1. (1) Certified ONB programs receiving a fire safety inspection or consultation as referenced in OAR 414-320-0130, Application Process, must follow the requirements and recommendations of the fire code official.
   (2) Certified ONB programs utilizing indoor space for any purpose, to include emergency shelter, must comply with the requirements of the Oregon Structural Specialty Code.
   (3) To ensure a safe environment for children in care, a certified ONB program must comply with all applicable fire safety requirements. A certified ONB program must also comply with the following:
   (a) Combustible materials, which include, but are not limited to, gasoline, natural gas, diesel, fuel, propane, rags soaked in combustible materials, oils, chemicals, or solvents, must be properly discarded pursuant to requirements of the local jurisdiction and the currently adopted Oregon Fire Code, removed from the premises, or properly stored in closed containers specifically designed to hold such combustible materials and not be accessible to children in care. Gasoline and diesel fuels may be stored in plastic containers designed for that purpose.
   (b) Furnaces and other heating devices:
   (A) Paper, rubbish, or other combustible materials must be at least three feet from furnaces, fireplaces, campfires, or other heating devices, unless manufacturer specifications require a greater distance.
   (B) An appliance or heating device that has a surface capable of burning a child or reaching 110 degrees Fahrenheit must be inaccessible to children in care unless a certified ONB program activity involves such appliances or devices and children are supervised at all times during the activity.
   (c) Open flame devices, candles, matches, and lighters:
   (A) A certified ONB program must not use open flame devices, other than gas kitchen ranges, camp stove used in compliance with OAR 414-320-1100, Kitchen and Food Service Areas, campfires used in compliance with OAR 414-320-1330, Campfire Activity Supervision and Safety, or the brief supervised use of candles.
   (B) Matches, lighters, and other fire starters may only be used by certified ONB program staff and must be kept inaccessible to children.
   (d) Portable heaters or fuel-powered generators must not be used on certified ONB program premises during operating hours, unless portable heaters are necessary to keep children warm in cold weather.  If the heating device reaches over 110 degrees Fahrenheit, children must be supervised, and children must remain out of reach of the heater to avoid accidental burns.
   (e) Chimneys, fireplaces, gas burning fireplaces, wood stoves or similar wood-burning devices and portable outdoor fireplaces must be inspected annually by a state or locally certified inspector, unless the certified ONB program submits to DELC a written statement that the chimney, fireplace, wood stove or similar wood-burning device or portable outdoor fireplace will not be used at any time. ONB programs operating on public land do not have to provide inspection certificates for publicly provided fire pits or wood burning barbeques.
   (4) Certified ONB programs must have and maintain at least one working fire extinguisher with a minimum rating of 2A:10 BC in each outdoor classroom.
   (a) If additional fire extinguishers are required by the currently adopted Oregon Fire Code, a certified ONB program must have the size, type, and number of fire extinguishers maintained and tested on an annual basis.
   (b) Certified ONB programs operating with any approved indoor space or engaging in campfire or outdoor cooking activities must have and maintain working fire extinguishers that are marked with a minimum rating of 2A:10 BC.
   (c) Fire extinguishers must be readily available for use in case of an emergency; and
   (d) For certified ONB programs operating in a public park location that do not allow the use of fire extinguishers, alternative fire suppression equipment, such as buckets of water must be available.
   (5) A certified ONB program must have smoke detectors that are installed, maintained, and tested as required by the fire code official in any approved indoor space.
   (6) A carbon monoxide alarm or detector must be installed and tested in accordance with the manufacturer's recommended instructions and located in accordance with the applicable building and/or fire code in any approved indoor space.

Statutory/Other Authority

ORS 329A.260

Statutes/Other Implemented

ORS 329A.280

History

DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025