2015 ORS 479.215¹
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 (Temporary permit in lieu of inspection approval under ORS 479.215), the Department of Human Services or the Oregon Health Authority may 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 (Powers and duties of marshal and deputies generally).

(2) On January 1st of each year or as soon thereafter as practicable, the department and the authority shall furnish the State Fire Marshal with a complete list of all institutions licensed or approved by the department or the authority 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 or the Oregon Health Authority shall be notified of the fact of noncompliance and appropriate action shall be initiated in accordance with provisions of ORS 476.030 (Powers and duties of marshal and deputies generally) and 479.170 (Ordering repair of, or removal of material from, buildings). Except as provided in ORS 479.217 (Temporary permit in lieu of inspection approval under ORS 479.215), if, at any time, the State Fire Marshal, or deputy, or the approved authority notifies the department or the Oregon Health Authority 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 licensing agency 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 (Powers and duties of marshal and deputies generally), 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; 2009 c.595 §978]

Atty. Gen. Opinions

Authority of State Fire Marshal to adopt regula­tions, (1974) Vol 36, p 1102


1 Legislative Counsel Committee, CHAPTER 479—Protection of Buildings From Fire; Electrical Safety Law, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors479.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 479, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano479.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.