2007 Oregon Code - Chapter 478 :: Chapter 478 - Rural Fire Protection Districts
Chapter 478 —
Rural Fire Protection Districts
2007 EDITION
RURAL FIRE PROTECTION DISTRICTS
PROTECTION FROM FIRE
GENERAL PROVISIONS
478.001Â Â Â Â Definitions
478.002Â Â Â Â Status
of districts existing in 1957
478.004Â Â Â Â New
district succeeds to and replaces abolished district
FORMATION
478.010Â Â Â Â Formation;
territories that may not be included in districts
478.050Â Â Â Â Qualifications
for directors
478.090Â Â Â Â Effect
of 1939 Act on districts then existing
478.100Â Â Â Â Immaterial
defects in organization not to invalidate district organization
478.115Â Â Â Â County
governing body to determine territory of district
478.120Â Â Â Â Inclusion
of forestland in district
478.130Â Â Â Â Certain
structures subject to fire damage to be added to tax rolls
478.140Â Â Â Â Procedure
for adding land to district by consent of owner
478.150Â Â Â Â Conference
with State Forestry Department required prior to formation of district or
annexation of territory
478.155Â Â Â Â Formation
of district with tax zones; contents of formation petition and order creating
district; determination of tax levy in each zone; boundary changes
478.160Â Â Â Â Filing
of boundary or zone change with county assessor and Department of Revenue
POWERS AND DUTIES
478.210Â Â Â Â Directors;
organization; term; oath
478.215Â Â Â Â Position
numbers for director election
478.221Â Â Â Â Nomination
and election of directors
478.225Â Â Â Â Election
subdistricts; petition for formation; election
478.228Â Â Â Â Boundaries
of subdistricts
478.231Â Â Â Â Election
laws applicable
478.234Â Â Â Â Subdistricts
for nomination or election of directors
478.240Â Â Â Â Special
elections; electors
478.250Â Â Â Â Meetings
and officers of board
478.260Â Â Â Â Fire
chief and assistants; headquarters; acquisition of site; fire and first-aid
apparatus and equipment; emergency medical and ambulance services
478.270Â Â Â Â Reports
of directors; State Fire Marshal to cooperate and furnish blank forms
478.280Â Â Â Â Employment
of assistants
478.290Â Â Â Â Additional
authority of districts within 10 mile radius of city of 100,000 or more
478.300Â Â Â Â Contracting
with others to provide facilities and services for fire protection or road
lighting; authority over open burning and fire permits; rules
478.305Â Â Â Â Contracting
with others for mutual communication system; contracts in other states
478.308Â Â Â Â Contracting
with others for regional oil and hazardous material emergency response team
478.310Â Â Â Â Response
to fire or public safety incident outside its own territory by district or
municipality; liability for costs
478.315Â Â Â Â Response
to fire or public safety incident in Columbia River Gorge National Scenic Area;
payment of costs
BENEFITS FOR DISTRICT EMPLOYEES
478.325Â Â Â Â District
may levy taxes for purposes of ORS 478.335 to 478.370
478.335Â Â Â Â Contracts
for medical and hospital services or insurance
478.340Â Â Â Â Payment
of premiums or charges on contracts; employee contributions; multiple contracts
478.355Â Â Â Â Establishment
of employee retirement system; provisions of plan
478.360Â Â Â Â Fund
to provide retirement benefits
478.365Â Â Â Â Employee
contributions to retirement fund
478.370Â Â Â Â Retirement
benefits not to be funded for individual not employee of district when membership
in system created
BENEFITS FOR DISTRICT VOLUNTEERS
478.390Â Â Â Â Investments
authorized to fund length of service awards for volunteer firefighters
REVENUES AND FINANCES
(Generally)
478.410Â Â Â Â Power
of district to levy taxes, borrow money, sell bonds and create fees
478.420Â Â Â Â
478.430Â Â Â Â Ad
valorem tax
478.440Â Â Â Â Gifts;
sinking fund
478.450Â Â Â Â Tax
for road lighting; method
478.460Â Â Â Â Deposit
and disbursement of funds
478.470Â Â Â Â Interest
on unpaid warrants; limitation on amount of warrants
(Tax Zones)
478.480Â Â Â Â Formation
of tax zones; basis for zones; public hearing
478.485Â Â Â Â Notice
of public hearing
478.490Â Â Â Â Election
on question of dividing district into tax zones; order creating zones; effect
478.495Â Â Â Â Limitation
on changes in tax zone boundaries
478.500Â Â Â Â Determination
of tax levy in each tax zone
478.505Â Â Â Â Petition
for tax zones by district electors; number of signatures required; public
hearing
(Multicounty Districts)
478.560Â Â Â Â Deposit
and disbursement of funds of districts located in two or more counties
WITHDRAWAL OF TERRITORY
478.665Â Â Â Â Withdrawal
of territory from district; inclusion in forest protection district; assessment
FIRE SAFETY SYSTEMS
478.840Â Â Â Â Definitions
for ORS 478.845 to 478.875
478.845Â Â Â Â Revenue
bonds authorized for fire safety systems
478.850Â Â Â Â Sources
of bond payment restricted
478.855Â Â Â Â Loan
fund created from bond proceeds; other sources for fund
478.860Â Â Â Â Standards
for eligibility for loans for fire safety systems
478.865Â Â Â Â Loan
contract; repayment plan; terms and conditions
478.870Â Â Â Â Powers
granted to enforce loan contracts and secure payment of bonds; reserve fund
478.875Â Â Â Â Remedies
for breach of loan contract
478.880Â Â Â Â Legislative
findings
478.885Â Â Â Â Payment
or repayment for cost of fire safety system installation in multifamily housing
FIRE PREVENTION CODE; FIRE PERMITS
478.910Â Â Â Â Adoption
of fire prevention code
478.920Â Â Â Â Scope
of fire prevention code
478.924Â Â Â Â Approval
of code by city or county required
478.927Â Â Â Â Building
permit review for fire prevention code
478.930Â Â Â Â Violation
of code; failure to remove hazards; burning waste without permit prohibited
478.940Â Â Â Â Copies
of code to be filed with State Fire Marshal and posted at fire stations
478.960Â Â Â Â Burning
of certain materials permitted only with permission of fire chief; burning
schedules and restrictions
478.965Â Â Â Â Recovery
by district of costs of suppressing unlawful fire; attorney fees
DISTRICT IDENTIFICATION NAMES
478.970Â Â Â Â Purpose
of district identification names
478.972Â Â Â Â Application
by district to State Fire Marshal for identification name
478.980Â Â Â Â Identification
name for district formed by consolidation or merger of districts
478.982Â Â Â Â Reuse
of names of dissolved districts
PENALTIES
478.990Â Â Â Â Penalties
GENERAL PROVISIONS
     478.001
Definitions. (1) As used in
this chapter, unless the context requires otherwise:
     (a) “Board of directors” or “district
board” means the governing body of a district.
     (b) “County” means the county in which the
district, or the greater portion of the taxable assessed value of the district,
is located.
     (c) “County board” means the county court
or board of county commissioners of the county.
     (d) “District” means a rural fire
protection district proposed to be organized or organized under, or subject to,
this chapter.
     (e) “Owner” or “landowner” means a legal
owner of real property or the vendee of a contract of purchase of real
property, if any, to the exclusion of the vendor. The term includes a unit
owner, as defined in ORS 100.005.
     (2) As used in ORS 478.960:
     (a) “Commercial waste” 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, and means
any waste produced by a governmental, educational or charitable institution;
however, it 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. [1969 c.667 §2; 1975 c.635 §3; 1983
c.83 §95; 1983 c.350 §282; 1987 c.834 §5]
     478.002
Status of districts existing in 1957. (1) There hereby is created a rural fire protection district
territorially coterminous with each rural fire protection district existing on
July 2, 1957, or established after July 2, 1957, and prior to November 22,
1957, if such rural fire protection district was at that time a valid district
but for the fact that its electorate was restricted to property owners. In
determining the boundaries of districts created by this subsection, full effect
shall be given to annexations, withdrawals and consolidations effected by rural
fire protection districts prior to November 22, 1957, under this chapter or
other statutes authorizing or purporting to authorize such action.
     (2) Rural fire protection districts
territorially coterminous with the districts created by subsection (1) of this
section hereby are abolished.
     (3) Rural fire protection districts
created by this section shall be governed by this chapter. [1957 s.s. c.10 §1;
1959 c.344 §1]
     478.004
New district succeeds to and replaces abolished district. Each rural fire protection district created
by ORS 478.002 shall in all respects succeed to and replace the territorially
coterminous rural fire protection district abolished by ORS 478.002. Without
limiting the foregoing:
     (1) A successor district is:
     (a) The owner of the property of the
succeeded district, including real property and funds on deposit with the
county treasurer or banks.
     (b) Successor party to the contracts of
the succeeded district.
     (c) Successor party to the court
proceedings of the succeeded district.
     (d) Successor obligor on the indebtedness
of the succeeded district.
     (2) The rules, regulations, fire
protection codes and identification numbers of the succeeded district are the
rules, regulations, fire protection codes and identification numbers of the
successor district, until changed by appropriate action under this chapter.
     (3) The directors and officers of the
succeeded district are the directors and officers of the successor district.
Each director and officer shall hold office for a term equal to the term of the
office of the director or officer in the succeeded district. [1957 s.s. c.10 §2]
FORMATION
     478.010
Formation; territories that may not be included in districts. (1) A rural fire protection district may be
formed in the manner set forth in ORS 478.010 to 478.100.
     (2) A district may not include:
     (a) Territory within a city unless
otherwise authorized by law.
     (b) Territory within a water supply
district organized under ORS chapter 264 if the district has previously been
authorized by its electors to exercise the fire protection powers prescribed by
ORS 264.340.
     (c) Forestlands included within a forest
protection district under ORS 477.205 to 477.281 unless the owner consents and
notifies the rural fire protection district, however, forestland protected
pursuant to ORS 477.205 to 477.281 and not exceeding five acres in one
ownership shall be included in the rural fire protection district without the
ownerÂ’s consent if the ownership includes any structures subject to damage by
fire. Forestland included in a rural fire protection district under this
subsection subjects the forestland to assessments for fire protection by the
rural fire protection district and the forest protection district.
     (d) Railroad rights of way or improvements
thereon or rolling stock moving thereover unless the owner of such property
consents.
     (e) Ocean shores as defined by ORS
390.605. [Subsection (2) enacted as 1953 c.144 §1; 1969 c.651 §3; 1969 c.667 §§3,
69; 1971 c.727 §137; 1973 c.124 §1; 1973 c.337 §1a; 2001 c.104 §217]
     478.020 [Amended by 1967 c.610 §2; 1969 c.667 §4;
repealed by 1971 c.727 §203]
     478.030 [Amended by 1967 c.610 §3; 1969 c.667 §5;
repealed by 1971 c.727 §203]
     478.040 [Repealed by 1957 s.s. c.10 §4 (478.041
enacted in lieu of 478.040)]
     478.041 [1957 s.s. c.10 §5 (enacted in lieu of 478.040);
1959 c.68 §1; 1961 c.523 §1; 1961 c.549 §1; 1969 c.667 §6; repealed by 1971
c.727 §191]
     478.050
Qualifications for directors.
A director of a district shall be an elector or an owner within the district. A
district may determine, by ordinance that takes effect at least one year prior
to the date of a regular district election, that firefighters of the district,
volunteer or otherwise, and other district employees shall not serve as
directors. [Amended by 1963 c.299 §1; 1969 c.667 §7; 1971 c.647 §109; 1971
c.727 §§139, 197; 1973 c.618 §1; 1987 c.834 §1]
     478.060 [Amended by 1963 c.299 §2; repealed by 1971
c.647 §149 and by 1971 c.727 §203]
     478.070 [Amended by 1961 c.549 §2; 1969 c.667 §8;
repealed by 1971 c.727 §203]
     478.080 [Amended by 1961 c.549 §3; 1969 c.667 §9;
repealed by 1971 c.647 §149; 1971 c.727 §203]
     478.090
Effect of 1939 Act on districts then existing. Nothing in this chapter shall be construed
as impairing the legality or organization of any rural fire protection district
existing on June 14, 1939, nor to exclude from such districts any lands then
included therein, nor the legality of any act of such district done in
accordance with the prior law, nor shall it be deemed to affect the legality of
the election of any officer of any such existing rural fire protection
district. Nor shall anything in this chapter be deemed in any way to affect any
indebtedness or financial obligation lawfully created by any fire protection
district existing on June 14, 1939, and such existing rural fire protection
district is confirmed and for the purpose of continued and future operation
shall be deemed as organized under the terms and conditions of this chapter and
entitled to all benefits and clothed with all the rights, powers and duties as
by this chapter provided.
     478.100
Immaterial defects in organization not to invalidate district organization. No final order of a county board
establishing a district shall be set aside, or annulled upon appeal or review,
on account of any defect or irregularity in the petition asking for
organization of such district, or notice thereof, which does not materially
affect the substantial rights of an interested party. The following
irregularities are declared to be immaterial defects:
     (1) Errors of description of the
intermediate points, courses or distances of the exterior boundaries of the
proposed district set out in the petition for organization or as changed at the
hearing by the county board, when the exterior boundaries can be otherwise
definitely determined.
     (2) Errors in posting notices where it can
be shown that all persons objecting to the proceedings had actual notice
thereof prior to the hearing.
     (3) Errors in or omissions of the names of
petitioners or number thereof, or in the percentage thereof of property owners
in the district, required to sign the petition for organization, where there is
entered upon the records of the county board an order or proclamation
establishing or legally forming such district. [Amended by 1969 c.667 §10; 1975
c.326 §4]
     478.110 [Repealed by 1969 c.667 §70]
     478.115
County governing body to determine territory of district. Subject to the provisions of ORS 478.010, a
county governing body may, under ORS 198.705 to 198.955, include in or exclude
from a proposed district, or territory proposed to be annexed to a district,
such territory as it determines. [1979 c.473 §2]
     478.120
Inclusion of forestland in district. The authority to include forestland within a rural fire protection
district pursuant to ORS 478.010 (2)(c) applies to forestland within the
exterior boundaries of an existing district and to forestland on which
structures subject to damage by fire have been added after July 20, 1973. [1973
c.337 §3]
     478.130
Certain structures subject to fire damage to be added to tax rolls. Any land upon which structures subject to
damage by fire have been built shall be added to the assessment roll for the
tax year beginning July 1 following the calendar year in which construction on
the structure was begun. [1973 c.337 §4; 1993 c.270 §68]
     478.140
Procedure for adding land to district by consent of owner. Any owner consenting to add the forestland
of the owner to the district under ORS 478.010 (2)(c) shall do so on forms
supplied by the Department of Revenue. The owner shall file the original with
the district. The district shall forward a copy to the assessor of each county
in which the land is located, within 20 days of receipt. [1973 c.337 §5]
     478.150
Conference with State Forestry Department required prior to formation of district
or annexation of territory.
Prior to the formation of any rural fire protection district or the annexation
of any territory to an existing rural fire protection district of any territory
within the exterior boundaries of a forest protection district established
pursuant to ORS chapter 477, the petitioners of the proposed district or
annexation shall confer with the State Forestry Department in determining the
boundaries and lands to be included within the rural fire protection district. [1973
c.337 §6]
     478.155
Formation of district with tax zones; contents of formation petition and order
creating district; determination of tax levy in each zone; boundary changes. (1) When formation of a district is proposed
after October 15, 1983, the petition or order for formation may include, in
addition to other information required under ORS 198.750 or 198.835:
     (a) A statement that the district shall be
divided into a specified number of zones for the purpose of imposing and
levying ad valorem taxes at different rates in each zone based upon differences
in services provided by the district in each zone.
     (b) The boundaries of the proposed zones.
     (2) If an election on formation of the
district is held, the county board shall order the questions of whether or not
to form the district and, if the district is formed, whether or not to divide
it into zones to be submitted to the voters as separate questions to be voted
upon separately.
     (3) After an election on formation is
held, if both the formation of the district and the division of the district
into zones are approved by the voters, the order issued under ORS 198.820 (3)
creating the district shall declare that the district contains zones with the
boundaries specified in the petition or order for formation. If only formation
of the district is approved by the voters, the order creating the district
shall be issued as provided in ORS 198.820.
     (4) If the district is formed without an
election, the order issued under ORS 198.820 (3) creating the district shall
declare that the district contains zones with the boundaries specified in the
petition or order for formation.
     (5) When a district containing zones is
formed under this section, the first board of directors of the district, prior
to the levy of any ad valorem taxes by the district, shall provide notice of a
public hearing and conduct the hearing as provided in ORS 478.480 (2) and
478.485. After the public hearing required under this section, the board shall
enter an order in its journal stating the percentage of the total amount of ad
valorem taxes of the district that will be collected in each zone. The board
may then determine, make and declare the ad valorem tax levy for each zone.
     (6) The boundaries of the zones and the
percentages of taxes collected in each zone that are established for a district
under this section shall be effective until the regular district election in
the first odd-numbered year following the year in which the district is formed.
At that regular district election, a proposal for changing the boundaries of
the zones may be submitted to the voters of the district as provided in ORS
478.480 (2), 478.485 and 478.490. If no proposal for a boundary change is
submitted, the boundaries of the zones established upon formation of the
district shall be retained until notice of a change is given to, and approved
by, the voters of the district as provided in ORS 478.480 (2), 478.485 and
478.490. [1983 c.569 §8]
     478.160
Filing of boundary or zone change with county assessor and Department of
Revenue. For purposes of ad
valorem taxation, a boundary or zone change must be filed in final approved
form with the county assessor and the Department of Revenue as provided in ORS
308.225. [2001 c.138 §38]
POWERS AND
DUTIES
     478.210
Directors; organization; term; oath. (1) The power and authority given to the district, except as otherwise
provided, is vested in and shall be exercised by a board of five directors.
Except as provided by subsection (3) of this section, the term of director is
four years.
     (2) The board of directors shall fill any
vacancy on the board as provided in ORS 198.320.
     (3) Within 10 days after receiving their
certificates of election, the members of the first board of a district shall
meet and organize by first taking and subscribing an oath of office. At the
same meeting, the directors shall determine by lot the length of term each
shall hold office. Of the members of the board first elected:
     (a) The terms of two directors shall
expire June 30 next following the first regular district election; and
     (b) The terms of three members shall
expire June 30 next following the second regular district election. [Amended by
1969 c.667 §11; 1971 c.727 §140; 1973 c.796 §67; 1975 c.647 §43; 1983 c.350 §283]
     478.215
Position numbers for director election. (1) Each office of director shall be designated by number as Position
No. 1, Position No. 2 and so forth.
     (2) The secretary of a district shall
assign a position number to each office on the board. The number so assigned
shall be certified by the secretary to the director in office holding that
position. A copy of the certification shall be filed in the records of the
elections officer for the district. [1977 c.301 §4; 1983 c.350 §284]
     478.220 [Repealed by 1957 s.s. c.10 §6 (478.221
enacted in lieu of 478.220)]
     478.221
Nomination and election of directors. (1) Candidates for election from subdistricts created by ORS 478.225
shall be nominated by electors of the subdistricts. Candidates for election at
large may be nominated by electors of subdistricts or by electors of the
district, or any combination of such methods.
     (2) Subject to ORS 478.225, the directors
may be elected in one of the following methods or a combination of both:
     (a) Elected by electors of subdistricts.
     (b) Elected at large by position number by
the electors of the district. [1957 s.s. c.10 §7 (enacted in lieu of 478.220);
1969 c.667 §§13, 66; 1969 c.669 §12; 1971 c.647 §111; 1973 c.796 §68; 1975
c.647 §44; 1979 c.364 §6; 1983 c.350 §285]
     478.225
Election subdistricts; petition for formation; election. (1) This section establishes the procedure
for determining either of the following questions:
     (a) Whether subdistricts should be created
in a district for the purpose of nominating or electing two or more directors.
     (b) Whether the method established in a
district for nominating and electing directors should be changed to another
method.
     (2) A question under this section shall be
decided by election. The district board shall order an election when a petition
is filed as provided in this section.
     (3) Except as otherwise provided in this
section, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition in ORS
255.135 to 255.205.
     (4) If the question proposes creation of
subdistricts or a change in the boundaries or the number of existing
subdistricts, the following requirements shall apply:
     (a) The petition shall contain a map
indicating the proposed subdistrict boundaries. The map shall be attached to the
cover sheet of the petition and shall not exceed 14 inches by 17 inches in
size.
     (b) Notwithstanding ORS 250.035, the
statement summarizing the measure and its major effect in the ballot title
shall not exceed 150 words.
     (c) The following apply to the statement
summarizing the measure and its major effect in the ballot title:
     (A) The statement shall specify the method
of nomination and election of directors from among the methods described in ORS
478.221.
     (B) The statement shall specify whether,
in filling each position on the board, an elector of the district may sign a
petition of nomination or vote for a candidate from any subdistrict or only for
a candidate from the subdistrict in which the elector resides.
     (C) If the method for nominating directors
combines nomination of candidates from and by subdistricts and nomination of
candidates at large, the statement shall specify the number of candidates to be
nominated in each manner. The statement shall include a general description of
the proposed boundaries of the subdistricts, using streets and other generally
recognized features.
     (d) The order calling the election shall
contain a map of the proposed subdistrict boundaries and a metes and bounds or
legal description of the proposed subdistrict boundaries. The map and
description shall be prepared by the county surveyor or county assessor and
shall reflect any adjustment made in the boundaries under subsection (7) of
this section.
     (5) The map to be contained in the
petition under subsection (4) of this section shall be prepared by the county
surveyor or county assessor. The chief petitioners shall pay the county for the
cost of preparing the map, as determined by the county surveyor or county
assessor. The county clerk shall not accept the prospective petition for filing
until the chief petitioners have paid the amount due.
     (6) Subsection (4) of this section does
not apply if the question proposes abolition of all subdistricts.
     (7) If the district board determines or
adjusts the boundaries of the subdistricts under ORS 478.228 before submitting
the question under this section, the district board shall amend the ballot
title as necessary to reflect its adjustment of the boundaries.
     (8) If the electors of the district
approve the creation of subdistricts, or a change in the boundaries or the
number of existing subdistricts, directors then holding office shall continue
to serve until their terms of office expire. As vacancies occur, positions to
be filled by nomination or election by subdistrict shall be filled by persons
who reside within subdistricts which are not represented on the board. If more
than one subdistrict is not represented on the board when a vacancy occurs, the
subdistrict entitled to elect a director shall be decided by lot. [1979 c.364 §2;
1983 c.350 §286; 1995 c.79 §290; 1995 c.534 §18]
     478.228
Boundaries of subdistricts.
The boundaries or proposed boundaries of election subdistricts proposed or
established within a district under ORS 478.225 from which directors are to be
nominated or elected shall be as nearly equal in population as is feasible
according to the latest available federal census data and shall be adjusted by
the board to apportion population, to follow wherever practicable existent
election precinct boundaries and to reflect boundary changes of the district.
The boundaries shall be determined or adjusted by the board prior to submitting
the question of election subdistricts to the electors under ORS 478.225. [1979
c.364 §3; 1983 c.350 §287]
     478.230 [Amended by 1953 c.369 §2; 1967 c.609 §11;
1969 c.667 §14; repealed by 1971 c.647 §149]
     478.231
Election laws applicable.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of
directors.
     (b) The conduct of district elections.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §289]
     478.232 [1979 c.364 §4; repealed by 1983 c.350 §331a]
     478.234
Subdistricts for nomination or election of directors. (1) The question whether subdistricts should
be established for the purpose of nominating or electing one or more board
members may be submitted at an election called under ORS 198.866 and 198.867,
or at an election on merger or consolidation called under ORS 198.903.
     (2) The following provisions of ORS
478.225 (4) apply to an election on annexation, merger or consolidation when
the question of establishing subdistricts is submitted at that election:
     (a) The requirements applicable to the
ballot title.
     (b) The provision for a map of the
proposed subdistrict boundaries. [1983 c.350 §286c]
     478.235 [1979 c.364 §5; repealed by 1983 c.350 §331a]
     478.240
Special elections; electors.
(1) At any regular meeting, the district board may call a special election.
     (2) In any district in which there are no
electors registered in the district and the property is used for business,
industrial or farming purposes and is nonresidential in character, all owners
of property located within the district may vote, and the authorized officer or
representative of any corporation owning land in the district may vote for the
corporation landowner. [Amended by 1969 c.667 §15; 1971 c.647 §112; 1973 c.618 §2;
1983 c.83 §96; 1983 c.350 §290]
     478.245 [1955 c.617 §1; repealed by 1969 c.325 §4
and 1969 c.667 §70]
     478.250
Meetings and officers of board.
(1) The district board shall hold meetings at such time and place within the
district as it determines. It shall hold at least one regular meeting in each
month on a day fixed by the board, and may hold special meetings under such
rules as it may make.
     (2) At the organizational meeting the
board shall choose from the members a president, vice president, secretary and
a treasurer. The board may choose as secretary and treasurer the same person.
Officers shall hold their offices until the first regular meeting in July
following or until their successors are elected and qualified. They shall have
the powers and perform the duties usual in such cases. In the absence of the
president, the vice president or, in the absence of both, any other member of
the board may preside at any meeting.
     (3) The board shall transact all business
pertinent to the establishment, equipment and maintenance of the district and
its properties. [Amended by 1969 c.344 §7; 1969 c.345 §11; 1969 c.667 §§16, 67;
1983 c.192 §1]
     478.260
Fire chief and assistants; headquarters; acquisition of site; fire and
first-aid apparatus and equipment; emergency medical and ambulance services. (1) The district board shall select a fire
chief qualified by actual experience as a firefighter and fire precautionist,
or otherwise, and assistants, volunteer or otherwise, and fix their
compensation. The fire chief shall be responsible for the equipment and
properties of the district. Under the direction of the board, the fire chief
shall be responsible for the conduct of the department.
     (2) The board, with advice and counsel of
the fire chief, shall select the location of the fire house or houses or
headquarters of the fire department of the district. Such sites shall be chosen
with a view to the best service to the residents and properties of the whole
district and may be acquired by purchase or exercise of the powers of eminent
domain in the manner provided by ORS chapter 35. The board may purchase
apparatus and equipment as needed by the district, and provide a water system,
ponds or reservoirs for the storage of water for fire-fighting purposes. Or the
board may contract with water companies or districts, or both, for water
service and facilities at a rate of compensation mutually agreed upon. The
board also may divide the district into zones or subdivisions and provide an
adequate system or code of fire alarms or signals by telephone, bell, whistle,
siren or other means of communication.
     (3) A district may operate or acquire and
operate, or contract for the operation of, emergency medical service equipment
and vehicles both within and without the boundaries of the district. A district
may conduct ambulance operations only in conformance with a county plan adopted
under ORS 682.062 for ambulance services and ambulance service areas and with
rules of the Department of Human Services relating to such services and service
areas. Service authorized under a county plan includes authorization for a
district to provide ambulance services by intergovernmental agreement with any
other unit of local government designated by the plan to provide ambulance
services.
     (4) As used in this section, “ambulance
services” has the meaning given that term in ORS 682.027. [Amended by 1953
c.369 §2; 1959 c.658 §1; 1967 c.348 §1; 1969 c.667 §17; 1973 c.192 §1; 1979
c.565 §1; 1981 c.538 §1; 1989 c.722 §1]
     478.270
Reports of directors; State Fire Marshal to cooperate and furnish blank forms. (1) The district board shall report monthly
to the State Fire Marshal, upon forms prescribed by the State Fire Marshal,
information the State Fire Marshal may require, and shall, at any time, upon
request furnish further report or information required by the State Fire
Marshal.
     (2) The State Fire Marshal shall cooperate
in the formation, operation and administration of districts. The State Fire
Marshal shall prepare and make available uniform forms for reports required by
this section and other uniform forms and blanks the State Fire Marshal
considers advisable. [Amended by 1969 c.667 §18; 1983 c.192 §2]
     478.280
Employment of assistants.
The board of directors may employ assistants as necessary or convenient in
carrying on the work of the district and fix their compensation. The expenses
of directors actually incurred in the service of the district may be paid by
the board. [Amended by 1969 c.667 §19]
     478.290
Additional authority of districts within 10 mile radius of city of 100,000 or
more. Districts situated
within a radius of 10 miles of a city of over 100,000 population may, in
addition to the powers granted by ORS 478.210, 478.221 and 478.240 to 478.280,
install, maintain and operate systems of street, road or highway lights. The
lights shall be maintained upon the streets, roads or intersections as the
board considers is needed to furnish the best lighting service to the residents
and properties in the district. [Amended by 1969 c.667 §20]
     478.300
Contracting with others to provide facilities and services for fire protection
or road lighting; authority over open burning and fire permits; rules. (1) In addition to the authority to enter
into intergovernmental agreements under ORS chapter 190, a rural fire
protection district or other public body as defined in ORS 174.109 may contract
with any person for the purpose of affording fire fighting, protection or
prevention facilities or road-lighting facilities and services, or both, to
such person.
     (2) When any agreement or contract is
entered into pursuant to ORS chapter 190 or subsection (1) of this section to
provide fire protection service, the rural fire protection district or other
public body providing such service shall have authority over open burning and
the issuance of fire permits in the area served, and may in accordance with
this chapter make reasonable rules and regulations relating thereto. [Amended
by 1965 c.602 §27; 1969 c.667 §21; 2003 c.802 §126]
     478.305
Contracting with others for mutual communication system; contracts in other
states. (1) Any district may
contract with other rural fire protection districts or cities operating a fire
department for the establishment and maintenance of a mutual communication
system for fire prevention and protection and may, in cooperation with the other
contracting party or parties, provide for a joint board of control composed of
representatives of the contracting parties, to control the operations of such
communication system.
     (2) Any district any portion of whose
boundary coincides with the boundary of this state may contract with any public
agency of, or person in, an adjoining state for the purpose of receiving or
furnishing fire protection or for the purpose of water supply for fire
fighting. [1955 c.579 §1; 1969 c.667 §22]
     478.308
Contracting with others for regional oil and hazardous material emergency
response team. (1) Any
district may contract with another rural fire protection district, city or
county to establish, operate and maintain a regional oil and hazardous material
emergency response team. The contracting parties may provide for a joint board
of control, composed of representatives of the contracting parties, to control
the operation of the regional emergency response team.
     (2) A rural fire protection district may
receive a grant under section 42, chapter 539, Oregon Laws 1987.
     (3) Any district whose boundary coincides
with the boundary of this state may contract with a public agency or person in
an adjoining state for the purpose of responding to spills or releases of oil
and hazardous material.
     (4) As used in this section, “hazardous
material,” “oil,” “person” and “spill or release” have the meaning established
in ORS 466.605. [1987 c.539 §44]
     478.310
Response to fire or public safety incident outside its own territory by district
or municipality; liability for costs. (1) When a fire or public safety incident occurs outside the limits of
a district or of a city and help is asked of the district or city, the
fire-fighting or public safety apparatus and force of the district or city may,
with or without a contract to do so, be used for extinguishing the fire or
responding to the public safety incident in the other unprotected or
inadequately protected district or territory. However, the district or city so
responding shall be paid the contract or reasonable value for use, including
repairs and depreciation, of the apparatus and equipment so used and other
expenses reasonably incurred in furnishing the fire-fighting or public safety
service.
     (2) When a district or city responds to a call
for assistance arising from an incident involving an airplane crash or an
occurrence on a transportation route within the city or district, the district
or city may recover from the person or property receiving the direct fire or
safety services as a result of the incident any cost incurred for the
following:
     (a) The contract or reasonable value of
the use, including repairs and depreciation, of the apparatus and equipment
used in accordance with a state standardized-costs schedule issued by the State
Fire Marshal; and
     (b) Other expenses or costs reasonably
incurred in furnishing the assistance, as adopted by the service provider.
     (3) As used in this section, “transportation
route” means a roadway, waterway or railroad right of way against which no taxes
or assessments for fire protection are levied by the district or city.
     (4) The provisions of this section do not
apply to fire incidents involving only forest resources that occur on lands
protected under ORS chapter 477. [Amended by 1969 c.667 §23; 1983 c.572 §1;
1987 c.834 §2; 1997 c.274 §38]
     478.315
Response to fire or public safety incident in
     (a) The amount due under a contract with
the state agency for the services provided by the district; or
     (b) If there is no contract, the actual
costs incurred by the district in extinguishing the fire or responding to the
public safety incident.
     (2) When vehicles, apparatus and personnel
are used under subsection (1) of this section, the state agency requesting
assistance shall be liable and shall pay the amount due under the contract, if
any, or the actual costs incurred by the district. A claim for such costs shall
not be allowed unless, within 60 days after the costs have been incurred, an
itemized statement of the actual costs, certified under oath by the treasurer
of the district, and a demand for payment are served by mail or personal
service upon the state agency. Such costs shall be payable from moneys made
available to the state agency for such purpose.
     (3) If any such costs are not paid within
90 days after the itemized statement of actual costs and demand for payment are
received by the state agency, the district may bring an action against the
state agency for the recovery of such unpaid costs.
     (4) As used in this section, “state
property” means any public land or other real property controlled by any agency
of the State of
     (5) The provisions of this section do not
apply to fire incidents involving only forest resources that occur on lands
protected under ORS chapter 477. [1989 c.395 §2; 1997 c.274 §39]
BENEFITS FOR
DISTRICT EMPLOYEES
     478.325
District may levy taxes for purposes of ORS 478.335 to 478.370. Expenses incurred by a district in
establishing programs or providing benefits authorized by ORS 478.335 to
478.370 are expenses for which a district may levy taxes as provided by ORS
478.410. [1963 c.366 §8]
     478.335
Contracts for medical and hospital services or insurance. (1) A district board may enter into
contracts for medical and hospital services or insurance covering employees of
the district for remedial care and hospital benefits. Failure to obtain
insurance or service contracts shall not be construed as negligence or lack of
diligence on the part of the board or the members thereof.
     (2) As used in this section “remedial care”
includes services rendered by a person licensed to practice one or more of the
healing arts within the scope of the license of the person or any other
remedial care recognized under the law of this state. [1963 c.366 §1; 1969
c.667 §24]
     478.340
Payment of premiums or charges on contracts; employee contributions; multiple
contracts. (1) The district
may agree to pay none, part or all of the premiums or charges on insurance or
service contracts, and it may collect from the salary of any employee covered
by the contract the percentage of the premiums or charges the employee is
required to provide pursuant to the contract. Contributions for premiums or
charges by employees shall be only on a voluntary basis.
     (2) The board may negotiate more than one
contract with one or more companies or associations if necessary to obtain
optimum coverage at minimum cost.
     (3) No premium or other periodic charge on
any insurance or service contract shall be paid unless the insurer or hospital
association issuing such policy or contract is authorized to transact business
as an insurance company or hospital association in this state. [1963 c.366 §2]
     478.355
Establishment of employee retirement system; provisions of plan. (1) A district may establish an employeesÂ’ retirement
system pursuant to ORS 478.355 to 478.370. The board may enter into agreements
necessary to establish the system and carry out the plan and may agree to
modifications of such agreements from time to time.
     (2) The retirement plan may provide for retirement
benefits measured on the basis of services rendered or to be rendered by an
employee, either before or after the date on which such employee first becomes
a member of the retirement plan. The retirement plan may provide for a minimum
of years of service and a minimum and maximum age of retirement for the
employee. [1963 c.366 §§3, 4; 1969 c.667 §25]
     478.360
Fund to provide retirement benefits. The district may budget and provide for payment into the fund of the
retirement plan an amount sufficient:
     (1) To provide, on an actuarial reserve
basis, the amortized level premium cost of the retirement benefits which, under
the provision of the retirement system, are to be provided by the district to
its employees who attain the retirement age or retire in accordance with the
terms of the retirement plan.
     (2) To meet the actuarially computed costs
of retirement benefits measured on the basis of services rendered or to be
rendered by an employee before or after the date on which such employee becomes
a member of the retirement plan. [1963 c.366 §6]
     478.365
Employee contributions to retirement fund. The district may collect, as a contribution from any employee, that
percentage of the salary received by the employee which is necessary to fund on
an actuarial reserve basis the cost of retirement benefits which the employee
is required to provide pursuant to the provisions of a retirement plan. [1963
c.366 §5]
     478.370
Retirement benefits not to be funded for individual not employee of district
when membership in system created. Nothing in ORS 478.325 and 478.355 to 478.370 authorizes the district
to budget, provide for payments or collect contributions to fund retirement
benefits for an individual who is not in the employment of the district at the
time of the creation of a membership status under a retirement plan. [1963
c.366 §7]
BENEFITS FOR
DISTRICT VOLUNTEERS
     478.390
Investments authorized to fund length of service awards for volunteer
firefighters. In addition to
the investments authorized by ORS 294.035, the board of directors of a rural
fire protection district organized under ORS chapter 478 may invest or cause to
be invested any surplus funds of the district in contracts described in ORS
294.035 (3)(f) for the purpose of funding length of service awards for the
volunteer firefighters of the district. [1993 c.452 §2; 1995 c.245 §13; 2005
c.443 §30]
     Note: 478.390 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 478 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
REVENUES AND
FINANCES
(Generally)
     478.410
Power of district to levy taxes, borrow money, sell bonds and create fees. (1) To provide funds for defraying expenses
for the establishment, equipment and maintenance of the district, the district
board may provide for a tax on the assessed value of all taxable property
within the district.
     (2) To carry into effect any of the powers
granted to the district, the district, when authorized by a majority of the
voters voting at an election called for that purpose, may borrow money and sell
and dispose of general obligation bonds. The total outstanding general
obligation bonds, together with liabilities outstanding incurred under rental or
lease-purchase agreements authorized by subsection (3) of this section, may not
exceed one and one-fourth percent (0.0125) of the real market value of all
taxable property within the district, computed in accordance with ORS 308.207.
     (3) The district board may enter into
rental or lease-purchase agreements to rent, lease or acquire real or personal
property, or both, required for fire-protection purposes. Except for agreements
to rent, lease or acquire real property, an agreement may not run for more than
10 years or be subject to renewal. The aggregate principal obligations under
the agreements, and under other like agreements, with outstanding bonded
indebtedness, may not exceed the limitation imposed by subsection (2) of this
section. ORS 294.305 to 294.555 do not affect or restrict the right of any
district to enter into an agreement described in this subsection.
     (4) Unless expressly prohibited by the
documents creating the district, a district board may adopt an ordinance as
provided under ORS 198.510 to 198.600 to create a fee for any service provided
by the district. A fee created under authority of this section may not exceed
the cost to the district of providing the service. The fee authority granted to
a board by this subsection is in addition to any authority granted to a board
under local law or by the documents creating the district. Notwithstanding ORS
198.600, the failure to pay a fee created under authority of this section is
not a violation punishable under ORS 198.600. [Amended by 1959 c.520 §1; 1963
c.9 §30; 1967 c.235 §1; 1969 c.667 §26; 1975 c.467 §1; 1981 c.804 §108; 1983
c.192 §3; 1991 c.459 §418; 2005 c.620 §1]
     478.420
     478.430
Ad valorem tax. A district
board shall ascertain and levy annually, in addition to all other taxes, an ad
valorem tax on all the taxable property in the district, sufficient to pay the
interest accruing and the principal maturing on the bonds promptly as they
become due. [Amended by 1969 c.667 §28; 1969 c.694 §19; 1971 c.36 §8; 2001
c.215 §13]
     478.440
Gifts; sinking fund. The
district may receive from any source whatever, gifts, donations, bequests,
money or property for any purpose consistent with the terms of this chapter.
The district may, from time to time, provide from its current revenue or create
or set up sinking funds to be applied to authorized expenditures contemplated
to be made beyond the current tax year. [Amended by 1983 c.740 §190]
     478.450
Tax for road lighting; method.
To provide funds for defraying expenses for the installation, maintenance and
operation of the road-lighting service to the district, the district board may
provide for a tax not exceeding one-tenth of one percent (0.001) of the real
market value of all taxable property within the district, computed in
accordance with ORS 308.207. Upon approval of the majority of the electors
voting at a special election called for such purpose the board 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 district for this purpose,
computed in accordance with ORS 308.207. [Amended by 1967 c.293 §33; 1969 c.667
§29; 1991 c.459 §419]
     478.460
Deposit and disbursement of funds. Funds collected on behalf of the district through the levy of taxes,
all donations, contributions, bequests or annuities and all borrowed money
received by or on behalf of the district shall be deposited in one or more
depositories, as defined in ORS 295.001, to be designated by the board. Funds
shall be drawn out only upon proper order and warrant or check, bearing the
signature of those persons authorized to sign warrants or checks by resolution
of the board. [Amended by 1965 c.540 §1; 1969 c.667 §30; 1969 c.694 §20; 1971
c.36 §9; 1987 c.834 §3; 2001 c.215 §14]
     478.470
Interest on unpaid warrants; limitation on amount of warrants. All warrants for the payment of any
indebtedness of a district which are unpaid for want of funds shall bear
interest at a rate to be fixed by the district board but not to exceed six
percent per annum from the date of the registering of the unpaid warrants with
the county treasurer. The amount of warrants outstanding shall not exceed the
revenue provided for the year in which the indebtedness was incurred. [Amended
by 1969 c.667 §31]
(Tax Zones)
     478.480
Formation of tax zones; basis for zones; public hearing. (1) A district board may divide its district
into zones for the purpose of imposing and levying ad valorem taxes at
different rates on the assessed value of all taxable property in each zone. The
establishment of zones within a district under this section shall be based upon
differences in the services provided by the district to the residents and their
property in each zone.
     (2) When a district board decides to
divide the district into zones under subsection (1) of this section, it shall
conduct a public hearing on the formation of the proposed zones. The hearing
shall be held after notice to the public is published as provided in ORS
478.485. The notice shall set forth the date, hour and place of the hearing and
the information required under ORS 478.485. The notice shall state that all
interested persons may attend and shall be given a reasonable opportunity to be
heard. [1983 c.569 §§2,3]
     478.485
Notice of public hearing.
(1) The district board shall cause a notice of a public hearing relating to the
formation of zones under ORS 478.480 (1) to be published once a week for two
successive weeks in the newspaper in general circulation in the district which,
in the judgment of the district board, will afford the best notice to the
residents of the district.
     (2) The notice published under this
section shall set forth:
     (a) The resolve of the district board to
divide the district into zones.
     (b) The boundaries of the proposed zones.
     (c) The percentage of the total amount of
ad valorem taxes of the district that will be collected in each zone. [1983
c.569 §4]
     478.490
Election on question of dividing district into tax zones; order creating zones;
effect. (1) After the public
hearing required under ORS 478.480 (2), if the district board decides to
proceed with the proposal, it shall submit the question of dividing the
district into zones to the voters of the district at the next regular district
election on the date specified in ORS 255.335 (1).
     (2) If a majority of the voters of the
district voting upon the question vote in favor of dividing the district into
zones, the district board shall enter an order in its journal declaring that
fact. The order shall be conclusive as to the regularity of all proceedings in
reference to the election and to the existence of the zones. [1983 c.569 §5]
     478.495
Limitation on changes in tax zone boundaries. (1) When a proposal for dividing a district into zones is approved by
the voters of a district, a proposal for changing the boundaries of the zones
shall not be submitted to the voters at the regular district election next
following such approval, but may be submitted at any regular district election
thereafter.
     (2) Following approval of the formation of
zones within a district by the voters of the district, the boundaries of the
zones shall not be changed by the district board unless notice of that change
is given to, and approved by, the voters of the district as provided in ORS
478.480 (2), 478.485 and 478.490. [1983 c.569 §6]
     478.500
Determination of tax levy in each tax zone. If a district is divided into zones under ORS 478.480 (1), the
district board shall determine, make and declare the ad valorem tax levy for
each zone when the district board adopts its budget for any fiscal year. The
determination of the amount of ad valorem taxes to be levied in each zone shall
be in accordance with the proposal approved by the voters under ORS 478.490 and
shall be entered in the proper records of the district board. [1983 c.569 §7]
     478.505
Petition for tax zones by district electors; number of signatures required;
public hearing. (1) The
electors of a district may initiate proceedings to divide the district into
zones under ORS 478.155 and 478.480 to 478.500 by filing a petition with the
district board. The petition shall state the name of the district and contain a
request that the district board divide the district into zones consisting of
areas zoned for exclusive farm use, areas within urban growth boundaries and
all other areas.
     (2) A petition filed under this section
shall be signed by not less than 10 percent of the electors of the district.
     (3) When the district board receives a
petition filed under this section, the district board shall hold a public
hearing on the formation of the proposed zones, and provide notice thereof, as
required by ORS 478.480 (2) and 478.485. [1993 c.424 §13]
     478.510 [Amended by 1969 c.667 §32; repealed by 1971
c.727 §203]
     478.520 [Amended by 1969 c.667 §33; repealed by 1971
c.727 §203]
     478.530 [Amended by 1969 c.667 §34; repealed by 1971
c.647 §149 and by 1971 c.727 §203]
     478.540 [Amended by 1969 c.694 §21; repealed by 1971
c.727 §203]
     478.550 [Repealed by 1969 c.667 §70]
     478.555 [1969 c.694 §23; repealed by 1971 c.727 §203]
(Multicounty
Districts)
     478.560
Deposit and disbursement of funds of districts located in two or more counties. Funds accruing to a district, located in two
or more counties, from any source shall be deposited in one or more
depositories, as defined in ORS 295.001, whose deposits are insured pursuant to
federal statute and shall be drawn out only upon proper order and warrant or
check bearing the signature of those persons authorized to sign warrants or
checks by resolution of the board. [Amended by 1965 c.540 §2; 1969 c.667 §35;
1969 c.694 §24; 1971 c.36 §10; 1971 c.727 §141; 1983 c.185 §1; 1987 c.834 §4;
2001 c.215 §15]
     478.610 [Amended by 1959 c.658 §2; 1963 c.299 §3;
1967 c.610 §1; 1969 c.79 §4; 1969 c.667 §36; repealed by 1971 c.727 §203]
     478.614 [1953 c.165 §1; 1961 c.682 §1; 1969 c.667 §37;
repealed by 1971 c.727 §203]
     478.616 [1953 c.165 §2; 1969 c.667 §38; repealed by
1971 c.727 §203]
     478.618 [1969 c.79 §6; 1969 c.667 §68; repealed by
1971 c.727 §203]
     478.620 [Amended by 1969 c.667 §39; repealed by 1971
c.727 §203]
     478.630 [Amended by 1969 c.667 §40; repealed by 1971
c.727 §203]
     478.640 [Amended by 1969 c.667 §41; repealed by 1971
c.727 §203]
     478.650 [Amended by 1969 c.667 §42; repealed by 1971
c.727 §203]
     478.660 [Amended by 1969 c.667 §43; repealed by 1971
c.727 §203]
WITHDRAWAL OF
TERRITORY
     478.665
Withdrawal of territory from district; inclusion in forest protection district;
assessment. In addition to
any other method of initiating proceedings to withdraw territory from a district,
the county board may, after appropriate proceedings, order the withdrawal of
forestland from a district if:
     (1) Written request for the withdrawal is
submitted to the county board by the district board;
     (2) Inclusion of the withdrawn forestland
within a forest protection district under ORS 477.205 to 477.281 is agreed to
by the State Forester;
     (3) A public hearing for the landowners
concerned is held regarding the withdrawal by the county board; and
     (4) Any lands so withdrawn and transferred
to a forest protection district for purposes of fire protection shall be
assessed for this purpose under ORS chapter 477 and, except as provided by ORS
198.880, shall no longer be assessed for fire protection by the rural fire
protection district. [1969 c.651 §2; 1971 c.727 §142]
     478.700 [1965 c.316 §2; 1969 c.667 §44; repealed by
1971 c.727 §203]
     478.710 [Amended by 1969 c.667 §45; repealed by 1971
c.727 §203]
     478.720 [Amended by 1969 c.667 §46; repealed by 1971
c.727 §203]
     478.730 [Amended by 1969 c.667 §47; repealed by 1971
c.727 §203]
     478.740 [Amended by 1969 c.667 §48; repealed by 1971
c.727 §203]
     478.750 [Amended by 1965 c.316 §4; 1969 c.667 §49;
repealed by 1971 c.727 §203]
     478.760 [1965 c.316 §3; 1969 c.667 §50; repealed by
2003 c.46 §54]
     478.810 [Amended by 1969 c.667 §51; repealed by 1971
c.727 §203]
     478.820 [Amended by 1969 c.667 §52; repealed by 1971
c.727 §203]
     478.830 [Amended by 1969 c.667 §53; repealed by 1971
c.727 §203]
FIRE SAFETY
SYSTEMS
     478.840
Definitions for ORS 478.845 to 478.875. As used in ORS 478.845 to 478.875:
     (1) “District” means a rural fire
protection district organized under ORS chapter 478.
     (2) “Fire safety system” means any device
or system that protects structures or people from damage, injury or destruction
by fire or that minimizes the effects of fire. The term includes automatic fire
sprinkler systems. [1995 c.725 §1]
     Note: 478.840 to 478.875 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
478 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     478.845
Revenue bonds authorized for fire safety systems. (1) Notwithstanding any other provision of
law or any restriction on indebtedness contained in a charter, a city or
district may issue and sell revenue bonds under ORS 478.845 to 478.875, loan
moneys to qualified persons for the installation of fire safety systems and
enter into loan contracts with those persons. Moneys borrowed from the loan fund
created by ORS 478.855 shall be repaid by the borrowers in accordance with the
terms of the loan contract to which the borrower and the city or district are
parties.
     (2) In addition to authority granted by
other laws to issue revenue bonds, a city or district may sell revenue bonds
for the purpose of creating a loan fund to finance the installation of fire
safety systems in structures located within the city or district.
     (3) Revenue bonds authorized by this
section may be issued from time to time and shall be issued as prescribed in
ORS chapter 287A. [1995 c.725 §2; 2007 c.783 §209]
     Note: See note under 478.840.
     478.850
Sources of bond payment restricted. (1) Revenue bonds issued under ORS 478.845 to 478.875:
     (a) Shall not be payable from nor charged
upon any fund other than the revenue pledged to the payment of the revenue
bonds.
     (b) Shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the city or district,
except those moneys paid to the loan fund created by ORS 478.855.
     (2) No holder of such revenue bonds shall
ever have the right to compel any exercise of the taxing power of a city or
district to pay the bonds or the interest on the bonds, or to enforce payment
of the bonds against any property of the city or district except those moneys
pledged in the loan fund created under ORS 478.855.
     (3) A revenue bond issued under ORS
478.845 to 478.875 shall not constitute a debt of the city or district within
the meaning of any statutory limitation. [1995 c.725 §4; 2007 c.783 §210]
     Note: See note under 478.840.
     478.855
Loan fund created from bond proceeds; other sources for fund. (1) Proceeds of revenue bonds issued and
sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons
for acquisition and installation of fire safety systems in structures owned by
the borrowers shall be deposited in a loan fund created for the purpose by a
city or district.
     (2) In addition to proceeds from the sale
of revenue bonds, the loan fund created by this section shall consist of:
     (a) Moneys repaid to the fund by borrowers
who received loans from the fund.
     (b) Proceeds of the sales of structures
acquired by the city or district as a result of loan defaults.
     (c) Other revenues, as defined in ORS
287A.001, as determined by the city or district. [1995 c.725 §7; 2007 c.783 §211]
     Note: See note under 478.840.
     478.860
Standards for eligibility for loans for fire safety systems. (1) The governing body of a city or district
shall adopt standards to determine the eligibility of borrowers to borrow money
from the loan fund established under ORS 478.855 for the purpose of acquiring
and installing a fire safety system in a privately owned structure owned by the
borrower.
     (2) The governing body of a city or
district shall also adopt a list of fire safety systems that may be financed
with loans made under ORS 478.845 to 478.875. [1995 c.725 §3]
     Note: See note under 478.840.
     478.865
Loan contract; repayment plan; terms and conditions. (1) Any loan contract providing for a loan
of moneys to a borrower by a city or district shall include a plan for
repayment by the borrower of moneys borrowed plus interest. The repayment plan:
     (a) Shall provide that the city or
district obtain a lien on the structure in which a fire safety system is
installed. Except for tax liens, the lien acquired by the city or district
shall have priority over all other liens on the structure.
     (b) Shall provide for such other assurance
of, and security for, repayment by the borrower as is considered necessary by
the city or district.
     (c) Shall set forth the interest rate on
the loan as reasonably determined by the city or district.
     (d) Shall provide for repayment during a
period that shall be the lesser of the useful life of the proposed fire safety
system or the term of the bond as determined by the city or district.
     (2) A loan contract under subsection (1)
of this section may provide that the amount of repayment by a borrower include
an amount sufficient to reimburse the city or district for the borrowerÂ’s
allocable share of the costs of issuing revenue bonds under ORS 478.845 to
478.875 to finance the loan contract, all administrative expenses relating to
the loan contract and such amounts as may be established by the city or
district to maintain a reserve in the loan fund created under ORS 478.855 to
pay or reimburse future losses directly related to the loans financed with
moneys from the loan fund. [1995 c.725 §5]
     Note: See note under 478.840.
     478.870
Powers granted to enforce loan contracts and secure payment of bonds; reserve
fund. In addition to any
other powers granted by law, a city or district may:
     (1) Make all contracts, execute all
instruments and do all things necessary or convenient for the exercise of the
powers granted by ORS 478.845 to 478.875, or for the performance of its
covenants or duties, or in order to secure the payment of its bonds;
     (2) Enter into and perform such contracts
and agreements with borrowers as the city or district considers proper and
feasible for or concerning the financing and installation of fire safety
systems;
     (3) Enter into covenants for the benefit
of bond owners regarding the use and expenditure of moneys in the loan fund
created by ORS 478.855; and
     (4) Establish a reserve fund or account
for the benefit of bond owners and provide that the reserve fund or account may
be funded with bond proceeds, from moneys held in the general fund, an
enterprise fund or other fund of the city or district or from such other
revenues or sources as the governing body of the city or district may
determine. [1995 c.725 §6]
     Note: See note under 478.840.
     478.875
Remedies for breach of loan contract. If a borrower fails to comply with a contract entered into under ORS
478.865, the city or district may seek appropriate legal remedies to secure any
repayment due the loan fund created by ORS 478.855. [1995 c.725 §8]
     Note: See note under 478.840.
     478.880
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) The best interest of the state is served
by providing financial incentives for the installation of fire safety systems
in multifamily housing.
     (2) The design and nature of multifamily
housing creates a higher fire risk than the risk to single family housing and
exposes tenants to fire risks that are not within the control of the tenants.
     (3) The presence of fire safety systems
helps to defray costs for fire district equipment and equipment maintenance.
     (4) Although the state building code
allows local jurisdictions to require the installation of fire safety systems
in new construction on a cost-neutral basis, there is no equivalent program for
retrofitting or remodeling existing multifamily structures.
     (5) A fire safety incentive program serves
the purpose of providing financial incentive for the installation of fire
safety systems in existing multifamily housing. [2001 c.614 §1]
     Note: 478.880 and 478.885 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
478 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     478.885
Payment or repayment for cost of fire safety system installation in multifamily
housing. (1) As used in this
section:
     (a) “District” means a rural fire
protection district organized pursuant to ORS chapter 478.
     (b) “Fire safety system” means a device or
series of devices that protects structures from damage or destruction by fire,
protects people from injury by fire or minimizes the effects of fire. “Fire
safety system” includes, but is not limited to, automatic fire sprinkler
systems.
     (c) “Multifamily housing” means a
structure established primarily to provide residential spaces and that provides
more than one living unit. “Multifamily housing” does not include nursing
homes, adult foster homes, hospitals, motels or hotels, dormitories or state
institutions.
     (d) “Owner” includes a purchaser under a
recorded instrument of sale.
     (2) A district may, by ordinance,
establish a program that pays or repays to landlords part of the costs of
installing fire safety systems in multifamily housing existing within the
district on the effective date of the ordinance. Except as provided in this
subsection, the district may establish the parameters of the program. A payment
or repayment rate under the program may not exceed 50 percent of the cost of
installing the fire safety system. The payment or repayment amount available
for a property may not exceed the total amount paid during the preceding 10
years for all property taxes on the property, less any payment or repayment
amount already provided for fire safety system installation on the property.
The program must provide for the owner of the multifamily housing to apply on a
form approved by the district. The program must include a uniform process for
the evaluation of an application submitted by the owner of the multifamily
housing. The uniform process must provide for a public hearing to determine
whether the property qualifies for payment or repayment by the district. [2001
c.614 §2]
     Note: See note under 478.880.
FIRE
PREVENTION CODE; FIRE PERMITS
     478.910
Adoption of fire prevention code. A district board may, in accordance with ORS 198.510 to 198.600, adopt
a fire prevention code. [Amended by 1969 c.667 §54; 1971 c.268 §19]
     478.920
Scope of fire prevention code.
The fire prevention code may provide reasonable regulations relating to:
     (1) Prevention and suppression of fires.
     (2) Mobile fire apparatus means of
approach to buildings and structures.
     (3) Providing fire-fighting water supplies
and fire detection and suppression apparatus adequate for the protection of
buildings and structures.
     (4) Storage and use of combustibles and
explosives.
     (5) Construction, maintenance and
regulation of fire escapes.
     (6) Means and adequacy of exit in case of
fires and the regulation and maintenance of fire and life safety features in
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.
     (7) Requiring the issuance of permits by
the fire chief of the district before burning trash or waste materials.
     (8) Providing for the inspection of
premises by officers designated by the board of directors, and requiring the
removal of fire hazards found on premises at such inspections. [Amended by 1969
c.667 §55; 1977 c.292 §1]
     478.924
Approval of code by city or county required. The provisions of a fire prevention code adopted by a district after
October 4, 1977, shall not apply within any city or county within the district
unless the governing body of the city or county approves the fire code by
resolution. [1977 c.292 §5]
     478.927
Building permit review for fire prevention code. A district adopting a fire prevention code
shall provide plan review at the agency of the city or county responsible for
the issuance of building permits for the orderly administration of that portion
of the fire prevention code that requires approval prior to the issuance of
building permits. [1977 c.292 §4]
     478.930
Violation of code; failure to remove hazards; burning waste without permit
prohibited. When a district
has adopted a fire prevention code as provided in ORS 478.910:
     (1) No person shall violate the provisions
of the code or fail to remove hazards found on inspection within the time set
by the inspecting officer, after written notice to either the owner or occupant
of the premises.
     (2) No person shall burn waste materials
or trash in an unguarded manner without a permit, when a permit is required by
the district code or this chapter. [Amended by 1969 c.667 §56]
     478.940
Copies of code to be filed with State Fire Marshal and posted at fire stations. Copies of the fire prevention code shall be
filed with the State Fire MarshalÂ’s office and a copy shall be posted at each
fire station within the district.
     478.960
Burning of certain materials permitted only with permission of fire chief;
burning schedules and restrictions. (1) No one, within the boundaries of a district, shall cause or permit
to be initiated or maintained on oneÂ’s own property, 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 permission from the fire chief of the
district and complying with the direction of the fire chief. A deputy of a fire
chief has the power to perform any act or duty of the fire chief under this
section.
     (2) The fire chief shall prescribe
conditions upon which permission is granted and which are necessary to be
observed in setting the fire and preventing it from spreading and endangering
life or property or endangering 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 ORS 468A.595. The State Fire Marshal shall cause
all fire chiefs and their deputies in the affected area to be notified of the
type and time for burning to be allowed on each day with updating messages each
day as required. A fire chief or deputy shall grant permission only in
accordance with the schedule of the Environmental Quality Commission but may
reduce hours to be allowed for burning if necessary to prevent danger to life
or property from fire. The State Fire Marshal may refuse, revoke or postpone
permission when necessary in the judgment of the State Fire Marshal to prevent
danger to life or property from fire, notwithstanding any determination by the
fire chief.
     (3) Nothing in this section relieves a
person starting a fire from responsibility for providing adequate protection to
prevent injury or damage to the person or property of another. If such burning
results in the escape of fire and injury or damage to the person or property of
another, such escape and damage or injury constitutes prima facie evidence that
the burning was not safe.
     (4) Within a district, no person shall,
during the fire season declared under ORS 477.505, operate any equipment in
forest harvesting or agricultural operations powered by an internal combustion
engine on or within one-eighth of one mile of forestland unless each piece of
equipment is provided with a fire extinguisher of sufficient size and capacity
and with such other tools and fire-fighting equipment as may be reasonably
required by the fire chief of the district. The provisions of this subsection
do not apply to machinery regulated by ORS chapter 477.
     (5) No person shall dispose of any
building or building wreckage within a district by fire without having first
secured permission therefor from the fire chief. No person shall refuse to
comply with any reasonable requirements of the fire chief as to the
safeguarding of such fire from spreading.
     (6) This section is not intended to limit
the authority of a district to adopt a fire prevention code as provided in ORS
478.910 to 478.940 or to issue permits when the burning is done by mechanical
burners fired by liquid petroleum gas.
     (7) The fire chief shall maintain records
of all permits and the conditions thereof, if any, that are issued for field
burning 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.
     (8) Notwithstanding any other provision of
this section:
     (a) A permit is required for field burning
authorized pursuant to ORS 468A.550 to 468A.620 and 468A.992.
     (b) For a permit for the propane flaming
of mint stubble, the fire chief 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. [1955 c.469 §§1, 2;
1959 c.363 §16; 1967 c.420 §1; 1967 c.438 §1; 1969 c.613 §3; 1969 c.667 §57;
1971 c.563 §9; 1973 c.832 §7b; 1975 c.635 §4; 1979 c.321 §1; 1989 c.615 §2;
1991 c.920 §22; 1997 c.274 §40; 1997 c.473 §6]
     478.965
Recovery by district of costs of suppressing unlawful fire; attorney fees. (1) If the fire-fighting apparatus or
personnel, or either of a district, are required to respond and be used
actively or on a standby basis in connection with the extinguishment or control
of a fire that has been started or allowed to spread in willful violation of
ORS 478.960 (1) to (5), the person responsible therefor shall be liable to the
district furnishing such apparatus or personnel, or both, for the actual costs
incurred by the district in controlling, extinguishing or patrolling the fire.
Such costs may be recovered in an action prosecuted in the name of the
district. The court may award reasonable attorney fees to the district if the
district prevails in an action under this section. The court may award
reasonable attorney fees to a defendant who prevails in an action under this
section if the court determines that the district had no objectively reasonable
basis for asserting the claim or no reasonable basis for appealing an adverse
decision of the trial court.
     (2) An itemized statement of the actual
costs incurred by the district, certified under oath by the treasurer of the
district, shall be accepted as prima facie evidence of such costs in the action
authorized by this section. [1967 c.420 §6; 1969 c.667 §58; 1981 c.897 §55;
1995 c.696 §24]
DISTRICT
IDENTIFICATION NAMES
     478.970
Purpose of district identification names. The purpose of ORS 478.970 to 478.982 is to establish an
identification name for each district to be used for statistical purposes by
the State Fire Marshal and in the process of insurance rating. ORS 478.970 to
478.982 do not alter or add to the corporate title or identification of a
district organized or established by law. [1953 c.164 §1; 1969 c.667 §59; 2001
c.426 §2]
     478.972
Application by district to State Fire Marshal for identification name. (1) When a district is organized the first
board shall notify the State Fire Marshal in writing of the identification name
for the district.
     (2) Except as provided in this subsection,
upon receipt of a written notice from the board, the State Fire Marshal shall
immediately assign the district the identification name. The fire marshal shall
notify the board in writing if the name conflicts with the name of another fire
district in this state.
     (3) The district board shall notify the
fire marshal as provided in subsection (1) of this section within 30 days after
the act that completes the organization or establishment of the district. [1953
c.164 §2; 1969 c.667 §60; 2001 c.426 §3]
     478.974 [1953 c.164 §3; 1969 c.667 §61; repealed by
2001 c.426 §6]
     478.976 [1953 c.164 §4; repealed by 2001 c.426 §6]
     478.978 [1953 c.164 §5; 1969 c.667 §62; repealed by
2001 c.426 §6]
     478.980
Identification name for district formed by consolidation or merger of
districts. In the event of a
consolidation or merger of two or more districts, the consolidated board shall
select a name for the surviving or successor district in the manner provided in
ORS 478.972. [1953 c.164 §6; 1969 c.667 §63; 1971 c.727 §143; 2001 c.426 §4]
     478.982
Reuse of names of dissolved districts. In the event of a dissolution of a district, the name assigned to the
district is available for assignment to another district. [1953 c.164 §7; 1969
c.667 §64; 2001 c.426 §5]
PENALTIES
     478.990
Penalties. (1) Violation of
any provision of ORS 478.930 is a Class D violation. Each dayÂ’s refusal to
remove fire hazards after notice by the inspecting officer to the owner of the
premises where the hazard exists is a separate offense.
     (2) Burning without a permit required
under ORS 478.960 (1) or in violation of a condition thereof is a misdemeanor.
     (3) Violation of ORS 478.960 (4) is a
misdemeanor.
     (4) Subject to ORS 153.022 and 153.025,
violation of any rule or regulation made by a rural fire protection district or
other public body, as defined in ORS 174.109, pursuant to ORS 478.300 (2) is a
misdemeanor. [Subsection (2) enacted as 1955 c.469 §3; subsection (3) enacted
as 1965 c.602 §28; 1969 c.667 §65; 1971 c.563 §11; 1989 c.615 §4; 1999 c.1051 §188;
2003 c.802 §127]
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