ORS 479.180
Appeal from order to comply with fire prevention statutes

  • fee

(1)

If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS 476.030 (Powers and duties of marshal and deputies generally), 479.170 (Ordering repair of, or removal of material from, buildings), 479.210 (“Institution” defined for ORS 479.215 to 479.220) to 479.220 (Institution inspection by State Fire Marshal), 480.123 (Use for repelling birds or other animals) to 480.160 (Local regulation and effect of state law), 480.330 (Operation of gasoline dispensing device by public prohibited), 480.340 (Coin-operated or self-service gasoline pumps prohibited), 480.420 (Liquefied petroleum gas rules and regulations) to 480.434 (Examination of applicants for licenses) or 480.450 (Notice of new installations) 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 Department 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 (Ordering repair of, or removal of material from, buildings), 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 with the department 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; 2011 c.97 §3; 2021 c.539 §139]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021.
Note: The amendments to 479.180 (Appeal from order to comply with fire prevention statutes) by section 139, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
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 (Powers and duties of marshal and deputies generally), 479.170 (Ordering repair of, or removal of material from, buildings), 479.210 (“Institution” defined for ORS 479.215 to 479.220) to 479.220 (Institution inspection by State Fire Marshal), 480.123 (Use for repelling birds or other animals) to 480.160 (Local regulation and effect of state law), 480.330 (Operation of gasoline dispensing device by public prohibited), 480.340 (Coin-operated or self-service gasoline pumps prohibited), 480.420 (Liquefied petroleum gas rules and regulations) to 480.434 (Examination of applicants for licenses) or 480.450 (Notice of new installations) 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 (Ordering repair of, or removal of material from, buildings), 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.

Source: Section 479.180 — Appeal from order to comply with fire prevention statutes; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors479.­html.

479.015
Smoking in public elevator prohibited
479.155
Plan of proposed construction or alteration
479.165
Certification of fire officials
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
Assembly occupancy limits
479.200
Fire protection water supply for public buildings
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
479.217
Temporary permit in lieu of inspection approval under ORS 479.215
479.220
Institution inspection by State Fire Marshal
479.250
Definitions for ORS 479.250 to 479.305
479.255
Smoke alarm or smoke detector required in certain structures
479.257
Design features required for certain smoke alarms
479.258
Provision of notice of smoke alarm or smoke detector requirements for persons who are hard of hearing
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
479.270
Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector
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
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
Ionization smoke alarms
479.300
Removing or tampering with smoke alarm or smoke detector prohibited
479.305
Smoking policy disclosure
479.510
Short title
479.520
Purpose
479.525
Application of Electrical Safety Law
479.530
Definitions for ORS 479.510 to 479.945 and 479.995
479.540
Exemptions
479.545
License required of state employee
479.550
No work on new electrical installation until permit issued
479.560
Issuance of permit
479.565
Master individual inspection permits
479.570
Energizing of electrical installations
479.610
Installation of uncertified electrical product prohibited
479.620
Certain electrical license required
479.630
Requirements for obtaining licenses
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
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
479.760
Certification of electrical products
479.770
Approved electric ignition pilot required on certain appliances
479.810
Administration and enforcement
479.815
Inspector conflicts of interest
479.820
Duties and powers in enforcing law
479.835
Recovery of purchase price of product not meeting applicable laws
479.840
Fees
479.845
Limitation on use of local government fees
479.850
Disposition of receipts
479.853
Appeal procedure
479.854
Authority of municipality to require license
479.855
City and county inspection and enforcement programs
479.860
Persons authorized to design, plan and lay out electrical installations
479.870
Electrical and Elevator Board to prescribe uniform fee calculation and permit format
479.905
Definitions for ORS 479.870 and 479.905 to 479.945
479.910
Limited energy technician license
479.915
Limited energy technician license requirements
479.940
Activities not subject to licensure under ORS 479.510 to 479.945
479.943
Activities not subject to licensure under ORS 479.905 to 479.945
479.945
Restricted energy contractor’s license
479.950
Minimum safety standards
479.990
Penalties
479.995
Civil penalty for violation of ORS 479.510 to 479.945
Green check means up to date. Up to date