USA Statutes : oregon
Title : TITLE 38 PROTECTION FROM FIRE
Chapter : Chapter 476 State Fire Marshal; Protection From Fire Generally
As used in this chapter, unless the context
requires otherwise:

(1) "Fire protection equipment" means any apparatus, machinery or
appliance intended for use by a fire service unit in fire prevention or
suppression activities, excepting forest fire protection equipment.

(2) "Governmental subdivisions" means a city, county or rural fire
protection district in this state whose functions include regulation of
building use and occupancy and the administration of fire safety laws,
ordinances and regulations. [Formerly 476.800; 1985 c.118 §1; 1993 c.185
§24](1) As used in ORS 476.010 to
476.115, 476.150 to 476.170 and 476.210 to 476.270, "alterations,"
"construction," "family," "hospital," "occupancy" and "private residence"
have the meanings given those terms in ORS 479.168.

(2) As used in ORS 476.030 and other laws relating to the duties of
the State Fire Marshal, "governmental subdivision" means a city, county,
municipal corporation, quasi-municipal corporation and rural fire
protection district, created under the laws of Oregon.

(3) As used in ORS 476.380:

(a) "Commercial waste":

(A) Means any waste produced in any business involving the lease or
sale, including wholesale and retail, of goods or services, including but
not limited to housing.

(B) Means any waste produced by a governmental, educational or
charitable institution.

(C) Does not include any waste produced in a dwelling containing
four living units or less.

(b) "Demolition material" means any waste resulting from the
complete or partial destruction of any man-made structure, such as a
house, apartment, commercial building or industrial building.

(c) "Domestic waste" means any nonputrescible waste, consisting of
combustible materials, such as paper, cardboard, yard clippings, wood or
similar materials, generated in a dwelling, including the real property
upon which it is situated, containing four living units or less.

(d) "Field burning" means the burning of any grass field, grain
field, pasture, rangeland or other field by open burning or by use of
mobile equipment or flaming equipment on any land or vegetation.

(e) "Industrial waste" means any waste resulting from any process
or activity of manufacturing or construction.

(f) "Land clearing debris" means any waste generated by the removal
of debris, logs, trees, brush or demolition material from any site in
preparation for land improvement or construction projects.

(g) "Open burning" means any burning conducted in such a manner
that combustion air is not effectively controlled and that combustion
products are not vented through a stack or chimney, including but not
limited to burning conducted in open outdoor fires, common burn barrels
and backyard incinerators. [Subsection (2) formerly part of 476.030; 1975
c.635 §1; 2005 c.22 §353]STATE FIRE MARSHAL; POWERS AND DUTIES (1) The
office of State Fire Marshal is established in the Department of State
Police. The State Fire Marshal shall be appointed by and be
administratively responsible to the Superintendent of State Police, and
shall serve at the pleasure of the superintendent. The State Fire Marshal
shall retain all current authority of the office and shall be responsible
for the implementation of its mission and programs.

(2) The State Fire Marshal shall be qualified to direct the
technical and executive work of the agency as determined by the
superintendent and shall have education or training related to the
programs of the agency and significant experience in managing fire
protection or related programs. [Amended by 1963 c.523 §1; 1971 c.753
§54; 1987 c.414 §79; 1993 c.186 §1](1) The State Fire Marshal shall enforce all statutes, and
make rules relating to:

(a) The prevention of fires.

(b) The storage and use of combustibles and explosives.

(c) The maintenance and regulation of structural fire safety
features in occupied structures and overseeing the safety of and
directing the means and adequacy of exit in case of fire from factories,
asylums, hospitals, churches, schools, halls, theaters, amphitheaters,
all buildings, except private residences, which are occupied for sleeping
purposes, and all other places where large numbers of persons work, live
or congregate from time to time for any purpose except that structural
changes shall not be required in buildings built, occupied and maintained
in conformity with state building code regulations applicable at the time
of construction.

(d) Standards for equipment used for fire protection purposes
within this state including standard thread for fire hose couplings and
hydrant fittings.

(2) The State Fire Marshal and deputies shall have such powers and
perform such other duties as are prescribed by law.

(3) If, in the opinion of the State Fire Marshal, a governmental
subdivision of the state has enacted adequate regulations generally
conforming to state and national standards concerning fire prevention,
fire safety measures and building construction requirements for safety,
and if the governmental subdivision provides reasonable enforcement of
its regulations, the State Fire Marshal may exempt the area subject to
such regulation either partially or fully from the statutes, rules and
regulations administered by the State Fire Marshal. Prior to adoption of
any such exemption, the State Fire Marshal may request from the
Department of Public Safety Standards and Training consideration of and
recommendations regarding the exemption. The exemption may extend for a
two-year period, and may be renewed from time to time, but may be
canceled by the State Fire Marshal following 30 days' written notice if
the State Fire Marshal finds that the governmental subdivision's
regulations or enforcement thereof are not reasonably sufficient. The
governmental subdivision shall furnish a copy of such regulations to the
State Fire Marshal and shall file with the State Fire Marshal any
amendment thereto within 30 days before the effective date of such
amendment. The State Fire Marshal shall designate a person or division
within such governmental subdivision as an approved authority for
exercising functions relating to fire prevention, fire safety measures
and building construction. Upon request of a local official having
enforcement responsibility and a showing of unusual fire hazard or other
special circumstances, the State Fire Marshal shall make investigation
and appropriate recommendations.

(4) The State Fire Marshal may investigate or cause an
investigation to be made to determine the probable cause, origin and
circumstances of any fire and shall classify such findings as the State
Fire Marshal may find appropriate to promote fire protection and
prevention.

(5) The State Fire Marshal shall provide training in fire safety
inspection to the Department of Human Services, area agencies, community
mental health and developmental disabilities programs and to designees of
the Long Term Care Ombudsman. If an adult foster home has been inspected
by the Department of Human Services, an area agency or community mental
health and developmental disabilities program and the agency conducting
the inspection reasonably believes that the adult foster home is not in
compliance with applicable fire safety rules, the agency conducting the
inspection may request the State Fire Marshal to inspect or cause an
inspection to be made. If a designee of the Long Term Care Ombudsman, in
the course of visiting an adult foster home, believes that the adult
foster home is not in compliance with applicable fire safety rules, the
designee shall report the problem to the appropriate agency to request a
fire safety inspection by the office of the State Fire Marshal or by a
designated representative of the office of the State Fire Marshal.

(6) Upon the request of the Department of Human Services, an area
agency or community mental health and developmental disabilities program,
the State Fire Marshal shall inspect or cause an inspection to be made to
determine if the adult foster home is in compliance with rules jointly
adopted by the Department of Human Services and the State Fire Marshal
establishing fire safety standards for adult foster homes.

(7) As used in subsections (5) and (6) of this section:

(a) "Adult foster home" has the meaning given that term in ORS
443.705.

(b) "Area agency" has the meaning given that term in ORS 410.040.

(c) "Community mental health and developmental disabilities
The State Fire
Marshal may:

(1) Contract or otherwise cooperate with any person or public
agency for the procurement of necessary services or property;

(2) Accept gifts or grants of services or property; and

(3) Perform such other duties as required by law. [Formerly 476.855]Note: 476.033 was added to and made a part of ORS chapter 476 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.When the State Fire Marshal finds that practical
difficulties, unnecessary hardship or consequences inconsistent with the
general purposes of statutes and regulations administered by the State
Fire Marshal relating to fire protection and fire prevention may result
under the provisions of such statutes and regulations, the State Fire
Marshal may upon receipt of a verified application from the owner or
occupant of the property affected stating fully the grounds of the
application and facts relied upon, and upon further investigation, grant
adjustments or variances with such conditions and safeguards as the State
Fire Marshal may determine in harmony with the general purpose and intent
and spirit of such fire protection and fire prevention statutes and
regulations, so that the public health, safety and welfare shall be
secured and substantial justice done. Such adjustments or variances shall
be restricted to unique, unusual or peculiar circumstances or substitute
materials or arrangements. The State Fire Marshal may refer the
application to a regional appeal advisory board created under ORS 476.113
and 476.115 for recommendation prior to making a decision. Except as
otherwise specified by law the order of the State Fire Marshal granting
or denying a variance shall be final and conclusive. [1965 c.602 §6]Note: 476.035 was added to and made a part of 476.010 to 476.115 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. The State Fire Marshal shall
appoint a chief deputy state fire marshal and deputy state fire marshals
whose duties shall be to assist in carrying into effect the provisions of
ORS 476.010 to 476.090 and 476.155 to 476.170, 476.210 to 476.270,
479.140 and 479.168 to 479.190. The State Fire Marshal may also employ
such other assistants and employees and incur such other expenses as the
State Fire Marshal may deem necessary in carrying into effect these
provisions. The State Fire Marshal may remove any deputies or assistants
for cause. [Amended by 1963 c.523 §6; 1985 c.118 §3; 1993 c.185 §26] The salary of the chief
deputy state fire marshal, deputy state fire marshals, compensation of
clerks and other assistants and other expenses of the office of State
Fire Marshal necessary in the performance of the duties imposed upon the
State Fire Marshal shall be paid in the same manner as are other state
officers and the expenses of other state departments, and shall not
exceed the amount paid to the State Treasurer for the maintenance of the
office of State Fire Marshal. [Amended by 1953 c.93 §1; 1987 c.414 §156] (1) All moneys received by
the State Fire Marshal shall be paid into the State Treasury, and shall
be placed by the State Treasurer to the credit of the State Fire Marshal
Fund, except those moneys received and accounted for under the provisions
of ORS 279A.290.

(2) Except as otherwise provided by this section, moneys in the
State Fire Marshal Fund shall be available and constitute a continuing
appropriation for the payment of any expense of the State Fire Marshal
and for the payment of expenses of the Department of Public Safety
Standards and Training and the Board on Public Safety Standards and
Training relating to training programs concerning fire services and
accreditation of fire service professionals. The State Fire Marshal shall
keep on file an itemized statement of all expenses incurred by the State
Fire Marshal and shall approve all disbursements as submitted for
payment. Administrative expenditures made from the State Fire Marshal
Fund shall not exceed a reasonable amount for the services performed.
[1953 c.93 §2; 1953 c.199 §2; 1965 c.602 §2; 1967 c.359 §694; 1967 c.417
§2; 1973 c.832 §§6,6a; 1977 c.104 §1; 1985 c.118 §4; 1987 c.414 §157;
1993 c.185 §27; 1993 c.186 §6; 1997 c.853 §41; 2003 c.794 §298](1) All fire marshals in those governmental subdivisions having
such officers, and where no such officer exists, the chief of the fire
department of every city or rural fire protection district in which a
fire department is established, the marshal or chief of police, officer
of any city in which no fire department exists, and constables, if any,
shall be, by virtue of the offices held by them, assistants to the State
Fire Marshal without additional recompense, subject to the duties and
obligations imposed by law, and shall be subject to the direction of the
State Fire Marshal in the execution of the provisions of this section and
ORS 476.070, 476.090, 476.150, 476.210 and 480.445.

(2) In addition to other duties under subsection (1) of this
section, an individual designated as an assistant to the State Fire
Marshal shall aid in the administration and enforcement of ORS 480.200 to
480.290 and 480.990 (6) upon the request of the State Fire Marshal.
[Amended by 1965 c.602 §3; 1971 c.518 §22; 1983 c.740 §188; 1987 c.158
§103; 2005 c.88 §4] The State Fire Marshal,
the deputies or assistants of the State Fire Marshal, or any of them, may:

(1) At all reasonable hours, in performance of the duties imposed
by the provisions of ORS 476.030, enter upon and examine any building or
premises wherein fire has occurred, and other buildings or premises
adjoining or near the same.

(2) For just cause and for the purpose of examination, enter, at
all reasonable hours, in and upon all buildings and premises within their
jurisdiction. (1) The State Fire Marshal shall keep a
record of all fires occurring in this state and of all facts concerning
the same, including statistics as to the extent of such fires and the
damage caused, whether such losses were covered by insurance, and if so,
in what amount. All such records shall be public, except any testimony,
information or other evidence taken in an investigation under ORS 476.010
to 476.090, 476.155 to 476.170, 476.210 to 476.270 and 479.180, which
shall be considered investigatory information as described in ORS 192.501.

(2) This section shall not apply to forestlands under the
jurisdiction of the State Forester. [Amended by 1967 c.417 §3; 1981 c.701
§1] The Department of State
Police shall employ a sufficient number of state police who shall perform
the duties of enforcement of criminal laws and other statutes of Oregon
with reference to the suppression and punishment of arson and fraudulent
claims and practices in connection with fire laws. [Amended by 1963 c.523
§7; 1965 c.602 §4; 1967 c.417 §4](1) The State Fire Marshal may by order from
time to time designate not more than seven regions within the state and
establish regional appeal advisory boards for each of the designated
regions.

(2) Each regional appeal advisory board shall consist of three
regular members and three alternate members appointed by the State Fire
Marshal. A member or alternate member of a regional appeal advisory board
shall receive no compensation for services as a member, but, subject to
any other applicable law regulating travel and other expenses for state
offices, shall receive actual and necessary travel and other expenses
incurred in the performance of official duties. All appointed members
must be persons qualified by experience and training. At least one member
of each board must be a qualified architect who has practiced the
profession for at least two years. Appointments shall be made for
three-year terms. Any member may be removed by the State Fire Marshal for
cause. Upon the death, resignation or removal of any member, a successor
shall be appointed by the State Fire Marshal to serve the balance of the
unexpired term. No member of a regional appeal advisory board shall sit
in a case in which the member is interested and if any such case comes
before the board, an alternate shall act in the place of the member.
[1965 c.602 §7(1),(2); 2005 c.22 §354](1) Each regional appeal advisory board shall:

(a) Elect a chairperson to whom referral of any matter by the State
Fire Marshal shall be effective as to all board members, and who shall
call and preside over meetings.

(b) Consider, and make recommendations to the State Fire Marshal
concerning, any application for adjustment or variance arising within
that region and referred to the board by the State Fire Marshal within 15
days after such referral. With relation to the referred matter the board
may hold a hearing and receive testimony. The recommendations of the
board shall be made in writing to the State Fire Marshal and shall be
accompanied by a summary of any testimony received, any documentary or
physical evidence received, any affidavit submitted by applicant and a
summary of any special facts found by the board.

(c) Hear and consider, and make recommendations to the State Fire
Marshal concerning, any appeal from an order made appealable by law,
within 15 days after referral of such appeal to the board by the State
Fire Marshal. Such recommendations shall be accompanied by the same
summaries and evidentiary matter as in the case of an application for
adjustment or variance referred to the board.

(d) Make recommendations to the State Fire Marshal concerning any
matter referred to the board by the State Fire Marshal or considered by
the board on its own motion, relating to fire prevention, protection from
fire or other safety measures.

(2) At the time of each appeals board meeting a deputy state fire
marshal shall submit to the board a report containing the pertinent facts
and the manner in which the statutes or regulations apply to the case in
point. [1965 c.602 §7(3)] The
State Fire Marshal, in making rules and regulations establishing minimum
standards for the protection of life and property against fire, shall
consider as evidence of generally accepted standards the applicable
standards prescribed from time to time by the National Fire Protection
Association. The State Fire Marshal may request consideration and
recommendations from the Department of Public Safety Standards and
Training before adopting any such regulations. [1963 c.523 §4; 1967 c.417
§5; 1973 c.667 §19; 1993 c.185 §28; 1997 c.853 §42] (1)
The State Fire Marshal may from time to time cause to be prepared
statistical reports on the history and condition of state fire defenses,
and an analysis of contributing factors of fire causes for the period of
the report. Such reports may be printed at the expense of the office of
the State Fire Marshal and sold at a price not to exceed cost of printing
and distribution. Receipts from the sale of such material shall be
deposited with the State Treasurer and shall be placed in the State Fire
Marshal Fund.

(2) The State Fire Marshal may fix a sale price for each copy of
any publication of the office of the State Fire Marshal supplied to
private persons interested therein, when such publication has been
approved as provided by law. [1965 c.602 §8]INSPECTION PROCEDURES(1) The State Fire Marshal and deputies, at
all reasonable hours, may enter into all buildings and upon all premises,
except private residences, for the purpose of inspection to ascertain if
fire hazards exist therein or thereon. Owners of private residences may
request a fire inspection of their property.

(2) No person shall interfere with or prevent any such inspection
by such officers.

(3) When any person interferes with or prevents the State Fire
Marshal or deputies from making the inspection mentioned herein, the
officer shall apply to the district attorney of the county wherein the
inspection was made or attempted to be made, for a warrant for the arrest
of the offending person, and it shall be the duty of such district
attorney forthwith to prosecute such offending person. [Formerly 476.080] Judges
authorized by law to issue search warrants, upon application of the State
Fire Marshal, or deputies or assistants of the State Fire Marshal, may
issue an inspection warrant whenever an inspection or investigation of
any building or premises is required or authorized by any state or local
statute, ordinance or rule relating to fire cause investigation or fire
safety inspection. [1987 c.362 §2] (1) An
inspection warrant shall be issued only upon cause, supported by
affidavit, particularly describing the applicant's status in applying for
the warrant, the statute, ordinance or rule requiring or authorizing the
inspection or investigation, the place, building or premises to be
inspected or investigated and the purpose for which the inspection or
investigation is to be made including the basis upon which cause exists
to inspect. In addition, the affidavit shall contain either a statement
that entry had been sought and refused or facts or circumstances
reasonably showing that the purposes of the inspection or investigation
might be jeopardized if entry were sought without an inspection warrant.

(2) Cause shall be deemed to exist in the following circumstances:

(a) There is probable cause to believe that a condition of
nonconformity with a fire safety standard or order exists;

(b) A fire has occurred in a building or on premises the cause of
which has not been determined; or

(c) For the purpose of carrying out a routine, periodic inspection.
[1987 c.362 §3] (1) Before
issuing an inspection warrant, the judge may examine under oath the
applicant or any other witness to be satisfied of the existence of
grounds for granting such application.

(2) If the judge is satisfied that cause for the inspection or
investigation exists and that the other requirements for granting the
application are satisfied, the judge shall issue the warrant,
particularly describing the name and title of the person or persons
authorized to execute the warrant, the building or premises to be entered
and the purpose of the inspection or investigation. The warrant shall
contain a direction that it be executed as provided for in ORS 476.070
and 476.150. [1987 c.362 §4] (1) Except as provided in subsection
(2) of this section, in executing an inspection warrant, the person
authorized to execute the warrant, before entry, shall make a reasonable
effort to present the person's credentials, authority and purpose to an
occupant or person in possession of the building or premises and present
the warrant or a copy thereof.

(2) An inspection warrant must be executed and returned to the
court by whom it was issued within 10 days from its date, unless such
court before the expiration of such time, by indorsement thereon, extends
the time for five days. After the expiration of the time prescribed by
this subsection, the warrant unless executed is void. [1987 c.362 §5]INVESTIGATION OF FIRES; REPORTS(1) The municipal fire marshals, fire
department chiefs, constables and other officers referred to in ORS
476.060 shall investigate the cause, origin and circumstances of each
fire occurring in their respective cities, villages or townships, by
which property has been destroyed or damaged, and shall make an
investigation to determine whether the fire was the result of
carelessness or design. The investigation shall be commenced immediately
after the occurrence of the fire. The State Fire Marshal may superintend
and direct the investigation if the State Fire Marshal deems it necessary.

(2) The fire chief of every city, or rural fire protection district
shall provide the State Fire Marshal with a full report of every fire
occurring within the jurisdiction of the fire chief on a form provided or
approved by the State Fire Marshal. Whenever the fire chief of every city
under 200,000 population finds any fire is of undetermined or suspicious
origin or involves a death or serious injury, the fire chief shall
immediately notify the State Fire Marshal or a deputy state fire marshal
and shall assemble all known facts and circumstances concerning the fire
in an approved report form and shall submit such report to the State Fire
Marshal, or the deputy state fire marshal assigned to the territory in
which the fire originated. When evidence clearly indicates the cause of
fire to be of incendiary origin, the fire chief shall also immediately
notify the state, county or municipal police agency.

(3) This section shall not apply to forestlands under the
jurisdiction of the State Forester. [Amended by 1965 c.602 §9; 1967 c.417
§6] (1) The
officer making an investigation of a fire occurring in a city, village or
township shall forthwith notify the State Fire Marshal and, within one
week of the occurrence of the fire, shall furnish the State Fire Marshal
a written statement of all facts relating to its cause and origin, and
such other information as is required by forms provided by the State Fire
Marshal.

(2) This section shall not apply to forestland under the
jurisdiction of the State Forester. [Amended by 1967 c.417 §7] If in the
opinion of the State Fire Marshal further investigation is necessary, the
State Fire Marshal or deputy state fire marshal, with the assistance of
the district attorney, shall then proceed to take or have taken the
statements of all persons supposed to be cognizant of any facts or who
have means of knowledge in relation to the matter concerning which the
examination is required and have such statements reduced to writing.If the Superintendent of State Police or an authorized
assistant is of the opinion that there is evidence sufficient to charge a
person with arson, burning with intent to defraud or prejudice the
insurer, or a similar crime, the Superintendent of State Police or
authorized assistant shall furnish the district attorney with such
evidence, with the names of witnesses and a copy of material testimony
taken in the case, and request the district attorney to cause the arrest
of such person or take such other action as the district attorney deems
necessary or advisable. [Amended by 1965 c.602 §10; 1967 c.417 §8]The district attorney may at the discretion of
the district attorney, upon the application of the State Fire Marshal or
chief deputy state fire marshal, issue a subpoena to summon the
attendance of witnesses before the district attorney to testify in
relation to any matter which by law is a subject of inquiry and
investigation, and require the production of any books, papers or
documents the district attorney deems pertinent to an investigation of or
relating to evidence pertaining to the cause of a fire. [Amended by 1967
c.417 §9] The
district attorney of any county, upon request of the state, county or a
municipal police agency, shall assist such officers in the investigation
of any fire which in their opinion is of incendiary origin. [Amended by
1967 c.417 §10](1) If an insurance company has reason
to believe that a fire loss to its assured's real or personal property
was caused by incendiary means, the company shall immediately make a
report to the office of the State Fire Marshal. The report shall indicate
the name of the assured, the date of the fire, location, occupancy, and
facts and circumstances coming to the company's knowledge, tending to
establish the cause or origin of the fire.

(2) Any federal, state or local public official or authorized agent
thereof having legal authority to investigate a fire loss of real or
personal property may request any insurance company to provide relevant
information in its possession pertaining to that loss. Upon request, the
company shall release such information to the official who requests it.
For purposes of this subsection, "relevant information" means information
having any tendency to make the existence of any fact that is of
consequence to the investigation more probable or less probable.

(3) In the absence of fraud or malice, no insurance company or its
authorized representative shall be liable for damages in a civil action
or subject to criminal prosecution for the release of information
required by subsections (1) and (2) of this section. [Amended by 1967
c.417 §11; 1981 c.701 §2; 1985 c.686 §4]EXTINGUISHING FIRES IN UNPROTECTED AREAS(1) The
fire chief, or the representative of the fire chief, of any duly
organized municipal or rural fire protection district may extinguish any
uncontrolled fire found to be burning in any unprotected area, if:

(a) The governing body of the city or the district board of the
rural fire protection district, as the case may be, has authorized the
fire chief and the representatives of the fire chief to extinguish
uncontrolled fires that are found to be burning in unprotected areas
situated outside of the boundaries of the city or district and that are
causing or may cause an undue jeopardy to life or property; and

(b) The fire chief or the representative of the fire chief believes
that such fire is causing or may cause undue jeopardy to life or property.

(2) In extinguishing a fire pursuant to subsection (1) of this
section, the fire chief and the representatives of the fire chief may
employ the same means and resources used by them to extinguish similar
fires within their jurisdiction. [1971 c.683 §1]Whenever a fire is
extinguished pursuant to ORS 476.280, the governing body of the city or
the district board of the rural fire protection district that provided
the fire suppression service may, on forms furnished by the State Fire
Marshal for such purposes, bill the owner of the property involved in the
fire for the cost of providing the fire suppression service. The
governing body of the city or the district board of the rural fire
protection district that provided the fire suppression service may
determine the cost of providing the fire suppression service by use of a
state standardized-costs schedule as approved by the State Fire Marshal.
The cost charged for providing the fire suppression service may not be
greater than the pro rata cost that would have been charged by the city
or district for the performance by the city or district of a similar fire
suppression service within its jurisdiction. If the cost is not paid
within 30 days after the second billing, the governing body of the city
or the district board of the rural fire protection district that provided
the fire suppression service may bring an action for the recovery of the
unpaid cost from the owner of the real property upon which the fire
suppression service was rendered. [1971 c.683 §2; 2005 c.22 §355]FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED(1) The governing body of each county may, in cooperation
with the State Board of Forestry, zone and, as often as necessary, rezone
any lands within the county lying outside the boundaries of incorporated
cities, organized rural fire protection districts, federal and
state-owned lands, lands protected under ORS chapter 477 and railroad
rights of way, except that railroad rights of way may be zoned or rezoned
if the owners of such rights of way file their written consent with the
governing body. Lands, when zoned or rezoned, shall be divided into two
zones as follows:

(a) Zone 1 shall be composed of forest, range, grass or undeveloped
lands, or any of such lands intermingled with grazing and agricultural
lands.

(b) Zone 2 shall be composed of rural lands not included in zone 1.

(2) During the season of the year when there is danger of fire,
every owner of zone 1 land shall provide adequate protection against the
starting or spread of fire thereon or therefrom, which protection shall
meet with the approval of the governing body of the county in which the
zone 1 land is located.

(3) An owner shall be deemed to have complied with the requirements
of subsection (2) of this section if, on January 1 of each year, the
owner files with the governing body of the county a bona fide fire
protection plan that meets with the approval of the county governing
body. The governing body of the county, or its appointed representative,
shall periodically inspect the protection facilities provided under such
a plan in order to confirm compliance by the owner.

(4) If any owner of zone 1 land fails or neglects to file a fire
protection plan, or to comply with the standard of protection approved by
the county governing body, the governing body shall provide for forest
protection pursuant to ORS 476.320.

(5) Nothing contained in ORS 476.310 to 476.340 shall prevent
interested property owners in any nonzoned territory from petitioning the
governing body and State Board of Forestry to hold a hearing on the
matter of zoning the territory if a majority of the landowners within the
territory file such petition. The governing body, cooperating with the
State Board of Forestry, shall give full consideration to the wishes of
the landowners as shown by the hearing. [Amended by 1957 c.432 §1; 1963
c.222 §1; 1965 c.253 §143; 1991 c.459 §415a; 2005 c.22 §356](1) The form of protection from fire for lands lying in zone 1
shall be determined jointly by the governing body of the county, the
State Fire Marshal and the State Board of Forestry, which determination
shall be reduced to writing, signed by the officers of the agencies and
entered in the journal of the governing body of the county.

(2) The authority of the State Board of Forestry may be extended to
include the establishment of forest protection on lands lying within zone
1 for lands not subject to a fire protection plan under ORS 476.310. For
such purposes the board of forestry may contract with individuals,
associations, agencies, corporations, rural fire protection districts,
counties, cities, federal agencies, or any of them. The cost of
protection in zone 1 shall be assessed and collected in the same manner
as protection costs for lands protected under ORS chapter 477.

(3) The moneys received by the State Board of Forestry under this
section shall be paid into the State Treasury and credited to the State
Forestry Department Account and shall be used exclusively for the
purposes stated in this section.

(4) As used in this section, the "authority of the State Board of
Forestry" means the duties, obligations, requirements and penalties of
ORS chapter 477. [Amended by 1957 c.83 §5; 1965 c.253 §144; 1967 c.429
§53; 1981 c.362 §1; 1991 c.459 §415b; 1999 c.355 §1] (1)
The county court or board of county commissioners of any county may
prevent and control fire occurring within the limits of zone 2 in such
county, and may for such purposes establish and maintain fire fighting
and fire control facilities and contract with existing fire control
agencies, either individuals, associations, corporations, cities or rural
fire protection districts. The State Fire Marshal, upon the request of
any county court or board of county commissioners, shall meet with and
advise such county court or board of county commissioners as to the
establishment and maintenance of fire fighting and fire protection
equipment and facilities.

(2) If the court or board establishes fire fighting and fire
protection equipment and facilities, it shall not discontinue such
equipment and facilities until at least three years after notice of its
intention to do so has been first published in a newspaper considered by
the board to be of general circulation in the county. The notice shall be
published by four insertions in the newspaper and 12 months shall elapse
between each insertion.

(3) While the county court or board of county commissioners of any
county is maintaining fire fighting and fire protection equipment and
facilities, the court or board annually shall levy a tax upon the taxable
property lying within zone 2 in the county, not to exceed one-fourth of
one percent (0.0025) of the real market value of all taxable property
within the zone, computed in accordance with ORS 308.207, for the purpose
of furnishing such fire protection.

(4) The court or board of county commissioners upon approval of the
majority of the electors of zone 2 voting at a special election called
for such a purpose, after notice as provided by ORS 255.095, may levy a
special tax of not to exceed one-fourth of one percent (0.0025) of the
real market value of all taxable property within the zone, computed in
accordance with ORS 308.207. This special levy may be in addition to the
regular levy under subsection (3) of this section.

(5) To carry into effect any of the powers granted under this
section, the court or board, when authorized by a majority of the votes
cast by the electors of the zone voting at an election called for that
purpose by the court or board after notice, as provided by ORS 255.095,
may borrow money and sell and dispose of general obligation bonds, which
bonds shall never in the aggregate exceed one and one-fourth of one
percent (0.0125) of the real market value of all taxable property within
the zone, computed in accordance with ORS 308.207.

(6) The tax limitations provided in subsections (3) and (4) of this
section shall not apply to taxes levied to pay principal or interest on
outstanding bonds. [Amended by 1955 c.262 §1; 1959 c.288 §1; 1963 c.9
§29; 1967 c.356 §1; 1969 c.590 §1; 1971 c.647 §107; 1991 c.459 §416]Nothing
contained in the provisions of ORS 476.310 to 476.330 shall be construed
to prohibit the establishment of rural fire protection districts as
provided by law within the boundaries of zone 2 as the same may be
established in any county. In event of the organization of a rural fire
protection district comprising lands in zone 2, property included within
such fire protection district shall not thereafter be taxed or assessed
under the provisions of ORS 476.320 or 476.330. [Amended by 1955 c.262
§2; 1963 c.222 §2] (1) No
person, outside the boundaries of a rural fire protection district or a
forest protection district, shall cause or permit to be initiated or
maintained on the property of the person, or cause to be initiated or
maintained on the property of another any open burning of commercial
waste, demolition material, domestic waste, industrial waste, land
clearing debris or field burning without first securing a permit from the
county court or board of county commissioners.

(2) The county court or board of county commissioners, or its
designated representative, shall prescribe conditions for issuance of any
permit and shall refuse, revoke or postpone issuance of permits when
necessary to prevent danger to life or property or to protect the air
resources of this state. The Environmental Quality Commission shall
notify the State Fire Marshal of the type of and time for burning to be
allowed on each day under schedules adopted pursuant to ORS 468A.570 and
468A.595. The State Fire Marshal shall cause all county courts and boards
of county commissioners or their designated representatives in the
affected areas to be notified of the type of and time for burning to be
allowed on each day and of any revisions of such conditions during each
day. The county court, board or representative shall issue permits only
in accordance with schedules of the Environmental Quality Commission
adopted pursuant to this section and ORS 468A.555 to 468A.620 and
468A.992, 476.990, 478.960 and 478.990 but may reduce the hours allowed
for burning if necessary to prevent danger to life or property from fire.
The State Fire Marshal may refuse or postpone permits when necessary in
the judgment of the State Fire Marshal to prevent danger to life or
property from fire, notwithstanding any determination by the county court
or board of county commissioners or its designated officer.
Notwithstanding any other provision of this subsection, for a permit for
the propane flaming of mint stubble, the county court or board of county
commissioners, or its designated representative may only prescribe
conditions necessary to prevent the spread of fire or to prevent
endangering life or property and may refuse, revoke or postpone
permission to conduct the propane flaming only when necessary to prevent
danger to life or property from fire.

(3) Nothing in this section:

(a) Requires permission for starting a campfire in a manner
otherwise lawful.

(b) Relieves a person starting a fire from responsibility for
providing adequate protection to prevent injury or damage to the property
of another. If such burning results in the escape of fire and injury or
damage to the property of another, such escape and damage or injury
constitutes prima facie evidence that the burning was not safe.

(c) Relieves a person who has obtained permission to start a fire,
or the agent of the person, from legal liability for property damage
resulting from the fire.

(d) Permits an act within a city or regional air quality control
authority area that otherwise is unlawful pursuant to an ordinance of the
city or rule, regulation or order of the regional authority.

(4) The county court or board of county commissioners shall
maintain records of all permits and the conditions thereof, if any, that
are issued under this section and shall submit at such times, as the
Environmental Quality Commission shall require such records or summaries
thereof to the commission. The Environmental Quality Commission shall
provide forms for the reports required under this subsection. [1967 c.420
§3; 1969 c.613 §2; 1971 c.563 §8; 1973 c.835 §164; 1975 c.635 §2; 1991
c.920 §21; 1997 c.473 §5]STANDARDIZATION OF FIRE PROTECTION EQUIPMENTAll equipment for fire protection purposes purchased by state
and municipal authorities, or any other authorities having charge of
public property, shall be equipped with the standard thread for fire hose
couplings and hydrant fittings as adopted by the State Fire Marshal under
ORS 476.030. Prior to adopting any such standard, the State Fire Marshal
may request from the Department of Public Safety Standards and Training
consideration of and recommendations regarding the standard. [Amended by
1963 c.523 §8; 1973 c.667 §20; 1993 c.185 §29; 1997 c.13 §2; 1997 c.853
§43]The standardization of existing fire protection equipment in
this state shall be arranged for and carried out by or under the
direction of the State Fire Marshal who may proceed to make the changes
necessary to standardize all existing fire protection equipment in this
state. Prior to making any such change, the State Fire Marshal may
request from the Department of Public Safety Standards and Training
consideration of and recommendations regarding the change. The State Fire
Marshal shall provide the appliances necessary for carrying on this work
and shall proceed with such standardization as rapidly as possible and
complete such work at the earliest date circumstances will permit.
However, the State Fire Marshal may exempt from standardization special
purpose fire equipment and existing fire protection equipment when it is
established that such equipment is not essential to the coordination of
public fire protection operations. The provisions of this section and ORS
476.440 shall not apply to fire protection equipment used under authority
of ORS chapters 477 and 526. [Amended by 1965 c.602 §11; 1973 c.667 §21;
1993 c.185 §30; 1997 c.13 §3; 1997 c.853 §44] The State Fire Marshal shall
notify industrial establishments and property owners having equipment for
fire protection purposes, which may be necessary for a fire department to
use in protecting the property or putting out fire, of the changes
necessary to bring their equipment up to the requirements of the standard
established and shall render them such assistance as may be available in
converting their defective equipment to standard requirements. No
person shall sell or offer for sale in Oregon any fire hose, hydrant,
fire engine or other equipment for fire protection purposes unless such
equipment is fitted and equipped with the standard thread for fire hose
couplings and hydrant fittings as has been adopted by the State Fire
Marshal under ORS 476.030. Fire equipment for special purposes, research
programs or special features of fire protection equipment found
appropriate for uniformity within a particular protection area, may be
exempted from this requirement by order of the State Fire Marshal.
[Amended by 1963 c.523 §9; 1965 c.602 §12]PROTECTION OF LIFE AND PROPERTY FROM FIRE IN CASE OF EMERGENCYORS 476.510 to 476.610 shall be known as the
Emergency Conflagration Act.
If the Governor is unavailable to make timely exercise of the authority
under ORS 476.510 to 476.610, the Superintendent of State Police may
exercise such authority, and if that individual is unavailable the State
Fire Marshal may exercise such authority. Any orders, rules or
regulations issued by the Superintendent of State Police or the State
Fire Marshal pursuant to this section have the same force and effect as
if issued by the Governor. [1979 c.76 §5; 1987 c.414 §81; 1993 c.186 §2]The Governor may assign and make available for use and duty in
any county, city or district, under the direction and command of an
officer designated by the Governor for the purpose, any part of the
fire-fighting forces and equipment of any fire-fighting organization in
this state other than an organization that possesses only one
self-propelled pumping unit. The Governor may make fire-fighting forces
and equipment available under this section in response to fire, a
heightened danger of fire or a significant reduction in available
fire-fighting resources. [Amended by 2005 c.16 §1]The chief executive of any county, city
or fire protection district or the head of any fire department of any
political subdivision, including agencies of this state, if so ordered by
the Governor, shall assign and make available for duty and use in any
county, city or fire district under the direction and command of such
officer as may be designated by the Governor for the purpose, any part of
the fire-fighting forces and equipment under the control of the chief
executive or the head of the fire department, provided that any equipment
made available by loan, or otherwise, to any county, city or fire
district or this state by the United States or any agency thereof, shall
at all times be subject to the order of the United States or such agency
in accordance with the terms and conditions upon which the equipment is
made available. [Amended by 1961 c.626 §1; 1979 c.76 §1] Whenever the
fire-fighting forces of any county, city or fire district are rendering
outside aid pursuant to ORS 476.520 or 476.530, the officers and members
of such fire-fighting forces shall have the same powers, duties, rights,
privileges and immunities as though they were performing their duties in
the political subdivision in which they are normally employed. When any equipment is used
pursuant to ORS 476.520 or 476.530 the state shall be liable for any loss
thereof or damage thereto and shall pay any expense incurred in the
operation or maintenance thereof. No claim for any such loss, damage or
expense shall be allowed unless, within 60 days after it has been
sustained or incurred, or within such extension of such time as may have
been obtained from the Department of State Police, an itemized notice of
such claim, under oath, is served by mail or personally upon the
Department of State Police and such loss, damage or expense shall be
payable from the Emergency Fund of the state. [Amended by 1979 c.76 §2;
1993 c.186 §3] Whenever aid is supplied pursuant to
ORS 476.520 to 476.590, the state shall reimburse the political
subdivision supplying such aid for the compensation paid to employees
supplied under ORS 476.520 to 476.590 during the time the rendition of
such aid prevents them from performing their duties in the political
subdivision by which they are employed and shall defray the actual
traveling and maintenance expenses of such employees while they are
rendering such aid. "Employee" as used herein means, and the provisions
of ORS 476.520 to 476.610 apply with equal effect to, all firefighters,
whether paid, volunteer or call. [Amended by 1991 c.67 §145]Substitute firefighters or recalled off-duty firefighters
within any county, city or fire district from which regular firefighters
are taken under the provisions of ORS 476.530, not exceeding the number
of regular firefighters, may be recalled or appointed by the same persons
authorized by law to appoint regular firefighters, provided that
substitute firefighters appointed shall not be subject to the
requirements of the civil service law or rules and that such substitute
firefighters shall not be entitled to any pension or retirement rights or
privileges. The substitute firefighters appointed under this section
shall have the powers, functions and duties of regular firefighters.
Their compensation shall not be greater than the lowest rate of pay for
regular firefighters. Persons appointed as substitute firefighters shall
exercise their powers, functions and duties only when called upon, during
the period all, or any part, of the regular fire-fighting forces of any
county, city or fire district are rendering outside aid pursuant to ORS
476.520 or 476.530, and for no longer than two days after the return to
duty of the part of the regular fire-fighting forces for which they are
substituting. Compensation for recalled off-duty firefighters and
substitute firefighters and any allowable expense necessarily incurred by
them in the performance of their duties shall be charged against the
county, city or fire district for which they were appointed and shall be
audited, allowed and paid as other charges against it are audited,
allowed and paid, and shall be subject to reimbursement by the state as
provided in ORS 476.550 and 476.560. [Amended by 1979 c.76 §3; 1991 c.67
§146] (1)
Upon request of an employee who is a volunteer firefighter of a rural
fire protection district or a firefighter employed by a city or a private
firefighting service to perform service pursuant to ORS 476.510 to
476.610, the employee, upon written notice by the employer, may be
granted a leave of absence by the employer until release from such
service permits the employee to resume the duties of employment.

(2) The regular employment position of an employee on leave of
absence under this section shall be considered vacant only for the period
of the leave of absence. The employee shall not be subject to removal or
discharge from such position as a consequence of the leave of absence.

(3) Upon the termination of a leave of absence under this section,
the employee shall be restored to the employee's position or an
equivalent position by the employer without loss of seniority, vacation
credits, sick leave credits, service credits under a pension plan or any
other employee benefit or right that had been earned at the time of the
leave of absence.

(4) An employer is not required to pay wages or other monetary
compensation to an employee during a leave of absence under subsection
(1) of this section.

(5) As used in this section:

(a) "Employee" means any individual, other than a copartner of the
employer or an independent contractor, who renders personal services in
this state to an employer who pays or agrees to pay wages or other
compensation to the individual for those services.

(b) "Employer" means any person who employs one or more employees
in this state. The term includes the State of Oregon or any county, city,
district, authority, public corporation or entity and any of their
instrumentalities organized and existing under law or charter, but does
not include the federal government. [1997 c.266 §2]Note: 476.574 and 476.576 were added to and made a part of 476.510
to 476.610 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.(1) Any violation of ORS 476.574 by an
employer is an unlawful employment practice.

(2) Complaints alleging a violation of ORS 476.574 may be filed by
employees with the Commissioner of the Bureau of Labor and Industries.
The commissioner shall enforce ORS 476.574 in the manner provided in ORS
chapter 659A for the enforcement of other unlawful employment practices.

(3) Any person claiming to be aggrieved by a violation of ORS
476.574 may bring a civil action in the manner provided in ORS 659A.885.
[1997 c.266 §3; 2001 c.621 §81]Note: See note under 476.574. The Governor may make, amend
and rescind such orders, rules and regulations as are necessary or
advisable to carry out the provisions of ORS 476.530 and 476.540. Any
order issued by the Governor in relation to carrying out the provisions
of ORS 476.520 to 476.610 may be either written or oral. If written, a
copy thereof shall be filed in the office of the Secretary of State and
another copy dispatched forthwith to the chief executive of any county,
city or fire protection district affected. Immediately thereafter such
order, rule or regulation shall be in effect. Oral orders may be made by
the Governor when in the opinion of the Governor the emergency is such
that delay in issuing a written order would be dangerous to the welfare
of the people of the state. However, written copies of such oral order
shall be filed and dispatched as soon after issuing such oral order as is
conveniently possible in the manner above provided for written orders.The State Fire Marshal shall prepare plans for the
effective carrying out of the provisions of ORS 476.520 to 476.610 and
provide advice and counsel to the Governor for the most practical
utilization under ORS 476.520 to 476.610 of the fire-fighting resources
of this state. [Amended by 2005 c.16 §2] Neither the
state nor any county, city or fire district or other political
subdivision nor any firefighter acting as the agent of any of the
foregoing is liable for any injury to person or property resulting from
the performance of any duty imposed by the authority of ORS 476.520 to
476.590. In carrying out the provisions of ORS 476.520 to 476.590 or
while acting within the scope of any duty imposed by authority of the
provisions of ORS 476.520 to 476.590, no person shall incur civil
liability. A person does not, however, escape full liability for injury
to person or property resulting from willful misconduct or gross
negligence of the person. [Amended by 1991 c.67 §147; 2005 c.22 §357] The state shall draw warrants on the
State Treasurer for the payment of all duly approved claims lawfully
incurred in pursuance of ORS 476.520 to 476.600. [Amended by 1983 c.740
§189; 1993 c.186 §5]GOVERNOR'S FIRE SERVICE POLICY COUNCIL(1) There is created the Governor's Fire Service Policy Council.
The council shall include the following nonvoting ex officio members:

(a) The Superintendent of State Police, or a designee thereof
experienced in the oversight of Department of State Police activities
relating to the office of the State Fire Marshal; and

(b) The Director of the Department of Public Safety Standards and
Training, or a designee thereof.

(2) The State Fire Marshal shall serve as executive director of the
council, but is not a member. The council shall meet at least quarterly.
The council shall select a chairperson and vice chairperson at the first
council meeting of each odd-numbered year. The council may elect
additional officers as the council determines to be reasonable and
necessary.

(3) In addition to the ex officio members identified in subsection
(1) of this section, the Governor may designate a representative of the
Governor to serve as a nonvoting member. The Governor may also appoint
not more than nine members to serve on the council for three-year terms.
Initial terms of the appointed members may be adjusted to promote council
stability. An appointed member may not serve more than two consecutive
terms. A member appointed by the Governor must be a representative of one
of the following:

(a) The Oregon Fire Chiefs' Association or a successor or other
organization representing fire chiefs.

(b) The Oregon Fire District Directors' Association or a successor
or other organization representing fire district directors.

(c) The Oregon Fire Marshals Association or a successor or other
organization representing fire marshals.

(d) Property and casualty insurance providers.

(e) Employees of the office of the State Fire Marshal.

(f) The Oregon State Fire Fighters Council or a successor or other
organization representing professional firefighters.

(g) The Oregon Volunteer Fire Fighters' Association or a successor
or other organization representing volunteer firefighters.

(h) The League of Oregon Cities or a successor or other
organization representing municipalities.

(i) The general public.

(4) Notwithstanding the term of office specified in subsection (3)
of this section, the initial term of a member appointed by the Governor
may be adjusted to limit the number of member terms expiring in the same
year.

(5) To the extent funding is available from moneys appropriated to
the office of the State Fire Marshal, a member of the council is entitled
to compensation and expenses as provided in ORS 292.495.

(6) The council shall advise the Governor and the Superintendent of
State Police on fire policy issues and serve in an advisory capacity to
the State Fire Marshal on strategies for the implementation of fire and
life safety issues. The council may initiate advice to the State Fire
Marshal, the Superintendent of State Police and the Governor on any
matter related to the mission of the council. The council may not
participate in the discussion of traditional labor relations issues.

(7) The office of the State Fire Marshal shall provide staff
services to the council. All agencies, departments and officers of this
state are directed to assist the council in the performance of its
functions and to furnish information and advice as the council considers
necessary. [2001 c.647 §1]Note: 476.680 and 476.685 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 476 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Governor's Fire Service Policy
Council shall provide a biennial report to the Governor and the
Superintendent of State Police on the overall performance of the office
of the State Fire Marshal. The report shall identify significant
successes and improvement opportunities. [2001 c.647 §2]Note: See note under 476.680.MISCELLANEOUS PROVISIONSNo person shall set or permit any fire on
the Pacific Ocean shore, declared to be a state recreation area under ORS
390.615, adjacent to any structure or any timber or forest area except
pursuant to rule, regulation or permit of or from the State Parks and
Recreation Department. [Amended by 1965 c.368 §7; 1989 c.904 §65]No
one shall, at any time, throw away any lighted tobacco, cigars,
cigarettes, matches or other lighted material, on any forestland, private
road, public highway or railroad right of way within this state. Everyone
operating a public conveyance shall post a copy of this section in a
conspicuous place within the smoking compartments of such conveyance.
[Formerly 477.164] ORS
476.010 to 476.090, 476.155 to 476.170, 476.210 to 476.270, 476.990 (1),
479.140 and 479.168 to 479.190 are remedial in nature and shall be
construed liberally.(1) The superintendent of each Department of
Corrections institution of this state and of each institution for the
mentally ill shall, prior to the release, or immediately after the
escape, from such institution of any person committed to such institution
for arson or arsonist activity, notify the State Fire Marshal and the
Department of State Police except that such notice shall not be required
when such persons are on approved leave from such institutions for
periods of not to exceed 10 days. The notice shall state the name of the
person to be released or who has escaped, the county in which the person
was convicted or from which the person was committed and, if known, the
address or locality at which the person will reside.

(2) Promptly upon receipt of the notice, the State Fire Marshal and
the Department of State Police shall notify respectively the fire
departments and rural fire protection districts who maintain full-time
personnel and the sheriff and police departments of the county in which
the person was convicted or from which the person was committed and the
county, if known, in which the person will reside. [1957 c.245 §§1,2;
1959 c.26 §1; 1965 c.602 §16; 1987 c.320 §237]FIRE PROTECTION EQUIPMENT LOAN FUND(1) Any city of 5,000 or less
in population and any rural fire protection district serving 5,000 or
fewer residents may file with the State Fire Marshal an application to
borrow from the Fire Protection Equipment Loan Fund moneys for the
acquisition of fire protection equipment.

(2) Applications shall be submitted in such manner and shall
contain or be accompanied by such information as the State Fire Marshal
may prescribe. [1991 c.587 §1]Note: 476.900 to 476.925 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 476 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The State
Fire Marshal may approve an application for a fire protection equipment
acquisition loan if the State Fire Marshal finds that:

(1) Moneys in the Fire Protection Equipment Loan Fund will be
available therefor; and

(2) The application is for the acquisition of equipment determined
by the State Fire Marshal to be necessary to provide adequate fire
protection service by the applicant. [1991 c.587 §2]Note: See note under 476.900. If the State Fire
Marshal approves an application for a fire protection equipment
acquisition loan, the State Fire Marshal, on behalf of the state, and the
applicant may enter into a loan agreement. The agreement shall set forth
among other matters:

(1) The amount and purpose of the loan.

(2) A plan for repayment by the applicant to the Fire Protection
Equipment Loan Fund of moneys borrowed, upon such terms and conditions as
the State Fire Marshal considers appropriate.

(3) That the liability of the state under the contract is
contingent upon the availability of moneys in the Fire Protection
Equipment Loan Fund.

(4) Such further provisions as the State Fire Marshal determines
appropriate to insure expenditure of moneys borrowed for the purposes set
forth in the approved application. [1991 c.587 §3]Note: See note under 476.900. A city or rural fire
protection district that enters into an agreement with the State Fire
Marshal for a fire protection equipment acquisition loan may obtain
moneys for repayment thereof in the same manner as other moneys are
obtained for purposes of the payment of expenses of the city or rural
fire protection district. [1991 c.587 §4]Note: See note under 476.900. (1) In
accordance with any applicable provisions of ORS chapter 183, the State
Fire Marshal may adopt rules to carry out the provisions of ORS 476.900
to 476.925. Such rules may include, but are not limited to, specifying
the importance and priority of fire protection equipment that may be
acquired pursuant to ORS 476.900 to 476.925 and which requires local
government matching funds.

(2) The State Fire Marshal may accept gifts, donations and grants
from whatever source for the purpose of carrying out ORS 476.900 to
476.925. All moneys received shall be paid into the Fire Protection
Equipment Loan Fund. [1991 c.587 §5]Note: See note under 476.900. The Fire
Protection Equipment Loan Fund is established in the State Treasury,
separate and distinct from the General Fund. All moneys in the fund are
appropriated continuously to the State Fire Marshal to carry out the
provisions of ORS 476.900 to 476.925. Interest earned by moneys in the
fund shall be credited to the fund. [1991 c.587 §6]Note: See note under 476.900.PENALTIES(1) Violation of ORS 476.150 (2) is a
misdemeanor. All penalties, fees or forfeitures collected under the
provisions of this subsection, ORS 476.010 to 476.090, 476.155 to 476.170
and 476.210 to 476.270 shall be paid into the State Treasury.

(2) Violation of ORS 476.380 (1) is a misdemeanor.

(3) Violation of ORS 476.410 to 476.440 is punishable, upon
conviction, by a fine of not less than $25 nor more than $250, or by
imprisonment in the county jail for not less than 10 or more than 60
days, or both. Justices of the peace and district judges shall have
concurrent jurisdiction with the circuit courts over prosecutions for
such violations.

(4) Violation of any provision of ORS 476.510 to 476.610 is a
misdemeanor.

(5) Subject to ORS 153.022, violation of ORS 476.710 or 476.715 or
of any rule or regulation of the State Parks and Recreation Department
promulgated thereunder is punishable, upon conviction, by a fine not
exceeding $500 or imprisonment in the county jail not exceeding six
months, or both. [Subsection (5) of 1959 Replacement Part formerly
477.990(5); 1961 c.52 §1; subsection (2) enacted as 1967 c.420 §4;
subsection (6) enacted as 1967 c.417 §13 and 1967 c.417 §15; 1971 c.563
§10; 1971 c.743 §383; 1999 c.1051 §312; 2001 c.104 §216]

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