404.095 “Search and rescue” not to include urban search and rescue
As used in ORS 404.095 to 404.270, “search and rescue” does not include urban search and rescue, as defined in ORS 476.615.
Oregon Revised Statutes
Chapter 404 — Search and Rescue
27 sections404.100 Search and Rescue Coordinator; appointment; duties
The Director of the Oregon Department of Emergency Management shall appoint a Search and Rescue Coordinator to: Coordinate the search and rescue function of the Oregon Department of Emergency Management; Coordinate the activities of state and federal agencies involved in search and rescue; Establish liaison with the Oregon State Sheriffs’ Association and …
404.105 Program for air search and rescue
The Oregon Department of Emergency Management shall establish and maintain a program for the air search and rescue of lost aircraft and persons and for the air support of other emergency situations. The program established under this section may include, but is not limited to, the following: The formation of a volunteer air search and rescue organization an…
404.110 Search and rescue activities; responsibilities of sheriff; delegation of sheriff’s duties
The sheriff of each county has the responsibility for search and rescue activities within the county. The duty of a sheriff under this subsection may be delegated to a deputy or other qualified person. If the sheriff does not accept the responsibility for search and rescue activities, the chief executive of the county shall direct the county emergency progr…
404.115 Restriction of access to search and rescue area
The sheriff of each county, the person performing the sheriff’s duties under ORS 404.110 or duly assigned military or state police personnel may restrict access to a specific search and rescue area. No unauthorized person shall then enter into a restricted area or interfere with a search and rescue. Provision shall be made for reasonable access by members of…
404.120 County sheriff to adopt search and rescue plan; contents; annual review
The sheriff of each county shall adopt a search and rescue plan for the county. The search and rescue plan shall set forth search and rescue policies, including policies for implementation of multicounty search and rescue activities, for the county that comply with the relevant provisions of the National Incident Management System Incident Command System est…
404.125 Critique of search and rescue incident; filing amended search and rescue plan with Oregon Department of Emergency Management
After a search and rescue, the sheriff of the county in which the search and rescue took place shall conduct a critique of the incident: If, in the opinion of the sheriff, the critique would be useful; or Upon request from an individual directly involved in the incident. As part of the critique, the sheriff shall examine the search and rescue report and m…
404.130 Search and rescue incident number
An incident number shall be assigned to each search and rescue reported under ORS 404.110. The incident number assigned shall be referenced for: The payment of workers’ compensation benefits for those persons participating in search and rescue activities; and The dispatch and request for state, federal and cooperative assistance resources.
404.135 Investigative subpoena
If a peace officer has probable cause to believe that an individual is missing and in danger, the officer may request that the Attorney General, a district attorney or a city or county attorney execute in writing and cause to be served, in the manner provided by ORCP 7, an investigative subpoena as described in this section. If a person is unlikely to compl…
404.200 Definitions for ORS 404.200 to 404.215
As used in ORS 404.200 to 404.215: “Qualified search and rescue volunteer” means: A person who is registered with the Oregon Department of Emergency Management to conduct search and rescue activities; A person who is registered with a sheriff to conduct search and rescue activities; A member of a designated search and rescue organization that is register…
404.205 Application
ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteer who is performing search and rescue activities without compensation other than reimbursement for food, lodging, costs of transportation and other expenses. (Indemnification)
404.210 Coverage under Oregon Tort Claims Act
A qualified search and rescue volunteer is an agent of a county 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 and that occur while the volunteer is performing search and rescue activities under the direction of the sheriff of the county or the designee of the s…
404.215 Workers’ compensation coverage
A county is conclusively deemed to have filed an election under ORS 656.031 to provide workers’ compensation coverage for qualified search and rescue volunteers who: Perform search and rescue activities under the direction of the sheriff of the county or the designee of the sheriff; or Are sent by the sheriff of the county or the designee of the sheriff to…
404.250 Leave of absence from employment for search and rescue volunteer
As used in this section: “Employee” means an individual, other than a copartner of the employer or an independent contractor, who renders personal services in this state to an employer that pays or agrees to pay wages or other compensation to the individual for those services. “Employer” means a person who employs one or more employees in this state. “Empl…
404.255 Definitions
As used in ORS 404.255 to 404.265: “Immediate family” has the meaning given that term in ORS 163.730. “Private search party” means any person that: Participates or offers to participate in an effort to locate a missing person; Intends to charge a fee, request donations or profit from a production in connection with such efforts; Is not acting as an agen…
404.257 Required disclosures by private search parties
A private search party, before engaging in efforts to locate a missing person, shall disclose to an immediate family member of the missing person, verbally and in writing: That the private search party is not acting in connection with a governmental body; and The nature of the private search party’s involvement in the effort to locate the missing person. …
404.260 Required notification to county sheriff
Except as provided in subsection (4) of this section, at least 72 hours before engaging in efforts to locate a missing person, a private search party shall notify the sheriff of the county in which the efforts will take place. A notification under this section must include the following information: The name, residence address and contact information for t…
404.265 Imposition of civil penalties by county
A county may adopt an ordinance or resolution that imposes civil penalties for failure to comply with the provisions of ORS 404.255 to 404.265. REIMBURSEMENT BY BENEFITED PERSONS
404.270 Reimbursement of public body for search and rescue by benefited persons; amount; exceptions
A public body that has authority to conduct search and rescue activities may collect an amount specified in this section as reimbursement for the cost of search and rescue activities when the public body conducts search and rescue activities for the benefit of hikers, climbers, hunters and other users of wilderness areas or unpopulated forested or mountainou…
404.300 Definitions for ORS 404.300 to 404.315
As used in ORS 404.300 to 404.315: “Electronic signaling device” includes, but is not limited to, a system consisting of an instrument which emits a radio signal, designed to be carried on the person, an instrument for locating the source of such signal, designed to be utilized by searchers and such instruments as may be employed for testing and maintaining…
404.305 Assumption of risk of wilderness travel or mountain climbing; use and effect of electronic signaling devices
In accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an individual who engages in wilderness travel or mountain climbing accepts and assumes the inherent risks of wilderness travel or mountain climbing. The Legislative Assembly recognizes that the use of electronic signaling devices can aid in locating wilderness travelers or mountain climbers …
404.310 Required equipment when guiding children above timberline
A person who guides for compensation an organized group that includes children under 18 years of age on any mountain above the timberline must carry an altimeter, a contour map of the area and a compass.
404.315 Exemption from liability for electronic signaling device; exceptions
A person may not maintain an action against the manufacturer, distributor or supplier of an electronic signaling device for any loss or damage incurred during wilderness travel or mountain climbing, based on a claim that the device failed to function successfully unless the person shows that the failure resulted from: Willful or wanton misconduct of the def…
404.325 Posting of emergency contact telephone number
As used in this section: “Electronic signaling device” includes, but is not limited to: Electronic signaling devices, as defined in ORS 404.300; Emergency locator transmitters; Emergency Position Indicator Radio Beacon devices; and Wilderness personal locator beacons. “Facility” includes: Commercial and industrial facilities; Aircraft hangars, whethe…
404.350 Rescue of companion animal
A person engaged in search and rescue operations may make every practicable attempt under the circumstances to rescue a companion animal. This section does not impose liability on or expand liability of a person engaged in search and rescue operations. OUTDOOR RECREATION SEARCH AND RESCUE CARDS
404.400 Agreement for outdoor recreation search and rescue card program
The Oregon Department of Emergency Management may enter into an agreement with a nonprofit organization representing sheriffs in the State of Oregon under which the organization is authorized to establish and administer a program to produce and sell outdoor recreation search and rescue cards via authorized sellers. The purpose of the card program is to allo…
404.410 Requirements of program; search and rescue grants; reporting
An agreement between the Oregon Department of Emergency Management and a nonprofit organization under ORS 404.400 must provide for all of the following: The organization must design and produce cards to be sold to members of the public. The organization may hold itself out as operating the card program under the direction and oversight of the department an…