ORS 479.155¹
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 (Definitions for ORS 479.168 to 479.190 and 479.990), public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210 (“Institution” defined for ORS 479.215 to 479.220), 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 (Powers and duties of marshal and deputies generally). 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 (Fees) 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]

Atty. Gen. Opinions

Authority to require altera­tion of state building to comply with regula­tions for sprinklers, (1971) Vol 35, p 894; authority of State Fire Marshal to adopt regula­tions, (1974) Vol 36, p 1102; flammable liquid storage tank as “structure” under this sec­tion, (1987) Vol 45, p 179; respective responsibilities of state and municipal building officials and State Fire Marshal, (1987) Vol 45, p 179

1 Legislative Counsel Committee, CHAPTER 479—Protection of Buildings From Fire; Electrical Safety Law, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors479.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 479, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano479.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information