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USA Statutes : oregon
Title : TITLE 38 PROTECTION FROM FIRE
Chapter : Chapter 478 Rural Fire Protection Districts
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(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] (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]
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(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] 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] 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.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]
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] 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]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]
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]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](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]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 (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] (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] (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]
(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] 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] (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] (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] (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] (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](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](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] 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]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](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](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](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](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](1) When a district
is located entirely or partly within the boundaries of the Columbia River
Gorge National Scenic Area established under 16 U.S.C. 544 et seq., if a
fire or other public safety incident occurs on state property within the
limits of the district and assistance from the district is requested, the
fire-fighting and emergency medical vehicles, apparatus and personnel of
the district may, with or without a contract to do so, be used for
extinguishing the fire or responding to the public safety incident. The
district so responding shall recover from the state agency in possession
or control of the property:
(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 Oregon
and against which no taxes or assessments for fire protection are levied
by a district.
(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 EMPLOYEESExpenses 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]
(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](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](1) A district may establish an employees' 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] 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] 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]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 VOLUNTEERSIn 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)(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]Bonds authorized under ORS 478.410 shall be
issued and sold in the manner prescribed in ORS 287.014 to 287.028. They
shall be so conditioned that the district agrees to pay, at the place
named, to the bearer the sum named in lawful money of the United States
with interest at the rate named, payable semiannually each year in
accordance with the terms of interest coupons attached. [Amended by 1969
c.667 §27; 1969 c.694 §18; 1971 c.36 §7; 1975 c.642 §25; 1977 c.188 §6;
2001 c.215 §12] 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] 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] 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] 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 295.005, 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]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)
(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] (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](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] (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] 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](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](Multicounty Districts)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 295.005, 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]WITHDRAWAL OF TERRITORYIn 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]FIRE SAFETY SYSTEMS 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. (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 and sold as provided in ORS 288.805 to
288.945. [1995 c.725 §2]Note: See note under 478.840. (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 as provided in
ORS 288.825.
(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]Note: See note under 478.840.(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 moneys or revenues described in ORS 288.805 (7) as
determined by the city or district. [1995 c.725 §7]Note: See note under 478.840.(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. (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 borrower'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.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. 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. 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.(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 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] 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] 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] 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]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]Copies of the fire prevention code shall be
filed with the State Fire Marshal's office and a copy shall be posted at
each fire station within the district.(1) No one, within the
boundaries of a district, shall cause or permit to be initiated or
maintained on one'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](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 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](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]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] 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(1) Violation of any provision of ORS 478.930 is
a Class D violation. Each day'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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