OAR Chapter 104 — Oregon Department of Emergency Management

Division 1 PROCEDURAL RULES

Or. Admin. R. 104-001-0000 Notice of Proposed Adoption, Amendment, or Repeal of Rules

Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which shall be adopted in accordance with ORS 183.335(5), the Oregon Department of Emergency Management shall give notice of the intended action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days before the effective date of the intended action;

(2) By mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335(7); and

(3) By mailing or furnishing a copy of the notice to:

(a) The United Press International;

(b) The Associated Press;

(c) For rules pertaining to 9-1-1 emergency telephone systems: The Oregon 9-1-1 Advisory Committee, the Oregon Chapter of the Associated Public Safety Communications Officers Incorporated, and the Oregon Chapter of the National Emergency Number Association;

(d) For rules pertaining to the Oregon Emergency Response System: the Oregon Emergency Response System Council;

(e) For rules pertaining to Search and Rescue: The Oregon Search and Rescue Advisory Council, the Mt. Hood Search and Rescue Council, the Oregon Association of Mounted Posse’s, and the Oregon Mountain Rescue Council;

(f) For all Division rules: The Oregon Emergency Management Advisory Committee; and

(g) Capitol Press Room.

History

Statutory/Other Authority: ORS 183.341(4) & 401
Statutes/Other Implemented: ORS 183.341(4)
OEM 1-2023, minor correction filed 04/07/2023, effective 04/07/2023
EMD 4-1992, f. & cert. ef 12-14-92
EMD 1-1982, f. & ef. 3-12-82

Or. Admin. R. 104-001-0005 Model Rules of Procedure

The Oregon Department of Emergency Management adopts by reference the Attorney General’s Model Rules of Procedure for the adoption of rules and conduct of proceedings, effective July 31, 2014.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedures is available from the office of the Attorney General or Emergency Management]

History

Statutory/Other Authority: ORS 183 & 184
Statutes/Other Implemented: ORS 183.341(1)
OEM 2-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 2-2015, f. & cert. ef. 9-4-15
ED 1-1982, f. & ef. 1-11-82

Or. Admin. R. 104-001-0010 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Oregon Department of Emergency Management adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224 & 401.092
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
OEM 32-2023, adopt filed 09/20/2023, effective 09/20/2023

Division 10 PARTICIPATION OF LOCAL AND TRIBAL GOVERNMENTS IN THE EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Or. Admin. R. 104-010-0005 Participation of Local and Tribal Governments in the Emergency Management Performance Grant (EMPG) Program of the Federal Emergency Management Agency (FEMA)

(1) The Oregon Department of Emergency Management (ODEM), and local and tribal emergency management/services agencies participating in the Emergency Management Performance Grant (EMPG) Program will implement the EMPG Program in the State of Oregon consistent with these rules, the Federal Emergency Management Agency's (FEMA) annual EMPG Program guidance, and an annual grant agreement and work plan agreed to by ODEM and each participating local or tribal emergency management agency.

(2) Eligible applicants for participation in the Oregon EMPG Program include the state's 36 counties, nine (9) federally recognized tribes, and cities with a population of over 85,000.

(3) Each county, tribal government and city must meet the following requirements to be eligible to participate in the program:

(a) Have an assigned emergency manager.

(b) Be National Incident Management System (NIMS) compliant.

(c) Have an Emergency Operations Plan (EOP) that is consistent with ODEM's statewide planning guidance, updated every two years, and promulgated by agency officials every four years.

(d) Have a FEMA approved Hazard Mitigation Plan that is updated every five years.

(e) Have an Emergency Operations/Coordination facility.

(f) Have an incident command structure.

(4) Each county, tribal government and city must meet the following additional requirements to participate in the program:

(a) Conduct emergency exercises as outlined in the annual grant program work plan.

(b) Ensure that each agency staff member funded in any part with EMPG funds participates in emergency exercises as outlined in the annual grant program work plan.

(c) Ensure that each agency staff member funded in any part with EMPG funds completes all training identified in the annual grant program work plan and attends a minimum of 20 hours of emergency management professional development training during the grant performance period.

(d) Comply with additional federal mandates as outlined in the annual federal EMPG Funding Opportunity Announcement and included in the agency’s approved annual work plan.

(5) ODEM will allocate EMPG funds to the participating agencies each fiscal year based on the program funds made available by FEMA and the Oregon EMPG funding formula policy implemented by ODEM. The funding formula policy will be reviewed every three years by ODEM and a workgroup of EMPG eligible applicants unless a sooner review is needed due to changes identified by federal, state, or local partners. A one-year extension of the review may be granted if it appears changes are about to be released by federal or state partners.

(6) The EMPG is a 50% non-federal cost share grant and grant funds are provided on a reimbursement basis. All EMPG Program funds must be spent and accounted for in accordance with applicable OMB Circulars and Title 44 of the Code of Federal Regulations.

(7) Work Plan Submission and Reporting Requirements:

(a) Each participating agency must prepare and submit a proposed annual work plan in accordance with guidance provided by ODEM.

(b) The county emergency manager of each county with a participating city or cities is encouraged to collaborate with participating cities when developing annual work plans.

(c) ODEM will review and approve each participating agency’s annual work plan. Upon approval, ODEM will prepare a formal grant agreement and forward the agreement and approved work plan to the participating agency.

(d) The work plan and formal grant agreement must be approved by the governing body of the participating agency and the signed documents returned to ODEM by a date set by ODEM.

(e) Each participating agency must submit quarterly program reports detailing its accomplishment of work plan objectives. When completion of an objective produces a tangible product (e.g., a plan, annex, analysis, etc.) a copy of the product must be submitted to ODEM with the corresponding quarterly program report. Quarterly program reports must be received by ODEM within 15 days of the close of each fiscal year quarter. If the fifteenth day falls on a weekend or legal holiday, program reports must arrive no later than the next working day.

(A) Annual Programmatic Reporting Deadlines:

(B) October 15;

(D) April 15;

(D) July 15.

(f) Each participating agency must submit monthly or quarterly fiscal reports detailing the costs for which it is seeking reimbursement and providing the appropriate cost documentation. Monthly fiscal reports must be received by ODEM within 30 days of the end of each month. Quarterly fiscal reports must be received by ODEM within 30 days of the end of each fiscal year quarter. If the thirtieth day falls on a weekend or legal holiday, fiscal reports must arrive no later than the next working day.

(A) Annual Fiscal Reporting Deadlines:

(B) October 30;

(D) April 30;

(E) July 30.

(8) Penalties:

(a) Failure to meet the requirements spelled out in the annual work plan, whether determined by review of program and fiscal reports or through an audit, may result in no funding for the next fiscal year, forfeiture of grants funds already received for the year covered by the work plan, non-reimbursement of outstanding requested expenditures, or any combination thereof.

(b) Failure to submit program or fiscal reports by the prescribed reporting deadlines may result in program suspension.

(9) Reinstatement:

(a) Upon receipt of a late program or fiscal report from a suspended agency, the ODEM Director may reinstate the agency if it satisfactorily demonstrates its desire, commitment, and ability to continue in the program.

(b) When an agency's participation is reinstated, the agency's funding allocation will be reduced for each day the program or fiscal report was late. The reduction will be in an amount equal to one day's allocation (1/365) multiplied by the number of days the report was late.

(c) If the reinstated agency satisfactorily demonstrates to the ODEM Director that the lateness of the report causing its suspension was due to circumstances beyond the control of the agency's emergency program manager, the ODEM Director may waive all or a portion of the late penalty.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 401.092
Statutes/Other Implemented: ORS 401.096
OEM 33-2023, amend filed 10/11/2023, effective 10/11/2023
OEM 3-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 1-2014, f. & cert. ef. 12-15-14
OEM 1-2000, f. & cert. ef. 10-17-00

Division 20 EARTHQUAKE PREPAREDNESS DRILLS

Or. Admin. R. 104-020-0000 Purpose

The purpose of the rule is to provide guidance for all private, state, local government agencies and non-governmental employers with 250 or more full-time employees to conduct mandatory annual earthquake drills for employees located within office buildings.

History

Statutory/Other Authority: Ch. 366 & OL 2001
Statutes/Other Implemented: Ch. 366 & OL 2001
OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14
OEM 1-2002, f. & cert. ef. 4-15-02

Or. Admin. R. 104-020-0010 Definitions

(1) "State and local agency” means a state or local government office, department, division, bureau, board, or commission that is assigned, renting, leasing, owning or controlling office space for carrying out its duties either in one or multiple locations. 'State or local agency' includes the legislative assembly (i.e. legislators) when in regular session.

(2) "Employers with 250 or more full-time employees" mean employers with 250 or more full time employees in Oregon, who are not state and local agencies.

(3) “Office Building” means a building whose primary function is office work. It does not include those non-office buildings whose primary function is manufacturing, assembly, warehouse, laboratory, maintenance, or other non-office situations. Employers are encouraged to hold drills in non-office environments.

(4) “Earthquake drill”, as outlined in guidelines established by The Oregon Department of Emergency Management.

History

Statutory/Other Authority: Ch. 366 & OL 2001
Statutes/Other Implemented: Ch. 366 & OL 2001
OEM 4-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14
OEM 1-2002, f. & cert. ef. 4-15-02

Or. Admin. R. 104-020-0020 Drill Requirements

Those required to conduct the drill are certain office employees of state and local agencies and certain office employees of other employers who have 250 or more full-time employees.

(1) State and local agencies

(a) State and local agencies fall under the drill requirement regardless of the type (full and part time) and number of employees and number of works sites.

(b) All office employees are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at a mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an agency has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings.

(2) Private and non-governmental employers with 250 or more full time employees

(a) Employers with 250 or more full time employees fall under the drill requirement regardless of the number of work sites. The 250 or more full-time employees include all full time employees.

(b) All office employees (including both full and part time) are required to drill, except where there is a mix of office and non-office employees at a work site. If the office employees at the mixed work site are in the majority they are required to drill. If not, they are not required to drill. If an employer has more than one work site, each work site is evaluated separately according to this majority rule. A work site is defined as a site that has one street address, which may contain one or more buildings.

History

Statutory/Other Authority: Ch. 366 & OL 2001
Statutes/Other Implemented: Ch. 366 & OL 2001
OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14
OEM 1-2002, f. & cert. ef. 4-15-02

Or. Admin. R. 104-020-0030 Drill Guidelines

(1) The earthquake drill shall be the drop, cover and hold on, or if not possible, other protective action. Written information on pre-designated evacuation routes and procedures for exiting the building shall be made available to employees.

(2) The employer, state, or local agency may drill earthquake response procedures in addition to “drop, cover, and hold on” when it is determined on scientific evaluation of specific engineering and structural issues related to a building and with the consultation of state and local emergency management, that “drop, cover, and hold on” may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

(3) Entities are encouraged to participate in the annual state-wide “drop, cover, and hold on” earthquake drill.

(4) Guidelines for the drill and evacuation procedures are posted on the web sites of The Oregon Department of Emergency Management (ODEM) and the Oregon Department of Geology and Mineral Industries (DOGAMI).

History

Statutory/Other Authority: Ch. 366 & OL 2001
Statutes/Other Implemented: Ch. 366 & OL 2001
OEM 5-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14
OEM 1-2002, f. & cert. ef. 4-15-02

Or. Admin. R. 104-020-0040 Drill Records

(1) Each state and local agency and employer with 250 or more full-time employees shall maintain a file that documents the date the earthquake drill was conducted. The file can be either maintained at one central location, for those agencies or employers that have multiple locations, or maintained at each location. If maintained at a central location, the record shall be kept in the office of the agency or company head. If maintained at each agency location, then the record shall be kept in the office of the manager at that site.

(2) For those agencies, companies and organizations that fit the drill criteria, drill waivers may be granted each year in exceptional circumstances and for good cause. Petitions must be submitted by the executive head of the state agency, local agency, company, or organization requesting the waiver to the Earthquake Program Coordinator, The Oregon Department of Emergency Management, P. O. Box 14370, Salem, OR 97309-5062.

History

Statutory/Other Authority: Ch. 366 & OL 2001
Statutes/Other Implemented: Ch. 366 & OL 2001
OEM 6-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 1-2013, f. 12-17-13, cert. ef. 1-1-14
OEM 1-2002, f. & cert. ef. 4-15-02

Division 30 ADOPTION OF A UNIFORM TSUNAMI WARNING SIGNAL

Or. Admin. R. 104-030-0000 Purpose

(1) The rules in this division seek to establish a Uniform Tsunami Warning Siren Signal for the Oregon coast (Oregon Senate Bill 557, Section 2).

(2) The objective of the tsunami statutes and these implementing rules is to reduce the risk of loss of life. Risk will be reduced by applying a uniform siren signal to inform the public of an approaching tsunami on the Oregon coast.

(3) Establish a Uniform Tsunami Warning Siren Signal standard.

(4) Require tsunami warning sirens to adhere to this standard.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0010 Applicability

(1) This rule applies to all Tsunami Warning sirens, including existing Tsunami Warning sirens.

(2) Existing Tsunami Warning sirens must comply within 5 years of the effective date of these rules.

(3) The siren signal is the “wail,” a siren tone that oscillates up and down repeatedly from high to low over a period of three minutes.

(4) Voice broadcast may be included in addition to the wail, but not in replacement of the wail.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0020 Definitions

(1) “Tsunami Warning Siren signal” is the wail, a siren tone that oscillates up and down repeatedly from high to low over a period of three minutes.

(2) "Tsunami inundation zone" for the purpose of these rules means the area subject to tsunami inundation as depicted on maps adopted under OAR 632-005-0030 of these rules and intended for the implementation of ORS 455.446 and 455.447.

(3) A “Tsunami Warning Siren” is a siren or other audible warning device for the purpose of providing warning to the public within the Tsunami Inundation Zone of an approaching tsunami.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0030 Guidance on Tone, Signal, and Placement

A rotating siren using a solid tone that produces the same effect as a fixed siren using a “wail” when observed from a stationary location and meets the intent of these rules.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0040 Guidance on Testing

(1) The siren test time is designed to roughly coincide with the weekly National Oceanic and Atmospheric Administration (NOAA) Weather Radio tests. Tsunami Warning Sirens will be tested on Wednesdays at 11:00 hours (a.m.) for routine testing of tsunami warning systems. Testing will be done on the first Wednesday of each month at 11:00 am.

(2) The recommended siren test duration is not to exceed 60-seconds excluding voice message, except during system coverage evaluations, unless using a unique sound for the test, such as Cows or Chimes.

(3) A sign or placard shall be affixed to each siren stating the routine test time and day.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0050 Guidance on Other Methods of Warning

(1) Recommend use of other methods for tsunami warning in conjunction with sirens.

(2) Work with emergency responders to provide alternative means such as weather radios, loudspeakers on beach vehicles, door-to-door notification and welfare-checks.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0060 Guidance on Visual Methods of Warning

Consider a visual warning signal recommendation used in conjunction with fixed siren facilities; such as the blue strobe or flashing light, the most commonly used visual warning.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0070 Guidance on All Clear Signal

The All Clear signal shall NOT be a Siren sound, either Solid or Wailing.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Or. Admin. R. 104-030-0080 Guidance on Location of Tsunami Warning Systems

Locate sirens in areas where there are either large concentrations of population within the inundation zone; or where other means of warning people is not available and/or practical, such as at parks and beach access areas.

History

Statutory/Other Authority: ORS 401.863 - 401.864
Statutes/Other Implemented: ORS 401.863
OEM 1-2010, f. & cert. ef. 1-21-10

Division 40 OREGON EMERGENCY RESPONSE SYSTEM

Or. Admin. R. 104-040-0000 Purpose

The objectives of the Oregon Emergency Response System are to provide and implement a plan for coordinated state agency action in cases involving natural or technological hazards or civil disorder that threaten the citizens or resources of Oregon. ORS 466.635 requires that any person owning or having control over any oil or hazardous material who has knowledge of a spill or a release shall immediately notify The Oregon Department of Emergency Management as soon as that person knows the spill or release is a reportable quantity. ORS 761.405 requires each railroad shall notify the Administrator of The Oregon Department of Emergency Management by telephone or similar means of communications of any derailment or fire involving or affecting hazardous material. OAR 345-060-0030 requires that the carrier of any radioactive material shall immediately notify local emergency response authorities and the Oregon Emergency Response System of any vehicle accidents regardless of whether radioactive material has been damaged or dispersed; loss of any radioactive material; and tampering with or obstruction of any new shipments. Section 304, Title III of the Federal Superfund Amendments and Re-Authorization Act of 1986 requires facilities to notify the LEPC and the SERC if there is a release of a listed hazardous substance that exceeds the reportable quantity for that substance. State agencies are directed to provide cooperative response assistance within their resources and authority to other agencies, which may include, but is not limited to federal, state, counties, cities and special districts. This can be accomplished by:

(1) Establishing a Memorandum of Understanding which promises cooperative assistance and coordinated effort among signatory state agencies;

(2) Establishing an Oregon Emergency Response System Council which shall direct activities of the system;

(3) Creating a review process for major incidents that occur in the state;

(4) Developing an exercise program that will test the system on a periodic basis;

(5) Conduct emergency management training for signatory agencies;

(6) Develop and manage an incident report system.

History

Statutory/Other Authority: ORS 401.270(1)
Statutes/Other Implemented: ORS 401.275
OEM 7-2023, minor correction filed 04/07/2023, effective 04/07/2023
EMD 1-1992, f. & cert. ef. 4-17-92

Or. Admin. R. 104-040-0010 Definitions

(1) “OERS” is the Oregon Emergency Response System.

(2) “The Division” is The Oregon Department of Emergency Management.

(3) “MOU” refers to the Memorandum of Understanding signed by state agencies participating in the Oregon Emergency Response System.

(4) “Signatory Agencies” refers to those state agencies that have a role in emergency response activities, and participate as members of the Oregon Emergency Response System.

(5) “ORS” means Oregon Revised Statutes.

(6) “Hazardous Materials” shall mean “hazardous substance” as that term is defined in ORS 453.307(4).

(7) “LEPC” is the Local Emergency Planning Committee.

(8) “SERC” is the State Emergency Response Commission.

History

Statutory/Other Authority: ORS 401.270(1)
Statutes/Other Implemented: ORS 401.275
OEM 8-2023, minor correction filed 04/07/2023, effective 04/07/2023
EMD 1-1992, f. & cert. ef. 4-17-92

Or. Admin. R. 104-040-0020 Responsibilities

(1) The Oregon Emergency Response System shall be managed by The Oregon Department of Emergency Management. A council shall be established that includes representation from each of the participating state agencies.

(2) The Oregon Emergency Response System shall be the primary point of contact by which any public agency provides the state notification of an emergency or disaster, or requests access to state and federal resources.

(3) The responsibilities of the Council include but are not limited to the following:

(a) Establish planning guidelines and review procedures;

(b) Develop criteria for the provision of call lists and the notification of personnel through the Oregon Emergency Response System;

(d) Develop and conduct emergency management training for signatory agencies; and

(e) Advise the Division on changes necessary to improve or update Oregon’s emergency management and operations plans.

(4) The responsibilities of the Division for managing the Oregon Emergency Response System include but are not limited to the following: The Division’s OERS Program Coordinator shall chair the OERS Council and will be responsible for the maintenance of OERS plans, guidelines, procedures, call-lists, and the dissemination of information to participant agencies. The chair shall coordinate review of major incidents and planning of exercises. The chair shall establish technical advisory committees to advise on special problems or issues as needed. The chair shall establish and manage an incident report system, consolidated monthly reports of which shall be made available to the OERS Council, SERC, LEPC and any other interested parties or individuals.

(5) The Oregon Emergency Response System shall be the point of contact for notification of the SERC and LEPC when there is a release by an Oregon facility of a listed hazardous substance that exceeds the reportable quantity for that substance. Such facilities will make this notification by contacting OERS and stating that they are making a spill notification to the LEPC and SERC.

(6) The Oregon Emergency Response System is funded under the provisions of ORS 465.104 which identifies disposition in ORS 465.127.

History

Statutory/Other Authority: ORS 401.270(1)
Statutes/Other Implemented: ORS 401.275
OEM 9-2023, minor correction filed 04/07/2023, effective 04/07/2023
EMD 1-1992, f. & cert. ef. 4-17-92

Division 45 STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM

Or. Admin. R. 104-045-0000 Purpose

These rules establish a grant program pursuant to ORS 401.551 and ORS 401.552 for the disbursement of money from the Resiliency Grant Fund established by the Oregon Legislative Assembly for the purpose of procuring Emergency Preparedness Equipment to help Oregon communities prepare for, respond to, and recover from emergencies. This program is known as the State Preparedness and Incident Response Equipment (SPIRE) Grant Program.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0010 Definitions

(1) “Authority” means The Oregon Department of Emergency Management.

(2) “Emergency” has the meaning given that term in ORS 401.025.

(3) “Maintain” means to repair, perform upkeep on and otherwise keep in good working condition.

(4) “Preparedness Equipment” means equipment, vehicles or other personal property that in accordance with ORS 401.551:

(a) May be used to decrease the risk to life and property resulting from an emergency, and

(b) Qualifies as a capital asset eligible for financing with Tax-exempt Bonds.

(5) “Qualified Applicant” means an entity that has responsibility for or expertise in emergency preparedness and that is a local government, a special government body, a federally recognized Indian tribe in Oregon or a private organization qualified for federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

(6) “Recipient” or “Grantee” means a Qualified Applicant that applies for and receives Preparedness Equipment under the State Preparedness and Incident Response Equipment Grant Program.

(7) “Tax-exempt Bond” means a bond, as defined in ORS 286A.001, the receipt of interest on which is excluded from gross income under the Internal Revenue Code or that is eligible for a federal interest subsidy payment or other tax-advantaged status.

(8) “Grant Agreement” means an agreement between the Authority and a Recipient specifying the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures.

(9) “Grant Application Package” means a package of information prepared by the Authority containing grant guidance, application forms and other supplementary information.

(10) “Grant Program” means the State Preparedness and Incident Response Equipment Grant Program.

(11) “Grant Selection Committee” means the committee charged with evaluating grant applications for the purpose of determining which Qualified Applicants will receive funding. The Grant Selection Committee membership may include representatives of The Oregon Department of Emergency Management, Oregon Emergency Management Association, Oregon Homeland Security Council, and others with expertise in the industry.

(12) “Capital Asset” means equipment with an individual item value of at least $5,000.

(13) “Local Government” means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts, as defined in ORS 174.116..

(14) “Special Government Body” means any of the following, as defined in ORS 174.117:

(a) A public corporation created under a statute of this state and specifically designated as a public corporation.

(b) A school district.

(d) An education service district.

(e) A community college district or community college service district established under ORS chapter 341.

(f) An intergovernmental body formed by two or more public bodies.

(g) Any entity that is created by statute, ordinance or resolution that is not part of state government or local government.

(h) Any entity that is not otherwise described in this section that is:

(A) Not part of state government or local government;

(B) Created pursuant to authority granted by a statute, ordinance or resolution, but not directly created by that statute, ordinance or resolution; and

(C) Identified as a governmental entity by the statute, ordinance or resolution authorizing the creation of the entity, without regard to the specific terms used by the statute, ordinance or resolution.

(D) A public university listed in ORS 352.002 (Public universities).

(E) Subject to ORS 174.108 (Effect of definitions) , as used in the statutes of this state “special government body” includes:

(i) An entity created by statute for the purpose of giving advice only to a special government body;

(ii) An entity created by a special government body for the purpose of giving advice to the special government body, if the document creating the entity indicates that the entity is a public body; and

(iii) Any entity created by a special government body described in subsection (1) of this section, other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the special government body. [2001 c.74 §8; 2013 c.768 §54; 2015 c.767 §50]

(15) “Applicant” means a Qualified Applicant that has submitted an application for Resiliency Grant funds.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 2-2026, amend filed 03/24/2026, effective 03/24/2026
OEM 10-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0020 Eligible Activities

(1) Qualified Applicants may request Preparedness Equipment that is identified on the list adopted by the Oregon Homeland Security Council pursuant to ORS 401.551.

(2) Applicants must demonstrate a need for the specific Preparedness Equipment requested, the ability to maintain the Preparedness Equipment, and the ability to use the Preparedness Equipment to address deficiencies in local or regional emergency preparedness, response, and/or recovery.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0030 Grant Application Process

(1) Grant Application Package

(a) The Authority shall prepare a Grant Application Package. The package will contain guidance, application forms and other supplementary information to help Qualified Applicants prepare grant applications.

(b) The guidance will include a description of eligibility criteria and ranking factors used to evaluate and select applications for funding.

(c) The Authority shall announce how to obtain a Grant Application Package and the deadline for submitting an application.

(d) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference.

(2) Grant Application Submission

(a) A Qualified Applicant may submit an application which requests one or more pieces of equipment from the list adopted by the Oregon Homeland Security Council pursuant to ORS 401.551. All submissions must be in the form provided by the Authority and must contain all required information.

(b) All applications must be received prior to the application deadline announced by the Authority.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0040 Grant Application Review

(1) The Authority will review all applications to ensure they are complete and meet grant eligibility requirements.

(2) The Authority will convene a Grant Selection Committee to evaluate, score, and prioritize all applications meeting grant and eligibility requirements.

(3) The Authority will use the prioritized list of applications along with the amount of funds available in the Resiliency Grant Fund to determine which Applicants will receive Preparedness Equipment.

(4) The Authority will notify all Applicants of the funding decisions within 90 days of the due date for application submission.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0050 Grant Awards

(1) Grants will be awarded only when there are sufficient funds available in the Resiliency Grant Fund.

(2) The Authority will purchase the approved Preparedness Equipment on behalf of the Grantee and distribute the equipment.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0060 Grant Agreements and Conditions

(1) The Authority shall provide a Grant Agreement to each Grantee which specifies the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures.

(2) The Authority will enter into Grant Agreements with new Grantees or may amend agreements with prior Grantees if all reporting obligations under the earlier agreements have been met.

(3) The Authority and the Grantee must execute a Grant Agreement or amendment prior to any equipment being disbursed.

(4) If the Grant Agreement or amendment has not been fully executed by all the parties within 60 days of the Grantee receiving the agreement, funding may be terminated. The money allocated to the grant will then be available for reallocation by the Authority consistent with the application priorities established by the Grant Selection Committee.

(5) The Authority shall establish Grant Agreement conditions. Grantees shall comply with all grant agreement conditions. In addition, Grantees shall comply with all applicable federal, state and local laws and ordinances.

(6) Grantees shall comply with all progress and financial reporting requirements outlined in the Grant Agreement.

(7) All equipment under the grant remains the property of the State of Oregon until it is transferred, sold, or otherwise disposed of, consistent with the provisions of law or the grant agreement. All equipment must be maintained, marked, tracked, and made available with or without notice by ODEM.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 31-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0070 Project Administration

The Authority shall administer Resiliency Grant Funds in compliance with the requirements of applicable statutes and rules and the guidance provided in the Grant Application Package.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0080 Waivers, Exceptions and Appeals

(1) The Authority may waive non-statutory requirements of the Grant Program if it is demonstrated such a waiver would serve to further the goals or objectives of the program.

(2) The Authority may consider appeals of the Grant Selection Committee’s funding decisions. Only an Applicant may appeal. Appeals must be submitted in writing to the Authority within 30 days of the event or action that is being appealed. The Authority’s decision is final.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Or. Admin. R. 104-045-0090 Program Sanctions

The Grantee shall be responsible for taking all actions necessary to enforce the terms of the Grant Agreement against any private or public participant who fails to comply with applicable provisions of the Grant Agreement and to recover on behalf of the state any liabilities that may arise as the result of a breach of the Grant Agreement by any participant. Nothing in this paragraph shall restrict the state’s right to enforce independently the terms of any Grant Agreement or to recover any sums that may become due as the result of a breach of such an agreement.

History

Statutory/Other Authority: ORS 401.551 & ORS 401.552
Statutes/Other Implemented: ORS 401.551 & ORS 401.552
OEM 3-2018, adopt filed 12/21/2018, effective 12/21/2018

Division 50 OREGON SEISMIC REHABILITATION GRANTS PROGRAM

Or. Admin. R. 104-050-0000 Purpose

(1) The Director of The Oregon Department of Emergency Management (ODEM), pursuant to Oregon Revised Statutes (ORS) 401.300, shall develop and administer grant programs for the seismic rehabilitation of critical public buildings.

(2) The funds for the seismic rehabilitation of critical public buildings under the grant program are provided from the issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N of the Oregon Constitution.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 11-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0010 Definitions

(1) “ODEM”: The Oregon Department of Emergency Management.

(2) “Acute inpatient care facility”: Means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for, but not limited to acutely ill patients and accident victims. “Acute inpatient care facility” includes the Oregon Health and Science University.

(3) “Applicant”: A school district, community college, education service district, higher education institution, police, sheriff, fire, hospital which is applying for a grant from the Seismic Rehabilitation program.

(4) “Collapse Prevention”: Means a building at this performance level is capable of maintaining gravity loads though structural damage is severe and risk of falling hazard is high as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(5) “Critical Public Buildings”: Includes hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district, or municipal law enforcement agencies and buildings with a capacity of 250 or more persons that are routinely used for student activities by kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education.

(6) “Director”: The Director of The Oregon Department of Emergency Management.

(7) “Distressed or Impoverished”: All Oregon cities and counties designated by Oregon Business Development Department as distressed or impoverished by established methodology.

(8) “Division”: The Oregon Department of Emergency Management.

(9) “Education Service District (ESD)”: Means a district created under ORS 334.010 that provides regional educational services to component school districts.

(10) “Grant Program”: The Seismic Rehabilitation Grant Program.

(11) “Grant Selection Committee”: The committee that is charged with evaluating grant applications for the purpose of determining which projects receive funding. The grant selection committee membership shall include representatives of Oregon Department of Education, The Department of Human Services, The State Department of Geology and Mineral Industries, Oregon Seismic Safety Policy Advisory Commission, The Oregon Department of Administrative Services, The Oregon Fire Chiefs’ Association, The Oregon Association of Chiefs of Police, Community Colleges and Workforce Development, Oregon University System, The Oregon Association of Hospitals and Health Systems, and others who possess expertise in construction, construction grants and structural design as determined by the Director.

(12) “Grantee”: Means applicant awarded grant funds for seismic rehabilitation project.

(13) “Holistic Project”: Means a project emphasizing the whole building instead of the separation of its parts.

(14) “Immediate Occupancy”: Means a building at this performance level is expected of being sufficiently functional for occupancy as set forth in the American Society of Civil Engineers Standard for Seismic Rehabilitation of Existing Buildings newest edition.

(15) “Life Safety”: Means a building at this performance level is expected to present low risk of life threatening injury to building inhabitants as set forth in the American Society of Civil Engineers Standard for Seismic Evaluation of Existing Buildings newest edition.

(16) “Match”: is any contribution to a project that is non-seismic grant funds. Match may include:

(a) Cash on hand or cash that is pledged to be on hand prior to commencement of the project; and,

(b) Secured funding commitments from other sources.

(17) “Project”: Seismic rehabilitation activity (or activities) to a building that is eligible for assistance from the Seismic Rehabilitation Grant Program.

(18) “Seismic Rehabilitation”: Means construction of structural improvements to a building that results in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

(19) “Small Impoverished Community”: As defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5133, means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President. Small and impoverished community must meet all of the following criteria:

(a) Must be a community of 3,000 or fewer individuals that is identified by the State as a rural community, and is not a remote area within the corporate boundaries of a larger city;

(b) Must be economically disadvantaged, with residents having an average per capita annual income not exceeding 80% of the national per capita income, based on best available data. (The Department of Commerce Bureau of Economic Analysis (BEA) website states that the per capita personal income for the United States in 2006 was $31,794.) More up-to-date information may be used. Please see the BEA website at: http://www.bea.gov;

(c) Must have a local unemployment rate that exceeds by one-percentage point or more the most recently reported, average yearly national unemployment rate. (According to the US Bureau of Labor Statistics (USBL), the current average unemployment rate for 2006 is 4.6%.) For up-to-date information, please see the USBL website located at: http://stats.bls.gov/; and

(d) Must meet any other factors as determined by the State in which the community is located.

(20) “Structural”: Means components of a building that support or resist loads. Parts of a building that bear weight.

(21) “Tsunami Inundation Zone”: Means for purposes of the SRGP, the area depicted as the tsunami inundation zone in Oregon Department of Geology and Mineral Industries Open-File Reports O-95-09 through O-95-38, O-95-43 through O-95-66 and O-97-31 through O-97-32.

(22) “Useful Life”: Means the length of time that the building or structure is expected to be used, or 30 years, whichever is greater.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 12-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0020 Eligible Applicants

The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Department because of nonperformance under a prior Seismic Rehabilitation Grant contract:

(1) All hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district or municipal law enforcement agencies.

(2) Kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education buildings with a capacity of 250 or more persons that are routinely used for student activities and are owned by the State Board of Higher Education, a school district, an education service district, a community college district or a community college service district.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0030 Program Information

(1) ODEM shall prepare a Grant Application Package. The application package may contain a guidance document, application forms, and other supplementary information that may help eligible applicants prepare grant applications.

(2) The guidance document will include a description of eligibility criteria, and ranking factors used to evaluate and select applications for funding.

(3) The Grant Application Package on file with ODEM is incorporated as part of these rules by reference.

(4) ODEM will provide to Seismic Rehabilitation grantee a Grant Contract which specifies legal requirements for grant management, reporting, and record keeping, and OEM's monitoring and grant closeout procedures.

(5) ODEM shall administer Seismic Rehabilitation Grants in compliance with the requirements of applicable statutes, rules, and the Grant Guidance Document.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 13-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0040 Program Sanctions

The grantee shall be responsible for taking all actions necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0050 Project Eligible Activities

Projects must meet the following criteria to be eligible for this program:

(1) Education buildings rehabilitated to life safety seismic safety performance level as defined in OAR 104-050-0010.

(2) Emergency services buildings rehabilitated to immediate occupancy seismic safety performance level as defined in OAR 104-050-0010.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0055 Project Ineligible Activities

Project ineligible activities include, but are not limited to:

(1) The demolition and rebuild of an existing critical public building.

(2) Rehabilitation to a building located in the Tsunami Inundation Zone as defined in OAR 104-050-0010.

(3) Rehabilitation of a building located in the flood zone, with no previous mitigation activities completed.

(4) Partial rehabilitation of a building that does not holistically address all known seismic deficiencies, as defined in OAR 104-050-0010.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10

Or. Admin. R. 104-050-0060 Application Submittal, Review and Approval

(1) ODEM shall announce deadlines for submitting applications, how to obtain an application form, and required supplemental documents.

(2) An eligible critical public building may submit an application after consulting with ODEM on a preliminary determination of eligibility and otherwise follow ODEM’s procedures for submitting applications. The application must be in the form provided by ODEM and must contain or be accompanied by such information as ODEM may require. ODEM will process only completed applications.

(3) Upon receipt of signed application, ODEM will notify the applicant within 30 days as to the receipt of the application.

(4) Upon receipt of a completed application, ODEM will provide the Grant Selection Committee with copies of the application materials to evaluate the application using ranking factors and point values to determine the project’s prioritization ranking during a public meeting.

(5) Once a completed application is evaluated for a grant award, the Grant Selection Committee will, within 90 days, notify applicants of the status of their grant application.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 14-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0070 Project Administration

(1) ODEM and the applicant must execute a grant contract prior to disbursal of grant funds.

(2) Documentation of project costs incurred by entity must be submitted to ODEM prior to disbursal of funds.

(3) Disbursal of grant funds to entity will be made on the schedule determined by ODEM.

(4) Prior to final disbursement, ODEM will review and evaluate all documents produced as a result of the project, perform a final on-site inspection of the completed project and determine how closely the project delivered the outcome anticipated in the application.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 15-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0080 Grant Awards and Match

(1) Grants will be awarded only when there are sufficient funds available in the Seismic Rehabilitation Grants program.

(2) Grant funds shall be distributed proportionately between public education facilities and emergency services facilities as allocated by the Legislative Assembly.

(3) The maximum grant award is $1.5 million.

(4) There is no required match for this program. Additional application points may be considered for applicants that provide matching funds.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0090 Grant Agreement Conditions

(1) ODEM will only enter into new agreements or amendments to existing agreements, with prior Grantees, if all reporting obligations under earlier agreements have been met.

(2) If the grant agreement has not been fully executed by all the parties within 60 days of grantee receiving contract document, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the grant committee.

(3) The Director or designee shall establish grant agreement conditions. Grantees shall comply with all grant agreement conditions.

(4) The Grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be done under the agreement.

(5) Upon notice to the Grantee in writing, the Director may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the grant committee.

(6) The Grantee will account for funds distributed by the grant committee, using project expense forms provided by ODEM.

(7) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies and provide a copy to ODEM.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 16-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Or. Admin. R. 104-050-0100 Waivers, Exceptions and Appeals

(1) The Director may provide authority to the grant committee to waive non-statutory requirements of the grant program based on special circumstances, such as:

(a) Proximity to fault hazards;

(b) The community value of the structure;

(d) Storage of hazardous materials.

(2) The Director may consider appeals of the grant committee’s funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final.

(3) The Director may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals or objectives of the program.

History

Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS 401.300
OEM 3-2010, f. & cert. ef. 11-1-10
OEM 1-2009, f. & cert. ef. 4-22-09

Division 55 FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM

Or. Admin. R. 104-055-0000 Purpose

These rules establish a grant program pursuant to ORS 85 for the disbursement of money from the Fuel Storage Facility Compatibility Fund established by the Oregon Legislative Assembly for the purpose of installing Generator Connectors on Fuel Sources at Cardlock Facilities in the state.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0010 Definitions

(1) “Applicant” means an Oregon licensed owner/operator of a public or private Cardlock Facility.

(2) “Authority” means The Oregon Department of Emergency Management.

(3) “Cardlock Facility” means a fuel dispensing facility that is licensed by the Office of the Oregon State Fire Marshal under ORS 480.350 and that permits nonretail customers to dispense fuel using a card activated or key activated device in accordance with ORS 480.345.

(4) “Emergency” has the meaning given that term in ORS 401.025.

(5) “Fuel Source” means a storage tank from which fuel is dispensed.

(6) “Generator” means a portable device capable of converting fuel into electricity.

(7) “Generator connector” means a connector on a fuel source that allows a generator to connect to the fuel source for the purpose of fueling the generator.

(8) “Grant Agreement” means an agreement between the Authority and the licensed owner/ operator of a public or private Cardlock Facility specifying the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures.

(9) “Grant Application Package” means a package of information prepared by the Authority containing grant guidance, application forms and other supplementary information.

(10) “Grant Program” means the Fuel Storage Facility Compatibility Fund Grant Program.

(11) “Grant Selection Committee” means the committee charged with evaluating grant applications for the purpose of determining which Projects will receive funding. The Grant Selection Committee membership may include representatives of the Oregon Department of Transportation, Office of the State Fire Marshal, Oregon Military Department, Oregon Department of Energy, The Oregon Department of Emergency Management, Oregon Emergency Management Association, and others who possess expertise in the industry.

(12) “Grantee” means an Applicant awarded grant funds for fuel storage facility compatibility.

(13) “Project” means activity at the eligible Cardlock Facility which enables the Generator Connector to be installed for the purpose of dispensing fuel with a Generator.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 17-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0020 Eligible Applicants

(1) The following entities and organizations are eligible to apply for the Fuel Storage Facility Compatibility Fund grant:

(a) All public and private Cardlock Facility owner/operators currently licensed by the Office of the Oregon State Fire Marshal under ORS 480.310 through 480.385 for commercial fuel dispensing in the State of Oregon.

(2) A public or private Cardlock Facility determined by the Authority to be in non-compliance with a prior Fuel Storage Facility Compatibility Fund Grant Agreement is ineligible to apply.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0030 Eligible Activities

(1) To be eligible for this Grant Program, a proposed Project must involve the installation of a Generator Connector at a currently licensed commercial public or private Cardlock Facility within the State of Oregon.

(2) Grant funds cannot be used for the installation of a Generator or power generation/backup power capability.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0040 Grant Application Process

(1) Grant Application Package

(a) The Authority shall prepare a Grant Application Package. The package will contain guidance, application forms and other supplementary information to help eligible Applicants prepare grant applications.

(b) The guidance will include a description of eligibility criteria and ranking factors used to evaluate and select applications for funding.

(c) The Authority shall announce how to obtain a Grant Application Package and the deadline for submitting an application.

(d) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference.

(2) Grant Application Submission

(a) An eligible commercial public or private Cardlock Facility owner/operator may submit an application which includes more than one facility location. All submissions must be in the form provided by the Authority and must contain all required information.

(b) All applications must be received prior to the application deadline announced by the Authority.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0050 Grant Application Review

(1) The Authority will review all applications to ensure they are complete and meet grant eligibility requirements.

(2) The Authority may convene a Grant Selection Committee to evaluate and score all applications meeting grant and eligibility requirements.

(3) The Authority will use the prioritized list of applications along with the amount of funds available in the Fuel Storage Facility Compatibility Fund to determine which Applicants will receive grant awards.

(4) All Applicants will be notified of the status of their applications within 90 days of the due date for application submission.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0060 Grant Awards and Match

(1) The maximum grant award for each Cardlock Facility is $4,000.

(2) Grants will be awarded only when there are sufficient funds available in the Fuel Storage Facility Compatibility Fund.

(3) Award recipients are expected to use the grant funds, along with agency/organization funds when necessary, to install Generator Connectors meeting the requirements of ORS 85 and these rules at each of their licensed commercial public or private Cardlock Facilities selected to receive grant funds.

(4) Grant funds shall be distributed on a reimbursement basis to the licensed commercial public and private Cardlock Facility owner/operators selected to receive grant funds.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0070 Grant Agreements and Conditions

(1) The Authority shall provide a Grant Agreement to each Fuel Storage Facility Compatibility Fund Grantee which specifies the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures.

(2) The Authority will only enter into new agreements or may amend agreements with prior Grantees if all reporting obligations under the earlier agreements have been met.

(3) The Authority and the Applicant must execute a Grant Agreement or amendment prior to any funds being expended for eligible expenses for which the Applicant will request reimbursement.

(4) If the Grant Agreement or amendment has not been fully executed by all the parties within 60 days of the Grantee receiving the agreement, funding will be terminated. The money allocated to the grant will then be available for reallocation by the Authority consistent with the application rankings established by the Grant Selection Committee.

(6) Upon notice to a Grantee in writing, the Authority may terminate funding for Projects not completed in the prescribed time and manner. Money allocated to the Project but not used will be available for reallocation by the Authority consistent with the application rankings established by the Grant Selection Committee.

(7) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0080 Project Administration

(1) The Authority shall administer Fuel Storage Facility Compatibility Fund grants in compliance with the requirements of applicable statutes and rules and the guidance provided in the Grant Application Package.

(2) Documentation of Project costs incurred by each Grantee must be submitted to the Authority prior to reimbursement of funds.

(3) Reimbursement of funds to each Grantee will be made on a schedule established by the Authority.

(4) The Authority will require a letter from the Office of the Oregon State Fire Marshal following the annual inspection of each Cardlock Facility receiving a grant award certifying that the Generator Connector installed pursuant to the Grant Program meets safety requirements and is otherwise properly installed.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0090 Waivers, Exceptions and Appeals

(1) The Authority may waive non-statutory requirements of the Grant Program if it is demonstrated such a waiver would serve to further the goals or objectives of the program.

(2) The Authority may consider appeals of the Grant Selection Committee’s funding decisions. Only the Applicant may appeal. Appeals must be submitted in writing to the Authority within 30 days of the event or action that is being appealed. The Authority’s decision is final.

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Or. Admin. R. 104-055-0100 Program Sanctions

History

Statutory/Other Authority: ORS 85
Statutes/Other Implemented: ORS 85
OEM 1-2017, f. & cert. ef. 1-27-17

Division 75 STATE COMMUNITY RESILIENCE COALITION GRANT PROGRAM

Or. Admin. R. 104-075-0000 Purpose

These rules establish a grant program pursuant to ORS 401.123 for the disbursement of money from the General Fund established by the Oregon Legislative Assembly. The grant program is intended to support “community organizations active in disasters,” as defined in ORS 401.123, as well as other Qualifying Applicants, in carrying out their work within a local community to prepare for, build resilience against, and recover from emergencies in the localities in which they operate. This grant program is known as the State Community Resilience Coalition Grant Program. These rules also provide guidance for how the Oregon Department of Emergency Management provides technical assistance to public and private local entities that are active in emergency preparedness, response, or recovery, pursuant to ORS 401.121.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0010 Definitions for OAR 104 Division 75

(1) “Administrative Costs” means the costs to administer the Grant Program. These costs may be both personnel and non-personnel and include both direct and indirect costs.

(2) “Applicant” means a Qualified Applicant that has submitted an application for Grant Program funds in the manner provided by 104-070-0040.

(3) “Authority” means The Oregon Department of Emergency Management.

(4) “Eligible Activity” means:

(a) Except as otherwise provided in subsection (10) of this section, an activity to prepare for, build resilience against, or recover from an emergency that is listed in ORS 401.123(1); or

(b) Any other activity to prepare for, build resilience against, or recover from an emergency that is requested by the Applicant in writing in an application for Grant Program funds that is determined by the [EM1] Authority, in its sole discretion, to qualify as an Eligible Activity.

(5) “Emergency” has the meaning given that term in ORS 401.025.

(6) “Grant Agreement” means an agreement between the Authority and a Recipient specifying the legal requirements for Grant Program management, reporting, and record keeping as well as the Authority’s monitoring and grant closeout procedures.

(7) “Grant Application Package” means a package of information prepared by the Authority containing Grant Program guidance, application forms, and other supplementary information.

(8) “Grant Program” means the State Community Resilience Coalition Grant Program.

(9) “Grant Selection Committee” means the committee charged with evaluating Grant Program applications for the purpose of determining which Qualified Applicants will receive Grant Program funding.

(10) “Ineligible Activity” means any activity that is not an Eligible Activity. Ineligible Activities include, but are not limited to:

(a) Facility leases or rentals;

(b) The purchase of emergency preparedness equipment that would otherwise qualify for the State Preparedness and Incident Response Equipment (SPIRE) Grant Program;

(d) Funds provided directly to individuals impacted by an emergency or disaster; and

(e) Funds to increase payroll or benefits of existing staff.

(11) “Local Government” has the meaning given that term in ORS 174.116.

(12) “Qualified Applicant” means a “community organization active in disaster,” as that term is defined in ORS 401.123 or a local government applying on behalf of a community organization. This includes any cooperative organization or coalition comprising representatives of nonprofit, governmental, business and faith-based entities that works with a local community to prepare for, build resilience against and recover from an emergency as defined in ORS 401.025. A fiscal sponsor that provides legal and tax-exempt status to an organization or coalition performing one or more Eligible Activities under the State Community Resilience Coalition Grant Program is also a Qualified Applicant.

(13) “Recipient” means a Qualified Applicant that applies for and receives funds under the State Community Resilience Coalition Grant Program.

(14) “Special Government Body” is the meaning given that term in ORS 174.117.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0020 Grant Application Process

(1) Grant Application Package

(a) The Authority shall prepare a Grant Application Package. The package will contain guidance, application forms, scoring rubric, and other supplementary information to help Qualified Applicants prepare and submit grant applications.

(b) The guidance contained in the Grant Application Package will include a description of eligibility criteria and ranking factors used to evaluate and select applications for funding.

(c) The Authority shall announce how to obtain a Grant Application Package and the deadline and method for submitting an application.

(d) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference.

(2) Technical Assistance to Local Entities

(a) Under ORS 401.121, the Authority can provide technical assistance to local entities, whether public or private, that are active in emergency preparedness, response, or recovery in Oregon.

(b) Technical assistance may include, without limitation, assistance with grant writing.

(3) Grant Application Submission

(a) A Qualified Applicant may submit an application to use the Grant Program funds for one or more Eligible Activities. All submissions must be in the form provided by the Authority and must contain all required information.

(b) The Grant Application Submission must demonstrate a need for each Eligible Activity for which Grant Program funds are sought, and the ability of the Qualified Applicant to use Grant Program funds to address the identified need and enhance local or regional emergency preparedness, response, and recovery capabilities.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0030 Grant Application Review

(1) The Authority will review all Grant Program applications to ensure they are complete and meet Grant Program eligibility requirements.

(2) The Authority will use a Grant Selection Committee to individually evaluate, score, and prioritize all applications meeting grant and eligibility requirements using a grant scoring rubric. The grant and eligibility requirements and the grant scoring rubric will be made available to applicants as part of the Grant Application Package. The Grant Selection Committee may include members of the Oregon Department of Emergency Management, the Emergency Preparedness Advisory Council, the Local Government Emergency Management Advisory Council, and others with expertise in this field as determined by the Authority.

(3) The Authority will use the prioritized list of Grant Program applications along with the amount of funds available in the State Community Resilience Coalition Grant Program to determine which Qualified Applicants will receive a Grant Program award.

(4) The Authority will notify all Applicants of the funding decisions within 90 days of the due date for Grant Program application submission.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0040 Grant Awards

Grant Program funds will be awarded only when there are sufficient funds available in the Grant Program. After awarding grants to all approved Recipients, at the end of each fiscal biennium, the Director of the Oregon Department of Emergency Management may approve using any remaining funds to support training efforts and to provide technical assistance defined in ORS 401.121.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0050 Grant Agreements and Conditions

(1) The Authority shall provide a Grant Agreement to each Recipient. The Grant Agreement shall specify the legal requirements for Grant Program management, reporting and record keeping as well as the Authority’s monitoring and Grant Program closeout procedures.

(2) The Authority will enter into Grant Agreements with new Recipients or may amend agreements with prior Recipients if all reporting obligations under the earlier agreements have been met.

(3) The Authority and the Recipient must execute a Grant Agreement or amendment prior to any Grant Program funds being disbursed.

(4) If the Grant Agreement or amendment has not been fully executed by all the parties within 60 days of the Recipient receiving the Grant Agreement, the Authority may rescind its decision to provide Grant Program funds to the Recipient. The money allocated to the grant will then be available for reallocation by the Authority consistent with the application priorities established by the Grant Selection Committee.

(5) The Authority shall establish Grant Agreement conditions, which may include a prohibition on any Recipient spending more than 15 percent of received Grant Program funds on Administrative Costs. Recipients shall comply with all Grant Agreement conditions. In addition, Recipients shall comply with all applicable federal, state and local laws and ordinances.

(6) Recipients shall comply with all narrative and financial reporting requirements outlined in the Grant Agreement. Narrative and financial report templates will be provided by the Authority to each Recipient upon grant award. The narrative and financial reports are due to the Authority on or before the 30th day of the month following the end of each calendar quarter (ending on March 31, June 30, September 30, and December 31). Failure to submit narrative and financial reports or to submit reports on time may result in an “Event of Default” as described in the Grant Agreement leading to remedial actions and/or the termination of the Grant Agreement by the Authority.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0060 Project Administration

The Authority shall administer the State Community Resilience Coalition Grant Program in compliance with the requirements of applicable statutes and rules and the guidance provided in the Grant Application Package.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0070 Waivers, Exceptions and Appeals

(1) The Authority may waive requirements of the Grant Program that are not required by statute or administrative rule if it is demonstrated such a waiver would serve to further the goals or objectives of the program.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Or. Admin. R. 104-075-0080 Program Sanctions

The Recipient shall be responsible for taking all actions necessary to enforce the terms of the Grant Agreement against any private or public subrecipient of Grant Program funds with whom the Recipient contracts and who fails to comply with applicable provisions of the Grant Agreement. The Recipient shall also recover on behalf of the State any liabilities that may arise as the result of a breach of the Grant Agreement by any such subrecipient of Grant Program funds. Nothing in this paragraph shall restrict the state’s right to enforce independently the terms of any Grant Agreement or to recover any sums that may become due as the result of a breach of such an agreement.

History

Statutory/Other Authority: ORS 401.121 & ORS 401.123
Statutes/Other Implemented: ORS 401.121 & ORS 401.123
OEM 3-2026, adopt filed 05/27/2026, effective 05/27/2026

Division 80 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM

Or. Admin. R. 104-080-0000 Purpose

The purpose of the State of Oregon’s 9-1-1 program in establishing the emergency communications system isto:

(1) Provide for the continued operation of 9-1-1 and emergency communications services statewide.

(a) Provide consistent statewide access to police, fire, and emergency medical service through the emergency communications system when an emergency call is made to 9-1-1.

(b) Support 9-1-1 jurisdictions by continuing to pursue technologies and solutions that improve levels of service and promotes efficiencies in the statewide emergency communications system.

(2) Ensure reliable statewide operation and maintenance of the emergency communications system by providing a public safety answering point with:

(a) Access to the emergency communications system and network for use by the public safety answering point;

(b) Customer premises equipment with comparable functionality; and

(3) Distribute and monitor the expenditure of 9-1-1 tax funds in all accounts including the tax funds distributed to 9-1-1 jurisdictions.

(4) Monitor, review and assess the efficiency of emergency communication services throughout the State of Oregon.

(5) Implement the policies and requirements of ORS 403.100 to 403.165 and ORS 403.235 to 403.250.

History

Statutory/Other Authority: ORS 403.120(1)(a)
Statutes/Other Implemented: ORS 403.105 - 403.165
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15
OEM 1-2015(Temp), f. & cert. ef. 6-5-15 thru 12-1-15
OEM 2-2010, f. & cert. ef. 2-5-10
OEM 1-2003, f. & cert. ef. 1-15-03
EMD 1-1997, f. & cert. ef. 8-15-97
Reverted to EMD 2-1992, f. & cert. ef. 4-17-92
EMD 3-1993(Temp), f. & cert. ef. 1-15-93
Reverted to EMD 2-1992, f. & cert. ef. 4-17-92
EMD 3-1992(Temp), f. & cert. ef. 7-15-92
EMD 2-1992, f. & cert. ef. 4-17-92

Or. Admin. R. 104-080-0100 Definitions

The definitions in ORS 403.105 and the following definitions apply to OAR chapter 104, division 80:

(1) “Automatic Location Identification” (ALI) has the meaning set forth in ORS 403.105.

(2) “Automatic Number Identification” (ANI) has the meaning set forth in ORS 403.105.

(3) “Computer Aided Dispatch” (CAD) means a computer based system that aids primary PSAP telecommunicators by automating selected dispatching and record keeping activities.

(4) “Console” means an adjustable work surface and input platform for CPE equipment which enables a call-taker to sit or stand during 9-1-1 call processing.

(5) “Customer premises equipment” (CPE) means hardware and software located at a primary PSAP to originate, route or terminate telecommunciations.

(6) “Database Management System” (DBMS) means the combination of manual procedures and computer programs used to create, store, manipulate and update data.

(7) “Emergency Communications System Interoperability” means the capability for two or more PSAPs or the Office to share resources received by a provider or when a PSAP or the Office obtains services from two or more providers.

(8) “Emergency Service Number” (ESN) means a 3 to 5 digit number that represents one or more ESZs.

(9) “Emergency Service Zone” (ESZ) means a defined geographical territory consisting of a specific combination of law enforcement, fire and emergency medical services coverage areas represented by an ESN.

(10) “Enhanced 9-1-1 telephone service” (E9-1-1) has the meaning set forth in ORS 403.105.

(11) “Erlang C Formula” means a mathematical equation for calculating the minimum number of workstations being utilized at maximum efficiency in a call center based upon the call volume, duration and wait time for callers.

(12) “Geographic Information System” (GIS) means a combination of data, hardware, software, personnel, and procedures used for the development, maintenance, manipulation, and display of 9-1-1 mapping data at the PSAP.

(13) “Interoperability” means the capability for disparate systems to communicate with one another.

(14) “Master Street Address Guide” (MSAG) means a database of street names containing address ranges with their associated communities that denotes emergency service numbers for the emergency communications system.

(15) “Management Information System” (MIS) means a program that collects, stores and collates data into reports enabling interpretation and evaluation of performance, trends and traffic capacities.

(16) “Multiprotocol Label Switching” (MPLS) means a type of data-carrying technique for high-performance telecommunications networks.

(17) “Network” includes:

(a) A system of interconnected equipment used to transmit or receive information;

(b) A series of connecting points that may be joined to create communications pathways intended to allow access into the emergency communications system;

(c) Connecting points that include all Oregon PSAPs, providers, facilities and services required to complete the emergency call and deliver data between points on the network; and

(d) Provider-based connections terminating on CPE within each primary PSAP.

(18) “Network Exchange Services” includes:

(a) Intrastate communications services required to deliver E9-1-1; and

(b) Any communications service in which the information transmitted originates and terminates within the boundaries of the State of Oregon.

(19) “Not to Exceed Funding Level” means the approved funding level provided to the 9-1-1 jurisdiction by the Office for eligible products and services.

(20) “Department” means The Oregon Department of Emergency Management.

(21) “Oregon’s Enterprise IP Network” means an MPLS Network used to deliver ALI information and software patches, anti-virus, mapping updates and time-synchronization to primary PSAPs .

(22) “P.01 Grade of Service” means emergency communications service in which no more than one call in 100 attempts receives a busy signal on the first attempt during the average busiest hour.

(23) "Position Location" means a point on the surface of the Earth described as "x, y" coordinates, and may also include a “z” coordinate, when available, that describes elevation in feet from Mean Sea Level.

(24) “Primary public safety answering point” (primary PSAP) has the meaning set forth in ORS 403.105.

(25) “Provider” has the meaning set forth in ORS 403.105.

(26) “Provisioning” means the process of providing or obtaining needed equipment or services.

(27) “Public safety answering point” (PSAP) has the meaning set forth in ORS 403.105.

(28) “Secondary public safety answering point” (secondary PSAP) has the meaning set forth in ORS 403.105.

(29) “Selective Routing” means the process of routing an emergency call to the appropriate primary PSAP based on the caller’s number information (ANI), but may also include other factors, such as the caller’s location information (ALI), time of day or call class of service.

(30) “Telecommunicator” means a person employed by a 9-1-1 jurisdiction whose primary duties are receiving, processing and transmitting public safety information received during an emergency call delivered through the emergency communications system.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 18-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0110 Requirements of the Department

(1) Upon written notice to the 9-1-1 jurisdiction and the primary PSAP, the Department may audit the 9-1-1 jurisdiction or the primary PSAP for compliance with the 9-1-1 jurisdiction plan, ORS 403.100 to 403.165 and ORS 403.235 to 403.250, and OAR chapter 104, division 080.

(2) The Department shall collect and maintain a list of contact information for each primary and secondary PSAP and make the list available on the Department’s website, including:

(a) PSAP name;

(b) Physical or mailing address;

(d) 10-digit 24-hour non-emergency number; and

(e) Name(s) and title of primary point of contact.

(3) The Department shall collect and maintain an itemized list of the CPE necessary to receive emergency calls through the 9-1-1 emergency communications system, including the equipment lifespan described by the manufacturer, and the equipment’s update and maintenance schedule.

(4) The Department shall approve or reject all ESNs requested by a primary PSAP for use in the 9-1-1 GIS, MSAG and ALI databases. The Department will make a reasonable attempt to prevent duplication of these ESNs, validate that the number aligns with the designated block of ESN numbers, and ensure compatibility with the Oregon ALI Format[1]. The Department may, as required, assign or direct reassignment of ESNs to prevent unnecessary duplication, confusion or misrouting of emergency calls.

(5) The Department shall coordinate and oversee the implementation of 9-1-1 GIS in Oregon, which may include the following activities:

(a) Identify and adopt technical standards and requirements;

(b) Identify and establish procedures for 9-1-1 GIS data maintenance;

(c) Identify and establish development of critical GIS data layers for use in current and future mapping systems and 9-1-1 functional elements; and

(d) Define and establish a standard GIS data model[2] to be used for the development, transfer, and storage of critical GIS data layers.

[Publications [1]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://www.oregon.gov/OEM/Documents/oregonali_aliaqor.pdf]

[Publications [2]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/nena-sta-006_ng9-1-1_gis_dat.pdf

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 19-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0120 Requirements of a 9-1-1 jurisdiction in operation of a primary PSAP

(1) All emergency calls received in the State of Oregon must be answered by a telecommunicator.

(2) A telecommunicator at a primary PSAP must attempt to avoid multiple call transfers and must transfer an emergency call only when necessary.

(3) A telecommunicator at a primary PSAP must attempt to obtain the following information from the caller and not rely solely on the automatic display of ANI and ALI information, unless the information is not available at the time of the call:

(a) Location of caller;

(b) Location of the emergency;

(d) The call back number of the device from which the caller is placing the call.

(4) An automated device may not access the emergency communications system if it does not provide for two-way communication. A primary PSAP is not required to receive, respond to, or process a call by any such automated device.

(5) Except as described in this rule, a primary PSAP may not use a device or program its CPE to offer a choice of options to a caller placing an emergency call without providing assistance from a telecommunicator, including the use of “Automatic Call Attendant” or “Voice Mail.” This rule does not apply to calls received on 10-digit lines.

(6) A primary PSAP may:

(a) Use a queue device with a pre-recorded message informing the caller that all telecommunicators are currently busy and to remain on the line. These "queue" devices must be capable of sequencing calls in a manner that forces the oldest call in the queue to be answered first by the next available telecommunicator. Automatic Call Distributor will be a component of the 9-1-1 system which may be requested by the 9-1-1 Jurisdiction by written request including stated business need justification, submitted to the State as written in section 104-080-0200 (3).

(b) Use an unattended wireless call screening system with prior written approval from the Department.

(7) A 9-1-1 jurisdiction may request an additional funded workstation for its primary PSAP by submitting a written request to ODEM. A request must demonstrate a need for the increase in workstations based on work load, work flow or other efficiency gains that benefit the citizens of, and visitors to the 9-1-1 jurisdiction. The written request must include the following:

(a) The specific equipment, hardware and software, required for the functionality of the requested workstation;

(b) A description of how the request will meet the specific needs of the primary PSAP;

(d) A staffing plan describing how the additional workstation will be used by the primary PSAP;

(e) The signature of an authorized representative of the 9-1-1 jurisdiction indicating approval of the request; and

(f) Any additional supporting documentation that describes the on-going change in circumstances at the PSAP level requiring the additional workstation. The change in circumstances may not be based on a single occurrence, but may include circumstances such as an increase in work load, increase in service population, or an opportunity to leverage equipment or processes towards an efficiency gain.

(g) When a PSAP requests funding for additional workstation(s), beyond the accepted workstation allocation formula, the Department may consult members of the State Advisory Committee in an effort to add general PSAP knowledge and experience to the decision making process.

(8) A 9-1-1 jurisdiction may request reimbursement for MSAG coordination and update services and GIS data layer development and maintenance. A 9-1-1 jurisdiction must meet the following requirements to receive reimbursement:

(a) A 9-1-1 jurisdiction must have a current agreement with a GIS or MSAG service provider that has been approved by the Department. The agreement must address the payment or reimbursement for GIS or MSAG services.

(b) Each GIS or MSAG provider seeking reimbursement must provide documentation of its billing rates.

(c) Each 9-1-1 jurisdiction must complete signature cards for at least two individuals who are authorized to request and approve a request for reimbursement on behalf of the 9-1-1 jurisdiction.

(9) A 9-1-1 jurisdiction responsible for CPE maintenance must contract for maintenance for a minimum of 4 years for any maintenance costs to be eligible for reimbursement. The four-year period begins on the day after the expiration of manufacturer’s warranty, which at a minimum must be for a 12 month period. Anytime during the 5th year of the CPE lifecycle that a 9-1-1 jurisdiction determines an additional year of maintenance is available and provided by the maintenance contractor, 1 additional year of maintenance must be exercised. All dates for product licensing and maintenance must be coterminous.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 20-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0125 Obtaining ANI and ALI Information without an Emergency Call and performing a reverse lookup

(1) Queries of a provider’s ANI and ALI database by a primary PSAP, in the absence of an emergency call, are limited to situations in which such action is necessary to locate an individual who may be at risk of death or immediate serious physical harm, poll records to ensure accuracy, or verify MSAG, ANI and ALI data. Queries may include automated or manual reverse lookup, ANI and ALI dip, and the pinging of wireless devices.

(2) A database provider must provide access to ANI or ALI data upon request of a primary PSAP. The database provider must make ANI or ALI data available in a timely manner to meet the requirements of OAR 104, Division 080, and any applicable local or federal requirements.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0135 Use of Non-Published ANI and ALI Information

(1) When the automatic display of ANI and ALI is identified as non-published (NP) information that is not to be made publicly available in phone listings, a primary PSAP must obtain permission from the caller before such ANI or ALI information may be disclosed to the public. A caller grants permission only if the caller identifies him or herself as the person listed in the NP data source and indicates that the NP ANI and ALI information may be disclosed to the public. Any information obtained from a caller in an emergency call may be used for emergency dispatch purposes without permission or restriction. The provider of ANI and ALI shall provide a NP designation in its data sources and shall notify end users of privacy limitations associated with calls placed to the emergency communications system.

(2) All records and reports relating to an emergency call must be reviewed for confidential information prior to public disclosure. Upon determination that confidential information exists, disclosure may take place only after all data received from the NP data source is redacted in compliance with ORS 403.135(2).

(3) Upon receipt of ANI and ALI with a NP designation, the telecommunicator shall indicate that the information is from a NP data source when transferring the ANI and ALI to the dispatcher or a public or private safety agency.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0140 Requirements of providers

(1) A provider must first route emergency calls to the primary PSAP serving the 9-1-1 service area where the call originates.

(2) A provider must provide to the Department documentation, including a description of the process, demonstrating that the P.01 grade of service is met for each primary PSAP.

(3) A provider must provide annually a list of prices for the network exchange services necessary to provide the minimum P.01 grade of service. The list of prices must have been approved within a tariff schedule by the Oregon Public Utilities Commission.

(4) A provider shall develop and maintain a plan to monitor and maintain the quality of its services. On an annual basis or as requested by the Department or 9-1 1 jurisdiction, a provider shall provide documentation to the Department or 9-1-1 jurisdiction that its network is designed to a P.01 grade of service.

(5) A provider providing ANI and ALI must present uniform data streams identified in the Oregon ANI and ALI Format as required for PSAP operations. Such data streams must be transmitted in a manner permitting a PSAP's station terminal equipment to display ANI and ALI information in a predetermined format. Unless otherwise approved by the Department, a provider of ANI and ALI must use the Oregon ANI and ALI Format.[1]

(6) A provider providing ANI or ALI shall provide a complete copy of the ANI and ALI database to the PSAP, or its authorized MSAG Coordinator, on an annual basis or as agreed upon within the contract for service. The copy of the ANI and ALI shall be distributed by the provider of the ANI and ALI to the MSAG coordinator for the PSAP and made available to the Department for the purpose of performing data validation processes.

(7) A provider shall provide an updated MSAG to the designated MSAG coordinator for each PSAP either on a quarterly basis or as agreed upon within the contract for service.

(a) A provider shall provide access to the MSAG to the MSAG Coordinator of each primary PSAP, with full editing permissions to the MSAG database for the designated 9-1-1 service area.

(b) A provider shall provide access to the MSAG to the Department, with full viewing rights to the MSAG database.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 21-2023, minor correction filed 04/07/2023, effective 04/07/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0150 9-1-1 Jurisdiction Plans

(1) 9-1-1 Jurisdiction Plan. A 9-1-1 jurisdiction shall prepare and maintain a 9-1-1 Jurisdiction Plan.

(2) The 9-1-1 Jurisdiction Plan must meet the requirements of ORS 403.130 and include:

(a) Name and contact information for the 9-1-1 jurisdiction, including the physical and mailing addresses;

(b) A description of the 9-1-1 service area served by the 9-1-1 jurisdiction, including a map of the geographical area served and the current total population;

(d) Name and location of the primary PSAP serving the 9-1-1 jurisdiction, including the physical and mailing addresses, 10-digit emergency phone number, 10-digit non-emergency phone number, and the name and contact information for the PSAP’s director or administrator;

(e) Name, address and contact information for all public and private safety agencies served by the 9-1-1 jurisdiction and primary PSAP as required by ORS 403.115; and

(f) Number of workstations funded from the 9-1-1 Subaccount;

(g) A disaster recovery plan meeting the requirements described in ORS 403.150.

(3) Submittal and Review of new 9-1-1 Jurisdiction Plans. A 9-1-1 jurisdiction must submit completed 9-1-1 Jurisdiction Plan:

(a) A 9-1-1 jurisdiction must complete and submit to the Department its 9-1-1 Jurisdiction Plan, in writing, signed by the primary point of contact for the 9-1-1 jurisdiction.

(b) The Department will review the 9-1-1 Jurisdiction Plan for completeness and compliance with these rules. If the 9-1-1 Jurisdiction Plan is approved, the Department will notify the 9-1-1 jurisdiction that the plan is approved. The Department will keep the 9-1-1 Jurisdiction Plan on file and review it on an annual basis or as otherwise deemed necessary by the Department;

(c) If the Department rejects the initial 9-1-1 Jurisdiction Plan, the Department will send the 9-1-1 jurisdiction written notice of the rejection, describing the deficiencies in the plan. The 9-1-1 jurisdiction has 90 days following issuance of the rejection to submit a revised 9-1-1 Jurisdiction Plan for review. The Department will review the revised 9-1-1 Jurisdiction Plan and if the revised 9-1-1 Jurisdiction Plan is unacceptable, the Department will work with the 9-1-1 jurisdiction to complete an acceptable plan.

(d) A 9-1-1 jurisdiction must submit its approved 9-1-1 Jurisdiction Plans to:

(A) All public and private safety agencies within the 9-1-1 service area; and

(B) Any other public or private entities within the 9-1-1 service area that may be affected by the 9-1-1 Jurisdiction Plan, including all secondary responders.

(4) Annual Review; Amendment of the 9-1-1 Jurisdiction Plan.

(a) Each 9-1-1 Jurisdiction shall review its 9-1-1 Jurisdiction Plan in January of each year and send the Department updates as necessary or a notice certifying that the plan has been reviewed for the year and no changes have been made.

(b) The 9-1-1 jurisdiction shall submit to the Department, updates as necessary or an amended plan 30 days prior to any consolidation, co-location, or physical move and within 30 days of any other change in the information included in the 9-1-1 Jurisdiction Plan.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 22-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0160 The Emergency Communications System

(1) The Department shall coordinate with all parties to ensure effective delivery of the emergency call using the emergency communications system, including providers, 9-1-1 Jurisdictions and PSAP staff.

(2) The delivery of an emergency call requires:

(a) A secure network for delivery of ALI;

(b) The secure delivery of ANI by the provider;

(d) Mapping software and hardware showing the caller’s location; and

(e) Equipment allowing direct communication with the caller.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 23-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0165 Requirements of the Emergency Communications System

The emergency communications system must include:

(1) Basic 9-1-1, including:

(a) A primary PSAP that is automatically accessible anywhere in the 9-1-1 jurisdiction service area by calling 9-1-1;

(b) Dispatch of public and private safety services in the 9-1-1 service area or relay or transfer of emergency calls to an appropriate public or private safety agency; and

(2) Enhanced 9-1-1: In addition to the requirements for Basic 9-1-1 set forth in OAR 104-080-0165 (1), Enhanced 9-1-1 emergency communications system must provide at a minimum:

(a) Two workstations and staffing for at least one of the stations at all times;

(b) Automatic display of the incoming telephone number and address in the designated primary PSAP at the time of receiving an incoming emergency call;

(c) A network developed to transport address and telephone number information to the designated primary PSAP automatically when an emergency call is placed to 9-1-1; and

(d) Emergency telephone service that provides a P.01 grade of service or better. A primary PSAP may not have fewer than two 9-1-1 circuits.

(3) In addition to the requirements for Basic 9-1-1 and Enhanced 9-1-1, the emergency communications system must include all of the following:

(a) Building security for the primary PSAP building to restrict intentional disruption of operations. All emergency communications system equipment must be accessible only to authorized personnel.

(b) Protected and internal markings for all emergency communications system components and CPE rooms at the primary PSAP to prevent damage or tampering. For this section, "protected" includes maintaining the ambient room temperature in accordance with the CPE manufacturers' requirements.

(c) Telecommunicators trained through the Basic Telecommunications Academy at the Department of Public Safety Standards and Training. A 9-1-1 jurisdiction may provide additional training to its telecommunicators but the 9-1-1 jurisdiction is not eligible for funding from the 9-1-1 Subaccount for such additional training.

(d) A battery powered Uninterruptible Power Supply (UPS) or holdover battery supply that must be capable of powering essential CPE at the primary PSAP for a period sufficiently long to enable the motor back-up power equipment. No calls may be lost during the transition to the motor back-up power equipment.

(e) A TTY to provide access to the emergency communications system. In addition to a TTY, a primary PSAP may provide access to the emergency communications through other devices capable of receiving an emergency call from individuals with hearing or speech impairments pursuant to OAR 104-080-0165 (4) below. Any other device used by the PSAP must comply with Americans with Disabilities Act (ADA) TITLE II, 28 CFR, Part 35, Subpart E, Section 35.161, 35.162.

(f) Workstations. A primary PSAP telecommunicator workstation must be approved by the Department and must be equipped with the following:

(A) Emergency call answering device;

(B) ANI display;

(D) Mapping display; and

(E) Interface for ANI and ALI. Must be capable of seamlessly interfacing to standard radio, logging recorder, CAD dispatch and GIS systems.

(4) If a primary PSAP provides text-to-9-1-1 service in addition to TTY, text-to-9-1-1 service must be provided as follows:

(a) A primary PSAP that provides text-to-9-1-1 service must be capable of receiving Short Message Service (SMS) emergency messages.

(b) A Text Control Center (TCC) must provide ANI and ALI in a uniform data stream along with the text-to-9-1-1 emergency call to the primary PSAP serving the 9-1-1 jurisdiction.

(c) The 9-1-1 jurisdiction shall ensure that each text-to-9-1-1 emergency call is handled according to the requirements set forth on ORS Chapter 403.

(d) When a primary PSAP receives a text-to-9-1-1 emergency call originating outside its jurisdictional boundaries, the telecommunicator shall attempt to determine the appropriate responding agency and complete the disposition of the emergency call.

(e) The primary PSAP must complete testing of the text-to-9-1-1 service to ensure that equipment and services function properly.

Publications: Publications referenced in this rule are available from the Department.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 24-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0170 Databases

(1) When interoperability of the emergency communications system requires a provider to share its ANI and ALI information or any other database information with another provider, the provider shall do so, subject to a Department-approved implementation method.

(2) The selective routing database contained within each approved selective routing device must be maintained by the provider of the selective routing device in a manner that accurately reflects the most recent issuance or change of address, service or service account datum within 48 hours of the change.

(3) A provider is responsible for making subscriber information data available through an ANI and ALI database query to the requesting PSAP at the time the PSAP receives or handles an emergency call.

(4) Unless approved by the Department, a provider may not require a PSAP to query more than one ALI database for all emergency calls received by the PSAP.

(5) A provider of an ANI and ALI database is responsible for the provider-based MSAG process, including compilation and continued maintenance. A provider must incorporate into the MSAG changes submitted by a PSAP within 72 hours of the submission.

(6) A provider must make available ANI and ALI information to all PSAPs upon receipt of an emergency call and may not control or limit the PSAP’s access.

(7) ALI information must include the following, if available:

(a) Area code and ANI information of caller;

(b) Date;

(d) Non-published designation when requested by the caller;

(e) Subscriber name;

(f) House number;

(g) House number suffix;

(h) Pilot or P-ANI number (if wireless);

(i) Prefix or post directional;

(j) Street name including type;

(k) Location information;

(l) Emergency service number;

(m) Community name;

(n) State;

(o) Office approved class of service;

(p) Caller’s service provider;

(q) Latitude and longitude information of wireless caller location for Phase II wireless, or that of the cell tower for Phase I;

(r) Wireless confidence intervals and reliability factors;

(s) Caller’s elevation, speed, and direction of travel if available;

(t) PSAP name; and

(u) Emergency service number English translation.

(8) Ownership of the MSAG is jointly held between the primary PSAP, the provider, and the Department.

(9) The MSAG Coordinator in each 9-1-1 jurisdiction must coordinate with the ANI and ALI database provider to provide for MSAG updates into the ANI and ALI database. MSAG updates may be made as frequently as necessary for the 9-1-1 jurisdiction, but no less frequently than monthly.

(10) All 9-1-1 geographic information data shall be delivered to and shared with the Department. The Department may use, manipulate, process, and store all 9-1-1 GIS data according to industry best practices.

(11) All GIS data must be delivered to the Department in a standard data model[1], format[2], and method as set by the Department.

[Publications [1]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/nena-sta-006_ng9-1-1_gis_dat.pdf

[Publications [2]: Publications referred to or incorporated by reference in this rule are available from the Office and are also available at https://www.oregon.gov/OEM/Documents/oregonali_aliaqor.pdf]

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 25-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0180 Customer Premises Equipment

(1) Provisioning CPE is subject to approval by the Department and must meet emergency communications system interoperability requirements.

(2) A 9-1-1 jurisdiction may acquire CPE through the incumbent local exchange carrier or, in the alternative, the 9-1-1 jurisdiction may acquire CPE through any other provider providing the CPE meets the standards set by the Department.

(3) The Department uses, in part, the Oregon Erlang C formula to ensure a consistent allocation model to be utilized for all primary PSAPs within the state. This formula is to be utilized for CPE reimbursement and is not intended to suggest what personnel and personnel functionality needs are of any given PSAP to provide optimal service to their community.

(4) Maintenance must conform to the standards set by the Department and may be provided by a utility or other provider.

(5) A 9-1-1 jurisdiction is responsible for CPE maintenance and provisioning to meet standards set by the Department.

(6) CPE must meet the following requirements:

(a) CPE must include line hold and line indicators for emergency calls;

(b) ALI Controller must provide 2 interfaces for transmission and receipt of wireline, wireless and Voice over Internet Protocol call data to the ALI database.

(c) CPE must be capable of displaying 10 digit ANI, telephone company identification and Phase I and Phase II Wireless ALI in Oregon’s Statewide ALI format.[1]

(d) ALI uniform data stream, data devices, data channels and displays used for primary interrogation; Each ALI link will be configurable for a specific ALI Format[2] and assignable to individual trunk groups.

(e) Capable of seamlessly interfacing to standard radio, logging recorder, and CAD dispatch and GIS mapping systems.

(f) Telephone sets used for primary interrogation must provide the capability for an analog and digital audio interface to a headset/handset and to the radio system arbitration unit to accommodate both radio and 9-1-1 audio in the same headset/handset.

(g) CPE must be capable of interfacing with the time synchronization device residing on Oregon’s Enterprise Internet Protocol Network interconnecting all primary PSAPs statewide.

(h) ANI and associated displays;

(7) When a primary PSAP elects to purchase CPE that is intended to be customer-owned and maintained premises equipment, the 9-1-1 jurisdiction must comply with the following:

(a) The equipment must be compatible with and functionally equivalent to the E9-1-1 network provided by the incumbent local exchange carrier.

(b) Mean time to repair the equipment must establish identification, response, and repair parameters where the provider can return a failed component or device to its normal operating condition. The provider must provide a 9-1-1 jurisdiction(s) access to a Provider CustomerSupport Center, where the 9-1-1 jurisdiction may submit trouble reports 24 hours per day, 7 days per week, including provider observed holidays (‘covered hours”). The provider must accept trouble reports during covered hours. The provider must perform trouble isolation during the covered hours. If the provider and the 9-1-1 jurisdiction determine an on-site response is required the provider must complete response during covered hours for severity level 1 and severity level 2 incidents based on the following conditions:

(A) Severity Level 1 (Major): Highest service level incidentwhere total service loss affects the ability to answer a 9-1-1 call. Provider must respond witha response time of 2 hours remote from the receipt of the call to the Provider Customer Support Center and 4 hours on-site, if necessary. The provider must make a reasonable effort to arrive on-site with all required replacement parts. All Severity Level 1 incidents must be reported by the 9-1-1 jurisdiction to the Oregon Emergency Response System and the Provider Customer Support Center.

(B) Severity Level 2 (Critical): Call handling capability is present; however, service loss or degradation of services jeopardizes overall performance of CPE. Provider must respond with a response timeof 4 hours remote from the receipt of a call to the Provider Customer Support Center, and 8 hours on-site, if necessary. The Provider must make a reasonable effort to arrive on-site with all required replacement parts. All Severity Level 2 incidents must be reported by the 9-1-1 jurisdiction to the Oregon Emergency Response System and the Provider Customer Support Center.

(C) Severity Level 3 (Minor): Issues that are not related to a service failure and theremediation period has no impact on the overall performance of the CPE. The provider must respond the next business day from the receipt of a call to the Provider Customer Support Center. All Severity Level 3incidents mustbe reported by the 9-1-1 jurisdiction to the Provider Customer Support Center.

(D) All technicians must be certified to work on 9-1-1 specific systems before performing any work on the specific system.

(8) Equipment must provide noiseless supervised transfer and conferencing.

(9) A CPE installation must be capable of both analog and digital receipt of incoming emergency calls, including the ability to accept ANI and ALI on a single digital transport.

(10) The Department shall work with a 9-1-1 jurisdiction that has requested CPE replacement to determine the need for replacement, based on the equipment’s anticipated lifespan. If the 9-1-1 jurisdiction is requesting reimbursement from the 9-1-1 Subaccount, the Department makes the final determination concerning replacement of CPE.

[Publications [1] & [2]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://www.oregon.gov/OEM/Documents/oregonali_aliaqor.pdf]

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 26-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0190 Funding the Emergency Communications System

(1) The Department distributes Emergency Communications Account monies to 9-1-1 jurisdictions quarterly, pursuant to ORS 403.240.

(2) The Department shall maintain a current list of 9-1-1 jurisdictions eligible to receive and expend distributed 9-1-1 tax funds from the Emergency Communications Account.

(3) The Department shall make payments for costs of the emergency communications system on behalf of a 9-1-1 jurisdiction as referenced in ORS 403.240 (3) (a), (b) and (c).

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 27-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0195 Emergency Communications Account expenditures

(1) Authorized expenditures from the Emergency Communications Account by the 9-1-1 jurisdiction for the operation of the primary PSAP are:

(a) Telecommunicators salaries;

(b) E9-1-1 telephone line charges;

(A) ANI

(B) ALI

(D) Selective Routing

(E) Selective Transfer

(F) Uninterrupted Power Supply

(G) TDD / TTY Communications Capability

(H) Instant Call-back Recorder

(I) Text-to-9-1-1

(J) ALI Database Services

(K) Mapping

(L) Combined telephone headset/handset to answer both 9-1-1 calls and non-emergency calls from the CPE

(M) Automatic Call Distributor

(d) Transfer and relay telephone line charges to secondary PSAPs;

(e) Emergency Communications System maintenance include:

(A) Remedial maintenance necessary to return all CPE to proper operating condition as described in manufacturer’s specifications. Remedial maintenance must be provided 24 hours a day, 7 days a week, including Providers holidays, on a call-out basis.

(B) Anti-virus software and any updates (hot fix/patches) to hardware and software to keep the CPE fully operational.

(f) Receive only pagers if this is the primary means of notifying responders of an emergency call for service;

(g) Training expenses for telecommunicator training provided by the Department of Public Safety Standards and Training;

(h) Logging recording equipment used to record emergency calls, date and time of the call, and notice to responding agencies of emergency calls for service;

(i) Public education regarding 9-1-1 use and availability;

(j) Computer data links to responding agencies if this is the means used to notify responding agencies of emergency calls for service;

(k) Base rate charges for ten-digit emergency and non-emergency primary PSAP reporting numbers;

(l) Emergency Notification System;

(m) Radio base stations necessary to notify responders of an emergency call for service;

(n) Computer aided dispatch systems that handle emergency call processing and notification of responding agencies of emergency calls for service;

(o) Telephone and radio equipment;

(p) Administration and overhead (rent, utilities, and maintenance) of a multi-use primary PSAP that includes dispatching of public safety services;

(q) Backup power systems (generators) set for powering the primary PSAP during long term power outages;

(r) Alternate primary PSAP sites and circuit routing when used for disaster recovery;

(s) Planning and development costs for the 9-1-1 Jurisdiction Plan

(t) Transmit and receive pagers, portable or mobile radios and repeater stations when used as primary means of notice to responding agencies of an emergency call for service; and

(u) Any other item not covered by ORS 104-080-0195 that is necessary to provide emergency communication services in the primary PSAP service area. The 9-1-1 jurisdiction will provide all supporting documentation that describes why the products or services benefit the primary PSAP and the community served. Prior written approval by the Department is required.

(2) Except for the costs of transfer and relay telephone line charges to the secondary PSAP as set forth above, a 9-1-1 jurisdiction is not eligible to receive funding for the operation of a secondary PSAP from this account.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 28-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0200 Authorized expenditures from the 9-1-1 Subaccount

(1) The Department uses funds in the 9-1-1 Subaccount to reimburse or pay the costs on behalf of the 9-1-1 jurisdiction. The Department shall reimburse or pay a 9-1-1 jurisdiction only if that 9-1-1 jurisdiction has an approved 9-1-1 Jurisdiction Plan on file with the Department that describes the capital and recurring costs of the 9-1-1 jurisdiction.

(2) In order to obtain pre-authorization, the Department will work with the 9-1-1 jurisdiction to establish a Not to Exceed Funding Level for cost of products and services.

(3) Once a Not to Exceed Funding Level is executed between the 9-1-1 jurisdiction and the Department, the Department reviews each submission for reimbursement on the Department approved form(s) for appropriateness of the payment, including a review of the reasonableness of costs for products and services provided.

(4) The Department may consider requests by a 9-1-1 jurisdiction for approval of reimbursement for products and services if the 9-1-1 jurisdiction:

(a) Demonstrates it is unable to obtain and maintain satisfactory service levels from its current provider;

(b) Provides documentation satisfactory to the Department that the current provider has failed to maintain service levels described in the provider’s contract with the 9-1-1 jurisdiction and the parties have been unable to resolve the dispute in accordance with the terms and conditions of the contract; and

(c) Certifies that the 9-1-1 jurisdiction has complied with all applicable federal, state and local laws, including, but not limited to, the Oregon Public Contracting Code.

(5) The Department provides all funds requested by 9-1-1 jurisdictions under ORS 403.240 for costs incurred for emergency communications services on a reimbursement basis. A request for reimbursement must be for costs incurred for products and services provided to the 9-1-1 jurisdiction in the previous calendar quarter or, for database development, network and on-premises equipment that satisfies the requirements of ORS 403.115(2) and (4), for costs incurred prior to the preceding calendar quarter. The Department may not provide reimbursement for products or services not provided to the 9-1-1 jurisdiction.

(6) The following costs of providing emergency communications service are paid directly or reimbursed from the 9-1-1 Subaccount of the Emergency Communications Account, subject to available funds:

(a) Costs of the Network Exchange Services necessary to provide the minimum grade of service defined in ORS 403.115; The secure network and associated components that deliver an emergency call from the caller to the primary PSAP with corresponding ANI and ALI information;

(b) Costs for CPE for a primary PSAP:

(A) Reimbursement for CPE for a primary PSAP that is customer-owned and maintained is subject to the Department’s review and approval;

(B) An Application Programming Interface to integrate ANI and ALI into a CAD system in use by a primary PSAP;

(D) Payment of costs for on-going maintenance of CPE for the primary PSAP following the expiration of the equipment’s warranty period must be made by submitting a copy of the maintenance contract with an itemized listing of hourly labor rates and equipment costs to the Department for approval.

(E) The Department may make payment directly to the vendor upon verification that the charges are for the CPE for the primary PSAP and services originally contracted for and that the vendor's hourly labor rate does not exceed the prevailing labor rate for similar communication equipment and services.

(F) All requests for reimbursement must be for hardware received, services rendered, or both. ODEM may not provide reimbursement for hardware or services to be provided at a future date.

(G) An instant playback recorder to record each incoming emergency call, preferably of a digital voice storage type with no moving parts and capable of storing at least 10 minutes of emergency calls;

(H) Mapping software and hardware that displays the location of an emergency calling party, from information in the ALI record and the capability of displaying street address and the latitude and longitude of the emergency calling party.

(I) Equipment allowing direct communication with the caller.

(J) Uninterruptible power supply systems for the components of an emergency communications system in the primary PSAP meeting the requirements of the ODEM Policy, Uninterrupted Power Supply (UPS).[1]

(K) Text-to-9-1-1 system upon prior approval by the Department.

(L) Any 9-1-1 jurisdiction or provider seeking reimbursement for MSAG or GIS services meeting the requirements of ODEM Policy, 9-1-1 GIS / MSAG Funding:

(M) Costs of consulting services related to a regional or statewide emergency communications system pursuant to contracts approved and entered into by the Department. Consulting costs are paid by the Department directly to the consultant.

(7) The Department provides a Statewide Enterprise Management Information System (MIS). A 9-1-1 jurisdiction may request access to the system. MIS provides various reports using a variety of user defined criteria that provide:

(a) ANI

(b) ALI

(d) Document the transfer of voice or data

(e) Document Selective Transfers

(f) Document TTY / TDD communications

(g) Document SMS Text-to-9-1-1 sessions

(h) Provide total of calls answered by position

(i) Provide average call ringing and call handling timer per position

(j) Document trunk usage for system performance

(k) Retrieve and display call detail data on demand

(l) Document agent answering performance for 9-1-1 calls

(m) Document 9-1-1 calls by trunk group

(n) Document number of abandoned calls

(o) Document agent average speed to answer at 1 to 10 seconds, 11 to 15 seconds, 16 to 20 seconds, 21 to 40 seconds, 41 to 60 seconds, 61 to 120 seconds and 120 seconds or more

(8) A request for reimbursement must be made using a process established by the Department.

(9) Failure to meet prerequisites or submit requests for reimbursement in a manner required by the Department may result in delay or denial of reimbursement.

[Publications [1]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://www.oregon.gov/oem/Documents/ups_policy.pdf

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 29-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018
OEM 1-2018, temporary amend filed 05/11/2018, effective 05/11/2018 through 11/06/2018
OEM 3-2015, f. & cert. ef. 12-1-15

Or. Admin. R. 104-080-0210 Variance

(1) A 9-1-1 jurisdiction may request a variance from these rules. Any variance from these rules, chapter 104, division 080, is subject to approval by the Department. Requests for a variance must identify from which division 080 rules, including rule section, the requester seeks a variance and include supporting documentation describing the equipment or services involved. The Department may require additional documentation or clarification at its discretion.

(2) The Department will review the request for a variance from these rules. The request for a variance must demonstrate how the equipment or services involved creates efficiency in business processes beyond the minimum service requirements for the 9-1-1 jurisdiction in the operation of the PSAP. The Department will notify the 9-1-1 jurisdiction in writing if the request for a variance is approved or rejected and describe the reason for the decision.

History

Statutory/Other Authority: ORS 403.120; 2015 HB 2426
Statutes/Other Implemented: ORS 403 & 2015 HB 2426
OEM 30-2023, minor correction filed 04/10/2023, effective 04/10/2023
OEM 3-2015, f. & cert. ef. 12-1-15

Division 95 STATEWIDE INTEROPERABILITY ASSESSMENT

Or. Admin. R. 104-095-0000 Purpose

The purpose of the Office of the Statewide Interoperability Coordinator (SWIC) is primarily to carry out the duties of ORS 403.460 in supporting the State Interoperability Executive Council, assisting the Council with updates to the Statewide Communications Interoperability Plan, engaging stakeholders, representing the state of Oregon in implementing objectives outlined in the plan in order to ensure communications operability, interoperability, and continuity of communications for emergency responders in this state, to administer the OR-Alert Program, and to support the SWIC’s role in disaster emergency communications.

History

Statutory/Other Authority: ORS 403.470, ORS 403.460 & ORS 403.475
Statutes/Other Implemented: ORS 403.470, ORS 403.460 & ORS 403.475
OEM 4-2026, adopt filed 08/24/2026, effective 08/24/2026

Or. Admin. R. 104-095-0010 Calculation and Collection of Statewide Interoperability Assessment

(1) Each biennium, OEM shall prepare an estimate of expenses necessary for administering the Office of the Statewide Interoperability Coordinator and support of the State Interoperability Executive Council based on current service levels, plus the addition of inflationary factors, any anticipated program changes, and required increases to salaries .

(2) OEM shall allocate an assessment against each public body in state government based on the legislatively adopted budget full time equivalent authorities of each assessed public body. Revenue collected under the Statewide Interoperability Assessment shall be credited to the Statewide Interoperability Fund as referenced in ORS 403.475.

(3) Actual assessment allocations against public bodies may be modified through legislative action. Assessments shall be billed on or about the month of September of odd number years and during the month of July during even numbered years.

History

Statutory/Other Authority: ORS 403.470, ORS 403.460 & ORS 403.475
Statutes/Other Implemented: ORS 403.470, ORS 403.460 & ORS 403.475
OEM 4-2026, adopt filed 08/24/2026, effective 08/24/2026