Title 38 — PROTECTION FROM FIRE
As used in this chapter, unless the context requires otherwise: “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. “Governmental subdivisions” means a city, county or rural fire protection district in this s…
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. As used in ORS 476.030 and other laws relating to the duties of the State Fire Marshal, “governmental subdivision” means a city, county, mun…
The Department of the State Fire Marshal is established. The department is under the supervision and control of the State Fire Marshal. The Governor shall appoint the State Fire Marshal, who holds the office at the pleasure of the Governor. The appointment of the State Fire Marshal is subject to confirmation by the Senate in the manner prescribed by ORS 171…
The State Fire Marshal shall enforce all statutes, and make rules relating to: The prevention of fires. The storage and use of combustibles and explosives. 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, asylum…
As used in this section: “Adult foster home” has the meaning given that term in ORS 443.705. “Area agency” has the meaning given that term in ORS 410.040. “Community developmental disabilities program” means a program established under ORS 430.620 (1)(a). “Community mental health program” means a program established under ORS 430.620 (1)(b). The State F…
The State Fire Marshal may: Establish headquarters and regional offices of the Department of the State Fire Marshal at places the State Fire Marshal considers advisable for the protection of this state; Operate, and authorize chief deputy state fire marshals, deputy state fire marshals and assistants of the department to own and operate, emergency response…
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 …
The State Fire Marshal shall appoint chief deputy state fire marshals 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 and 479.168 to 479.190. The State Fire Marshal may also employ such other assistants and employees and incur such other…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of the State Fire Marshal may require the fingerprints of a person who: Is employed or applying for employment by the department; or Provides or seeks to provide services to the department as a contractor, subcontractor, vendor or volunteer.
The salary of the chief deputy state fire marshals and deputy state fire marshals, compensation of clerks and other assistants and other expenses of the Department of the 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 stat…
All moneys received by the Department of 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 and 476.565. Except as otherwise provided by this section, moneys in the State Fire…
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 vi…
The State Fire Marshal, the deputies or assistants of the State Fire Marshal, or any of them, may: 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. For just cause and for the p…
The Department of 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 othe…
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.
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. 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…
Each regional appeal advisory board shall: 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. Consider, and make recommendations to the State Fire Marshal concerning, any application for adjustment or variance arising within that region and r…
The Department of the State Fire Marshal shall: Adopt a base fire prevention code, identified as the Oregon Fire Code; Keep the base fire prevention code on file at the state headquarters; and Make a copy of the base fire prevention code publicly available electronically. If a fire district adopts a fire prevention code that contains provisions in additi…
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 recommen…
The Department of the State Fire Marshal shall provide department employees with standard uniforms, response apparatus, motor vehicles and all other emergency supplies and equipment necessary to carry out the duties of the department. The Oregon Department of Administrative Services may sell, transfer, recycle or otherwise dispose of surplus, obsolete or un…
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 Department of the State Fire Marshal and sold at a price not to exceed cost of printin…
The Department of the State Fire Marshal shall increase the department’s wildfire readiness and response capacity to the extent the department receives funding for the increase, by means including: Increasing fire prevention and response personnel and fire administrative support personnel to address planning, communications, training, deployment and safety.…
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. No person shall interfere with or prevent any such insp…
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 …
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 investig…
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. 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 …
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. An inspec…
If the State Fire Marshal or a deputy or assistant of the State Fire Marshal, or a person acting for a governmental subdivision described in ORS 476.030, inspects a structure under this chapter and issues a citation or order for nonconformity with a federal, state or local fire safety standard, the citation or order must include: An exact reference to the l…
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 res…
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 Depa…
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 whic…
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 wi…
The district attorney may at the discretion of the district attorney, upon the application of the State Fire Marshal or a 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 o…
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.
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 Department 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 t…
Under instructions from the State Fire Marshal as to the exercise of state authority, for the purpose of preserving evidence and investigating liability for the actual cost, as defined in ORS 476.276, of a fire, a deputy state fire marshal may: Secure the fire origin area at any time; and Control, restrict or prohibit access to the fire origin area by unau…
At the request of the State Fire Marshal, for the purpose of investigating liability for the actual cost, as defined in ORS 476.276, of a fire, the Attorney General may administer oaths and affirmations, take testimony or depositions and by subpoena compel: The attendance of witnesses; The production of documents, including but not limited to writings, dra…
As used in this section, “actual cost” means: Any costs incurred by the State Fire Marshal in controlling or extinguishing a fire under this chapter, including under ORS 476.510 to 476.610; and Any payments made by the State Fire Marshal as reimbursement for controlling or extinguishing the fire. If a person is willful, malicious or negligent in the origi…
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: 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 …
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 Department of the State Fire Marshal for such purposes, bill the owner of the property involved in the fire for the cost of providing the …
FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED Note: Section 32, chapter 581, Oregon Laws 2025, provides: Sec. 32. Classification of zone 1 lands as Class 3 lands. Lands that are classified under ORS 476.310 [repealed] as zone 1 lands immediately prior to the effective date of this 2025 Act [September 26, 2025] are classified as Class…
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 d…
DEFENSIBLE SPACE
As used in this section, “defensible space” means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur. The State Fire Marshal shall administer a community risk reduction progr…
The Community Risk Reduction Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Risk Reduction Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private …
The State Fire Marshal shall annually report regarding the status of State Fire Marshal and local government activities for carrying out ORS 476.392 to a committee or interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council. …
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 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 requ…
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 Depart…
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 ass…
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 p…
As used in this section: “Fire department” means any organization maintained for the purpose of preventing or combating fire. “PFAS firefighting foam” means a foam substance that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance and that is used to control or extinguish fire. Except as required by a regulation of the Federal Avia…
ORS 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 State Fire Marshal may exercise such authority, and if that individual is unavailable, a chief deputy state fire marshal may exercise such authority. Any orders, rules or regulations issued by the State Fire Marshal or a chief deputy state fire marshal p…
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 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 …
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 emp…
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 su…
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 …
The State Fire Marshal Mobilization Fund is established in the State Treasury, separate and distinct from the General Fund. The State Fire Marshal Mobilization Fund consists of moneys appropriated by the Legislative Assembly for deposit in the fund, grant funds received by the Department of the State Fire Marshal from the Federal Emergency Management Agency…
On or before March 31 of each odd-numbered year, the Department of the State Fire Marshal shall report to the Joint Committee on Ways and Means, or to the interim Joint Committee on Ways and Means, on: The amounts appropriated, allocated, deposited or transferred to the State Fire Marshal Mobilization Fund, from any source, on or after July 1 of the previou…
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 firefig…
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…
Any violation of ORS 476.574 by an employer is an unlawful employment practice. 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.…
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 Se…
The State Fire Marshal, in consultation with the Director of the Oregon Department of Emergency Management, 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.
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 a…
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.
As used in this section, “urban search and rescue” means the provision of technical rescue services involving location, extrication and initial medical stabilization of victims trapped in an urban area, including from structures or trenches collapsed due to natural disaster, war, terrorism or accidents. The Department of the State Fire Marshal shall coordin…
There is created the Governor’s Fire Service Policy Council. The council shall include the following nonvoting ex officio members: The Director of the Department of Public Safety Standards and Training, or a designee thereof. A designee of the Oregon Health Authority who is involved with administering the comprehensive emergency medical services and trauma…
The Governor’s Fire Service Policy Council shall provide a biennial report to the Governor on the council’s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities for improvement. Note: See note under 476.680. WILDFIRE PROGRAMS
The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor. The duties of the director shall include: Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021. Coordinating and integrating activities of state agencies and other entities that are required or authorized…
As used in this section: “Defensible space” means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur. “Wildland-urban interface” has the meaning given that term in ORS 477.0…
MISCELLANEOUS PROVISIONS
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 any structure or any timber or forest area except pursuant to rule, regulation or permit of or from the State Parks and Recreation Department.
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.
ORS 476.010 to 476.090, 476.155 to 476.170, 476.210 to 476.270, 476.990 (1)(a) and 479.168 to 479.190 are remedial in nature and shall be construed liberally.
The State Fire Marshal shall adopt rules establishing minimum standards for carbon monoxide alarms in one and two family dwellings and multifamily housing. The rules adopted by the State Fire Marshal may include, but need not be limited to, rules establishing minimum standards for the design, inspection, testing and maintenance of carbon monoxide alarms. Th…
The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness 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 …
As used in this section, “sky lantern” means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne. A person may not release a sky lantern into the airspace of this state. Violation of this section is a Class A violation. In addition to any enforcement officer s…
REDUCED IGNITION PROPENSITY CIGARETTES
As used in ORS 476.755 to 476.790 and 476.995: “Cigarette” means a roll for smoking: That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other nontobacco materials; and That, because of its appearance, the…
A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to have reduced ignition propensity. Cigarette packaging may not bear a marking or other device identifying the packaged cigarettes as having reduced ignition propensity other than a packaging marking approved…
The State Fire Marshal shall impose civil penalties under ORS 476.995 in the manner provided by ORS 183.745. The Attorney General may bring an action at the request of the Department of the State Fire Marshal, in the name of the state, seeking: Injunctive relief to prevent or end a violation of ORS 476.760; To recover civil penalties imposed under ORS 476…
For each variety of cigarette sold or proposed for sale in this state, the State Fire Marshal shall determine whether that variety of cigarette has reduced ignition propensity. Any cigarette variety certified by a manufacturer under ORS 476.780 shall be determined to have reduced ignition propensity. Except as provided in this section, ignition propensity …
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 designed to ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatability value of ignition propensity testing may not be greater than 0.19. Ignition pr…
A manufacturer shall submit a written certification attesting that each variety of cigarette listed in the certification has been subjected to ignition propensity testing described in ORS 476.770 and meets the fire safety performance standard described in ORS 476.770 (6). The certification shall provide the following information for each variety of cigarett…
A manufacturer shall place a single type of marking on all packaging for cigarettes of the manufacturer sold in this state to indicate that cigarettes of the manufacturer sold in this state meet the fire safety performance standard established in ORS 476.770 (6). A manufacturer shall submit to the State Fire Marshal a proposal for marking cigarette packagin…
A manufacturer selling cigarettes to a wholesale dealer in this state shall provide the wholesale dealer with a copy of the certification for those cigarettes submitted to the State Fire Marshal under ORS 476.780. The manufacturer shall also provide the wholesale dealer with copies of an illustration of the packaging marking required under ORS 476.785. The m…
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 persuasive authority in the interpretation of ORS 476.755 to 476.790 and 476.995. Note: See note under 476.755.
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 that imposes a cigarette fire safety performance standard that is at least as strict as the standard imposed under ORS 476.770. Note: See note under 476.755.
The Cigarette Fire Safety Fund is established in the State Treasury, separate and distinct from the General Fund. The Cigarette Fire Safety Fund shall consist of all moneys recovered from the imposition of civil penalties under ORS 476.995. Interest earned by the Cigarette Fire Safety Fund shall be credited to the fund. All moneys in the fund are continuous…
NOVELTY LIGHTERS
As used in ORS 476.831 to 476.856: “Audio effects” includes music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of the lighter. “Distribute” means to: Deliver to a person other than the purchaser; or Provide as part of a commercial promotion or as a prize or premium. “Importer” means a person…
The State Fire Marshal may adopt rules to identify lighters or classes or types of lighters that are novelty lighters. The novelty lighters identified by the State Fire Marshal may include, but need not be limited to, lighters of misleading design that resemble or imitate: Cartoon characters, figurines or action figures; Toys or game pieces; Musical instr…
A person may not sell, offer for sale or distribute a novelty lighter in this state. A person may not manufacture a novelty lighter in this state, or import a novelty lighter into this state, for the purpose of selling or distributing the novelty lighter within this state. A person may not possess a novelty lighter in inventory for the purpose of selling or …
The State Fire Marshal, or a representative of the State Fire Marshal, may conduct inspections to ensure compliance with ORS 476.841. The State Fire Marshal or representative may: Have access during reasonable business hours to facilities within this state used in the business of manufacturing, importing, distributing, selling or storing lighters; Inspect …
The State Fire Marshal may enter into agreements with any state or local agency to allow the agency to act as a representative of the State Fire Marshal for purposes of ORS 476.841 and 476.846. Note: See note under 476.831.
The Attorney General may bring an action at the request of the State Fire Marshal, in the name of the state, seeking: Injunctive relief to prevent or end a violation of ORS 476.841 or 476.846; To recover civil penalties imposed under ORS 476.841; To obtain access for inspections under ORS 476.846; or To recover attorney fees and other enforcement costs a…
FIRE PROTECTION EQUIPMENT LOAN FUND
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. Applications shall be submitted in such manner and shall contain or be accompanied …
The State Fire Marshal may approve an application for a fire protection equipment acquisition loan if the State Fire Marshal finds that: Moneys in the Fire Protection Equipment Loan Fund will be available therefor; and The application is for the acquisition of equipment determined by the State Fire Marshal to be necessary to provide adequate fire protectio…
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: The amount and purpose of the loan. A plan for repayment by the applicant to the Fire Protection Equipment L…
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. Note: See note under 476.900.
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 gove…
The Fire Protection Equipment Loan Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the Fire Protection Equipment Loan Fund are continuously appropriated to the Department of 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 credite…
The following are Class A misdemeanors: Violation of ORS 476.150 (2). Violation of ORS 476.380 (1) or 476.510 to 476.610. 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 a Class B misdemeanor. Violation of ORS 476.410 to 476.440 is a Class C mi…
The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed: For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater. For a person that distributes …