2007 Oregon Code - Chapter 476 :: TITLE 38
TITLE 38
PROTECTION
FROM FIRE
Chapter 476. State Fire Marshal; Protection From Fire
Generally
477. Fire Protection of Forests and Vegetation
478. Rural Fire Protection Districts
479. Protection of Buildings From Fire;
Electrical Safety Law
480. Explosives; Flammable Materials; Pressure
Vessels
_______________
Chapter 476
State Fire Marshal; Protection From Fire Generally
2007 EDITION
STATE FIRE MARSHAL; PROTECTION FROM FIRE
PROTECTION FROM FIRE
GENERAL PROVISIONS
476.005 Definitions
476.010 Additional
definitions
STATE FIRE MARSHAL; POWERS AND DUTIES
476.020 State
Fire Marshal; appointment; qualifications
476.030 Powers
and duties of marshal and deputies generally; rules; exemption of certain
governmental subdivisions; inspection of adult foster homes
476.033 Discretionary
powers of State Fire Marshal
476.035 Adjustments
and variances in application of statutes and regulations
476.040 Deputies
and assistants
476.050 Payment
of salaries and expenses
476.055 State
Fire Marshal Fund; uses
476.060 Local
officers and constables as assistants to State Fire Marshal
476.070 Entering
buildings and premises
476.090 Records
of fires
476.110 State
police to enforce fire laws
476.113 Designation
of regions; regional appeal advisory boards; qualifications of members
476.115 Functions
of regional appeal advisory boards; reports submitted to board
476.120 Minimum
standards for protection of life and property
476.130 Statistical
reports; price; sale; deposit of proceeds
INSPECTION PROCEDURES
476.150 Entry
and inspection of premises; interfering with or preventing entry prohibited
476.155 When
judges authorized to issue inspection warrants
476.160 Circumstances
under which warrant may be issued
476.165 Establishing
cause to issue warrant; content
476.170 Execution
of warrant
INVESTIGATION OF FIRES; REPORTS
476.210 Investigation
of fires by municipal officers and constables; reports; exemption
476.220 Report
by officer investigating fire; exemption
476.230 Taking
statements of persons knowing facts
476.240 Supplying
information to and requesting action by district attorney
476.250 District
attorney summoning witnesses and requiring production of documents
476.260 District
attorney assisting investigation of fires
476.270 Insurance
company reports of suspicious fires; inspection of companys relevant
information
EXTINGUISHING FIRES IN UNPROTECTED AREAS
476.280 Municipal
fire departments and rural fire protection districts authorized to extinguish
fires in unprotected areas
476.290 Billing
owner of property for cost of extinguishing fire; cost limited; collection;
action for recovery of cost
FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED
476.310 Zoning
and rezoning of certain lands; hearing on petition of owners in nonzoned
territory; duty of landowner to provide fire protection
476.320 Determination
of form of fire protection for lands in zone 1; costs
476.330 Prevention
and control of fires in zone 2; tax levy
476.340 Establishment
of rural fire protection districts in zone 2; exemption from taxation of
property included in district
476.380 Fire
permits; limitations upon burning; records
STANDARDIZATION OF FIRE PROTECTION EQUIPMENT
476.410 Standard
thread hose couplings and hydrant fittings required
476.420 Standardization
of existing fire protection equipment; exemption
476.430 Changing
private equipment
476.440
PROTECTION OF LIFE AND PROPERTY FROM FIRE IN
CASE OF EMERGENCY
476.510 Short
title
476.515 Other
officers authorized to act when Governor unavailable
476.520 Governor
authorized to assign fire-fighting forces and equipment
476.530 Chief
executive of political subdivision to assign forces and equipment; federal
equipment
476.540 Powers
and duties of fire-fighting forces
476.550 Loss
or damage to equipment
476.560 Reimbursement
for aid
476.570 Appointment
of substitute firefighters; recall of off-duty firefighters
476.574 Leave
of absence for volunteers; employment rights
476.576 Violation
of job restoration rights of volunteers as unlawful employment practice
476.580 Orders,
rules and regulations
476.590 Preparation
of plans by State Fire Marshal; advice and counsel to Governor
476.600 Liability
for injury to person or property
476.610 Payment
of claims
GOVERNORS FIRE SERVICE POLICY COUNCIL
476.680 Governors
Fire Service Policy Council; membership; terms; duties
476.685 Biennial
reports
MISCELLANEOUS PROVISIONS
476.710 Setting
fires adjacent to structures or timber on ocean shore prohibited; exceptions
476.715 Throwing
away of lighted matches, cigarettes and other materials prohibited; posting
copy of section in public conveyances
476.720 Certain
remedial statutes to be construed liberally
476.730 Notice
prior to release or after escape of arsonist from state institution
REDUCED IGNITION PROPENSITY CIGARETTES
476.755 Definitions
for ORS 476.755 to 476.790 and 476.995
476.760 Prohibition
against distributing or offering certain cigarettes; improper packaging
markings; seizure and forfeiture; interagency agreements; inspections; rules
476.765 Imposition
of civil penalties; bringing of actions
476.770 Determination
of cigarette variety ignition propensity; reduced ignition propensity standard;
listing; cigarette design; rules
476.775 Laboratories;
ignition propensity testing
476.780 Cigarette
variety certification by manufacturer; retesting; record retention; unfavorable
determination by State Fire Marshal
476.785 Cigarette
packaging markings
476.790 Providing
copies of cigarette certification and illustration of packaging markings
476.795 Interpretation
of ORS 476.755 to 476.790 and 476.995
476.801 Cigarette
varieties not subject to ORS 476.755 to 476.790 and 476.995
476.806 Cigarette
Fire Safety Fund
FIRE PROTECTION EQUIPMENT LOAN FUND
476.900 Application
by certain cities and rural fire protection districts to borrow money from loan
fund
476.905 Approval
of application by State Fire Marshal
476.910 Loan
agreement; terms; conditions
476.915 Source
of revenue to repay loan
476.920 Rules;
acceptance of gifts, donations and grants
476.925 Fire
Protection Equipment Loan Fund; uses
PENALTIES
476.990 Penalties
476.995 Penalty
for violation of ORS 476.760
GENERAL PROVISIONS
476.005
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) Fire protection equipment means any
apparatus, machinery or appliance intended for use by a fire service unit in
fire prevention or suppression activities, excepting forest fire protection
equipment.
(2) Governmental subdivisions means a
city, county or rural fire protection district in this state whose functions
include regulation of building use and occupancy and the administration of fire
safety laws, ordinances and regulations. [Formerly 476.800; 1985 c.118 §1; 1993
c.185 §24]
476.010
Additional definitions. (1)
As used in ORS 476.010 to 476.115, 476.150 to 476.170 and 476.210 to 476.270, alterations,
construction, family, hospital, occupancy and private residence have
the meanings given those terms in ORS 479.168.
(2) As used in ORS 476.030 and other laws
relating to the duties of the State Fire Marshal, governmental subdivision
means a city, county, municipal corporation, quasi-municipal corporation and
rural fire protection district, created under the laws of
(3) As used in ORS 476.380:
(a) Commercial waste:
(A) Means any waste produced in any
business involving the lease or sale, including wholesale and retail, of goods
or services, including but not limited to housing.
(B) Means any waste produced by a
governmental, educational or charitable institution.
(C) Does not include any waste produced in
a dwelling containing four living units or less.
(b) Demolition material means any waste
resulting from the complete or partial destruction of any man-made structure,
such as a house, apartment, commercial building or industrial building.
(c) Domestic waste means any
nonputrescible waste, consisting of combustible materials, such as paper,
cardboard, yard clippings, wood or similar materials, generated in a dwelling,
including the real property upon which it is situated, containing four living
units or less.
(d) Field burning means the burning of
any grass field, grain field, pasture, rangeland or other field by open burning
or by use of mobile equipment or flaming equipment on any land or vegetation.
(e) Industrial waste means any waste
resulting from any process or activity of manufacturing or construction.
(f) Land clearing debris means any waste
generated by the removal of debris, logs, trees, brush or demolition material
from any site in preparation for land improvement or construction projects.
(g) Open burning means any burning
conducted in such a manner that combustion air is not effectively controlled
and that combustion products are not vented through a stack or chimney,
including but not limited to burning conducted in open outdoor fires, common
burn barrels and backyard incinerators. [Subsection (2) formerly part of
476.030; 1975 c.635 §1; 2005 c.22 §353]
STATE FIRE
MARSHAL; POWERS AND DUTIES
476.020
State Fire Marshal; appointment; qualifications. (1) The office of State Fire Marshal is
established in the Department of State Police. The State Fire Marshal shall be
appointed by and be administratively responsible to the Superintendent of State
Police, and shall serve at the pleasure of the superintendent. The State Fire
Marshal shall retain all current authority of the office and shall be
responsible for the implementation of its mission and programs.
(2) The State Fire Marshal shall be
qualified to direct the technical and executive work of the agency as
determined by the superintendent and shall have education or training related
to the programs of the agency and significant experience in managing fire
protection or related programs. [Amended by 1963 c.523 §1; 1971 c.753 §54; 1987
c.414 §79; 1993 c.186 §1]
476.030
Powers and duties of marshal and deputies generally; rules; exemption of
certain governmental subdivisions; inspection of adult foster homes. (1) The State Fire Marshal shall enforce all
statutes, and make rules relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles
and explosives.
(c) The maintenance and regulation of
structural fire safety features in occupied structures and overseeing the
safety of and directing the means and adequacy of exit in case of fire from
factories, asylums, hospitals, churches, schools, halls, theaters,
amphitheaters, all buildings, except private residences, which are occupied for
sleeping purposes, and all other places where large numbers of persons work,
live or congregate from time to time for any purpose except that structural
changes shall not be required in buildings built, occupied and maintained in
conformity with state building code regulations applicable at the time of
construction.
(d) Standards for equipment used for fire
protection purposes within this state including standard thread for fire hose
couplings and hydrant fittings.
(2) The State Fire Marshal and deputies
shall have such powers and perform such other duties as are prescribed by law.
(3) If, in the opinion of the State Fire
Marshal, a governmental subdivision of the state has enacted adequate
regulations generally conforming to state and national standards concerning
fire prevention, fire safety measures and building construction requirements
for safety, and if the governmental subdivision provides reasonable enforcement
of its regulations, the State Fire Marshal may exempt the area subject to such
regulation either partially or fully from the statutes, rules and regulations
administered by the State Fire Marshal. Prior to adoption of any such
exemption, the State Fire Marshal may request from the Department of Public
Safety Standards and Training consideration of and recommendations regarding
the exemption. The exemption may extend for a two-year period, and may be
renewed from time to time, but may be canceled by the State Fire Marshal
following 30 days written notice if the State Fire Marshal finds that the governmental
subdivisions regulations or enforcement thereof are not reasonably sufficient.
The governmental subdivision shall furnish a copy of such regulations to the
State Fire Marshal and shall file with the State Fire Marshal any amendment
thereto within 30 days before the effective date of such amendment. The State
Fire Marshal shall designate a person or division within such governmental
subdivision as an approved authority for exercising functions relating to fire
prevention, fire safety measures and building construction. Upon request of a
local official having enforcement responsibility and a showing of unusual fire
hazard or other special circumstances, the State Fire Marshal shall make
investigation and appropriate recommendations.
(4) The State Fire Marshal may investigate
or cause an investigation to be made to determine the probable cause, origin
and circumstances of any fire and shall classify such findings as the State
Fire Marshal may find appropriate to promote fire protection and prevention.
(5) The State Fire Marshal shall provide
training in fire safety inspection to the Department of Human Services, area
agencies, community mental health and developmental disabilities programs and
to designees of the Long Term Care Ombudsman. If an adult foster home has been
inspected by the Department of Human Services, an area agency or community
mental health and developmental disabilities program and the agency conducting
the inspection reasonably believes that the adult foster home is not in compliance
with applicable fire safety rules, the agency conducting the inspection may
request the State Fire Marshal to inspect or cause an inspection to be made. If
a designee of the Long Term Care Ombudsman, in the course of visiting an adult
foster home, believes that the adult foster home is not in compliance with
applicable fire safety rules, the designee shall report the problem to the
appropriate agency to request a fire safety inspection by the office of the
State Fire Marshal or by a designated representative of the office of the State
Fire Marshal.
(6) Upon the request of the Department of
Human Services, an area agency or community mental health and developmental
disabilities program, the State Fire Marshal shall inspect or cause an
inspection to be made to determine if the adult foster home is in compliance
with rules jointly adopted by the Department of Human Services and the State
Fire Marshal establishing fire safety standards for adult foster homes.
(7) As used in subsections (5) and (6) of
this section:
(a) Adult foster home has the meaning
given that term in ORS 443.705.
(b) Area agency has the meaning given
that term in ORS 410.040.
(c) Community mental health and
developmental disabilities program means a program established under ORS
430.620. [Amended by 1957 c.265 §1; 1963 c.523 §5; 1965 c.602 §1; part
renumbered as part of 476.010; 1967 c.417 §1; 1973 c.667 §16; 1977 c.821 §3;
1985 c.118 §2; 1985 c.726 §18; 1989 c.696 §1; 1993 c.185 §25; 1997 c.13 §1;
1997 c.853 §40; 2001 c.900 §206]
476.033
Discretionary powers of State Fire Marshal. The State Fire Marshal may:
(1) Contract or otherwise cooperate with
any person or public agency for the procurement of necessary services or
property;
(2) Accept gifts or grants of services or
property; and
(3) Perform such other duties as required
by law. [Formerly 476.855]
Note: 476.033 was added to and made a part of ORS
chapter 476 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
476.035
Adjustments and variances in application of statutes and regulations. When the State Fire Marshal finds that
practical difficulties, unnecessary hardship or consequences inconsistent with
the general purposes of statutes and regulations administered by the State Fire
Marshal relating to fire protection and fire prevention may result under the
provisions of such statutes and regulations, the State Fire Marshal may upon
receipt of a verified application from the owner or occupant of the property
affected stating fully the grounds of the application and facts relied upon,
and upon further investigation, grant adjustments or variances with such
conditions and safeguards as the State Fire Marshal may determine in harmony
with the general purpose and intent and spirit of such fire protection and fire
prevention statutes and regulations, so that the public health, safety and
welfare shall be secured and substantial justice done. Such adjustments or
variances shall be restricted to unique, unusual or peculiar circumstances or
substitute materials or arrangements. The State Fire Marshal may refer the
application to a regional appeal advisory board created under ORS 476.113 and
476.115 for recommendation prior to making a decision. Except as otherwise
specified by law the order of the State Fire Marshal granting or denying a
variance shall be final and conclusive. [1965 c.602 §6]
Note: 476.035 was added to and made a part of
476.010 to 476.115 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
476.040
Deputies and assistants. The
State Fire Marshal shall appoint a chief deputy state fire marshal and deputy
state fire marshals whose duties shall be to assist in carrying into effect the
provisions of ORS 476.010 to 476.090 and 476.155 to 476.170, 476.210 to
476.270, 479.140 and 479.168 to 479.190. The State Fire Marshal may also employ
such other assistants and employees and incur such other expenses as the State
Fire Marshal may deem necessary in carrying into effect these provisions. The
State Fire Marshal may remove any deputies or assistants for cause. [Amended by
1963 c.523 §6; 1985 c.118 §3; 1993 c.185 §26]
476.050
Payment of salaries and expenses. The salary of the chief deputy state fire marshal, deputy state fire
marshals, compensation of clerks and other assistants and other expenses of the
office of State Fire Marshal necessary in the performance of the duties imposed
upon the State Fire Marshal shall be paid in the same manner as are other state
officers and the expenses of other state departments, and shall not exceed the
amount paid to the State Treasurer for the maintenance of the office of State
Fire Marshal. [Amended by 1953 c.93 §1; 1987 c.414 §156]
476.055
State Fire Marshal Fund; uses.
(1) All moneys received by the State Fire Marshal shall be paid into the State
Treasury, and shall be placed by the State Treasurer to the credit of the State
Fire Marshal Fund, except those moneys received and accounted for under the
provisions of ORS 279A.290.
(2) Except as otherwise provided by this
section, moneys in the State Fire Marshal Fund shall be available and
constitute a continuing appropriation for the payment of any expense of the
State Fire Marshal and for the payment of expenses of the Department of Public
Safety Standards and Training and the Board on Public Safety Standards and
Training relating to training programs concerning fire services and
accreditation of fire service professionals. The State Fire Marshal shall keep
on file an itemized statement of all expenses incurred by the State Fire
Marshal and shall approve all disbursements as submitted for payment.
Administrative expenditures made from the State Fire Marshal Fund shall not exceed
a reasonable amount for the services performed. [1953 c.93 §2; 1953 c.199 §2;
1965 c.602 §2; 1967 c.359 §694; 1967 c.417 §2; 1973 c.832 §§6,6a; 1977 c.104 §1;
1985 c.118 §4; 1987 c.414 §157; 1993 c.185 §27; 1993 c.186 §6; 1997 c.853 §41;
2003 c.794 §298]
476.057 [1980 c.15 §1; repealed by 1985 c.383 §1]
476.060
Local officers and constables as assistants to State Fire Marshal. (1) All fire marshals in those governmental
subdivisions having such officers, and where no such officer exists, the chief
of the fire department of every city or rural fire protection district in which
a fire department is established, the marshal or chief of police, officer of
any city in which no fire department exists, and constables, if any, shall be,
by virtue of the offices held by them, assistants to the State Fire Marshal
without additional recompense, subject to the duties and obligations imposed by
law, and shall be subject to the direction of the State Fire Marshal in the
execution of the provisions of this section and ORS 476.070, 476.090, 476.150,
476.210 and 480.445.
(2) In addition to other duties under
subsection (1) of this section, an individual designated as an assistant to the
State Fire Marshal shall aid in the administration and enforcement of ORS
480.200 to 480.290 and 480.990 (6) upon the request of the State Fire Marshal. [Amended
by 1965 c.602 §3; 1971 c.518 §22; 1983 c.740 §188; 1987 c.158 §103; 2005 c.88 §4]
476.070
Entering buildings and premises. The State Fire Marshal, the deputies or assistants of the State Fire
Marshal, or any of them, may:
(1) At all reasonable hours, in
performance of the duties imposed by the provisions of ORS 476.030, enter upon
and examine any building or premises wherein fire has occurred, and other
buildings or premises adjoining or near the same.
(2) For just cause and for the purpose of
examination, enter, at all reasonable hours, in and upon all buildings and
premises within their jurisdiction.
476.080 [Amended by 1973 c.834 §32; renumbered
476.150 in 1987]
476.090
Records of fires. (1) The
State Fire Marshal shall keep a record of all fires occurring in this state and
of all facts concerning the same, including statistics as to the extent of such
fires and the damage caused, whether such losses were covered by insurance, and
if so, in what amount. All such records shall be public, except any testimony,
information or other evidence taken in an investigation under ORS 476.010 to
476.090, 476.155 to 476.170, 476.210 to 476.270 and 479.180, which shall be
considered investigatory information as described in ORS 192.501.
(2) This section shall not apply to
forestlands under the jurisdiction of the State Forester. [Amended by 1967
c.417 §3; 1981 c.701 §1]
476.100 [Amended by 1973 c.832 §§7,7a; 1977 c.104 §2;
repealed by 1987 c.414 §172]
476.110
State police to enforce fire laws. The Department of State Police shall employ a sufficient number of
state police who shall perform the duties of enforcement of criminal laws and
other statutes of
476.113
Designation of regions; regional appeal advisory boards; qualifications of
members. (1) The State Fire
Marshal may by order from time to time designate not more than seven regions
within the state and establish regional appeal advisory boards for each of the
designated regions.
(2) Each regional appeal advisory board
shall consist of three regular members and three alternate members appointed by
the State Fire Marshal. A member or alternate member of a regional appeal
advisory board shall receive no compensation for services as a member, but,
subject to any other applicable law regulating travel and other expenses for
state offices, shall receive actual and necessary travel and other expenses
incurred in the performance of official duties. All appointed members must be
persons qualified by experience and training. At least one member of each board
must be a qualified architect who has practiced the profession for at least two
years. Appointments shall be made for three-year terms. Any member may be
removed by the State Fire Marshal for cause. Upon the death, resignation or
removal of any member, a successor shall be appointed by the State Fire Marshal
to serve the balance of the unexpired term. No member of a regional appeal
advisory board shall sit in a case in which the member is interested and if any
such case comes before the board, an alternate shall act in the place of the
member. [1965 c.602 §7(1),(2); 2005 c.22 §354]
476.115
Functions of regional appeal advisory boards; reports submitted to board. (1) Each regional appeal advisory board
shall:
(a) Elect a chairperson to whom referral
of any matter by the State Fire Marshal shall be effective as to all board
members, and who shall call and preside over meetings.
(b) Consider, and make recommendations to
the State Fire Marshal concerning, any application for adjustment or variance
arising within that region and referred to the board by the State Fire Marshal
within 15 days after such referral. With relation to the referred matter the
board may hold a hearing and receive testimony. The recommendations of the
board shall be made in writing to the State Fire Marshal and shall be
accompanied by a summary of any testimony received, any documentary or physical
evidence received, any affidavit submitted by applicant and a summary of any
special facts found by the board.
(c) Hear and consider, and make
recommendations to the State Fire Marshal concerning, any appeal from an order
made appealable by law, within 15 days after referral of such appeal to the
board by the State Fire Marshal. Such recommendations shall be accompanied by
the same summaries and evidentiary matter as in the case of an application for
adjustment or variance referred to the board.
(d) Make recommendations to the State Fire
Marshal concerning any matter referred to the board by the State Fire Marshal
or considered by the board on its own motion, relating to fire prevention,
protection from fire or other safety measures.
(2) At the time of each appeals board
meeting a deputy state fire marshal shall submit to the board a report
containing the pertinent facts and the manner in which the statutes or
regulations apply to the case in point. [1965 c.602 §7(3)]
476.120
Minimum standards for protection of life and property. The State Fire Marshal, in making rules and
regulations establishing minimum standards for the protection of life and
property against fire, shall consider as evidence of generally accepted
standards the applicable standards prescribed from time to time by the National
Fire Protection Association. The State Fire Marshal may request consideration
and recommendations from the Department of Public Safety Standards and Training
before adopting any such regulations. [1963 c.523 §4; 1967 c.417 §5; 1973 c.667
§19; 1993 c.185 §28; 1997 c.853 §42]
476.130
Statistical reports; price; sale; deposit of proceeds. (1) The State Fire Marshal may from time to
time cause to be prepared statistical reports on the history and condition of
state fire defenses, and an analysis of contributing factors of fire causes for
the period of the report. Such reports may be printed at the expense of the
office of the State Fire Marshal and sold at a price not to exceed cost of
printing and distribution. Receipts from the sale of such material shall be
deposited with the State Treasurer and shall be placed in the State Fire
Marshal Fund.
(2) The State Fire Marshal may fix a sale
price for each copy of any publication of the office of the State Fire Marshal
supplied to private persons interested therein, when such publication has been
approved as provided by law. [1965 c.602 §8]
INSPECTION PROCEDURES
476.150
Entry and inspection of premises; interfering with or preventing entry
prohibited. (1) The State
Fire Marshal and deputies, at all reasonable hours, may enter into all
buildings and upon all premises, except private residences, for the purpose of
inspection to ascertain if fire hazards exist therein or thereon. Owners of
private residences may request a fire inspection of their property.
(2) No person shall interfere with or
prevent any such inspection by such officers.
(3) When any person interferes with or
prevents the State Fire Marshal or deputies from making the inspection
mentioned herein, the officer shall apply to the district attorney of the
county wherein the inspection was made or attempted to be made, for a warrant
for the arrest of the offending person, and it shall be the duty of such
district attorney forthwith to prosecute such offending person. [Formerly
476.080]
476.155
When judges authorized to issue inspection warrants. Judges authorized by law to issue search
warrants, upon application of the State Fire Marshal, or deputies or assistants
of the State Fire Marshal, may issue an inspection warrant whenever an
inspection or investigation of any building or premises is required or
authorized by any state or local statute, ordinance or rule relating to fire
cause investigation or fire safety inspection. [1987 c.362 §2]
476.160
Circumstances under which warrant may be issued. (1) An inspection warrant shall be issued
only upon cause, supported by affidavit, particularly describing the applicants
status in applying for the warrant, the statute, ordinance or rule requiring or
authorizing the inspection or investigation, the place, building or premises to
be inspected or investigated and the purpose for which the inspection or
investigation is to be made including the basis upon which cause exists to
inspect. In addition, the affidavit shall contain either a statement that entry
had been sought and refused or facts or circumstances reasonably showing that
the purposes of the inspection or investigation might be jeopardized if entry
were sought without an inspection warrant.
(2) Cause shall be deemed to exist in the
following circumstances:
(a) There is probable cause to believe
that a condition of nonconformity with a fire safety standard or order exists;
(b) A fire has occurred in a building or
on premises the cause of which has not been determined; or
(c) For the purpose of carrying out a
routine, periodic inspection. [1987 c.362 §3]
476.165
Establishing cause to issue warrant; content. (1) Before issuing an inspection warrant, the judge may examine under
oath the applicant or any other witness to be satisfied of the existence of
grounds for granting such application.
(2) If the judge is satisfied that cause
for the inspection or investigation exists and that the other requirements for
granting the application are satisfied, the judge shall issue the warrant,
particularly describing the name and title of the person or persons authorized
to execute the warrant, the building or premises to be entered and the purpose
of the inspection or investigation. The warrant shall contain a direction that
it be executed as provided for in ORS 476.070 and 476.150. [1987 c.362 §4]
476.170
Execution of warrant. (1)
Except as provided in subsection (2) of this section, in executing an
inspection warrant, the person authorized to execute the warrant, before entry,
shall make a reasonable effort to present the persons credentials, authority
and purpose to an occupant or person in possession of the building or premises
and present the warrant or a copy thereof.
(2) An inspection warrant must be executed
and returned to the court by whom it was issued within 10 days from its date,
unless such court before the expiration of such time, by indorsement thereon,
extends the time for five days. After the expiration of the time prescribed by
this subsection, the warrant unless executed is void. [1987 c.362 §5]
INVESTIGATION
OF FIRES; REPORTS
476.210
Investigation of fires by municipal officers and constables; reports;
exemption. (1) The municipal
fire marshals, fire department chiefs, constables and other officers referred
to in ORS 476.060 shall investigate the cause, origin and circumstances of each
fire occurring in their respective cities, villages or townships, by which
property has been destroyed or damaged, and shall make an investigation to
determine whether the fire was the result of carelessness or design. The
investigation shall be commenced immediately after the occurrence of the fire. The
State Fire Marshal may superintend and direct the investigation if the State
Fire Marshal deems it necessary.
(2) The fire chief of every city, or rural
fire protection district shall provide the State Fire Marshal with a full
report of every fire occurring within the jurisdiction of the fire chief on a
form provided or approved by the State Fire Marshal. Whenever the fire chief of
every city under 200,000 population finds any fire is of undetermined or
suspicious origin or involves a death or serious injury, the fire chief shall
immediately notify the State Fire Marshal or a deputy state fire marshal and
shall assemble all known facts and circumstances concerning the fire in an
approved report form and shall submit such report to the State Fire Marshal, or
the deputy state fire marshal assigned to the territory in which the fire
originated. When evidence clearly indicates the cause of fire to be of
incendiary origin, the fire chief shall also immediately notify the state,
county or municipal police agency.
(3) This section shall not apply to
forestlands under the jurisdiction of the State Forester. [Amended by 1965
c.602 §9; 1967 c.417 §6]
476.220
Report by officer investigating fire; exemption. (1) The officer making an investigation of a
fire occurring in a city, village or township shall forthwith notify the State
Fire Marshal and, within one week of the occurrence of the fire, shall furnish
the State Fire Marshal a written statement of all facts relating to its cause
and origin, and such other information as is required by forms provided by the
State Fire Marshal.
(2) This section shall not apply to
forestland under the jurisdiction of the State Forester. [Amended by 1967 c.417
§7]
476.230
Taking statements of persons knowing facts. If in the opinion of the State Fire Marshal further investigation is
necessary, the State Fire Marshal or deputy state fire marshal, with the
assistance of the district attorney, shall then proceed to take or have taken
the statements of all persons supposed to be cognizant of any facts or who have
means of knowledge in relation to the matter concerning which the examination
is required and have such statements reduced to writing.
476.240
Supplying information to and requesting action by district attorney. If the Superintendent of State Police or an
authorized assistant is of the opinion that there is evidence sufficient to
charge a person with arson, burning with intent to defraud or prejudice the
insurer, or a similar crime, the Superintendent of State Police or authorized
assistant shall furnish the district attorney with such evidence, with the
names of witnesses and a copy of material testimony taken in the case, and
request the district attorney to cause the arrest of such person or take such
other action as the district attorney deems necessary or advisable. [Amended by
1965 c.602 §10; 1967 c.417 §8]
476.250
District attorney summoning witnesses and requiring production of documents. The district attorney may at the discretion
of the district attorney, upon the application of the State Fire Marshal or
chief deputy state fire marshal, issue a subpoena to summon the attendance of
witnesses before the district attorney to testify in relation to any matter
which by law is a subject of inquiry and investigation, and require the
production of any books, papers or documents the district attorney deems
pertinent to an investigation of or relating to evidence pertaining to the
cause of a fire. [Amended by 1967 c.417 §9]
476.260
District attorney assisting investigation of fires. The district attorney of any county, upon
request of the state, county or a municipal police agency, shall assist such
officers in the investigation of any fire which in their opinion is of
incendiary origin. [Amended by 1967 c.417 §10]
476.270
Insurance company reports of suspicious fires; inspection of companys relevant
information. (1) If an
insurance company has reason to believe that a fire loss to its assureds real
or personal property was caused by incendiary means, the company shall immediately
make a report to the office of the State Fire Marshal. The report shall
indicate the name of the assured, the date of the fire, location, occupancy,
and facts and circumstances coming to the companys knowledge, tending to
establish the cause or origin of the fire.
(2) Any federal, state or local public
official or authorized agent thereof having legal authority to investigate a
fire loss of real or personal property may request any insurance company to
provide relevant information in its possession pertaining to that loss. Upon
request, the company shall release such information to the official who
requests it. For purposes of this subsection, relevant information means
information having any tendency to make the existence of any fact that is of
consequence to the investigation more probable or less probable.
(3) In the absence of fraud or malice, no
insurance company or its authorized representative shall be liable for damages
in a civil action or subject to criminal prosecution for the release of
information required by subsections (1) and (2) of this section. [Amended by
1967 c.417 §11; 1981 c.701 §2; 1985 c.686 §4]
EXTINGUISHING
FIRES IN UNPROTECTED AREAS
476.280
Municipal fire departments and rural fire protection districts authorized to extinguish
fires in unprotected areas.
(1) The fire chief, or the representative of the fire chief, of any duly
organized municipal or rural fire protection district may extinguish any
uncontrolled fire found to be burning in any unprotected area, if:
(a) The governing body of the city or the
district board of the rural fire protection district, as the case may be, has
authorized the fire chief and the representatives of the fire chief to
extinguish uncontrolled fires that are found to be burning in unprotected areas
situated outside of the boundaries of the city or district and that are causing
or may cause an undue jeopardy to life or property; and
(b) The fire chief or the representative
of the fire chief believes that such fire is causing or may cause undue
jeopardy to life or property.
(2) In extinguishing a fire pursuant to
subsection (1) of this section, the fire chief and the representatives of the
fire chief may employ the same means and resources used by them to extinguish
similar fires within their jurisdiction. [1971 c.683 §1]
476.290
Billing owner of property for cost of extinguishing fire; cost limited;
collection; action for recovery of cost. Whenever a fire is extinguished pursuant to ORS 476.280, the governing
body of the city or the district board of the rural fire protection district
that provided the fire suppression service may, on forms furnished by the State
Fire Marshal for such purposes, bill the owner of the property involved in the
fire for the cost of providing the fire suppression service. The governing body
of the city or the district board of the rural fire protection district that
provided the fire suppression service may determine the cost of providing the
fire suppression service by use of a state standardized-costs schedule as
approved by the State Fire Marshal. The cost charged for providing the fire
suppression service may not be greater than the pro rata cost that would have
been charged by the city or district for the performance by the city or
district of a similar fire suppression service within its jurisdiction. If the
cost is not paid within 30 days after the second billing, the governing body of
the city or the district board of the rural fire protection district that
provided the fire suppression service may bring an action for the recovery of
the unpaid cost from the owner of the real property upon which the fire
suppression service was rendered. [1971 c.683 §2; 2005 c.22 §355]
FIRE
PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED
476.310
Zoning and rezoning of certain lands; hearing on petition of owners in nonzoned
territory; duty of landowner to provide fire protection. (1) The governing body of each county may,
in cooperation with the State Board of Forestry, zone and, as often as
necessary, rezone any lands within the county lying outside the boundaries of
incorporated cities, organized rural fire protection districts, federal and
state-owned lands, lands protected under ORS chapter 477 and railroad rights of
way, except that railroad rights of way may be zoned or rezoned if the owners
of such rights of way file their written consent with the governing body.
Lands, when zoned or rezoned, shall be divided into two zones as follows:
(a) Zone 1 shall be composed of forest,
range, grass or undeveloped lands, or any of such lands intermingled with
grazing and agricultural lands.
(b) Zone 2 shall be composed of rural
lands not included in zone 1.
(2) During the season of the year when
there is danger of fire, every owner of zone 1 land shall provide adequate
protection against the starting or spread of fire thereon or therefrom, which
protection shall meet with the approval of the governing body of the county in
which the zone 1 land is located.
(3) An owner shall be deemed to have
complied with the requirements of subsection (2) of this section if, on January
1 of each year, the owner files with the governing body of the county a bona
fide fire protection plan that meets with the approval of the county governing
body. The governing body of the county, or its appointed representative, shall
periodically inspect the protection facilities provided under such a plan in
order to confirm compliance by the owner.
(4) If any owner of zone 1 land fails or
neglects to file a fire protection plan, or to comply with the standard of
protection approved by the county governing body, the governing body shall
provide for forest protection pursuant to ORS 476.320.
(5) Nothing contained in ORS 476.310 to
476.340 shall prevent interested property owners in any nonzoned territory from
petitioning the governing body and State Board of Forestry to hold a hearing on
the matter of zoning the territory if a majority of the landowners within the
territory file such petition. The governing body, cooperating with the State Board
of Forestry, shall give full consideration to the wishes of the landowners as
shown by the hearing. [Amended by 1957 c.432 §1; 1963 c.222 §1; 1965 c.253 §143;
1991 c.459 §415a; 2005 c.22 §356]
476.320
Determination of form of fire protection for lands in zone 1; costs. (1) The form of protection from fire for
lands lying in zone 1 shall be determined jointly by the governing body of the
county, the State Fire Marshal and the State Board of Forestry, which
determination shall be reduced to writing, signed by the officers of the
agencies and entered in the journal of the governing body of the county.
(2) The authority of the State Board of
Forestry may be extended to include the establishment of forest protection on
lands lying within zone 1 for lands not subject to a fire protection plan under
ORS 476.310. For such purposes the board of forestry may contract with
individuals, associations, agencies, corporations, rural fire protection
districts, counties, cities, federal agencies, or any of them. The cost of
protection in zone 1 shall be assessed and collected in the same manner as
protection costs for lands protected under ORS chapter 477.
(3) The moneys received by the State Board
of Forestry under this section shall be paid into the State Treasury and credited
to the State Forestry Department Account and shall be used exclusively for the
purposes stated in this section.
(4) As used in this section, the authority
of the State Board of Forestry means the duties, obligations, requirements and
penalties of ORS chapter 477. [Amended by 1957 c.83 §5; 1965 c.253 §144; 1967
c.429 §53; 1981 c.362 §1; 1991 c.459 §415b; 1999 c.355 §1]
476.330
Prevention and control of fires in zone 2; tax levy. (1) The county court or board of county
commissioners of any county may prevent and control fire occurring within the
limits of zone 2 in such county, and may for such purposes establish and
maintain fire fighting and fire control facilities and contract with existing
fire control agencies, either individuals, associations, corporations, cities
or rural fire protection districts. The State Fire Marshal, upon the request of
any county court or board of county commissioners, shall meet with and advise
such county court or board of county commissioners as to the establishment and
maintenance of fire fighting and fire protection equipment and facilities.
(2) If the court or board establishes fire
fighting and fire protection equipment and facilities, it shall not discontinue
such equipment and facilities until at least three years after notice of its
intention to do so has been first published in a newspaper considered by the
board to be of general circulation in the county. The notice shall be published
by four insertions in the newspaper and 12 months shall elapse between each
insertion.
(3) While the county court or board of
county commissioners of any county is maintaining fire fighting and fire
protection equipment and facilities, the court or board annually shall levy a
tax upon the taxable property lying within zone 2 in the county, not to exceed
one-fourth of one percent (0.0025) of the real market value of all taxable
property within the zone, computed in accordance with ORS 308.207, for the
purpose of furnishing such fire protection.
(4) The court or board of county commissioners,
upon approval of the majority of the electors of zone 2 voting at a special
election called for such a purpose, may levy a special tax of not to exceed
one-fourth of one percent (0.0025) of the real market value of all taxable
property within the zone, computed in accordance with ORS 308.207. This special
levy may be in addition to the regular levy under subsection (3) of this
section.
(5) To carry into effect any of the powers
granted under this section, the court or board, when authorized by a majority
of the votes cast by the electors of the zone voting at an election called for
that purpose by the court or board, may borrow money and sell and dispose of
general obligation bonds, which bonds shall never in the aggregate exceed one
and one-fourth of one percent (0.0125) of the real market value of all taxable
property within the zone, computed in accordance with ORS 308.207.
(6) The tax limitations provided in
subsections (3) and (4) of this section do not apply to taxes levied to pay
principal or interest on outstanding bonds. [Amended by 1955 c.262 §1; 1959
c.288 §1; 1963 c.9 §29; 1967 c.356 §1; 1969 c.590 §1; 1971 c.647 §107; 1991
c.459 §416; 2007 c.154 §63]
476.340
Establishment of rural fire protection districts in zone 2; exemption from
taxation of property included in district. Nothing contained in the provisions of ORS 476.310 to 476.330 shall be
construed to prohibit the establishment of rural fire protection districts as
provided by law within the boundaries of zone 2 as the same may be established
in any county. In event of the organization of a rural fire protection district
comprising lands in zone 2, property included within such fire protection
district shall not thereafter be taxed or assessed under the provisions of ORS
476.320 or 476.330. [Amended by 1955 c.262 §2; 1963 c.222 §2]
476.380
Fire permits; limitations upon burning; records. (1) No person, outside the boundaries of a
rural fire protection district or a forest protection district, shall cause or
permit to be initiated or maintained on the property of the person, or cause to
be initiated or maintained on the property of another any open burning of
commercial waste, demolition material, domestic waste, industrial waste, land
clearing debris or field burning without first securing a permit from the
county court or board of county commissioners.
(2) The county court or board of county
commissioners, or its designated representative, shall prescribe conditions for
issuance of any permit and shall refuse, revoke or postpone issuance of permits
when necessary to prevent danger to life or property or to protect the air
resources of this state. The Environmental Quality Commission shall notify the
State Fire Marshal of the type of and time for burning to be allowed on each day
under schedules adopted pursuant to ORS 468A.570 and 468A.595. The State Fire
Marshal shall cause all county courts and boards of county commissioners or
their designated representatives in the affected areas to be notified of the
type of and time for burning to be allowed on each day and of any revisions of
such conditions during each day. The county court, board or representative
shall issue permits only in accordance with schedules of the Environmental
Quality Commission adopted pursuant to this section and ORS 468A.555 to
468A.620 and 468A.992, 476.990, 478.960 and 478.990 but may reduce the hours
allowed for burning if necessary to prevent danger to life or property from
fire. The State Fire Marshal may refuse or postpone permits when necessary in the
judgment of the State Fire Marshal to prevent danger to life or property from
fire, notwithstanding any determination by the county court or board of county
commissioners or its designated officer. Notwithstanding any other provision of
this subsection, for a permit for the propane flaming of mint stubble, the
county court or board of county commissioners, or its designated representative
may only prescribe conditions necessary to prevent the spread of fire or to
prevent endangering life or property and may refuse, revoke or postpone
permission to conduct the propane flaming only when necessary to prevent danger
to life or property from fire.
(3) Nothing in this section:
(a) Requires permission for starting a
campfire in a manner otherwise lawful.
(b) Relieves a person starting a fire from
responsibility for providing adequate protection to prevent injury or damage to
the property of another. If such burning results in the escape of fire and
injury or damage to the property of another, such escape and damage or injury
constitutes prima facie evidence that the burning was not safe.
(c) Relieves a person who has obtained
permission to start a fire, or the agent of the person, from legal liability
for property damage resulting from the fire.
(d) Permits an act within a city or
regional air quality control authority area that otherwise is unlawful pursuant
to an ordinance of the city or rule, regulation or order of the regional
authority.
(4) The county court or board of county
commissioners shall maintain records of all permits and the conditions thereof,
if any, that are issued under this section and shall submit at such times, as
the Environmental Quality Commission shall require such records or summaries
thereof to the commission. The Environmental Quality Commission shall provide
forms for the reports required under this subsection. [1967 c.420 §3; 1969
c.613 §2; 1971 c.563 §8; 1973 c.835 §164; 1975 c.635 §2; 1991 c.920 §21; 1997
c.473 §5]
STANDARDIZATION
OF FIRE PROTECTION EQUIPMENT
476.410
Standard thread hose couplings and hydrant fittings required. All equipment for fire protection purposes
purchased by state and municipal authorities, or any other authorities having
charge of public property, shall be equipped with the standard thread for fire
hose couplings and hydrant fittings as adopted by the State Fire Marshal under
ORS 476.030. Prior to adopting any such standard, the State Fire Marshal may
request from the Department of Public Safety Standards and Training
consideration of and recommendations regarding the standard. [Amended by 1963
c.523 §8; 1973 c.667 §20; 1993 c.185 §29; 1997 c.13 §2; 1997 c.853 §43]
476.420
Standardization of existing fire protection equipment; exemption. The standardization of existing fire
protection equipment in this state shall be arranged for and carried out by or
under the direction of the State Fire Marshal who may proceed to make the
changes necessary to standardize all existing fire protection equipment in this
state. Prior to making any such change, the State Fire Marshal may request from
the Department of Public Safety Standards and Training consideration of and
recommendations regarding the change. The State Fire Marshal shall provide the
appliances necessary for carrying on this work and shall proceed with such
standardization as rapidly as possible and complete such work at the earliest
date circumstances will permit. However, the State Fire Marshal may exempt from
standardization special purpose fire equipment and existing fire protection
equipment when it is established that such equipment is not essential to the
coordination of public fire protection operations. The provisions of this
section and ORS 476.440 shall not apply to fire protection equipment used under
authority of ORS chapters 477 and 526. [Amended by 1965 c.602 §11; 1973 c.667 §21;
1993 c.185 §30; 1997 c.13 §3; 1997 c.853 §44]
476.430
Changing private equipment.
The State Fire Marshal shall notify industrial establishments and property
owners having equipment for fire protection purposes, which may be necessary
for a fire department to use in protecting the property or putting out fire, of
the changes necessary to bring their equipment up to the requirements of the
standard established and shall render them such assistance as may be available in
converting their defective equipment to standard requirements.
476.440
PROTECTION OF
LIFE AND PROPERTY FROM FIRE IN CASE OF EMERGENCY
476.510
Short title. ORS 476.510 to
476.610 shall be known as the Emergency Conflagration Act.
476.515
Other officers authorized to act when Governor unavailable. If the Governor is unavailable to make
timely exercise of the authority under ORS 476.510 to 476.610, the
Superintendent of State Police may exercise such authority, and if that
individual is unavailable the State Fire Marshal may exercise such authority.
Any orders, rules or regulations issued by the Superintendent of State Police
or the State Fire Marshal pursuant to this section have the same force and
effect as if issued by the Governor. [1979 c.76 §5; 1987 c.414 §81; 1993 c.186 §2]
476.520
Governor authorized to assign fire-fighting forces and equipment. The Governor may assign and make available
for use and duty in any county, city or district, under the direction and
command of an officer designated by the Governor for the purpose, any part of
the fire-fighting forces and equipment of any fire-fighting organization in
this state other than an organization that possesses only one self-propelled
pumping unit. The Governor may make fire-fighting forces and equipment
available under this section in response to fire, a heightened danger of fire
or a significant reduction in available fire-fighting resources. [Amended by
2005 c.16 §1]
476.530
Chief executive of political subdivision to assign forces and equipment;
federal equipment. The chief
executive of any county, city or fire protection district or the head of any
fire department of any political subdivision, including agencies of this state,
if so ordered by the Governor, shall assign and make available for duty and use
in any county, city or fire district under the direction and command of such
officer as may be designated by the Governor for the purpose, any part of the
fire-fighting forces and equipment under the control of the chief executive or
the head of the fire department, provided that any equipment made available by
loan, or otherwise, to any county, city or fire district or this state by the
United States or any agency thereof, shall at all times be subject to the order
of the United States or such agency in accordance with the terms and conditions
upon which the equipment is made available. [Amended by 1961 c.626 §1; 1979
c.76 §1]
476.540
Powers and duties of fire-fighting forces. Whenever the fire-fighting forces of any county, city or fire district
are rendering outside aid pursuant to ORS 476.520 or 476.530, the officers and
members of such fire-fighting forces shall have the same powers, duties,
rights, privileges and immunities as though they were performing their duties
in the political subdivision in which they are normally employed.
476.550
Loss or damage to equipment.
When any equipment is used pursuant to ORS 476.520 or 476.530 the state shall
be liable for any loss thereof or damage thereto and shall pay any expense
incurred in the operation or maintenance thereof. No claim for any such loss,
damage or expense shall be allowed unless, within 60 days after it has been
sustained or incurred, or within such extension of such time as may have been
obtained from the Department of State Police, an itemized notice of such claim,
under oath, is served by mail or personally upon the Department of State Police
and such loss, damage or expense shall be payable from the Emergency Fund of
the state. [Amended by 1979 c.76 §2; 1993 c.186 §3]
476.560
Reimbursement for aid.
Whenever aid is supplied pursuant to ORS 476.520 to 476.590, the state shall
reimburse the political subdivision supplying such aid for the compensation
paid to employees supplied under ORS 476.520 to 476.590 during the time the
rendition of such aid prevents them from performing their duties in the
political subdivision by which they are employed and shall defray the actual
traveling and maintenance expenses of such employees while they are rendering
such aid. Employee as used herein means, and the provisions of ORS 476.520 to
476.610 apply with equal effect to, all firefighters, whether paid, volunteer
or call. [Amended by 1991 c.67 §145]
476.570
Appointment of substitute firefighters; recall of off-duty firefighters. Substitute firefighters or recalled off-duty
firefighters within any county, city or fire district from which regular
firefighters are taken under the provisions of ORS 476.530, not exceeding the
number of regular firefighters, may be recalled or appointed by the same
persons authorized by law to appoint regular firefighters, provided that
substitute firefighters appointed shall not be subject to the requirements of
the civil service law or rules and that such substitute firefighters shall not
be entitled to any pension or retirement rights or privileges. The substitute
firefighters appointed under this section shall have the powers, functions and
duties of regular firefighters. Their compensation shall not be greater than
the lowest rate of pay for regular firefighters. Persons appointed as
substitute firefighters shall exercise their powers, functions and duties only
when called upon, during the period all, or any part, of the regular
fire-fighting forces of any county, city or fire district are rendering outside
aid pursuant to ORS 476.520 or 476.530, and for no longer than two days after
the return to duty of the part of the regular fire-fighting forces for which
they are substituting. Compensation for recalled off-duty firefighters and
substitute firefighters and any allowable expense necessarily incurred by them
in the performance of their duties shall be charged against the county, city or
fire district for which they were appointed and shall be audited, allowed and
paid as other charges against it are audited, allowed and paid, and shall be
subject to reimbursement by the state as provided in ORS 476.550 and 476.560. [Amended
by 1979 c.76 §3; 1991 c.67 §146]
476.574
Leave of absence for volunteers; employment rights. (1) Upon request of an employee who is a
volunteer firefighter of a rural fire protection district or a firefighter
employed by a city or a private firefighting service to perform service
pursuant to ORS 476.510 to 476.610, the employee, upon written notice by the
employer, may be granted a leave of absence by the employer until release from
such service permits the employee to resume the duties of employment.
(2) The regular employment position of an
employee on leave of absence under this section shall be considered vacant only
for the period of the leave of absence. The employee shall not be subject to
removal or discharge from such position as a consequence of the leave of
absence.
(3) Upon the termination of a leave of
absence under this section, the employee shall be restored to the employees
position or an equivalent position by the employer without loss of seniority,
vacation credits, sick leave credits, service credits under a pension plan or
any other employee benefit or right that had been earned at the time of the
leave of absence.
(4) An employer is not required to pay
wages or other monetary compensation to an employee during a leave of absence
under subsection (1) of this section.
(5) As used in this section:
(a) Employee means any individual, other
than a copartner of the employer or an independent contractor, who renders
personal services in this state to an employer who pays or agrees to pay wages
or other compensation to the individual for those services.
(b) Employer means any person who
employs one or more employees in this state. The term includes the State of
Note: 476.574 and 476.576 were added to and made a
part of 476.510 to 476.610 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
476.576
Violation of job restoration rights of volunteers as unlawful employment
practice. (1) Any violation
of ORS 476.574 by an employer is an unlawful employment practice.
(2) Complaints alleging a violation of ORS
476.574 may be filed by employees with the Commissioner of the Bureau of Labor
and Industries. The commissioner shall enforce ORS 476.574 in the manner
provided in ORS chapter 659A for the enforcement of other unlawful employment
practices.
(3) Any person claiming to be aggrieved by
a violation of ORS 476.574 may bring a civil action in the manner provided in
ORS 659A.885. [1997 c.266 §3; 2001 c.621 §81]
Note: See note under 476.574.
476.580
Orders, rules and regulations.
The Governor may make, amend and rescind such orders, rules and regulations as
are necessary or advisable to carry out the provisions of ORS 476.530 and
476.540. Any order issued by the Governor in relation to carrying out the
provisions of ORS 476.520 to 476.610 may be either written or oral. If written,
a copy thereof shall be filed in the office of the Secretary of State and
another copy dispatched forthwith to the chief executive of any county, city or
fire protection district affected. Immediately thereafter such order, rule or
regulation shall be in effect. Oral orders may be made by the Governor when in
the opinion of the Governor the emergency is such that delay in issuing a
written order would be dangerous to the welfare of the people of the state.
However, written copies of such oral order shall be filed and dispatched as
soon after issuing such oral order as is conveniently possible in the manner
above provided for written orders.
476.590
Preparation of plans by State Fire Marshal; advice and counsel to Governor. The State Fire Marshal shall prepare plans
for the effective carrying out of the provisions of ORS 476.520 to 476.610 and
provide advice and counsel to the Governor for the most practical utilization
under ORS 476.520 to 476.610 of the fire-fighting resources of this state. [Amended
by 2005 c.16 §2]
476.600
Liability for injury to person or property. Neither the state nor any county, city or fire district or other
political subdivision nor any firefighter acting as the agent of any of the
foregoing is liable for any injury to person or property resulting from the
performance of any duty imposed by the authority of ORS 476.520 to 476.590. In
carrying out the provisions of ORS 476.520 to 476.590 or while acting within
the scope of any duty imposed by authority of the provisions of ORS 476.520 to
476.590, no person shall incur civil liability. A person does not, however,
escape full liability for injury to person or property resulting from willful
misconduct or gross negligence of the person. [Amended by 1991 c.67 §147; 2005
c.22 §357]
476.610
Payment of claims. The state
shall draw warrants on the State Treasurer for the payment of all duly approved
claims lawfully incurred in pursuance of ORS 476.520 to 476.600. [Amended by
1983 c.740 §189; 1993 c.186 §5]
GOVERNORS
FIRE SERVICE POLICY COUNCIL
476.680
Governors Fire Service Policy Council; membership; terms; duties. (1) There is created the Governors Fire
Service Policy Council. The council shall include the following nonvoting ex
officio members:
(a) The Superintendent of State Police, or
a designee thereof experienced in the oversight of Department of State Police
activities relating to the office of the State Fire Marshal; and
(b) The Director of the Department of
Public Safety Standards and Training, or a designee thereof.
(2) The State Fire Marshal shall serve as
executive director of the council, but is not a member. The council shall meet
at least quarterly. The council shall select a chairperson and vice chairperson
at the first council meeting of each odd-numbered year. The council may elect
additional officers as the council determines to be reasonable and necessary.
(3) In addition to the ex officio members
identified in subsection (1) of this section, the Governor may designate a
representative of the Governor to serve as a nonvoting member. The Governor may
also appoint not more than nine members to serve on the council for three-year
terms. Initial terms of the appointed members may be adjusted to promote
council stability. An appointed member may not serve more than two consecutive
terms. A member appointed by the Governor must be a representative of one of
the following:
(a) The Oregon Fire Chiefs Association or
a successor or other organization representing fire chiefs.
(b) The Oregon Fire District Directors
Association or a successor or other organization representing fire district
directors.
(c) The Oregon Fire Marshals Association
or a successor or other organization representing fire marshals.
(d) Property and casualty insurance
providers.
(e) Employees of the office of the State
Fire Marshal.
(f) The Oregon State Fire Fighters Council
or a successor or other organization representing professional firefighters.
(g) The Oregon Volunteer Fire Fighters
Association or a successor or other organization representing volunteer
firefighters.
(h) The League of
(i) The general public.
(4) Notwithstanding the term of office
specified in subsection (3) of this section, the initial term of a member
appointed by the Governor may be adjusted to limit the number of member terms
expiring in the same year.
(5) To the extent funding is available from
moneys appropriated to the office of the State Fire Marshal, a member of the
council is entitled to compensation and expenses as provided in ORS 292.495.
(6) The council shall advise the Governor
and the Superintendent of State Police on fire policy issues and serve in an
advisory capacity to the State Fire Marshal on strategies for the
implementation of fire and life safety issues. The council may initiate advice
to the State Fire Marshal, the Superintendent of State Police and the Governor
on any matter related to the mission of the council. The council may not
participate in the discussion of traditional labor relations issues.
(7) The office of the State Fire Marshal
shall provide staff services to the council. All agencies, departments and
officers of this state are directed to assist the council in the performance of
its functions and to furnish information and advice as the council considers
necessary. [2001 c.647 §1]
Note: 476.680 and 476.685 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
476 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
476.685
Biennial reports. The
Governors Fire Service Policy Council shall provide a biennial report to the
Governor and the Superintendent of State Police on the overall performance of
the office of the State Fire Marshal. The report shall identify significant
successes and improvement opportunities. [2001 c.647 §2]
Note: See note under 476.680.
MISCELLANEOUS
PROVISIONS
476.710
Setting fires adjacent to structures or timber on ocean shore prohibited;
exceptions. No person shall
set or permit any fire on the
476.715
Throwing away of lighted matches, cigarettes and other materials prohibited;
posting copy of section in public conveyances. No one shall, at any time, throw away any
lighted tobacco, cigars, cigarettes, matches or other lighted material, on any
forestland, private road, public highway or railroad right of way within this
state. Everyone operating a public conveyance shall post a copy of this section
in a conspicuous place within the smoking compartments of such conveyance. [Formerly
477.164]
476.720
Certain remedial statutes to be construed liberally. ORS 476.010 to 476.090, 476.155 to 476.170,
476.210 to 476.270, 476.990 (1), 479.140 and 479.168 to 479.190 are remedial in
nature and shall be construed liberally.
476.730
Notice prior to release or after escape of arsonist from state institution. (1) The superintendent of each Department of
Corrections institution of this state and of each institution for persons with
mental illness shall, prior to the release, or immediately after the escape,
from such institution of any person committed to such institution for arson or
arsonist activity, notify the State Fire Marshal and the Department of State
Police except that such notice shall not be required when such persons are on
approved leave from such institutions for periods of not to exceed 10 days. The
notice shall state the name of the person to be released or who has escaped,
the county in which the person was convicted or from which the person was
committed and, if known, the address or locality at which the person will
reside.
(2) Promptly upon receipt of the notice,
the State Fire Marshal and the Department of State Police shall notify
respectively the fire departments and rural fire protection districts who
maintain full-time personnel and the sheriff and police departments of the
county in which the person was convicted or from which the person was committed
and the county, if known, in which the person will reside. [1957 c.245 §§1,2;
1959 c.26 §1; 1965 c.602 §16; 1987 c.320 §237; 2007 c.70 §271]
476.740 [1967 c.417 §12; repealed by 1971 c.743 §432]
476.750 [1967 c.417 §14; repealed by 1971 c.743 §432]
REDUCED
IGNITION PROPENSITY CIGARETTES
476.755
Definitions for ORS 476.755 to 476.790 and 476.995. As used in ORS 476.755 to 476.790 and
476.995:
(1) Cigarette means a roll for smoking:
(a) That is made wholly of tobacco, or of
tobacco and any other substance, regardless of size, shape or flavoring or
adulteration by or mixing with other ingredients, the wrapper of which is made
of paper or other nontobacco materials; and
(b) That, because of its appearance, the
type of tobacco used in the filler or its packaging and labeling, is likely to
be offered to or purchased by consumers as a cigarette.
(2) Distribute means to do any of the
following:
(a) Sell cigarettes or deliver cigarettes
for sale by another person to consumers.
(b) Receive or retain more than 199
cigarettes at a place of business where the person receiving or retaining the
cigarettes customarily sells cigarettes or offers cigarettes for sale to
consumers.
(c) Place cigarettes in vending machines.
(d) Sell or accept orders for cigarettes
that are to be transported from a point outside this state to a consumer within
this state.
(e) Buy cigarettes directly from a
manufacturer or wholesale dealer for resale in this state.
(f) Give cigarettes as a sample, prize,
gift or other promotion.
(3) Manufacturer means:
(a) An entity that produces, or causes the
production of, cigarettes for sale in this state;
(b) An importer or first purchaser of
cigarettes that intends to resell within this state cigarettes that were
produced for sale outside this state; or
(c) A successor to an entity, importer or
first purchaser described in paragraph (a) or (b) of this subsection.
(4) Packaging includes, but is not
limited to, cigarette soft packs, boxes, cartons and cases.
(5) Quality control and assurance program
means laboratory procedures implemented to ensure that operator bias,
systematic and nonsystematic methodological errors and equipment-related
problems do not affect the results of testing.
(6) Reduced ignition propensity means
meeting the fire safety performance standard described in ORS 476.770 (6).
(7) Repeatability means the range of
values within which the repeat results of ignition propensity testing by a
single laboratory will fall 95 percent of the time.
(8) Retail dealer means a person, other
than a manufacturer or wholesale dealer, that engages in distributing
cigarettes.
(9) Sell means to transfer, or agree to
transfer, title or possession for a monetary or nonmonetary consideration.
(10) Variety means a type of cigarette
marketed by the manufacturer as being distinct from other types of cigarettes
on the basis of brand name, length, filter, wrapping, flavoring or other
characteristics as the State Fire Marshal may provide by rule.
(11) Wholesale dealer means a person
that distributes cigarettes to:
(a) A retail dealer or other person for
resale; or
(b) A person that owns, operates or
maintains cigarette vending machines on premises owned or operated by another
person. [2007 c.34 §1]
Note: 476.755 to 476.806 and 476.995 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 476 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
476.760
Prohibition against distributing or offering certain cigarettes; improper
packaging markings; seizure and forfeiture; interagency agreements;
inspections; rules. (1) A
person may not distribute or offer to sell a cigarette within this state unless
the cigarette is of a variety the State Fire Marshal has determined to have
reduced ignition propensity.
(2) Cigarette packaging may not bear a
marking or other device identifying the packaged cigarettes as having reduced
ignition propensity other than a packaging marking approved for use with those
cigarettes by the State Fire Marshal under ORS 476.785. This subsection does
not apply if the cigarettes are in interstate commerce and not intended for
distribution in this state.
(3) The State Fire Marshal, an authorized
representative of the State Fire Marshal or any law enforcement agency may
immediately seize and subject to forfeiture any cigarettes distributed or
offered for sale in violation of subsection (1) of this section and any
packaging, and cigarettes contained in that packaging, that violates subsection
(2) of this section. The State Fire Marshal shall destroy cigarettes and
packaging seized and forfeited under this subsection. However, prior to
destroying cigarettes or packaging seized under this subsection, the State Fire
Marshal shall allow the true holder of the trademark rights in the cigarette
variety to inspect the cigarettes and packaging.
(4) The State Fire Marshal may enter into
a cooperative agreement with any state or local agency that allows the agency
to act as an authorized representative of the State Fire Marshal for
enforcement purposes under this section.
(5)(a) The State Fire Marshal or an
authorized representative, upon oral or written demand, may inspect the
inventory of cigarette manufacturers, wholesale or retail dealers and
transporters as the State Fire Marshal or an authorized representative deems
necessary to ensure compliance with this section. The State Fire Marshal may
adopt rules to require reports, in a form prescribed by the State Fire Marshal,
by cigarette manufacturers, wholesale or retail dealers and transporters for
the purpose of ensuring compliance with this section.
(b) As used in this subsection, transporter
has the meaning given that term in ORS 323.010. [2007 c.34 §2]
Note: See note under 476.755.
476.765
Imposition of civil penalties; bringing of actions. (1) The State Fire Marshal shall impose
civil penalties under ORS 476.995 in the manner provided by ORS 183.745.
(2) The Attorney General may bring an
action at the request of the office of the State Fire Marshal, in the name of
the state, seeking:
(a) Injunctive relief to prevent or end a
violation of ORS 476.760;
(b) To recover civil penalties imposed
under ORS 476.995; or
(c) To recover attorney fees and other
enforcement costs and disbursements. [2007 c.34 §4]
Note: See note under 476.755.
476.770
Determination of cigarette variety ignition propensity; reduced ignition
propensity standard; listing; cigarette design; rules. (1) For each variety of cigarette sold or
proposed for sale in this state, the State Fire Marshal shall determine whether
that variety of cigarette has reduced ignition propensity.
(2) Any cigarette variety certified by a
manufacturer under ORS 476.780 shall be determined to have reduced ignition
propensity.
(3) Except as provided in this section,
ignition propensity testing certified, conducted or accepted by a manufacturer
or the State Fire Marshal must be performed using ASTM International specification
E2187-04, Standard Test Method for Measuring the Ignition Strength of
Cigarettes. The ignition propensity testing must be conducted on 10 layers of
filter paper. Forty replicate tests shall constitute a complete test trial for
each cigarette variety tested. The fire safety performance standard described
in subsection (6) of this section applies only to a completed test trial.
(4) The State Fire Marshal may adopt an
ignition propensity testing method developed by ASTM International as a modification
or replacement of the method designated by subsection (3) of this section if
the State Fire Marshal, by rule, deems the modified or replacement method
acceptable for determining cigarette fire safety. However, the State Fire
Marshal may not adopt a modified or replacement method that in repeated testing
results in a change in the percentage of cigarettes exhibiting full-length
burns from the percentage produced on the same variety of cigarettes by use of
the ASTM E2187-04 method or that otherwise affects the ability of the cigarette
to meet the fire safety performance standard described in subsection (6) of
this section.
(5) If the State Fire Marshal determines
that ignition propensity testing cannot be performed on a cigarette using a
method described in subsection (3) or (4) of this section, the manufacturer may
propose an alternative testing method and an alternative fire safety
performance standard for the variety. If the State Fire Marshal approves the
alternative testing method and determines that the alternative fire safety
performance standard is equivalent to the fire safety performance standard
described in subsection (6) of this section, the manufacturer may use the
alternative testing method and the alternative fire safety performance standard
for the purpose of certifying the variety of cigarette under ORS 476.780.
Except as provided under the approved alternative testing method and the
alternative fire safety performance standard, a cigarette variety described in
this subsection remains subject to ORS 476.755 to 476.790 and 476.995.
(6) For a cigarette variety to be declared
to have reduced ignition propensity, no more than 25 percent of the cigarettes
in a complete test trial conducted in accordance with an ignition propensity
testing method described in this section shall exhibit full-length burns.
(7) The State Fire Marshal shall issue,
keep current and make available to the public a list of the cigarette varieties
the State Fire Marshal has determined to have reduced ignition propensity.
(8) A cigarette listed in a certification
under ORS 476.780 that uses lowered permeability bands in the cigarette paper
to achieve compliance with the fire safety performance standard described in
subsection (6) of this section must have at least two nominally identical bands
on the paper surrounding the tobacco column. If the bands are not positioned on
the cigarette by design, at least one complete band must be at least 15
millimeters from the lighting end of the cigarette. If the bands are positioned
on the cigarette by design, the cigarette must have at least two bands that are
entirely located at least 15 millimeters from the lighting end and:
(a) If the cigarette is filtered, that are
located at least 10 millimeters from the filter end of the tobacco column; or
(b) If the cigarette is nonfiltered, that
are located at least 10 millimeters from the labeled end of the tobacco column.
[2007 c.34 §5]
Note: See note under 476.755.
476.775
Laboratories; ignition propensity testing. (1) A laboratory that conducts ignition propensity testing for
purposes of ORS 476.770 must have a quality control and assurance program. The
program shall be designed to ensure the testing repeatability value for all
test trials used to certify a cigarette variety. The repeatability value of
ignition propensity testing may not be greater than 0.19.
(2) Ignition propensity testing used in a
manufacturer certification submitted under ORS 476.780 must be conducted in a
laboratory that has been accredited under:
(a) The ISO/IEC 17025 standard of the
International Organization for Standardization, as amended and in effect on
April 17, 2007; or
(b) A standard recognized in State Fire
Marshal rules as comparable to prevailing international accreditation
standards. [2007 c.34 §6]
Note: See note under 476.755.
476.780
Cigarette variety certification by manufacturer; retesting; record retention;
unfavorable determination by State Fire Marshal. (1) A manufacturer shall submit a written
certification attesting that each variety of cigarette listed in the
certification has been subjected to ignition propensity testing described in
ORS 476.770 and meets the fire safety performance standard described in ORS
476.770 (6).
(2) The certification shall provide the
following information for each variety of cigarette listed:
(a) The brand name shown on the cigarette
packaging.
(b) The style, such as light or
ultralight.
(c) The length in millimeters.
(d) The circumference in millimeters.
(e) The flavor, such as menthol or
chocolate, if applicable.
(f) Whether the cigarette is filtered or
nonfiltered.
(g) A packaging description, such as soft
pack or box.
(h) A description of the packaging marking
approved by the State Fire Marshal under ORS 476.785.
(i) The name, address and telephone number
of the laboratory conducting the ignition propensity testing, if other than the
laboratory of the manufacturer.
(j) The date of the ignition propensity
testing.
(3) The certification of a cigarette
variety is valid for three years from the date of receipt by the State Fire
Marshal.
(4) If the manufacturer certifies a
cigarette variety and later makes any change that is likely to alter the
cigarette varietys compliance with the fire safety performance standard
described in ORS 476.770 (6), before distributing the changed cigarette variety
in this state the manufacturer shall retest the ignition propensity of that
variety. Notwithstanding subsection (3) of this section, a manufacturer may not
sell a cigarette variety described in this subsection unless that variety
continues to meet the fire safety performance standard described in ORS 476.770
(6).
(5) A manufacturer shall retain copies of
all ignition propensity test data for cigarette varieties listed in the
certification, including any retesting performed under subsection (4) of this
section. The manufacturer shall retain the test data for not less than three
years. The manufacturer shall provide copies of the test data upon request to
the State Fire Marshal and to the Attorney General. Failure of a manufacturer
to provide copies of ignition propensity test data requested by the State Fire
Marshal or the Attorney General creates a rebuttable presumption that a
cigarette variety does not meet the fire safety performance standard described
in ORS 476.770 (6).
(6) The State Fire Marshal may determine
that a cigarette variety certified under this section does not have reduced
ignition propensity only if:
(a) The test data provided to the State
Fire Marshal by the manufacturer demonstrate that the cigarette variety does
not meet the fire safety performance standard described in ORS 476.770 (6); or
(b) The State Fire Marshal conducts
ignition propensity testing on the cigarette variety and the test results
demonstrate that the cigarette variety does not meet the fire safety
performance standard described in ORS 476.770 (6).
(7) Ignition propensity testing by the
State Fire Marshal under subsection (6) of this section shall be conducted in
accordance with the testing requirements applicable to manufacturers by a
laboratory meeting the requirements described under ORS 476.775.
(8) Upon a determination by the State Fire
Marshal under subsection (6) of this section, the State Fire Marshal may seek
the remedies described in ORS 476.765. [2007 c.34 §7]
Note: See note under 476.755.
476.785
Cigarette packaging markings.
(1) A manufacturer shall place a single type of marking on all packaging for
cigarettes of the manufacturer sold in this state to indicate that cigarettes
of the manufacturer sold in this state meet the fire safety performance
standard established in ORS 476.770 (6).
(2) A manufacturer shall submit to the
State Fire Marshal a proposal for marking cigarette packaging. The proposed
marking must be in an eight-point font or larger and consist of one of the
following:
(a) Modification of the universal product
code to indicate a visible mark printed at or around the universal product
code. The mark may consist of alphanumeric or symbolic characters permanently
printed, stamped, engraved or embossed in conjunction with the universal
product code.
(b) A visible combination of alphanumeric
or symbolic characters permanently stamped, engraved or embossed upon the
packaging or cellophane wrapping.
(c) Printed, stamped, engraved or embossed
text indicating that the cigarettes meet the fire safety performance standard
established in ORS 476.770 (6).
(3) The State Fire Marshal shall approve
or disapprove the proposal for packaging marking. In determining whether to
approve or disapprove a proposal for packaging marking, the State Fire Marshal:
(a) Shall give preference to packaging
marking that is consistent with the packaging marking in use and approved for
that cigarette variety in the State of New York; and
(b) Shall approve packaging marking that bears
the letters FSC.
(4) A proposal for packaging marking is
approved unless the State Fire Marshal disapproves the proposal on or before
the 10th day after receipt. The approved packaging marking may be used for the
cigarette variety upon receipt by the State Fire Marshal of the manufacturer
certification for that variety under ORS 476.780.
(5) A manufacturer may not modify the
approved packaging marking unless the modification has been submitted to and
approved by the State Fire Marshal. [2007 c.34 §8]
Note: See note under 476.755.
476.790
Providing copies of cigarette certification and illustration of packaging
markings. (1) A manufacturer
selling cigarettes to a wholesale dealer in this state shall provide the
wholesale dealer with a copy of the certification for those cigarettes
submitted to the State Fire Marshal under ORS 476.780. The manufacturer shall
also provide the wholesale dealer with copies of an illustration of the
packaging marking required under ORS 476.785. The manufacturer shall supply
copies of the illustration to the wholesale dealer in sufficient number to
allow one copy for each retail dealer receiving the cigarettes from the
wholesale dealer.
(2) A wholesale dealer shall provide a
copy of the illustration described in subsection (1) of this section to each
retail dealer that receives cigarettes of the manufacturer from the wholesale
dealer. A wholesale dealer is not required to provide a retail dealer of the
cigarettes of a manufacturer with more than one copy of the illustration for
that manufacturer. [2007 c.34 §9]
Note: See note under 476.755.
476.795
Interpretation of ORS 476.755 to 476.790 and 476.995. The interpretations given to the New York
Fire Safety Standards for Cigarettes (Part 429, Title 19, New York Environmental
Conservation Rules and Regulations) shall be persuasive authority in the
interpretation of ORS 476.755 to 476.790 and 476.995. [2007 c.34 §12]
Note: See note under 476.755.
476.800 [1973 c.667 §1; 1977 c.104 §3; renumbered
476.055]
476.801
Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995. ORS 476.755 to 476.790 and 476.995 do not
apply to any cigarette variety that the State Fire Marshal determines is
subject to a federal law that imposes a cigarette fire safety performance standard
that is at least as strict as the standard imposed under ORS 476.770. [2007
c.34 §13]
Note: See note under 476.755.
476.805 [1973 c.667 §2; 1985 c.118 §5; repealed by
1993 c.185 §34]
476.806
Cigarette Fire Safety Fund.
(1) The Cigarette Fire Safety Fund is established in the State Treasury,
separate and distinct from the General Fund. The Cigarette Fire Safety Fund
shall consist of all moneys recovered from the imposition of civil penalties
under ORS 476.995. Interest earned by the Cigarette Fire Safety Fund shall be
credited to the fund.
(2) All moneys in the fund are
continuously appropriated to the Department of State Police for use by the
office of the State Fire Marshal for fire safety, enforcement and fire
prevention programs. [2007 c.34 §14]
Note: See note under 476.755.
476.810 [1973 c.667 §3; repealed by 1993 c.185 §34]
476.815 [1973 c.667 §8; 1985 c.118 §6; repealed by
1993 c.185 §34]
476.820 [1973 c.667 §4; 1977 c.104 §4; repealed by
1993 c.185 §34]
476.825 [1973 c.667 §5; 1985 c.118 §7; repealed by
1993 c.185 §34]
476.830 [1973 c.667 §6; 1985 c.118 §8; repealed by
1993 c.185 §34]
476.835 [1973 c.667 §7; 1979 c.772 §24; 1985 c.118 §9;
repealed by 1993 c.185 §34]
476.840 [1973 c.667 §9; 1987 c.414 §82; repealed by
1993 c.185 §34]
476.845 [1973 c.667 §11; 1977 c.104 §5; 1985 c.118 §10;
repealed by 1993 c.185 §34]
476.850 [1973 c.667 §13; 1977 c.104 §6; repealed by
1993 c.185 §34]
476.855 [1973 c.667 §14; 1985 c.118 §11; 1993 c.185 §19;
renumbered 476.033 in 1999]
476.860 [1973 c.667 §12; 1977 c.104 §7; repealed by
1985 c.118 §17]
476.865 [1973 c.667 §15; 1977 c.104 §8; 1985 c.118 §12;
repealed by 1993 c.185 §34]
476.870 [1981 c.97 §2; repealed by 1985 c.118 §17]
FIRE
PROTECTION EQUIPMENT LOAN FUND
476.900
Application by certain cities and rural fire protection districts to borrow
money from loan fund. (1)
Any city of 5,000 or less in population and any rural fire protection district
serving 5,000 or fewer residents may file with the State Fire Marshal an application
to borrow from the Fire Protection Equipment Loan Fund moneys for the
acquisition of fire protection equipment.
(2) Applications shall be submitted in
such manner and shall contain or be accompanied by such information as the
State Fire Marshal may prescribe. [1991 c.587 §1]
Note: 476.900 to 476.925 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
476 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
476.905
Approval of application by State Fire Marshal. The State Fire Marshal may approve an
application for a fire protection equipment acquisition loan if the State Fire
Marshal finds that:
(1) Moneys in the Fire Protection
Equipment Loan Fund will be available therefor; and
(2) The application is for the acquisition
of equipment determined by the State Fire Marshal to be necessary to provide
adequate fire protection service by the applicant. [1991 c.587 §2]
Note: See note under 476.900.
476.910
Loan agreement; terms; conditions. If the State Fire Marshal approves an application for a fire
protection equipment acquisition loan, the State Fire Marshal, on behalf of the
state, and the applicant may enter into a loan agreement. The agreement shall
set forth among other matters:
(1) The amount and purpose of the loan.
(2) A plan for repayment by the applicant
to the Fire Protection Equipment Loan Fund of moneys borrowed, upon such terms
and conditions as the State Fire Marshal considers appropriate.
(3) That the liability of the state under
the contract is contingent upon the availability of moneys in the Fire
Protection Equipment Loan Fund.
(4) Such further provisions as the State
Fire Marshal determines appropriate to insure expenditure of moneys borrowed
for the purposes set forth in the approved application. [1991 c.587 §3]
Note: See note under 476.900.
476.915
Source of revenue to repay loan. A city or rural fire protection district that enters into an agreement
with the State Fire Marshal for a fire protection equipment acquisition loan
may obtain moneys for repayment thereof in the same manner as other moneys are
obtained for purposes of the payment of expenses of the city or rural fire
protection district. [1991 c.587 §4]
Note: See note under 476.900.
476.920
Rules; acceptance of gifts, donations and grants. (1) In accordance with any applicable
provisions of ORS chapter 183, the State Fire Marshal may adopt rules to carry
out the provisions of ORS 476.900 to 476.925. Such rules may include, but are
not limited to, specifying the importance and priority of fire protection
equipment that may be acquired pursuant to ORS 476.900 to 476.925 and which
requires local government matching funds.
(2) The State Fire Marshal may accept
gifts, donations and grants from whatever source for the purpose of carrying
out ORS 476.900 to 476.925. All moneys received shall be paid into the Fire
Protection Equipment Loan Fund. [1991 c.587 §5]
Note: See note under 476.900.
476.925
Fire Protection Equipment Loan Fund; uses. The Fire Protection Equipment Loan Fund is established in the State
Treasury, separate and distinct from the General Fund. All moneys in the fund
are appropriated continuously to the State Fire Marshal to carry out the provisions
of ORS 476.900 to 476.925. Interest earned by moneys in the fund shall be
credited to the fund. [1991 c.587 §6]
Note: See note under 476.900.
PENALTIES
476.990
Penalties. (1) Violation of
ORS 476.150 (2) is a misdemeanor. All penalties, fees or forfeitures collected
under the provisions of this subsection, ORS 476.010 to 476.090, 476.155 to
476.170 and 476.210 to 476.270 shall be paid into the State Treasury.
(2) Violation of ORS 476.380 (1) is a
misdemeanor.
(3) Violation of ORS 476.410 to 476.440 is
punishable, upon conviction, by a fine of not less than $25 nor more than $250,
or by imprisonment in the county jail for not less than 10 or more than 60
days, or both. Justices of the peace and district judges shall have concurrent
jurisdiction with the circuit courts over prosecutions for such violations.
(4) Violation of any provision of ORS
476.510 to 476.610 is a misdemeanor.
(5) Subject to ORS 153.022, violation of
ORS 476.710 or 476.715 or of any rule or regulation of the State Parks and
Recreation Department promulgated thereunder is punishable, upon conviction, by
a fine not exceeding $500 or imprisonment in the county jail not exceeding six
months, or both. [Subsection (5) of 1959 Replacement Part formerly 477.990(5);
1961 c.52 §1; subsection (2) enacted as 1967 c.420 §4; subsection (6) enacted
as 1967 c.417 §13 and 1967 c.417 §15; 1971 c.563 §10; 1971 c.743 §383; 1999
c.1051 §312; 2001 c.104 §216]
476.995
Penalty for violation of ORS 476.760. The State Fire Marshal may impose a civil penalty for a violation of
ORS 476.760 (1). The civil penalty may not exceed:
(1) For a person that distributes or
offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five
times the wholesale invoice cost of the cigarettes involved in the violation,
whichever is greater.
(2) For a person that distributes or
offers to sell cigarettes to consumers:
(a) For a distribution or offer of not
more than 1,000 cigarettes, $500.
(b) For a distribution or offer of more
than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes
involved in the violation, whichever is greater.
(3) For a continuing violation of ORS
476.760 (1), each day that a person distributes or offers to sell cigarettes
after being notified by the State Fire Marshal that the distribution or offer
to sell cigarettes violates ORS 476.760 (1) is a separate violation subject to
civil penalty. For purposes of this subsection, a person is notified by the
State Fire Marshal that the distribution or offer to sell cigarettes violates
ORS 476.760 (1) only after the person receives a notice, has been provided an
opportunity for a hearing and has exhausted all opportunities for
administrative or judicial review of the notice in the manner provided for
contested cases under ORS chapter 183. [2007 c.34 §3]
Note: See note under 476.755.
_______________
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