US Laws, Codes, Statutes & Cases

Chapter 401 — Emergency Services and Communications

 

2007 EDITION

 

EMERGENCY SERVICES AND COMMUNICATIONS

 

MILITARY AFFAIRS; EMERGENCY SERVICES

 

EMERGENCY MANAGEMENT AND SERVICES

 

(Generally)

 

401.015     Statement of policy and purpose

 

401.025     Definitions

 

401.035     Responsibility for emergency services systems

 

401.039     Seizure of firearms during state of emergency

 

401.041     Short title

 

401.043     Emergency Management Assistance Compact

 

(Powers of Governor)

 

401.055     Declaration of state of emergency; procedures

 

401.065     Police powers during state of emergency; suspension of agency rules

 

401.074     Providing temporary housing during emergency

 

401.085     Management of resources during emergency; rules

 

401.095     Effect of rules and orders during emergency; scope; effect; termination

 

401.105     Termination of state of emergency

 

401.106     Legislative findings

 

401.107     Abnormal disruption of market

 

401.108     Applicability of remedies

 

401.115     Additional powers during emergency

 

401.125     Authority concerning federal financial assistance to political subdivision

 

401.135     Authority concerning federal financial assistance to individuals or families

 

401.145     Authority over removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage

 

401.155     Rules to carry out ORS 401.125 to 401.145 and 401.335

 

(Office of Emergency Management)

 

401.257     Responsibilities of Office of Emergency Management

 

401.259     Agency liaison with Office of Emergency Management

 

401.261     Office of Emergency Management; appointment of director

 

401.263     Appointment of deputy director

 

401.265     Rules

 

401.267     Advisory and technical committees

 

401.269     Interagency agreements

 

401.270     Duties of director; rules

 

401.271     Legislative findings

 

401.272     Animal emergency operations plan

 

401.273     Rescue of companion animal

 

401.274     Livestock emergency operations plan

 

401.275     System for notification of emergencies; emergency management coordinators; rules

 

401.280     Federal grants for emergency management and services; authority of office

 

(2-1-1 Telecommunications System)

 

401.282     Legislative findings

 

401.284     Definitions for ORS 401.284 to 401.296

 

401.286     Public referral and information telephone number

 

401.288     Contract for 2-1-1 system facilitator

 

401.290     Approval of 2-1-1 service providers

 

401.292     Use of 2-1-1 system by state agencies providing health and human services

 

401.294     Contributions to support establishment of 2-1-1 system; use of contributions

 

401.296     2-1-1 Account

 

(Seismic Rehabilitation)

 

401.300     Grant program for seismic rehabilitation of certain facilities

 

(Powers of Local Governments)

 

401.305     Emergency management agency of city or county; emergency program manager; coordination of emergency management functions

 

401.309     Declaration of state of emergency by local government; procedures; mandatory evacuations

 

401.315     City or county authorized to incur obligations for emergency services; county determination of emergency

 

401.325     Emergency management agency appropriation; tax levy

 

401.335     Temporary housing for disaster victims; political subdivision’s authority

 

(Seismic Safety)

 

401.337     Seismic Safety Policy Advisory Commission; members; term

 

401.343     Mission of commission

 

401.345     Officers; quorum; meetings; compensation and expenses

 

401.347     Support services

 

401.353     Advisory and technical committees; expense reimbursement

 

(Emergency Service Workers)

 

401.355     Eligibility of emergency service worker for benefits for injury sustained in emergency service

 

401.365     Registration and qualification of emergency management agencies

 

401.375     “Emergency service” defined; service not in violation of child labor laws

 

401.385     Record of enrollment of emergency service workers

 

401.395     Benefits for injury sustained in emergency service

 

401.405     Benefits not assignable; exempt from execution, attachment and garnishment

 

401.415     Benefits as exclusive remedy

 

401.425     Claims for benefits

 

401.435     Appeal

 

401.445     Allocation of necessary funds

 

401.455     Benefits limited by availability of funds; priority among claimants

 

401.465     Obtaining public or private insurance with available funds

 

(Miscellaneous)

 

401.480     Cooperative assistance agreements

 

401.485     Leaves of absence for disaster relief volunteers; requirements; maximum period; effect on status of employees

 

401.490     Mutual use of supplies and services

 

401.500     Reimbursement by state for services provided by local government employees

 

401.505     Acceptance of aid for emergency services

 

401.515     Nonliability for emergency services; exception; emergency service workers as agents of state or local governments

 

401.525     Use of moneys and property for emergency services authorized

 

401.535     Emergency Management Revolving Account; source; use

 

EMERGENCY RESPONSE DRILLS

 

401.538     State and local agency emergency response drills

 

401.543     Private employer emergency response drills; exemptions

 

401.546     Conduct of earthquake emergency drills; rules

 

SEARCH AND RESCUE

 

(Generally)

 

401.550     Search and Rescue Coordinator; appointment; duties

 

401.555     Program for air search and rescue

 

401.560     Search and rescue activities; responsibilities of sheriff; delegation of sheriff’s duties

 

401.570     Restriction of access to search and rescue area

 

401.573     County sheriff to adopt search and rescue plan; contents; annual review

 

401.576     Critique of search and rescue incident; filing amended search and rescue plan with Office of Emergency Management

 

401.580     Search and rescue incident number

 

401.582     Investigative subpoena

 

401.584     Leave of absence from employment for search and rescue volunteer

 

401.590     Reimbursement of public body for search and rescue by benefited persons; amount; exceptions

 

(Equipment and Signaling Devices)

 

401.605     Definitions for ORS 401.605 to 401.627

 

401.615     Assumption of risk of wilderness travel or mountain climbing; use and effect of signal devices

 

401.625     Required equipment when guiding children above timberline

 

401.627     Exemption from liability for electronic signaling device; exceptions

 

GOVERNOR’S NONEMERGENCY AUTHORITY TO ASSIGN COUNTY, CITY OR DISTRICT RESOURCES

 

401.638     Assignment by Governor of local resources under direction of State Fire Marshal

 

401.639     Powers and duties of local personnel acting under direction of State Fire Marshal

 

401.641     Liability for expenses incurred and for loss or damage to local equipment; filing claim

 

401.643     Liability for expenses incurred using local personnel

 

401.645     Immunity from liability for local personnel acting in line of duty; exception

 

EMERGENCY HEALTH CARE SERVICES

 

401.651     Definitions for ORS 401.651 to 401.670

 

401.654     Registry of emergency health care providers

 

401.657     Emergency health care facility; emergency operations plan; credentialing plan; rules

 

401.661     Voluntary provision of health care services

 

401.664     Emergency operations plan; credentialing plans

 

401.667     Agency of emergency health care providers and emergency health care facilities for purposes of ORS 30.260 to 30.300; rules

 

401.670     Rules

 

EMERGENCY TELECOMMUNICATIONS SYSTEMS

 

401.706     Policy; deployment of broadband telecommunications services

 

401.710     Definitions for ORS 305.823 and 401.710 to 401.816

 

401.715     Exemption from liability for 9-1-1 providers

 

401.720     9-1-1 emergency reporting systems mandatory; requirements; “9-1-1” as primary emergency number; alternate numbers required; enhancement requirements

 

401.730     Office of Emergency Management duties and powers; rules

 

401.735     Minimum standards for public safety telecommunications personnel; operative date; training program; rules

 

401.755     Submission of revised plan; review; cost estimates; approval of plan

 

401.765     When blocking of telephone numbers prohibited; confidential information; exemption from liability for supplying information to emergency service providers; when supplying information not required

 

401.770     Pay phones to be converted to allow emergency calls without charge

 

401.773     Use of 9-1-1 system by users with hearing or speech impairments

 

401.775     Jurisdictions to provide disaster recovery plan

 

401.780     Agreements among certain safety agencies for rendering emergency services

 

401.785     Mediation of disputes; arbitration; costs and fees

 

401.790     Office to ensure compliance; proceedings authorized

 

TAX FOR EMERGENCY COMMUNICATIONS

 

401.792     Imposition of tax; rate

 

401.794     Exemptions

 

401.796     Duties of providers

 

401.798     Returns; payment of tax; election; rules

 

401.800     Refunds

 

401.802     Amounts collected held in trust; enforcement

 

401.804     Application of other laws

 

401.806     Emergency Communications Account; subaccounts

 

401.808     Distribution of account proceeds; uses; reimbursement request review; reports

 

401.814     Use or investment of moneys

 

401.816     Primary public safety answering points; rules

 

EMERGENCY COMMUNICATIONS DISTRICTS

 

401.818     Definitions for ORS 401.818 to 401.857

 

401.821     Formation of emergency communications district; boundaries; approval of formation by safety agencies

 

401.822     Officers of district; qualifications

 

401.823     Application of ORS chapter 255 to district

 

401.827     Board as governing body of district; president of board

 

401.832     Election of board members at formation election; terms of office

 

401.833     Changing number of board members; election; notice to Secretary of State

 

401.834     Continuing schedule of biennial elections after change in number of board members

 

401.836     Manner of electing board members

 

401.838     Election of board members

 

401.839     Changing manner of electing board members; requirements; election

 

401.841     Changing number and manner of electing board members at same election; separate questions

 

401.842     General district powers

 

401.844     Authority to issue general obligation bonds; elector approval required; bond debt limit

 

401.847     Levy of taxes

 

401.852     Boundaries of zones for board members; adjustment for population and boundary changes; filing boundary change with county assessor and Department of Revenue

 

401.857     Advisory committee; duties and powers; appointment by district board; terms and qualifications of members

 

TSUNAMI INUNDATION ZONE

 

401.861     Definitions

 

401.863     Uniform tsunami warning signal; rules

 

401.864     Contributions to finance tsunami warning system

 

STATE INTEROPERABILITY EXECUTIVE COUNCIL

 

401.871     State Interoperability Executive Council

 

401.872     Duties of council

 

401.874     Oregon Interoperable Communication Plan

 

OREGON HOMELAND SECURITY COUNCIL

 

401.881     Oregon Homeland Security Council

 

PENALTIES

 

401.990     Penalties

 

      401.010 [Repealed by 1983 c.586 §49]

 

EMERGENCY MANAGEMENT AND SERVICES

 

(Generally)

 

      401.015 Statement of policy and purpose. (1) The general purpose of ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 is to reduce the vulnerability of the State of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of such occurrences.

      (2) It is declared to be the policy and intent of the Legislative Assembly that preparations for emergencies and governmental responsibility for responding to emergencies be placed at the local government level. The state shall prepare for emergencies, but shall not assume authority or responsibility for responding to such an event unless the appropriate response is beyond the capability of the city and county in which it occurs, the city or county fails to act, or the emergency involves two or more counties. [1983 c.586 §1]

 

      401.020 [Amended by 1975 c.379 §8; repealed by 1983 c.586 §49]

 

      401.025 Definitions. As used in ORS 190.155 to 190.170, 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584, unless the context requires otherwise:

      (1) “Abnormal disruption of the market” means any human created or natural event or circumstance that causes essential consumer goods or services to be not readily available.

      (2) “Beneficiary” has the meaning given that term in ORS 656.005.

      (3) “Commission” means the Seismic Safety Policy Advisory Commission established under ORS 401.337.

      (4) “Emergency” means a human created or natural event or circumstance that causes or threatens widespread:

      (a) Loss of life;

      (b) Injury to person or property;

      (c) Human suffering; or

      (d) Financial loss.

      (5) “Emergency management agency” means an organization created and authorized under ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 by the state, county or city to provide for and ensure the conduct and coordination of functions for comprehensive emergency program management.

      (6) “Emergency program management” includes all the tasks and activities necessary to provide, support and maintain the ability of the emergency services system to prevent or reduce the impact of emergency or disaster conditions which includes, but is not limited to, coordinating development of plans, procedures, policies, fiscal management, coordination with nongovernmental agencies and organizations, providing for a coordinated communications and alert and notification network and a public information system, personnel training and development and implementation of exercises to routinely test the emergency services system.

      (7) “Emergency program manager” means the person administering the emergency management agency of a county or city.

      (8) “Emergency service agency” means an organization within a local government which performs essential services for the public’s benefit prior to, during or following an emergency. This includes, but is not limited to, organizational units within local governments, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications.

      (9) “Emergency service worker” means an individual who, under the direction of an emergency service agency or emergency management agency, performs emergency services and:

      (a) Is a registered volunteer or independently volunteers to serve without compensation and is accepted by the Office of Emergency Management or the emergency management agency of a county or city; or

      (b) Is a member of the Oregon State Defense Force acting in support of the emergency services system.

      (10) “Emergency services” includes those activities provided by state and local government agencies with emergency operational responsibilities to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. These activities include, without limitation, coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS 466.605, law enforcement, medical, health and sanitation services, engineering and public works, search and rescue activities, warning and public information, damage assessment, administration and fiscal management, and those measures defined as “civil defense” in 50 U.S.C. app. 2252.

      (11) “Emergency services system” means that system composed of all agencies and organizations involved in the coordinated delivery of emergency services.

      (12) “Essential consumer goods or services” means goods or services that:

      (a) Are or may be bought or acquired primarily for personal, family or household purposes, including but not limited to residential construction materials or labor, shelter for payment such as a hotel room, food, water or petroleum products such as gasoline or diesel fuel; and

      (b) Are necessary for the health, safety or welfare of consumers.

      (13) “Human created or natural event or circumstance” includes, but is not limited to:

      (a) Fire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, acts of terrorism and war; and

      (b) A rapid influx of individuals from outside this state, a rapid migration of individuals from one part of this state to another or a rapid displacement of individuals if the influx, migration or displacement results from the type of event or circumstance described in paragraph (a) of this subsection.

      (14) “Injury” means any personal injury sustained by an emergency service worker by accident, disease or infection arising out of and in the course of emergency services or death resulting proximately from the performance of emergency services.

      (15) “Local government” means any governmental entity authorized by the laws of this state.

      (16) “Major disaster” means any event defined as a “major disaster” under 42 U.S.C. 5122(2).

      (17) “Oregon emergency management plan” means the state emergency preparedness operations and management plan. The Office of Emergency Management is responsible for coordinating emergency planning with government agencies and private organizations, preparing the plan for the Governor’s signature, and maintaining and updating the plan as necessary.

      (18) “Search and rescue” means the acts of searching for, rescuing or recovering, by means of ground or marine activity, any person who is lost, injured or killed while out of doors. However, “search and rescue” does not include air activity in conflict with the activities carried out by the Oregon Department of Aviation.

      (19) “Sheriff” means the chief law enforcement officer of a county. [1983 c.586 §2; 1985 c.733 §21; 1987 c.373 §84; 1989 c.361 §8; 1991 c.418 §1; 1991 c.956 §10; 1993 c.187 §1; 1999 c.935 §29; 2005 c.825 §9; 2007 c.97 §10; 2007 c.223 §5; 2007 c.740 §20]

 

      401.030 [Amended by 1967 c.595 §1; 1969 c.80 §8; 1975 c.379 §9; 1975 c.624 §1; repealed by 1983 c.586 §49]

 

      401.035 Responsibility for emergency services systems. (1) The Governor is responsible for the emergency services system within the State of Oregon.

      (2) The executive officer or governing body of each county or city of this state is responsible for the emergency services system within that jurisdiction.

      (3) In carrying out their responsibilities for emergency services systems, the Governor and the executive officers or governing bodies of the counties or cities may delegate any administrative or operative authority vested in them by ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 and provide for the subdelegation of that authority. [1983 c.586 §3]

 

      401.039 Seizure of firearms during state of emergency. (1) As used in this section, “unit of government” means any department or agency of the federal government, any state or any agency, office or department of a state, any city, county, district, commission, authority, entity, port or other public corporation organized and existing under statutory law or under a voter-approved charter and any intergovernmental entity created under ORS 190.003 to 190.130, 190.410 to 190.440 or 190.480 to 190.490.

      (2) Notwithstanding ORS 401.065, 401.085, 401.095 and 401.115, during a state of emergency declared under ORS 401.055, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm.

      (3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [2007 c.740 §19]

 

      401.040 [Amended by 1963 c.528 §1; 1967 c.419 §33; 1969 c.80 §9; 1975 c.379 §10; 1975 c.624 §2; 1981 c.615 §4; repealed by 1983 c.586 §49]

 

      401.041 Short title. ORS 401.043 may be cited as the Emergency Management Assistance Compact. [2002 s.s.1 c.7 §1]

 

      Note: 401.041 and 401.043 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      401.043 Emergency Management Assistance Compact. The Governor shall participate on behalf of the State of Oregon with other states legally joining in the compact in a form substantially as follows:

______________________________________________________________________________

 

EMERGENCY MANAGEMENT

ASSISTANCE COMPACT

Article I - Purposes and Authorities

 

      This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

      The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

      This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

 

Article II - General Implementation