Chapter 401 Emergency Management and Services

DEFINITIONS

401.025 Definitions for ORS chapter 401

As used in this chapter: “Emergency” means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to: Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsuna…

401.030 [Amended by 1967 c.595 §1; 1969 c.80 §8; 1975 c.379 §9; 1975 c.624 §1; repealed by 1983 c.586 §49]

RESPONSIBILITY FOR EMERGENCY SERVICES

401.032 Statement of policy and purpose

The general purpose of this chapter is to reduce the vulnerability of the State of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies. It is declared to be the policy and intent of the Legislative Assembly th…

401.035 Responsibility for emergency services systems

The emergency services system is composed of all agencies and organizations involved in the coordinated delivery of emergency services. The Governor is responsible for the emergency services system within the State of Oregon. The executive officer or governing body of each county or city of this state is responsible for the emergency services system within t…

401.038 Emergency incident training for certain officials

All elected officials in this state, all administrative heads of state agencies and all persons in the state government management service as defined in ORS 240.212 shall complete introductory courses offered or approved by the Federal Emergency Management Agency on incident command and the National Incident Management System. All officials of a local gover…

401.039 [2007 c.740 §19; 2009 c.718 §29; renumbered 401.198 in 2009]

401.040 [Amended by 1963 c.528 §1; 1967 c.419 §33; 1969 c.80 §9; 1975 c.379 §10; 1975 c.624 §2; 1981 c.615 §4; repealed by 1983 c.586 §49]

401.041 [2002 s.s.1 c.7 §1; renumbered 402.100 in 2009]

401.043 [2002 s.s.1 c.7 §2; renumbered 402.105 in 2009]

401.045 [1983 c.586 §18; 1993 c.187 §2; repealed by 2002 s.s.1 c.7 §3]

401.050 [Amended by 1963 c.528 §2; 1967 c.419 §34; 1967 c.595 §2; 1969 c.80 §10; 1969 c.314 §32; 1981 c.615 §5; repealed by 1983 c.586 §49]

EMERGENCY MANAGEMENT BY THE STATE (Oregon Department of Emergency Management)

401.052 Responsibilities of Oregon Department of Emergency Management

The Oregon Department of Emergency Management is established. The department shall be responsible for: Coordinating and facilitating private sector and governmental efforts to prevent, prepare for, respond to and recover from emergencies; and Coordinating exercises and training, planning, preparedness, response, mitigation and recovery activities with sta…

401.054 Liaisons with Oregon Department of Emergency Management

Each of the following agencies, entities and officials shall designate an individual to act as a liaison with the Oregon Department of Emergency Management: The Department of Consumer and Business Services; The Department of Corrections; The Department of Education; The Department of Environmental Quality; The Department of Human Services; The Departme…

401.055 [1983 c.586 §4; 1991 c.605 §1; 1993 c.187 §3; 2007 c.408 §1; 2007 c.740 §21; renumbered 401.165 in 2009]

401.060 [Amended by 1963 c.528 §4; 1967 c.595 §3; 1969 c.80 §11; repealed by 1983 c.586 §49]

401.062 Oregon Department of Emergency Management; appointment of director

The Oregon Department of Emergency Management is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department. The Governor shall appoint the Director of the Oregon Department of Emergency Management, who holds office at the pleasure of the Governor. The appointment of the dire…

401.064 [1975 c.379 §3; repealed by 1983 c.586 §49]

401.065 [1983 c.586 §5; 2009 c.718 §39; renumbered 401.168 in 2009]

401.066 [1975 c.379 §2; 1977 c.248 §3; repealed by 1983 c.586 §49]

401.067 Compliance Division

There is established the Compliance Division as an administrative division of the Oregon Department of Emergency Management. The Director of the Oregon Department of Emergency Management shall appoint a compliance officer to lead the division. The compliance officer serves at the pleasure of and at the direction of the director. The director may appoint addi…

401.068 [1975 c.379 §4; repealed by 1983 c.586 §49]

401.070 [Repealed by 1983 c.586 §49]

401.072 Appointment of deputy director

The Director of the Oregon Department of Emergency Management may, by written order filed with the Secretary of State, appoint a deputy director. The deputy director serves at the pleasure of the director, has authority to act for the director in the absence of the director and is subject to the control of the director at all times. Subject to any applicabl…

401.074 [1983 c.586 §6; 2009 c.718 §40; renumbered 401.185 in 2009]

401.075 [1977 c.248 §2; repealed by 1983 c.586 §49]

401.076 Rules

In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Emergency Management may adopt rules necessary for the administration of the laws that the department is charged with administering.

401.080 [Amended by 1953 c.6 §4; 1967 c.595 §4; 1975 c.379 §11; repealed by 1983 c.586 §49]

401.082 Advisory and technical committees

To aid and advise the Director of the Oregon Department of Emergency Management in the performance of the functions of the Oregon Department of Emergency Management, the director may establish such advisory and technical committees as the director considers necessary. The committees may be continuing or temporary. The director shall determine the representat…

401.085 [1983 c.586 §7; 2009 c.718 §41; renumbered 401.188 in 2009]

401.088 Interagency agreements

The Director of the Oregon Department of Emergency Management may enter into interagency agreements with other state agencies that the director determines are necessary to carry out the duties of the Oregon Department of Emergency Management.

401.090 [Repealed by 1983 c.586 §49]

401.092 Duties of director; federal fire management assistance declaration; rules

The Director of the Oregon Department of Emergency Management is responsible for coordinating and facilitating exercises and training, emergency planning, preparedness, response, mitigation and recovery activities with the state and local emergency services agencies and organizations, and shall: Make rules that are necessary and proper for the administratio…

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

The Oregon Department of Emergency Management shall maintain a system for the notification and interagency coordination of state resources in response to emergencies involving multijurisdictional cooperation between the various levels of government and private business entities. The notification system shall be managed by the department as a continuously av…

401.095 [1983 c.586 §8; renumbered 401.192 in 2009]

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

The Oregon Department of Emergency Management is designated as the sole agency of the State of Oregon for the purpose of negotiating agreements with the United States Department of Homeland Security or other appropriate federal agency, on behalf of the state, for the acquisition of federal funds for the purpose of providing emergency program management and e…

401.100 [Repealed by 1983 c.586 §49]

401.105 [1983 c.586 §9; renumbered 401.204 in 2009]

401.106 [2007 c.223 §1; renumbered 401.962 in 2009]

401.107 [2007 c.223 §§3,4; renumbered 401.965 in 2009]

401.108 [2007 c.223 §7(3); renumbered 401.970 in 2009]

401.109 Oregon Homeland Security Council

The Oregon Homeland Security Council is established within the Oregon Department of Emergency Management. The mission of the council is to assess risks to the safety and security of the State of Oregon with special emphasis on matters related to domestic terrorism and other major threats to the people of Oregon, including to critical infrastructure, and to m…

401.110 [Amended by 1975 c.379 §12; repealed by 1983 c.586 §49]

401.111 State plan for emergency stockpile

The Oregon Homeland Security Council, in consultation with emergency management agencies, the Oregon Department of Emergency Management or its predecessor office, and the Oregon Health Authority, shall develop a plan to ensure that Oregonians have access to a robust stockpile of supplies and equipment for use in an emergency, including personal protective eq…

401.114 Emergency preparedness functions

The Oregon Department of Emergency Management shall carry out the following functions: Coordinate emergency management functions on a regional basis within this state; Coordinate training related to emergency response on a regional basis within this state; and Develop and carry out emergency preparedness exercises on a statewide basis. Note: 401.114 was …

401.115 [Formerly 401.530; renumbered 401.175 in 2009]

401.116 Emergency response exercises

The Oregon Department of Emergency Management shall develop and administer a program for periodic emergency response exercises as described in this section. Once per year, the department shall coordinate a multidisciplinary, all-hazards emergency response exercise. The exercise must involve at least 10 percent of the public or private safety agencies in thi…

401.120 [Repealed by 1983 c.586 §49]

401.121 Technical assistance to local entities

The Oregon Department of Emergency Management shall provide technical assistance, as described in subsection (2) of this section, to local entities, whether public or private, that are active in emergency preparedness, response or recovery in Oregon, including: County, city and tribal emergency management agencies; Community organizations active in disaste…

401.123 Support for community organizations active in disaster

As used in this section, “community organization active in disaster” means a cooperative organization comprising representatives of nonprofit, governmental, business and faith-based entities that works within a local community to prepare for, build resilience against and recover from emergencies by performing functions including any of the following: Provid…

401.125 [Formerly 401.630; renumbered 401.232 in 2009]

401.130 [Repealed by 1983 c.586 §49]

401.135 [Formerly 401.640; 1997 c.14 §1; renumbered 401.234 in 2009]

401.140 [Repealed by 1983 c.586 §49]

401.145 [Formerly 401.650; renumbered 401.178 in 2009]

401.150 [Repealed by 1983 c.586 §49]

401.155 [Formerly 401.660; 2009 c.718 §43; renumbered 401.236 in 2009]

401.160 [Amended by 1953 c.6 §4; 1955 c.451 §1; repealed by 1983 c.586 §49]

(Declaration of State of Emergency)

401.165 Declaration of state of emergency; procedures

The Governor by proclamation may declare a state of emergency at the request of a county governing body or after determining that an emergency has occurred or is imminent. All requests by a county governing body that the Governor declare an emergency shall be sent to the Oregon Department of Emergency Management. Cities must submit requests through the gove…

401.168 Governor’s powers during state of emergency; suspension of agency rules

During a state of emergency, the Governor has complete authority over all executive agencies of state government and the right to exercise, within the area designated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter. During a state of emergency, the Governor has authori…

401.170 [Amended by 1963 c.179 §1; 1971 c.766 §1; repealed by 1983 c.586 §49]

401.175 Additional powers during emergency

During the existence of an emergency, the Governor may: Assume complete control of all emergency operations in the area specified in a proclamation of a state of emergency issued under ORS 401.165, direct all rescue and salvage work and do all things deemed advisable and necessary to alleviate the immediate conditions. Assume control of all police and law …

401.178 Removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage

Whenever the Governor has declared a disaster emergency to exist under the laws of this state, or the President of the United States, at the request of the Governor, has declared a major disaster or emergency to exist in this state, the Governor is authorized: Through the use of state departments or agencies, or the use of any of the state’s instrumentaliti…

401.180 [Repealed by 1983 c.586 §49]

401.185 Providing temporary housing during emergency

Whenever the Governor has declared a state of emergency or the President of the United States has declared an emergency or a major disaster to exist in this state, the Governor, with the concurrence of the Joint Committee on Ways and Means or the Emergency Board, if the Legislative Assembly is not in session, is authorized: To enter into purchase, lease or …

401.186 Waiver of waiting period for unemployment benefits

If the Governor by proclamation has declared a state of emergency under ORS 401.165, the Governor may waive the one-week waiting period required by ORS 657.155 for persons making a claim for unemployment benefits who reside within the geographical area subject to the proclamation and specified by the Governor. [2008 c.23 §2] Note: Section 4, chapter 23, Ore…

401.188 Management of resources during emergency; rules

Whenever the Governor has declared a state of emergency, the Governor may issue, amend and enforce rules and orders to: Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods a…

401.190 [Amended by 1963 c.528 §5; repealed by 1983 c.586 §49]

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

All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 to 401.236 shall be inoperative during the period of time and to the extent such inconsistencie…

401.195 [1981 c.763 §2; repealed by 1983 c.586 §49]

401.198 Seizure of firearms during emergency

As used in this section, “unit of government” means any department or agency of the federal government and any public body as defined by ORS 174.109. Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165. If a unit of …

401.200 [1981 c.763 §3; 1983 c.586 §27; renumbered 401.355]

401.204 Termination of state of emergency

The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative Assembly.

401.205 [1981 c.763 §4; 1983 c.586 §28; renumbered 401.365]

401.210 [Formerly 401.820; 1983 c.586 §29; renumbered 401.375]

401.215 [Formerly 401.830; 1983 c.586 §30; renumbered 401.385]

401.220 [1981 c.763 §5; 1983 c.586 §31; renumbered 401.395]

401.225 [1981 c.763 §6; 1983 c.586 §32; renumbered 401.405]

401.230 [1981 c.763 §7; 1983 c.586 §33; renumbered 401.415]

(Declaration of Major Disaster)

401.232 Federal financial assistance to political subdivision

Whenever, at the request of the Governor, the President of the United States has declared a major disaster to exist in this state, the Governor is authorized: Upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perf…

401.234 Federal financial assistance to individuals or families

Whenever the President of the United States, at the request of the Governor, with the concurrence of the Emergency Board or Joint Ways and Means Committee of the Legislative Assembly, has declared a major disaster to exist in this state, the Governor is authorized: Upon determination that financial assistance is essential to meet disaster-related necessary …

401.235 [1981 c.763 §8; 1983 c.586 §34; renumbered 401.425]

(Rules for States of Emergency and Major Disasters)

401.236 Rules

The Governor is authorized to make rules and regulations necessary to carry out the purposes of ORS 401.165 to 401.236. (Critical Service Providers)

401.239 Critical service providers; credentialing; rules

As used in this section, “critical service provider” means an individual: Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Management to be critical to emergency response operations in Oregon; and Who is: Maintain…

401.240 [1981 c.763 §9; 1983 c.586 §35; renumbered 401.435]

401.245 [1981 c.763 §10; 1983 c.586 §36; renumbered 401.445]

401.250 [1981 c.763 §11; 1983 c.586 §37; renumbered 401.455]

401.255 [1981 c.763 §12; 1983 c.586 §38; renumbered 401.465]

(Oregon Safety Assessment Program)

401.256 Oregon Safety Assessment Program; rules

As used in this section, “emergency” has the meaning given that term in ORS 401.025. The State Fire Marshal shall develop and administer a statewide program, as described in this section, to evaluate the condition of buildings after an emergency and determine whether the buildings may be safely occupied. The program shall be known as the Oregon Safety Asses…

401.257 [2007 c.740 §2; 2009 c.718 §35; renumbered 401.052 in 2009]

401.259 [2007 c.740 §8; 2009 c.595 §224; renumbered 401.054 in 2009]

401.260 [1983 c.586 §10; 1993 c.187 §4; repealed by 2007 c.740 §42]

401.261 [2007 c.740 §3; renumbered 401.062 in 2009]

401.263 [2007 c.740 §4; renumbered 401.072 in 2009]

401.265 [2007 c.740 §5; renumbered 401.076 in 2009]

401.267 [2007 c.740 §6; renumbered 401.082 in 2009]

401.269 [2007 c.740 §7; renumbered 401.088 in 2009]

401.270 [1983 c.586 §11; 1993 c.187 §5; 2003 c.556 §2; 2005 c.526 §10; 2005 c.813 §3; 2005 c.825 §10; 2007 c.740 §22; 2009 c.718 §42; renumbered 401.092 in 2009]

401.271 [2007 c.98 §1; renumbered 401.975 in 2009]

401.272 [2007 c.98 §3; 2009 c.718 §30; renumbered 401.977 in 2009]

401.273 [2007 c.98 §4; renumbered 404.350 in 2009]

401.274 [2007 c.98 §5; 2009 c.718 §31; renumbered 401.978 in 2009]

401.275 [1993 c.187 §8; 2007 c.740 §23; 2009 c.718 §36; renumbered 401.094 in 2009]

401.280 [1983 c.586 §22; 1993 c.187 §6; 2007 c.740 §24; 2008 c.18 §8; renumbered 401.096 in 2009]

401.282 [2005 c.526 §1; renumbered 403.400 in 2009]

401.284 [2005 c.526 §3; renumbered 403.405 in 2009]

401.286 [2005 c.526 §4; renumbered 403.410 in 2009]

401.288 [2005 c.526 §5; renumbered 403.415 in 2009]

401.290 [2005 c.526 §6; renumbered 403.420 in 2009]

401.292 [2005 c.526 §7; renumbered 403.425 in 2009]

401.294 [2005 c.526 §8; renumbered 403.430 in 2009]

401.296 [2005 c.526 §9; renumbered 403.435 in 2009]

401.300 [2005 c.813 §2; 2007 c.740 §25; 2009 c.595 §225; renumbered 401.910 in 2009]

EMERGENCY MANAGEMENT BY CITIES, COUNTIES AND TRIBAL GOVERNMENTS (Emergency Management Agency)

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

As used in this section, “tribal government” means a federally recognized sovereign tribal government operating within the borders of this state or an intertribal organization formed by two or more federally recognized sovereign tribal governments operating within this state. Each county of this state shall, and each city or tribal government may, establish…

401.307 Emergency management agency appropriation; tax levy

Each county and city may make appropriations, in the manner provided by law for making appropriations for the expenses of the county or city, for the payment of expenses of its emergency management agency and may levy taxes upon the taxable property within the county or city. An appropriation made under subsection (1) of this section shall be budgeted so th…

401.309 Declaration of state of emergency by city or county; procedures; mandatory evacuations

The governing body of a city or county in this state may declare, by ordinance or resolution, that a state of emergency exists within the city or county. The ordinance or resolution must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence. A …

401.310 [Amended by 1953 c.394 §10; 1969 c.80 §12; repealed by 1983 c.586 §49]

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

In carrying out the provisions of this chapter, counties or cities may enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from an emergency or major disaster. A county shall assess whether an emergency exists.

401.320 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.325 [1983 c.586 §14; renumbered 401.307 in 2009]

401.330 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

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

Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into arrangements necessary to prepare or equip such sites to utilize the housing units.

401.337 [1991 c.956 §2; 1993 c.187 §10; 1995 c.511 §1; 1997 c.520 §§1,1a; 2007 c.740 §26; renumbered 401.915 in 2009]

401.340 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

(Local Programs for Private Building Inspections)

401.341 Building inspections by private qualified professionals; rules

Local governments may enact local programs under which owners of buildings may, prior to an emergency, enter into agreements with private qualified professionals to conduct building inspections following an emergency to determine whether buildings may be safely occupied. A local program enacted under this section must: Require that owners of buildings rece…

401.343 [1991 c.956 §4; 1997 c.520 §2; 2005 c.813 §4; renumbered 401.918 in 2009]

401.345 [1991 c.956 §§5,6,7; 1995 c.511 §2; 1997 c.520 §3; renumbered 401.920 in 2009]

401.347 [1991 c.956 §8; 2007 c.740 §27; 2009 c.595 §226; renumbered 401.922 in 2009]

401.350 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.353 [1991 c.956 §9; renumbered 401.925 in 2009]

401.355 [Formerly 401.200; repealed by 2009 c.718 §6]

EMERGENCY SERVICE VOLUNTEERS

401.358 Definitions for ORS 401.358 to 401.368

As used in ORS 401.358 to 401.368: “Emergency service activities” means: The provision of emergency services; and Engaging in training under the direction of a public body, whether by reason of the training being conducted or approved by a public body, for the purpose of preparing qualified emergency service volunteers to perform emergency services. “Qua…

401.360 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.362 Application

ORS 401.358 to 401.368 apply only to a qualified emergency service volunteer who is performing emergency service activities under the direction of a public body without compensation from the public body other than reimbursement for food, lodging, costs of transportation and other expenses.

401.364 Coverage under Oregon Tort Claims Act

A qualified emergency service volunteer is an agent of a public body under ORS 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties if the acts or omissions occur: While the volunteer is performing emergency service activities under the direction of the public body during a st…

401.365 [Formerly 401.205; repealed by 2009 c.718 §6]

401.368 Workers’ compensation benefits

The Oregon Department of Emergency Management shall provide workers’ compensation coverage for qualified emergency service volunteers who are injured in the course and scope of performing emergency service activities under the direction of a public body if the injury occurs: While the volunteer is performing emergency service activities under the direction …

401.370 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.375 [Formerly 401.210; repealed by 2009 c.718 §6]

401.378 Leaves of absence for disaster relief or recovery volunteers; requirements; maximum period; effect on status of employees

State agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence to any public employee who volunteers to participate in disaster relief or recovery services in the State of Oregon. Cumulative leave granted shall not exceed 15 work days in any 12-month period. Such leave granted shall not result in a loss of compensat…

401.380 [1953 c.394 §8; 1959 c.403 §1; 1983 c.586 §39; renumbered 401.535]

401.385 [Formerly 401.215; 1989 c.361 §9; 1993 c.187 §11; repealed by 2009 c.718 §6]

401.395 [Formerly 401.220; 1993 c.187 §12; 2007 c.70 §157; repealed by 2009 c.718 §6]

401.405 [Formerly 401.225; repealed by 2009 c.718 §6]

401.410 [1967 c.480 §1; repealed by 1983 c.586 §49]

401.415 [Formerly 401.230; repealed by 2009 c.718 §6]

401.420 [1967 c.480 §2; repealed by 1983 c.586 §49]

401.425 [Formerly 401.235; 1993 c.187 §13; 2007 c.740 §28; repealed by 2009 c.718 §6]

401.430 [1967 c.480 §3; repealed by 1983 c.586 §49]

401.435 [Formerly 401.240; 1993 c.187 §14; repealed by 2009 c.718 §6]

401.440 [1967 c.480 §4; repealed by 1983 c.586 §49]

401.445 [Formerly 401.245; 1993 c.187 §15; 2007 c.740 §29; repealed by 2009 c.718 §6]

401.450 [1967 c.480 §5; repealed by 1983 c.586 §49]

401.455 [Formerly 401.250; repealed by 2009 c.718 §6]

401.460 [1967 c.480 §6; repealed by 1983 c.586 §49]

401.465 [Formerly 401.255; 1993 c.187 §16; repealed by 2009 c.718 §6]

401.470 [1967 c.480 §7; repealed by 1983 c.586 §49]

401.480 [1983 c.586 §15; renumbered 402.010 in 2009]

401.485 [1995 c.70 §1; renumbered 401.378 in 2009]

401.490 [1983 c.586 §16; 2009 c.718 §45; renumbered 402.015 in 2009]

401.500 [1983 c.586 §17; renumbered 402.020 in 2009]

FUNDING OF EMERGENCY SERVICES

401.505 Acceptance of aid for emergency services

Whenever any organization, agency, person, firm, corporation or officer thereof offers to the state or to any county or city, services, equipment, supplies, material or funds by way of gift, grant or loan for purposes of emergency program management or emergency services, the state, acting through the Governor, or the county or city, acting through its execu…

401.510 [Repealed by 1983 c.586 §49]

401.515 [1983 c.586 §20; 2005 c.825 §12; repealed by 2009 c.718 §6]

401.520 [Repealed by 1983 c.586 §49]

401.525 Use of moneys and property for emergency services authorized

The expenditure of necessary money and use of state property by any agency in performing duties in an emergency is authorized. Moneys so expended shall be deemed an administrative expense of the agency. If the Governor finds that funds regularly appropriated to state and local governments are not sufficient to cope with a particular emergency, the Governor …

401.530 [Amended by 1983 c.586 §39a; renumbered 401.115]

401.532 Oregon Pre-Disaster Mitigation Fund; rules

The Oregon Pre-Disaster Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys received from federal grants for pre-disaster mitigation efforts shall be deposited into the Oregon Pre-Disaster Mitigation Fund. Moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management to…

401.534 Oregon Disaster Response Fund; rules

The Oregon Disaster Response Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys received from federal grants for disaster response efforts shall be deposited into the Oregon Disaster Response Fund. Moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management to be used to: Help…

401.535 [Formerly 401.380; 1993 c.187 §17; 2005 c.755 §30; 2007 c.740 §30; repealed by 2008 c.18 §7]

401.536 Oregon Local Disaster Assistance Loan and Grant Account; Local Disaster Assistance Review Board; rules

The Oregon Local Disaster Assistance Loan and Grant Account is established as an account in the Oregon Disaster Response Fund. The account consists of moneys appropriated by the Legislative Assembly and any other moneys deposited into the account pursuant to law. Moneys in the account are continuously appropriated to the Oregon Department of Emergency Manag…

401.537 [1991 c.310 §4; renumbered 455.448 in 1995]

401.538 [2001 c.366 §1; renumbered 401.900 in 2009]

401.539 [1991 c.310 §5; renumbered 455.449 in 1995]

401.540 [Repealed by 1983 c.586 §49]

401.541 Oregon Disaster Response Assistance Matching Fund; rules

The Oregon Disaster Response Assistance Matching Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Disaster Response Assistance Matching Fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the fund are continuously appropriat…

401.543 [2001 c.366 §2; renumbered 401.902 in 2009]

401.546 [2001 c.366 §3; renumbered 401.904 in 2009]

401.550 [1983 c.586 §23; 1993 c.18 §93; 2009 c.718 §25; renumbered 404.100 in 2009]

401.551 Emergency preparedness equipment grant program; rules

As used in this section: “Emergency” has the meaning given that term in ORS 401.025. “Maintain” means to repair, perform upkeep on and otherwise keep in good working condition. “Preparedness equipment” means equipment, vehicles or other personal property that: May be used to decrease the risk to life and property resulting from an emergency; and Qualifi…

401.552 Resiliency Grant Fund

The Resiliency Grant Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Resiliency Grant Fund must be credited to the fund. The Resiliency Grant Fund consists of moneys deposited in the fund under ORS 401.551 and may include moneys appropriated, allocated, deposited or transferred to the fund by the…

401.555 [Formerly 835.075; 2007 c.740 §31; renumbered 404.105 in 2009]

401.560 [1983 c.586 §25; 1993 c.187 §18; 2007 c.530 §1; 2009 c.718 §21; renumbered 404.110 in 2009]

401.570 [1983 c.586 §24; 1993 c.187 §19; 2009 c.718 §22; renumbered 404.115 in 2009]

401.573 [1985 c.470 §2; 1993 c.18 §94; 1993 c.187 §20; 2007 c.530 §2; renumbered 404.120 in 2009]

401.576 [1985 c.470 §3; 1993 c.187 §21; 2007 c.530 §3; renumbered 404.125 in 2009]

401.580 [1983 c.586 §26; 1993 c.187 §22; 2009 c.718 §46; renumbered 404.130 in 2009]

401.582 [2007 c.530 §4; renumbered 404.135 in 2009]

401.584 [2007 c.530 §5; renumbered 404.250 in 2009]

401.590 [1995 c.570 §1; 2009 c.718 §33; renumbered 404.270 in 2009]

401.600 [1975 c.624 §4; repealed by 1983 c.586 §49]

401.605 [1987 c.915 §1; 1993 c.18 §95; renumbered 404.300 in 2009]

401.610 [1975 c.624 §5; repealed by 1983 c.586 §49]

401.615 [1987 c.915 §2; renumbered 404.305 in 2009]

401.620 [1975 c.624 §6; renumbered 401.335]

401.625 [1987 c.915 §4; renumbered 404.310 in 2009]

401.627 [1987 c.915 §3; 2007 c.530 §8; renumbered 404.315 in 2009]

401.630 [1975 c.624 §7; renumbered 401.125]

401.635 [1987 c.915 §5; 1993 c.18 §96; repealed by 2007 c.530 §7]

401.638 [2005 c.651 §1; renumbered 401.930 in 2009]

401.639 [2005 c.651 §2; renumbered 401.932 in 2009]

401.640 [1975 c.624 §11; renumbered 401.135]

401.641 [2005 c.651 §3; 2009 c.718 §47; renumbered 401.935 in 2009]

401.643 [2005 c.651 §4; renumbered 401.938 in 2009]

401.645 [2005 c.651 §5; renumbered 401.940 in 2009]

401.650 [1975 c.624 §§8,9,10; renumbered 401.145]

EMERGENCY AND VOLUNTEER HEALTH CARE SERVICES

401.651 Definitions for ORS 401.651 to 401.670

As used in ORS 401.651 to 401.670: “Health care facility” means a health care facility as defined in ORS 442.015 that has been licensed under ORS chapter 441. “Health care provider” means an individual licensed, certified or otherwise authorized or permitted by the laws of this state or another state to administer health care services in the ordinary cours…

401.654 Health care volunteer registry; rules

The Oregon Health Authority may establish a volunteer registry that includes health care providers and support and administrative personnel who are available to provide health care, public health and supportive services on a voluntary basis. As a condition of inclusion in the registry, the authority may require: Training related to the provision of health c…

401.655 Practice by out-of-state health care provider during emergency

During a state of emergency declared under ORS 401.165 or a state of public health emergency declared under ORS 433.441, a health care provider who is licensed, certified or otherwise authorized or permitted by the laws of another state to administer health care services and who is registered under ORS 401.654 may administer health care services in this stat…

401.656 Provision of health care services by members of Oregon National Guard during emergency

When the Governor declares a state of emergency under ORS 401.165 or a public health emergency under ORS 433.441, the Governor, as part of the declaration of emergency, may authorize members of the Oregon National Guard on state active duty or Title 32 orders to provide health care services in Oregon without being subject to the Oregon licensing requirements…

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

The Oregon Health Authority may designate all or part of a health care facility or other location as an emergency health care center. If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, emergency health care centers may be used for: Evaluation and referral of individuals affected…

401.658 Provision of health care services by former health care provider during emergency; rules

The Oregon Health Authority may include in the registry established under ORS 401.654 a person who was previously licensed, certified or otherwise authorized to provide health care services in Oregon by a health professional regulatory board if: The person was licensed, certified or otherwise authorized to provide health care services not more than 10 years…

401.660 [1975 c.624 §12; 1983 c.586 §40; renumbered 401.155]

401.661 Provision of services by registered volunteers

The Oregon Health Authority, in conjunction with the Department of Human Services for facilities licensed by the department, may direct individuals registered under ORS 401.654 who are willing to provide volunteer services to proceed to any place in this state where such services are required. Pursuant to the Emergency Management Assistance Compact and the …

401.664 Emergency operations plan; credentialing plans

Individuals registered under ORS 401.654 and health care providers who volunteer to perform services under ORS 401.651 to 401.670 must provide those services in accordance with the emergency operations plan and credentialing plan adopted by the emergency health care center or the health care facility at which the services are rendered. An emergency health c…

401.667 Coverage under Oregon Tort Claims Act

Individuals registered under ORS 401.654 and health care providers who volunteer to perform health care services under ORS 401.661 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.661 pursuant to directions from a public body and that are within the course and scope of t…

401.670 Rules

The Oregon Health Authority shall adopt all rules necessary for the implementation of ORS 401.651 to 401.670. DISASTER OR EMERGENCY RELATED WORK CONDUCTED BY OUT-OF-STATE BUSINESSES

401.680 Legislative findings

The Legislative Assembly finds that: During times of storm, flood, fire, earthquake, hurricane or other disaster or emergency, many businesses bring resources, property and personnel from other states throughout the United States into Oregon on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring and repairing dam…

401.685 Definitions

As used in ORS 401.685 to 401.695: “Critical infrastructure” means property and equipment owned or used by communications networks, electric generation, transmission and distribution systems, gas distribution systems, water pipelines and related support facilities that service multiple customers or citizens, including real and personal property such as buil…

401.690 Exemption from certain taxes, registration and licensing requirements

Disaster or emergency related work conducted by an out-of-state business may not be used as the sole basis for: Notwithstanding ORS 317.018 and 317.080, a finding that the out-of-state business is doing business in this state; Imposition of the taxes imposed under ORS 314.725 or ORS chapter 316 or 317; Notwithstanding ORS 60.704, 63.704, 65.704, 67.705 an…

401.695 Reporting by registered business to Oregon Department of Administrative Services

A registered business that requests services of an out-of-state business that enters this state pursuant to ORS 401.685 to 401.695 shall provide to the Oregon Department of Administrative Services a statement that the out-of-state business entered or remained in this state for purposes of responding to a disaster or emergency. The registered business shall p…

401.706 [2003 c.556 §1; 2009 c.203 §1; renumbered 403.100 in 2009]

401.710 [1981 c.533 §1; 1987 c.447 §125; 1987 c.525 §5; 1987 c.671 §15; 1989 c.793 §2; 1991 c.743 §1; 1993 c.187 §23; 1995 c.276 §1; 1999 c.1093 §13; 2007 c.70 §158; 2007 c.740 §32; 2009 c.203 §2; renumbered 403.105 in 2009]

401.715 [1989 c.793 §5; 1991 c.743 §2; 2009 c.203 §3; renumbered 403.110 in 2009]

401.720 [1981 c.533 §2; 1989 c.793 §8; 1991 c.743 §3; 1999 c.241 §1; 2009 c.203 §4; renumbered 403.115 in 2009]

401.730 [1981 c.533 §3; 1989 c.793 §9; 1991 c.743 §4; 2009 c.203 §5; renumbered 403.120 in 2009]

401.733 [1991 c.743 §24; 1993 c.808 §5; repealed by 1995 c.79 §205]

401.735 [1989 c.793 §9a; 1991 c.742 §12; repealed by 2009 c.203 §37]

401.740 [1981 c.533 §4; repealed by 1989 c.793 §17]

401.750 [1981 c.533 §5; 1987 c.447 §127; repealed by 1989 c.793 §17]

401.755 [1989 c.793 §4; 1991 c.743 §8; 2009 c.203 §7; renumbered 403.130 in 2009]

401.760 [1981 c.533 §6; 1989 c.793 §10; repealed by 1991 c.743 §22]

401.765 [1991 c.751 §2; 1999 c.1093 §14; 2003 c.382 §1; 2009 c.203 §8; renumbered 403.135 in 2009]

401.770 [1981 c.533 §7; 1985 c.633 §6; 1989 c.793 §11; 2009 c.203 §9; renumbered 403.140 in 2009]

401.773 [1989 c.793 §6; 1995 c.276 §11; 2007 c.70 §159; 2009 c.203 §10; renumbered 403.145 in 2009]

401.775 [1989 c.793 §7; 1991 c.743 §10; 2009 c.203 §11; renumbered 403.150 in 2009]

401.780 [1981 c.533 §8; 1989 c.793 §12; 1991 c.743 §11; 2009 c.203 §12; renumbered 403.155 in 2009]

401.785 [1991 c.743 §9; 1995 c.781 §42; 2003 c.598 §43; 2007 c.740 §33; 2009 c.203 §13; renumbered 403.160 in 2009]

401.790 [1981 c.533 §9; 1987 c.447 §128; 1989 c.793 §13; 2009 c.203 §14; renumbered 403.165 in 2009]

401.792 [1981 c.533 §10; 1989 c.793 §1; 1991 c.743 §12; 1993 c.808 §1; 1995 c.276 §2; 2001 c.740 §2; 2002 s.s.1 c.5 §1; 2009 c.203 §15; renumbered 403.200 in 2009]

401.794 [1981 c.533 §11; 1995 c.276 §3; renumbered 403.205 in 2009]

401.796 [1981 c.533 §12; 1991 c.743 §13; 1995 c.276 §4; renumbered 403.210 in 2009]

401.798 [1981 c.533 §13; 1991 c.743 §14; 1993 c.808 §2; 1995 c.276 §5; 2009 c.203 §16; renumbered 403.215 in 2009]

401.800 [1981 c.533 §14; 1982 s.s.1 c.16 §22; 1991 c.743 §15; 1993 c.808 §3; 1995 c.276 §6; 2009 c.203 §17; renumbered 403.220 in 2009]

401.802 [1981 c.533 §15; 1991 c.743 §16; 1995 c.276 §7; 2005 c.22 §268; 2009 c.203 §18; renumbered 403.225 in 2009]

401.804 [1981 c.533 §16; 1991 c.743 §17; 1995 c.276 §8; 1995 c.650 §53; 2009 c.203 §19; 2009 c.797 §7; renumbered 403.230 in 2009]

401.805 [1955 c.679 §1; 1967 c.595 §5; 1969 c.247 §3; 1975 c.379 §13; repealed by 1980 c.19 §6]

401.806 [1981 c.533 §17; 1991 c.743 §18; 1993 c.808 §4; 1995 c.276 §9; 2001 c.740 §2a; 2009 c.203 §20; 2009 c.885 §47; renumbered 403.235 in 2009]

401.807 [1987 c.671 §1; 1989 c.793 §21; renumbered 401.818 in 2003]

401.808 [1981 c.533 §18; 1987 c.218 §1; 1989 c.793 §14; 1991 c.743 §19; 1993 c.707 §11; 1995 c.276 §10; 2001 c.740 §2b; 2009 c.203 §21; 2009 c.758 §3; renumbered 403.240 in 2009]

401.810 [1955 c.679 §§2,3; repealed by 1980 c.19 §6]

401.812 [1987 c.671 §2; 1989 c.793 c.22; 1989 c.1063 §1; 1993 c.441 §1; renumbered 401.821 in 2003]

401.814 [1981 c.533 §20; 1989 c.793 §16; 1991 c.743 §21; 2001 c.740 §2c; 2009 c.203 §22; renumbered 403.245 in 2009]

401.815 [1955 c.679 §11; repealed by 1980 c.19 §6]

401.816 [2001 c.740 §6; renumbered 403.250 in 2009]

401.817 [1987 c.671 §5; renumbered 401.823 in 2003]

401.818 [Formerly 401.807; renumbered 403.300 in 2009]

401.820 [1955 c.679 §5; 1980 c.19 §3; renumbered 401.210]

401.821 [Formerly 401.812; 2009 c.203 §23; renumbered 403.305 in 2009]

401.822 [1987 c.671 §3; 1989 c.1063 §2; renumbered 403.310 in 2009]

401.823 [Formerly 401.817; renumbered 403.315 in 2009]

401.825 [1955 c.679 §18; 1967 c.595 §6; repealed by 1980 c.19 §6]

401.827 [1987 c.671 §6; 2009 c.203 §24; renumbered 403.320 in 2009]

401.830 [1955 c.679 §20; 1967 c.595 §7; 1980 c.19 §4; renumbered 401.215]

401.832 [1987 c.671 §4; 1989 c.1063 §3; 2009 c.203 §25; renumbered 403.325 in 2009]

401.833 [1989 c.1063 §5; 2009 c.203 §26; renumbered 403.330 in 2009]

401.834 [1989 c.1063 §6; 2009 c.203 §27; renumbered 403.335 in 2009]

401.835 [1955 c.679 §4; 1957 c.353 §1; 1973 c.466 §1; repealed by 1980 c.19 §6]

401.836 [1989 c.1063 §7; 2009 c.203 §28; renumbered 403.340 in 2009]

401.837 [1987 c.671 §7; renumbered 401.857]

401.838 [1989 c.1063 §8; 2009 c.203 §29; renumbered 403.345 in 2009]

401.839 [1989 c.1063 §9; 1995 c.79 §206; 1995 c.534 §17; 2009 c.203 §30; renumbered 403.350 in 2009]

401.840 [1955 c.679 §9; repealed by 1980 c.19 §6]

401.841 [1989 c.1063 §10; 2009 c.203 §31; renumbered 403.355 in 2009]

401.842 [1987 c.671 §8; 1989 c.793 §23; 2001 c.104 §139; 2003 c.802 §111; 2009 c.203 §32; renumbered 403.360 in 2009]

401.844 [1995 c.333 §36; 2007 c.783 §180; 2009 c.203 §33; renumbered 403.365 in 2009]

401.845 [1955 c.679 §10; repealed by 1980 c.19 §6]

401.847 [1987 c.671 §9; 1991 c.459 §396; 1995 c.333 §33; 2009 c.203 §34; renumbered 403.370 in 2009]

401.850 [1955 c.679 §§6,7; 1965 c.285 §80; repealed by 1980 c.19 §6]

WILDFIRE

401.851 Wildfire planning and coordination

The Oregon Department of Emergency Management shall update its statewide emergency plan as necessary to prepare for or respond to wildfire emergencies on an area-wide or statewide basis. The plan developed by the department to prepare for or respond to wildfire emergencies shall include, but need not be limited to, wildfire risk mitigation efforts and evacua…

401.852 [1989 c.1063 §11; 2001 c.138 §26; renumbered 403.375 in 2009]

401.855 [1955 c.679 §17; repealed by 1980 c.19 §6]

401.857 [Formerly 401.837; 2009 c.203 §36; renumbered 403.380 in 2009]

401.860 [1955 c.679 §8; repealed by 1980 c.19 §6]

401.861 [2005 c.819 §1; renumbered 401.950 in 2009]

401.863 [2005 c.819 §2; renumbered 401.952 in 2009]

401.864 [2005 c.819 §4; renumbered 401.955 in 2009]

401.865 [1955 c.679 §12; 1967 c.335 §48; 1967 c.637 §§9,9a; repealed by 1980 c.19 §6]

401.870 [1955 c.679 §15; repealed by 1980 c.19 §6]

401.871 [2005 c.825 §3; 2007 c.740 §34; 2009 c.454 §1; 2009 c.595 §232; renumbered 403.450 in 2009]

401.872 [2005 c.825 §4; 2007 c.740 §35; renumbered 403.455 in 2009]

401.874 [2005 c.825 §5; 2007 c.740 §36; renumbered 403.460 in 2009]

401.875 [1955 c.679 §21; repealed by 1980 c.19 §6]

401.880 [1955 c.679 §19; repealed by 1980 c.19 §6]

401.881 [2005 c.825 §8; renumbered 401.109 in 2009]

401.885 [1955 c.679 §16; repealed by 1980 c.19 §6]

401.890 [1955 c.679 §14; repealed by 1980 c.19 §6]

EARTHQUAKES (Drills)

401.900 State and local agency earthquake drills; rules

Each state or local agency shall drill agency employees working in office buildings on emergency procedures so that the employees may respond to an earthquake emergency without confusion or panic. The state or local agency shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules. The drills must include familiari…

401.902 Private employer earthquake drills; exemptions; rules

A person employing 250 or more full-time employees within this state shall drill employees working in office buildings on emergency procedures so that the employees may respond to an earthquake emergency without confusion or panic. The person shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules. The drills mu…

401.904 Rules

The Oregon Department of Emergency Management, in consultation with the State Department of Geology and Mineral Industries, shall adopt rules governing the conduct of earthquake emergency drills required by ORS 401.900 and 401.902. In addition to the Oregon Department of Emergency Management submitting the rules for publication pursuant to ORS 183.360, the d…

401.910 Grant program for seismic rehabilitation of certain facilities; rules

The Oregon Business Development Department shall develop a grant program for the disbursement of funds for the seismic rehabilitation of critical public buildings, including hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district or municipal law enforcement …

401.913 State Resilience Officer; duties; monitoring of resilience planning by legislative and judicial branches

The office of State Resilience Officer is created in the office of the Governor. The office of State Resilience Officer shall direct, implement and coordinate hazard safety and resilience goal setting and state agency planning and preparation to improve hazard safety and resilience, including but not limited to planning and preparation for safety and resilie…

401.915 Seismic Safety Policy Advisory Commission; members; term

There is established a Seismic Safety Policy Advisory Commission consisting of the following members: The chief officer or the chief officer’s designee of the following: Department of Consumer and Business Services; State Department of Geology and Mineral Industries; Department of Land Conservation and Development; Department of Transportation; and Ore…

401.918 Mission of commission

The mission of the Seismic Safety Policy Advisory Commission shall be to reduce exposure to earthquake hazards in Oregon by: Developing and influencing policy at the federal, state and local levels; Facilitating improved public understanding and encouraging identification of risk; Supporting research and special studies; Supporting appropriate mitigation…

401.920 Officers; quorum; meetings; compensation and expenses

The Seismic Safety Policy Advisory Commission shall select one of its members as chairperson and another as vice chairperson, for two-year terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines. A majority of the members of the commission constitutes a quorum for the transaction of busine…

401.922 Support services

The Oregon Department of Emergency Management shall provide technical, clerical and other necessary support services to the Seismic Safety Policy Advisory Commission. The Department of Consumer and Business Services, the State Department of Geology and Mineral Industries, the Department of Land Conservation and Development, the Department of Transportation, …

401.925 Advisory and technical committees; expense reimbursement

To aid and advise the Seismic Safety Policy Advisory Commission in the performance of its functions, the commission may establish such advisory and technical committees as it considers necessary. These committees may be continuing or temporary. The commission shall determine the representation, membership, terms and organization of the committees and shall a…

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

The Governor may assign and make available for use and duty in any county, city or district, under the direction and command of the State Fire Marshal or a designee of the State Fire Marshal, any personnel or equipment resources of a county, city or district for the purpose of responding to the structural collapse, or the threat of imminent structural collap…

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

If county, city or district personnel are assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district, the personnel have the same powers, duties, rights, privileges and immunities as they have when performing their duties in the county, city or district in which they a…

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

If county, city or district equipment is assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district, the state: Is liable for any resulting loss of, or damage to, the equipment. Shall pay any expense incurred by the responding county, city or district for transportat…

401.938 Liability for expenses incurred using local personnel

If county, city or district personnel are assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district and the response prevents the personnel from performing their duties in the county, city or district in which the personnel are normally employed, the state shall reimb…

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

Personnel assigned under ORS 401.930, the state or a county, city or district is not liable for any injury to person or property resulting from the performance of any duty under ORS 401.930 or an assignment, use or response under ORS 401.930. However, this section does not confer immunity from liability for injury to person or property resulting from intenti…

401.950 Definitions; tsunami warning information; rules

As used in this section: “Transient lodging facility” means a hotel, motel, inn, condominium, any other dwelling unit or a public or private park that is made available for transient occupancy or vacation occupancy as those terms are defined in ORS 90.100. “Tsunami inundation zone” means an area of expected tsunami inundation, based on scientific evidence …

401.952 Uniform tsunami warning signal; rules

The Oregon Department of Emergency Management, in consultation with the State Department of Geology and Mineral Industries, shall establish by rule a uniform tsunami warning signal, including rules specifying the type, duration and volume of the warning signal and the location of warning signal delivery devices, for use on the Oregon coast. The Oregon Depar…

401.955 Contributions to finance tsunami warning system

The Oregon Department of Emergency Management or the State Department of Geology and Mineral Industries may seek and accept gifts, grants and donations from any source to finance all or part of the duties assigned under ORS 401.950 and 401.952. Note: See note under 401.950. ABNORMAL DISRUPTION OF MARKET

401.960 Definitions for ORS 401.960, 401.962, 401.965 and 401.970

For the purposes of this section and ORS 401.962, 401.965 and 401.970: “Abnormal disruption of the market” means any emergency that prevents ready availability of essential consumer goods or services. “Essential consumer goods or services” means goods or services that: Are or may be bought or acquired primarily for personal, family or household purposes, …

401.962 Legislative findings

The Legislative Assembly finds that during an abnormal disruption of the market, some merchants and wholesalers have taken unconscionable advantage of consumers by charging grossly excessive prices for essential consumer goods and services. To prevent merchants and wholesalers from taking unconscionable advantage of consumers during an abnormal disruption o…

401.965 Abnormal disruption of market

As used in subsections (1) to (4) of this section, the terms “merchant” and “wholesaler” do not include a public body as that term is defined in ORS 174.109, a public utility as defined in ORS 757.005 (1)(a)(A) or an electric utility as defined in ORS 757.600. A merchant or wholesaler may not sell or offer to sell essential consumer goods or services for an…

401.970 Applicability of remedies

The remedies provided in ORS 401.965 (1) to (4) and in the amendments to ORS 646.607 by section 6, chapter 223, Oregon Laws 2007, are in addition to any other remedies that may exist under the law. ANIMAL RESCUE

401.975 Legislative findings

The Legislative Assembly finds that: During an evacuation after a major disaster or an emergency, many pet owners are reluctant to leave their pets and are willing to risk their lives to protect their pets. Animals are important to their owners and the presence of an animal brings comfort to an owner and may enhance recovery for an owner distressed over in…

401.977 Animal emergency operations plan

As used in this section: “Companion animal” means a domestic animal commonly kept as a household pet. “Service animal” means an animal that assists or performs tasks for a person with a sensory, emotional, mental or physical disability. The State Department of Agriculture, in cooperation with the Oregon Department of Emergency Management, the Department o…

401.978 Livestock emergency operations plan

As used in this section, “livestock” means cattle, horses, sheep and any other animals designated by the State Department of Agriculture. The State Department of Agriculture, in cooperation with the Oregon Department of Emergency Management and local governments, shall prepare a written livestock emergency operations plan that provides for the evacuation, t…

401.980 Access to disaster sites by news media representatives

Notwithstanding the provisions of any law, rule, ordinance, policy or order to the contrary, any official of a public body, as defined in ORS 174.109, must grant credentialed or documented representatives of news media organizations access to scenes of wildfires or natural disasters on public lands that are otherwise closed to the public. Access by news med…

401.981 Committee to establish guidelines

The Oregon Department of Emergency Management shall convene a committee composed of equal numbers of news media and public safety agency stakeholders to develop the following voluntary guidelines for implementing ORS 401.980. Recommendations for essential elements of basic fire and natural disaster site safety training for news media representatives that sa…

401.990 Penalties

Any person knowingly violating any provision of this chapter, or any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor. _______________