities for protection from fire at the institution are no longer adequate to protect the residents or patients or that the requirements imposed under subsection (2) of this section are not being maintained, the State Fire Marshal or the approved authority shall cancel the temporary permit and shall notify the Department of Human Services of such cancellation.

      (4) Extensions and renewals may be granted on the temporary permit. [1963 c.202 §5; 1965 c.602 §22; 1973 c.832 §12; 1977 c.717 §21]

 

      479.220 Institution inspection by State Fire Marshal; notification to Department of Human Services of noncompliance. When application is made for the initial issuance or reinstatement of a license or certificate of approval to operate and maintain an institution, or for an enlargement or addition to a licensed or approved institution, the Department of Human Services shall notify in writing the State Fire Marshal, and the State Fire Marshal or deputy, or the approved authority in the case of an institution located in an area exempted under ORS 476.030, shall within 30 days inspect the institution as authorized by ORS 476.150 and within that time shall notify the department in writing when the institution is not substantially in compliance with all applicable laws and rules. [1961 c.316 §3; 1963 c.202 §3; 1965 c.602 §23; 1967 c.89 §9; 1973 c.832 §13]

 

SMOKE DETECTION

 

      479.250 Definitions for ORS 479.250 to 479.300. As used in ORS 479.250 to 479.300, unless the context requires otherwise:

      (1) “Door knock alerting device” or “door knock device” means an approved electronic unit that alerts an occupant who is hard of hearing of a knock on the door of the sleeping room that the person who is hard of hearing is occupying.

      (2) “Dwelling unit” means a structure or part of a structure providing complete, independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking and sanitation.

      (3) “Hotel” means any building containing six or more guest rooms that are rented, hired out or made available on a regular basis for sleeping purposes but are not used as a primar