(1) As used in this section, ‘assembly occupancy’ means the use of a building or structure, or a portion of a building or structure, in a manner that is classified as an Assembly Group A occupancy under the structural specialty code described in ORS Chapter 455.

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(2) If the State Fire Marshal, or deputies, assistants as defined in ORS § 476.060, or the approved authority, as provided by ORS § 476.030 (3), upon examination or inspection finds that the number of persons present under an assembly occupancy is in excess of the maximum number of persons allowed at any one time as set forth in a capacity notice, the State Fire Marshal, or deputies, assistants as defined in ORS § 476.060, or the approved authority, as provided in ORS § 476.030 (3), may prohibit the assembly occupancy until compliance has been made.

(3) The owner of any building or structure for which an assembly occupancy is prohibited under subsection (2) of this section shall have immediate access to the circuit court for the county in which the building or structure is located for review of the order prohibiting the occupancy assembly. Such access may be in the form of any appropriate judicial proceeding and shall be given priority over all other cases on the docket of the circuit court.

(4) The prohibition provided for in subsection (2) of this section does not exclude any other remedies available to the State Fire Marshal, deputies, or approved authority, as provided by ORS § 476.030 (3). [1967 c.417 § 18; 1971 c.689 § 1; 1979 c.772 § 25; 1993 c.185 § 31; 2003 c.14 § 320; 2011 c.97 § 4]