When the Director has determined that an object or structure is a hazard to air navigation, he shall also determine whether such hazard shall be marked and lighted and shall specify the appropriate marking and lighting in accordance with the standards included in this rule. After this determination has been made, the Director shall issue an order specifying who shall be responsible for the installation and maintenance of the marking and lighting of the object or structure and specifying the type and quantity of marking and lighting:

1. (1) The Director may agree with the recommendations for marking and lighting contained in an FAA airspace determination for a specific object or structure or he may make a separate and different determination for marking and lighting of that object or structure based on his expertise and his knowledge of the situation.

2. (2) The type and quantity of marking and lighting for an object or structure shall be determined by the following characteristics of the object:

   1. (a) Location;
   2. (b) Size or height;
   3. (c) Shape;
   4. (d) Type (i.e. chimney, pole, tower, bridge, transmission lines, etc.);
   5. (e) Permanence (temporary obstructions shall be marked and lighted when appropriate).
3. (3) The Director may deviate from the established marking and lighting standards, except that any deviation must not be more restrictive than current federal norms.

Statutory/Other Authority

ORS 184, 835 & 836

Statutes/Other Implemented

ORS 836.530

History

AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02
1AD 2-1983, f. & ef. 2-14-83