2017 ORS 479.217¹
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 (Institution not to be licensed or certificated unless in compliance with fire safety requirements) for institutions licensed under ORS 412.001 (Definitions) to 412.161 (Policy on two-parent families), 418.005 (Powers of department in connection with child welfare services) to 418.025 (Prevention, reduction or control of juvenile delinquency by county programs and activities), 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools), 418.470 (Authority to pay for shelter-care homes), 418.475 (Independent residence facilities), 418.625 (Definitions for ORS 418.625 to 418.645) to 418.685 (Certain agencies declared to be orphans’ homes), 418.647 (Foster care payments), 418.950 (Definitions for ORS 418.950 to 418.970) to 418.970 (ORS 418.950 to 418.970 inapplicable to existing facilities), 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility), 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595), 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited), 441.820 (Procedure for termination of physician’s privilege to practice medicine at health care facility), 441.990 (Civil and criminal penalties), 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) or 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties), the State Fire Marshal or the approved authority may issue a temporary permit which meets the requirements of ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements) 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 licensing agency 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; 2009 c.595 §979; 2016 c.106 §52]

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 479, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano479.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.