Oregon Statutes - Chapter 476 - State Fire Marshal; Protection From Fire Generally

• 476.005   Definitions.
  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...
• 476.010   Additional definitions.
  (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...
• 476.020   State Fire Marshal; appointment; qualifications.
  (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...
• 476.030   Powers and duties of marshal and deputies generally; rules; exemption of certain governmental subdivisions; inspection of adult foster homes.
  (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...
• 476.033   Discretionary powers of State Fire Marshal.
  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)...
• 476.035   Adjustments and variances in application of statutes and regulations.
  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...
• 476.040   Deputies and assistants.
  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...
• 476.050   Payment of salaries and expenses.
  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...
• 476.055   State Fire Marshal Fund; uses.
  (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...
• 476.057   [1980 c.15 §1; repealed by 1985 c.383 §1]
• 476.060   Local officers and constables as assistants to State Fire Marshal.
  (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...
• 476.070   Entering buildings and premises.
  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...
• 476.080   [Amended by 1973 c.834 §32; renumbered 476.150 in 1987]
• 476.090   Records of fires.
  (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...
• 476.100   [Amended by 1973 c.832 §§7,7a; 1977 c.104 §2; repealed by 1987 c.414 §172]
• 476.110   State police to enforce fire laws.
  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...
• 476.113   Designation of regions; regional appeal advisory boards; qualifications of members.
  (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...
• 476.115   Functions of regional appeal advisory boards; reports submitted to board.
  (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...
• 476.120   Minimum standards for protection of life and property.
  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...
• 476.130   Statistical reports; price; sale; deposit of proceeds.
  (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,...
• 476.150   Entry and inspection of premises; interfering with or preventing entry prohibited.
  (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...
• 476.155   When judges authorized to issue inspection warrants.
  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...
• 476.160   Circumstances under which warrant may be issued.
  (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,...
• 476.165   Establishing cause to issue warrant; content.
  (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...
• 476.170   Execution of warrant.
  (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...
• 476.210   Investigation of fires by municipal officers and constables; reports; exemption.
  (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...
• 476.220   Report by officer investigating fire; exemption.
  (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...
• 476.230   Taking statements of persons knowing facts.
  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...
• 476.240   Supplying information to and requesting action by district attorney.
  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,...
• 476.250   District attorney summoning witnesses and requiring production of documents.
  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,...
• 476.260   District attorney assisting investigation of fires.
  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...
• 476.270   Insurance company reports of suspicious fires; inspection of company’s relevant information.
  (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,...
• 476.280   Municipal fire departments and rural fire protection districts authorized to extinguish 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...
• 476.290   Billing owner of property for cost of extinguishing fire; cost limited; collection; action for recovery of cost.
  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...
• 476.310   Zoning and rezoning of certain lands; hearing on petition of owners in nonzoned territory; duty of landowner to provide fire protection.
  (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...
• 476.320   Determination of form of fire protection for lands in zone 1; costs.
  (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...
• 476.330   Prevention and control of fires in zone 2; tax levy.
  (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...
• 476.340   Establishment of rural fire protection districts in zone 2; exemption from taxation of property included in district.
  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...
• 476.380   Fire permits; limitations upon burning; records.
  (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...
• 476.410   Standard thread hose couplings and hydrant fittings required.
  All equipment for fire protection purposes purchased by state and municipal authorities, or any other authorities having charge of public property, shall be equipped with...
• 476.420   Standardization of existing fire protection equipment; exemption.
  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...
• 476.430   Changing private equipment.
  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...
• 476.440   Sale of nonstandard equipment prohibited; exemption.
  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...
• 476.510   Short title.
  ORS 476.510 to 476.610 shall be known as the Emergency Conflagration Act.
• 476.515   Other officers authorized to act when Governor unavailable.
  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...
• 476.520   Governor authorized to assign fire-fighting forces and equipment.
  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...
• 476.530   Chief executive of political subdivision to assign forces and equipment; federal equipment.
  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...
• 476.540   Powers and duties of fire-fighting forces.
  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...
• 476.550   Loss or damage to equipment.
  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...
• 476.560   Reimbursement for aid.
  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...
• 476.570   Appointment of substitute firefighters; recall of off-duty firefighters.
  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,...
• 476.574   Leave of absence for volunteers; employment rights.
  (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...
• 476.576   Violation of job restoration rights of volunteers as unlawful employment practice.
  (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...
• 476.580   Orders, rules and regulations.
  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...
• 476.590   Preparation of plans by State Fire Marshal; advice and counsel to Governor.
  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...
• 476.600   Liability for injury to person or property.
  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...
• 476.610   Payment of claims.
  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...
• 476.680   Governor’s Fire Service Policy Council; membership; terms; duties.
  (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...
• 476.685   Biennial reports.
  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...
• 476.710   Setting fires adjacent to structures or timber on ocean shore prohibited; exceptions.
  No 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...
• 476.715   Throwing away of lighted matches, cigarettes and other materials prohibited; posting copy of section in public conveyances.
  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...
• 476.720   Certain remedial statutes to be construed liberally.
  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
• 476.730   Notice prior to release or after escape of arsonist from state institution.
  (1) The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness shall, prior to the...
• 476.740   [1967 c.417 §12; repealed by 1971 c.743 §432]
• 476.750   [1967 c.417 §14; repealed by 1971 c.743 §432]
• 476.755   Definitions for ORS 476.755 to 476.790 and 476.995.
  As used in ORS 476.755 to 476.790 and 476.995: (1) “Cigarette” means a roll for smoking: (a) That is made wholly of tobacco, or of...
• 476.760   Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules.
  (1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire...
• 476.765   Imposition of civil penalties; bringing of actions.
  (1) The State Fire Marshal shall impose civil penalties under ORS 476.995 in the manner provided by ORS 183.745. (2) The Attorney General may bring...
• 476.770   Determination of cigarette variety ignition propensity; reduced ignition propensity standard; listing; cigarette design; rules.
  (1) For each variety of cigarette sold or proposed for sale in this state, the State Fire Marshal shall determine whether that variety of cigarette...
• 476.775   Laboratories; ignition propensity testing.
  (1) A laboratory that conducts ignition propensity testing for purposes of ORS 476.770 must have a quality control and assurance program. The program shall be...
• 476.780   Cigarette variety certification by manufacturer; retesting; record retention; unfavorable determination by State Fire Marshal.
  (1) A manufacturer shall submit a written certification attesting that each variety of cigarette listed in the certification has been subjected to ignition propensity testing...
• 476.785   Cigarette packaging markings.
  (1) A manufacturer shall place a single type of marking on all packaging for cigarettes of the manufacturer sold in this state to indicate that...
• 476.790   Providing copies of cigarette certification and illustration of packaging markings.
  (1) A manufacturer selling cigarettes to a wholesale dealer in this state shall provide the wholesale dealer with a copy of the certification for those...
• 476.795   Interpretation of ORS 476.755 to 476.790 and 476.995.
  The interpretations given to the New York Fire Safety Standards for Cigarettes (Part 429, Title 19, New York Environmental Conservation Rules and Regulations) shall be...
• 476.800   [1973 c.667 §1; 1977 c.104 §3; renumbered 476.055]
• 476.801   Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995.
  ORS 476.755 to 476.790 and 476.995 do not apply to any cigarette variety that the State Fire Marshal determines is subject to a federal law...
• 476.805   [1973 c.667 §2; 1985 c.118 §5; repealed by 1993 c.185 §34]
• 476.806   Cigarette Fire Safety Fund.
  (1) The Cigarette Fire Safety Fund is established in the State Treasury, separate and distinct from the General Fund. The Cigarette Fire Safety Fund shall...
• 476.810   [1973 c.667 §3; repealed by 1993 c.185 §34]
• 476.815   [1973 c.667 §8; 1985 c.118 §6; repealed by 1993 c.185 §34]
• 476.820   [1973 c.667 §4; 1977 c.104 §4; repealed by 1993 c.185 §34]
• 476.825   [1973 c.667 §5; 1985 c.118 §7; repealed by 1993 c.185 §34]
• 476.830   [1973 c.667 §6; 1985 c.118 §8; repealed by 1993 c.185 §34]
• 476.835   [1973 c.667 §7; 1979 c.772 §24; 1985 c.118 §9; repealed by 1993 c.185 §34]
• 476.840   [1973 c.667 §9; 1987 c.414 §82; repealed by 1993 c.185 §34]
• 476.845   [1973 c.667 §11; 1977 c.104 §5; 1985 c.118 §10; repealed by 1993 c.185 §34]
• 476.850   [1973 c.667 §13; 1977 c.104 §6; repealed by 1993 c.185 §34]
• 476.855   [1973 c.667 §14; 1985 c.118 §11; 1993 c.185 §19; renumbered 476.033 in 1999]
• 476.860   [1973 c.667 §12; 1977 c.104 §7; repealed by 1985 c.118 §17]
• 476.865   [1973 c.667 §15; 1977 c.104 §8; 1985 c.118 §12; repealed by 1993 c.185 §34]
• 476.870   [1981 c.97 §2; repealed by 1985 c.118 §17]
• 476.900   Application by certain cities and rural fire protection districts to borrow money from 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...
• 476.905   Approval of application by State Fire Marshal.
  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...
• 476.910   Loan agreement; terms; conditions.
  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...
• 476.915   Source of revenue to repay loan.
  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...
• 476.920   Rules; acceptance of gifts, donations and grants.
  (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...
• 476.925   Fire Protection Equipment Loan Fund; uses.
  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...
• 476.990   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,...
• 476.995   Penalty for violation of ORS 476.760.
  The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed: (1) For a...

Last modified: August 7, 2008