US Laws, Codes, Statutes & Cases

Chapter 478 — Rural Fire Protection Districts

 

2007 EDITION

 

RURAL FIRE PROTECTION DISTRICTS

 

PROTECTION FROM FIRE

 

GENERAL PROVISIONS

 

478.001     Definitions

 

478.002     Status of districts existing in 1957

 

478.004     New district succeeds to and replaces abolished district

 

FORMATION

 

478.010     Formation; territories that may not be included in districts

 

478.050     Qualifications for directors

 

478.090     Effect of 1939 Act on districts then existing

 

478.100     Immaterial defects in organization not to invalidate district organization

 

478.115     County governing body to determine territory of district

 

478.120     Inclusion of forestland in district

 

478.130     Certain structures subject to fire damage to be added to tax rolls

 

478.140     Procedure for adding land to district by consent of owner

 

478.150     Conference with State Forestry Department required prior to formation of district or annexation of territory

 

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

 

478.160     Filing of boundary or zone change with county assessor and Department of Revenue

 

POWERS AND DUTIES

 

478.210     Directors; organization; term; oath

 

478.215     Position numbers for director election

 

478.221     Nomination and election of directors

 

478.225     Election subdistricts; petition for formation; election

 

478.228     Boundaries of subdistricts

 

478.231     Election laws applicable

 

478.234     Subdistricts for nomination or election of directors

 

478.240     Special elections; electors

 

478.250     Meetings and officers of board

 

478.260     Fire chief and assistants; headquarters; acquisition of site; fire and first-aid apparatus and equipment; emergency medical and ambulance services

 

478.270     Reports of directors; State Fire Marshal to cooperate and furnish blank forms

 

478.280     Employment of assistants

 

478.290     Additional authority of districts within 10 mile radius of city of 100,000 or more

 

478.300     Contracting with others to provide facilities and services for fire protection or road lighting; authority over open burning and fire permits; rules

 

478.305     Contracting with others for mutual communication system; contracts in other states

 

478.308     Contracting with others for regional oil and hazardous material emergency response team

 

478.310     Response to fire or public safety incident outside its own territory by district or municipality; liability for costs

 

478.315     Response to fire or public safety incident in Columbia River Gorge National Scenic Area; payment of costs

 

BENEFITS FOR DISTRICT EMPLOYEES

 

478.325     District may levy taxes for purposes of ORS 478.335 to 478.370

 

478.335     Contracts for medical and hospital services or insurance

 

478.340     Payment of premiums or charges on contracts; employee contributions; multiple contracts

 

478.355     Establishment of employee retirement system; provisions of plan

 

478.360     Fund to provide retirement benefits

 

478.365     Employee contributions to retirement fund

 

478.370     Retirement benefits not to be funded for individual not employee of district when membership in system created

 

BENEFITS FOR DISTRICT VOLUNTEERS

 

478.390     Investments authorized to fund length of service awards for volunteer firefighters

 

REVENUES AND FINANCES

 

(Generally)

 

478.410     Power of district to levy taxes, borrow money, sell bonds and create fees

 

478.420     Sale of bonds

 

478.430     Ad valorem tax

 

478.440     Gifts; sinking fund

 

478.450     Tax for road lighting; method

 

478.460     Deposit and disbursement of funds

 

478.470     Interest on unpaid warrants; limitation on amount of warrants

 

(Tax Zones)

 

478.480     Formation of tax zones; basis for zones; public hearing

 

478.485     Notice of public hearing

 

478.490     Election on question of dividing district into tax zones; order creating zones; effect

 

478.495     Limitation on changes in tax zone boundaries

 

478.500     Determination of tax levy in each tax zone

 

478.505     Petition for tax zones by district electors; number of signatures required; public hearing

 

(Multicounty Districts)

 

478.560     Deposit and disbursement of funds of districts located in two or more counties

 

WITHDRAWAL OF TERRITORY

 

478.665     Withdrawal of territory from district; inclusion in forest protection district; assessment

 

FIRE SAFETY SYSTEMS

 

478.840     Definitions for ORS 478.845 to 478.875

 

478.845     Revenue bonds authorized for fire safety systems

 

478.850     Sources of bond payment restricted

 

478.855     Loan fund created from bond proceeds; other sources for fund

 

478.860     Standards for eligibility for loans for fire safety systems

 

478.865     Loan contract; repayment plan; terms and conditions

 

478.870     Powers granted to enforce loan contracts and secure payment of bonds; reserve fund

 

478.875     Remedies for breach of loan contract

 

478.880     Legislative findings

 

478.885     Payment or repayment for cost of fire safety system installation in multifamily housing

 

FIRE PREVENTION CODE; FIRE PERMITS

 

478.910     Adoption of fire prevention code

 

478.920     Scope of fire prevention code

 

478.924     Approval of code by city or county required

 

478.927     Building permit review for fire prevention code

 

478.930     Violation of code; failure to remove hazards; burning waste without permit prohibited

 

478.940     Copies of code to be filed with State Fire Marshal and posted at fire stations

 

478.960     Burning of certain materials permitted only with permission of fire chief; burning schedules and restrictions

 

478.965     Recovery by district of costs of suppressing unlawful fire; attorney fees

 

DISTRICT IDENTIFICATION NAMES

 

478.970     Purpose of district identification names

 

478.972     Application by district to State Fire Marshal for identification name

 

478.980     Identification name for district formed by consolidation or merger of districts

 

478.982     Reuse of names of dissolved districts

 

PENALTIES

 

478.990     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 owner’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.