Records Requests

Oregon coast with the words public records

The Department of the State Fire Marshal (Oregon State Fire Marshal, OSFM) responds to all official requests for public records as soon as practical and without unreasonable delay according to timelines outlined in ORS 192.324 and ORS 192.329.

Resources and Information

Making a Public Records Request

Choose a method to request public records:

Complete your request using our online request form.
Print a request form and mail the completed request to this address:
Oregon State Fire Marshal
Attn: Agency Records Officer
3991 Fairview Industrial Dr. SE
Salem, OR 97302

Requests must be received in writing. Please consider submitting your request using the online submission form for the quickest processing. Mailing will take longer to process.

Processing the Request

After receiving your request, the department will acknowledge receipt within five business days and provide you with an PRR number. If you do not receive a PRR number after submitting your request, please contact the Public Records Unit. You will be notified if a fee is associated with your request or if there are additional requirements for accessing reports that meet the criteria below for sensitive or confidential. If fees are required, records will be provided after payment is received. If no fees are required, the records will be provided as soon as they have been prepared.

Sensitive reports

Sensitive information includes hazardous substances with a hazard classification of explosive, radioactive, poisonous gas or material, and etiological/biological. This information is unavailable through the CHS Manager but can be released through a records request. It requires verification of your identity and must be specifically requested.

Confidential reports

Certain information reported by facilities is confidential in compliance with ORS 453.332 (4) and not released to the public, including trade secrets. It is available to first responders and other agencies for emergency planning and preparedness.

Confidential information includes:

Exact amount of hazardous substances stored (this information is provided to the public in ranges)
Storage location of hazardous substances
Trade secret substances

Calculating fees

The OSFM may charge fees for fulfilling public records requests according to the Statewide Policy on Public Records Requests Fees and Charges.

The OSFM has established fees reasonably calculated for reimbursing the actual cost of making the public records available. If the cost estimate is more than $25, the department will send the requestor a written cost estimate before proceeding with the request. Payment can be made by check, money order, or online by credit/debit card.

The following is a list of charges that are standard throughout the department:

Staff member time

The department waives fees for a minimum of 30 minutes of staff member time required to locate, produce, redact, or otherwise provide records. The hourly rate for additional staff member time is based on the skill level or expertise required to complete the work.

Clerical: $25 per hour (administrative, office specialists, other support staff members)
Managerial: $40 per hour (program managers, public information officers)
Professional: $75 per hour (information technology, human resources, high-level analyst)
DOJ, special attorney, and other applicable legal fees: At the actual hourly rate charged for public records request-related services. Fees are subject to statutory limitations described in ORS 192.324(4)(b).

Waiving fees

The department will evaluate requests to reduce or waive fees on a case-by-case basis. It will consider the cost of producing the information and whether making the records available primarily benefits the general public. A person who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the attorney general or the district attorney in the same manner as a petition when public record inspection is denied under ORS 192.410 to 192.505.

Production of Records

Records are typically provided in electronic format, most commonly via email. If you would like the records provided in one of the formats listed below or in a printed hard copy, please indicate that in your request. Costs for these formats are indicated below.

Copies: based on the current State of Oregon printing and distribution price list
Media (CD, DVD, flash drive): based on statewide price agreement with Office Max
Postage: based on current postage rates

Policy 105: Public Records Management

Download SOG (Print Access Only)

Note: The download file is for print only and may not meet accessibility standards. Download: OSFM Public Records Management Policy

Purpose

The goal of this policy is to ensure public records are managed and maintained appropriately within the Oregon Department of the State Fire Marshal (OSFM) and consistently across the enterprise of state government. This policy addresses the following components:

Public Records Maintenance
Roles and Responsibilities
Education and Training
Access and Ownership
Integrity
Retention, Generally
Storage and Retrieval
Public Records Requests
Disposition and Destruction of Public Records

Scope

OSFM will develop and implement internal processes and procedures that support compliance, deter abuse, and detect violations of this policy. This policy applies to all employees of the Department of the State Fire Marshal.

Policy

1. Public Records Maintenance

Public records must be maintained and managed in a manner that protects the integrity of the records within OSFM without regard to the technology or medium used to create or communicate the record, from the time of creation of a public record to the time of final disposition of the public record as determined by their authorized records retention schedule. The retention schedule may be found on the Oregon Secretary of State website.

2. Roles and Responsibilities

Oregon law requires agencies to designate an Agency Records Officer “to coordinate its agency’s Records Management Program” (ORS 192.105(2)(a)). The OSFM records officer will serve as primary liaison with the State Archivist and receive training from the State Archivist in performing their duties.

3. Division and Program Responsibilities

Each Division or Program area within OSFM will ensure agency public records created under or maintained within their control are managed in accordance with their authorized records retention schedules, from the time of creation to final disposition, and will assign designated staff to fulfill these requirements.

Examples of these duties include but may not be limited to:

Develop and implement a records file structure that is based upon the special records retention schedule for their specific Division or Program area.
Develop and implement a records file structure of general records limited to records filed at the Division or Program level.
Use best practices when naming new electronic records.
Monitor record retention requirements and purge expired records according to the schedule.
Assist Agency Records Officer with responding to public records requests.

4. Education and Training

Basic public records training will be completed as a component of OSFM new employee orientation training and incorporated as part of regular employee training, completed once a biennium.

5. Access and Ownership

Without regard to how public records are being stored, OSFM will have custody and control over public records. Through ongoing review of technological advances, OSFM will ensure all public records are maintained and accessible for as long as required by authorized retention schedules or litigation holds.

6. Disaster Mitigation

OSFM disaster mitigation process is addressed in the Department’s continuity plan.

7. Integrity

OSFM will ensure appropriate access and version controls are applied to all electronically stored records from record creation to final disposition. The authenticity of each record can be demonstrated either by certified copy of paper records or via accompanying metadata for all electronic records.

8. Retention, Generally

OSFM will preserve and classify public records according to ORS chapter 192, OAR chapter 166, and DAS Statewide Policy 107-004-050 regarding Information Asset Classification.

9. Archives Coordination

OSFM will work with the Archives Division to establish retention practices to ensure compliance with ORS chapter 192, OAR chapter 166 and the OSFM Special Retention schedule.

10. Cloud Computing

OSFM practices and procedures with respect to public records management in the Cloud will comply with the DAS Statewide Cloud Computing Policy 107-004-150 and OAR chapter 166.

Email

11. Official Email Accounts

In most circumstances, emails sent to or from a state employee’s official email account will meet the definition of a public record. Therefore, this policy requires that virtually all email messages composed or sent using employees’ official equipment or official email addresses be for primarily business purposes.

12. Public Records Requests and Email

When OSFM receives a public records request, all official email accounts and systems used for official state business are subject to search and production.

13. Personal Email Accounts

If employees must use personal email accounts to conduct state business, OSFM requires that employees copy their official email accounts on all such outgoing communications and forward any received messages on which their official email accounts are not copied, immediately or as soon as practicably possible.

14. Instant Messaging

OSFM policy regarding Instant Messages is the same as that recited below regarding Text Messaging. This section does not pertain to Microsoft Teams messaging (see section 15).

15. Microsoft Teams Messaging

Employees may use Microsoft Teams Messaging service to collaborate on agency business. Messages sent through Teams are discoverable as public record.

Social Media

16. Social Media Records

Any content OSFM places on any social media platform must be an accurate copy of an official record that is retained elsewhere by OSFM per the authorized records retention schedules.

17. OSFM | Social Media Plan

A. Agency Use Policy

List of Approved Social Media platforms: Facebook, Twitter, Instagram, YouTube.
Additional platforms may only be approved by Public Affairs Director, CIO, and the State Marshal.

B. List of Official Agency Social Media Sites

https://www.facebook.com/OregonStateFireMarshal/
https://twitter.com/OSFM
https://www.instagram.com/oregonstatefiremarshal/
https://www.youtube.com/channel/UCq60rxrO3SvHpficCrO9Rew

C. Records Management and Site Monitoring Protocols

Agency generated content is published by the Public Affairs unit staff.
Both agency generated content and user generated content for all OSFM social media platforms is captured and retained using Archive Social.
Public Affairs staff may retrieve records retained through Archive Social.

Text Messaging

18. Acceptable Use

OSFM employees may use text messaging to communicate factual and logistical information related to official state business, only if that information has been documented elsewhere or will be documented and retained as a separate public record according to the agency’s authorized records retention schedule.

19. Limitations

In the absence of separate documentation, OSFM employees are not to use text messages for official purposes other than for routine communications that do not meet the definition of a public record as provided in ORS 192.005(5).

20. Examples of Acceptable Uses

Scheduling.
Requesting a call or email on a matter, without substantive discussion.
Requesting or offering logistical assistance (“Can you help me get these boxes to the Capitol?”).
Explaining your current whereabouts or inquiring about someone else’s (“We’re at the meeting discussing this morning’s announcement. Are you around?”).

21. Unacceptable Use

OSFM employees must avoid communicating official state business or engaging in discussions regarding the primary business of their work over text message.

22. Conversion to Public Record

If, notwithstanding this policy, an employee uses text message to communicate information (not otherwise documented) relating to official state business or the primary business of their work, such discussion is to be immediately converted and saved in a separate public record format (e.g., by forwarding the relevant text messages to their official state email).

23. Retention of Text Messages

Because OSFM requires that no text message-based public records be created — or if they are created, that they be converted and saved in an alternate format which would serve as the official copy of the record — OSFM will not retain text messages.

24. Personal Devices

OSFM employees’ personal electronic devices should not be used to transmit text messages related to state business. Personal devices are subject to search if used to transmit text messages regarding official state business or information related to an employee’s work that rises to the level of creating a public record.

25. Voicemail

Unless otherwise required, OSFM will not retain messages on voicemail.

26. Voicemail Transcriptions

Email transcriptions of voicemails that are determined to be public records will be retained according to authorized records retention schedules and may be subject to public disclosure upon request.

Storage and Retrieval

27. Paper Records

OSFM will maintain a filing system of the agency’s paper records based on authorized retention schedules. The filing system will include the location of records, retention periods, and procedures for retrieval to ensure accessibility of agency records.

28. Electronic Records

OSFM will maintain a filing system and naming conventions for all agency records stored in electronic format based on the agency’s authorized retention schedules. The filing system and naming conventions will include the location of records in agency directories, retention periods, access controls, and privacy conditions to support management of the agency’s inventory of electronic records.

29. Coordination with State Archivist

OSFM will work with the State Archivist to ensure the agency meets retention periods for all records before any data is destroyed and prior to deleting any large electronic record system.

30. Public Records Requests

OSFM will respond to all official requests for public records as soon as practicable and without unreasonable delay, according to timelines outlined in ORS 192.324 and ORS 192.329.

31. Public Records Request Procedures

OSFM procedures for managing public records requests are incorporated in OSFM SOG A-12.

32. Disposition and Destruction of Public Records

OSFM will dispose of or destroy public records according to the requirements of authorized records retention schedules and OAR chapter 166.

33. Consultation with State Archivist

Pursuant to ORS 357.855, OSFM employees will consult the State Archivist for advice and assistance with determining the disposition of certain record types not accounted for in State Agency General or Special Retention Schedules and reconciling unforeseen public records issues.

Definitions

34. Authorized Retention Schedule

Either a General Schedule published by the State Archivist in the OAR in which certain common public records are described or listed by title and a retention period is established for each; or a Special Schedule approved by the State Archivist for the public records of a specific agency.

35. Cloud-computing

Has the meaning established in the National Institute of Standards and Technology (NIST) Special Publication 800-145.

36. Custodian

A public body mandated, directly or indirectly, to create, maintain, care for, or control a public record. “Custodian” does not include a public body that has custody of a public record as an agent of another public body that is the custodian, unless the public record is not otherwise available.

37. Instant Messaging

Real-time text communications between or among computers or mobile devices over the internet or functionally similar communications networks.

38. Metadata

Data that provides information about other data. Metadata assists in resource discovery by allowing resources to be found by relevant criteria, identifying resources, bringing similar resources together, distinguishing dissimilar resources, and giving location information.

39. Public Record

Has the meaning established in ORS 192.005. In general, it refers to information that is prepared, owned, used, or retained by a state agency or political subdivision; relates to an activity, transaction, or function of a state agency or political subdivision; and is necessary to satisfy the fiscal, legal, administrative, or historical policies, requirements, or needs of the state agency or political subdivision. Refer to the Secretary of State’s guide for determination of a public record.

40. Social Media

Web-based and mobile communication technologies that allow the creation and exchange of user-generated content such as comments or responsive postings. Examples of social media include but are not limited to Twitter, Flickr, blogging sites, Facebook, YouTube, and Instagram.

41. Text Messaging

Messages exchanged between fixed-line phones or mobile phones and fixed or portable devices over a network. Excluded from the definition of text messages are electronic mail (email) communications, whether such messages are exchanged among or between official state government email accounts or email accounts maintained by private entities.