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Oregon Revised Statutes

Or. Rev. Stat. § 476.030 (2026)

Powers and duties of marshal and deputies generally; rules; exemption of certain governmental subdivisions

✓ current as of May 2026
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      476.030 Powers and duties of marshal and deputies generally; rules; exemption of certain governmental subdivisions. (1) The State Fire Marshal shall enforce all statutes, and make rules relating to:

      (a) The prevention of fires.

      (b) The storage and use of combustibles and explosives.

      (c) The maintenance and regulation of structural fire safety features in occupied structures and overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose except that structural changes shall not be required in buildings built, occupied and maintained in conformity with state building code regulations applicable at the time of construction.

      (d) Standards for equipment used for fire protection purposes within this state including standard thread for fire hose couplings and hydrant fittings.

      (e) The administration of laws that the Department of the State Fire Marshal is charged with administering.

      (2) The State Fire Marshal and deputies shall have such powers and perform such other duties as are prescribed by law.

      (3) If, in the opinion of the State Fire Marshal, a governmental subdivision of the state has enacted adequate regulations generally conforming to state and national standards concerning fire prevention, fire safety measures and building construction requirements for safety, and if the governmental subdivision provides reasonable enforcement of its regulations, the State Fire Marshal may exempt the area subject to such regulation either partially or fully from the statutes, rules and regulations administered by the State Fire Marshal. Prior to adoption of any such exemption, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the exemption. The exemption may extend for a two-year period, and may be renewed from time to time, but may be canceled by the State Fire Marshal following 30 days’ written notice if the State Fire Marshal finds that the governmental subdivision’s regulations or enforcement thereof are not reasonably sufficient. The governmental subdivision shall furnish a copy of such regulations to the State Fire Marshal and shall file with the State Fire Marshal any amendment thereto within 30 days before the effective date of such amendment. The State Fire Marshal shall designate a person or division within such governmental subdivision as an approved authority for exercising functions relating to fire prevention, fire safety measures and building construction. Upon request of a local official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, the State Fire Marshal shall make investigation and appropriate recommendations.

      (4) The State Fire Marshal, or a designated representative of the State Fire Marshal, may investigate or cause an investigation to be made to determine the probable cause, origin and circumstances of any fire and shall classify such findings as the State Fire Marshal, or a designated representative of the State Fire Marshal, may find appropriate to promote fire protection and prevention. [Amended by 1957 c.265 §1; 1963 c.523 §5; 1965 c.602 §1; part renumbered as part of 476.010; 1967 c.417 §1; 1973 c.667 §16; 1977 c.821 §3; 1985 c.118 §2; 1985 c.726 §18; 1989 c.696 §1; 1993 c.185 §25; 1997 c.13 §1; 1997 c.853 §40; 2001 c.900 §206; 2009 c.595 §976; 2017 c.441 §29; 2021 c.539 §122; 2025 c.177 §3]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1974–2021 · leading case: City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021).
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City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021). · cites it 5× “Therefore, as long as the ordinance applied only to existing buildings not undergoing construction—and, assuming for summary determination purposes, that the sprinkler systems would not require any “structural changes” in violation of ORS 476.030(1)—they would not be…”
Alto v. State Ex Rel. State Fire Marshal, 855 P.2d 649 (Or. Ct. App. 1993). · cites it 2× “" ORS 476.030(1)(a) and (b) provides: "The State Fire Marshal shall enforce all statutes, and make rules relating to: "(a) The prevention of fires.”
State v. Felger, 526 P.2d 611 (Or. Ct. App. 1974). “070(1) provides: "The State Fire Marshal, his deputies or assistants, or any of them, may: "At all reasonable hours, in performance of the duties imposed by the provisions of ORS 476.030, enter upon and examine any building or premises wherein fire has occurred, and other…”
Landsing Prop. Corp. v. City of Portland Fire Code Bd., 764 P.2d 616 (Or. Ct. App. 1988). “Pursuant to ORS 476.030(4), the City of Portland is exempt from the statutes, rules and regulations administered by the State Fire Marshal.”
— Or. Rev. Stat. § 476.030(1) — 1 case
City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021). “Therefore, as long as the ordinance applied only to existing buildings not undergoing construction—and, assuming for summary determination purposes, that the sprinkler systems would not require any “structural changes” in violation of ORS 476.030(1)—they would not be…”
— Or. Rev. Stat. § 476.030(1)(a) — 1 case
Alto v. State Ex Rel. State Fire Marshal, 855 P.2d 649 (Or. Ct. App. 1993). “" ORS 476.030(1)(a) and (b) provides: "The State Fire Marshal shall enforce all statutes, and make rules relating to: "(a) The prevention of fires.”
— Or. Rev. Stat. § 476.030(1)(c) — 1 case
City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021). “Therefore, as long as the ordinance applied only to existing buildings not undergoing construction—and, assuming for summary determination purposes, that the sprinkler systems would not require any “structural changes” in violation of ORS 476.030(1)—they would not be…”
— Or. Rev. Stat. § 476.030(3) — 1 case
City of Portland v. Bldg. Codes Div., 496 P.3d 1108 (Or. Ct. App. 2021). “Therefore, as long as the ordinance applied only to existing buildings not undergoing construction—and, assuming for summary determination purposes, that the sprinkler systems would not require any “structural changes” in violation of ORS 476.030(1)—they would not be…”
— Or. Rev. Stat. § 476.030(4) — 1 case
Landsing Prop. Corp. v. City of Portland Fire Code Bd., 764 P.2d 616 (Or. Ct. App. 1988). “Pursuant to ORS 476.030(4), the City of Portland is exempt from the statutes, rules and regulations administered by the State Fire Marshal.”
— Or. Rev. Stat. § 476.030(l)(a) — 1 case
Alto v. State Ex Rel. State Fire Marshal, 855 P.2d 649 (Or. Ct. App. 1993). “" ORS 476.030(1)(a) and (b) provides: "The State Fire Marshal shall enforce all statutes, and make rules relating to: "(a) The prevention of fires.”
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