Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Board of directors” or “district board” means the governing body of a district. “County” means the county in which the district, or the greater portion of the taxable assessed value of the district, is located. “County board” means the county court or board of county commissioners of the cou…
There hereby is created a rural fire protection district territorially coterminous with each rural fire protection district existing on July 2, 1957, or established after July 2, 1957, and prior to November 22, 1957, if such rural fire protection district was at that time a valid district but for the fact that its electorate was restricted to property owners…
Each rural fire protection district created by ORS 478.002 shall in all respects succeed to and replace the territorially coterminous rural fire protection district abolished by ORS 478.002. Without limiting the foregoing: A successor district is: The owner of the property of the succeeded district, including real property and funds on deposit with the cou…
A rural fire protection district may be formed in the manner set forth in ORS 478.010 to 478.100. A district may not include: Territory within a water supply district organized under ORS chapter 264 if the district has previously been authorized by its electors to exercise the fire protection powers prescribed by ORS 264.340. Forestland included within a …
A director of a district shall be an elector or an owner within the district. A district may determine, by ordinance that takes effect at least one year prior to the date of a regular district election, that firefighters of the district, volunteer or otherwise, and other district employees shall not serve as directors.
Nothing in this chapter shall be construed as impairing the legality or organization of any rural fire protection district existing on June 14, 1939, nor to exclude from such districts any lands then included therein, nor the legality of any act of such district done in accordance with the prior law, nor shall it be deemed to affect the legality of the elect…
No final order of a county board establishing a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of such district, or notice thereof, which does not materially affect the substantial rights of an interested party. The following irregularities are declared to be im…
Subject to the provisions of ORS 478.010, a county governing body may, under ORS 198.705 to 198.955, include in or exclude from a proposed district, or territory proposed to be annexed to a district, such territory as it determines.
The authority to include forestland within a rural fire protection district pursuant to ORS 478.010 (2)(b) applies to forestland within the exterior boundaries of an existing district.
Any land upon which structures subject to damage by fire have been built shall be added to the assessment roll for the tax year beginning July 1 following the calendar year in which construction on the structure was begun.
Any owner consenting to add the forestland of the owner to the district under ORS 478.010 (2)(b) shall do so on forms supplied by the Department of Revenue. The owner shall file the original with the district. The district shall forward a copy to the assessor of each county in which the land is located, within 20 days of receipt.
Prior to the formation of any rural fire protection district or the annexation of any territory to an existing rural fire protection district of any territory within the exterior boundaries of a forest protection district established pursuant to ORS chapter 477, the petitioners of the proposed district or annexation shall confer with the State Forestry Depar…
When formation of a district is proposed after October 15, 1983, the petition or order for formation may include, in addition to other information required under ORS 198.750 or 198.835: A statement that the district shall be divided into a specified number of zones for the purpose of imposing and levying ad valorem taxes at different rates in each zone base…
For purposes of ad valorem taxation, a boundary or zone change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. POWERS AND DUTIES
The power and authority given to the district, except as otherwise provided, is vested in and shall be exercised by a board of five directors. Except as provided by subsection (3) of this section, the term of director is four years. The board of directors shall fill any vacancy on the board as provided in ORS 198.320. Within 10 days after receiving their c…
Each office of director shall be designated by number as Position No. 1, Position No. 2 and so forth. The secretary of a district shall assign a position number to each office on the board. The number so assigned shall be certified by the secretary to the director in office holding that position. A copy of the certification shall be filed in the records of …
Candidates for election from subdistricts created by ORS 478.225 shall be nominated by electors of the subdistricts. Candidates for election at large may be nominated by electors of subdistricts or by electors of the district, or any combination of such methods. Subject to ORS 478.225, the directors may be elected in one of the following methods or a combin…
This section establishes the procedure for determining either of the following questions: Whether subdistricts should be created in a district for the purpose of nominating or electing two or more directors. Whether the method established in a district for nominating and electing directors should be changed to another method. A question under this section…
The boundaries or proposed boundaries of election subdistricts proposed or established within a district under ORS 478.225 from which directors are to be nominated or elected shall be as nearly equal in population as is feasible according to the latest available federal census data and shall be adjusted by the board to apportion population, to follow whereve…
ORS chapter 255 governs the following: The nomination and election of directors. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.
The question whether subdistricts should be established for the purpose of nominating or electing one or more board members may be submitted at an election called under ORS 198.866 and 198.867, or at an election on merger or consolidation called under ORS 198.903. The following provisions of ORS 478.225 (4) apply to an election on annexation, merger or cons…
At any regular meeting, the district board may call a special election. In any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of property located within the district may vote, and the authorized officer or representative o…
The district board shall hold meetings at such time and place within the district as it determines. It shall hold at least one regular meeting in each month on a day fixed by the board, and may hold special meetings under such rules as it may make. At the organizational meeting the board shall choose from the members a president, vice president, secretary a…
The district board shall select a fire chief and assistants and fix their compensation. The fire chief shall be responsible for the equipment and properties of the district. Under the direction of the board, the fire chief shall be responsible for the conduct of the fire department. The board, with advice and counsel of the fire chief, shall select the loca…
The district board shall report to the State Fire Marshal, upon forms prescribed by the State Fire Marshal, information the State Fire Marshal may require, and shall, at any time, upon request furnish further report or information required by the State Fire Marshal. The State Fire Marshal shall cooperate in the formation, operation and administration of dis…
The board of directors may employ assistants as necessary or convenient in carrying on the work of the district and fix their compensation. The expenses of directors actually incurred in the service of the district may be paid by the board.
Districts situated within a radius of 10 miles of a city of over 100,000 population may, in addition to the powers granted by ORS 478.210, 478.221 and 478.240 to 478.280, install, maintain and operate systems of street, road or highway lights. The lights shall be maintained upon the streets, roads or intersections as the board considers is needed to furnish …
In addition to the authority to enter into intergovernmental agreements under ORS chapter 190, a rural fire protection district or other public body as defined in ORS 174.109 may contract with any person for the purpose of affording fire fighting, protection or prevention facilities or road-lighting facilities and services, or both, to such person. When any…
Any district may contract with other rural fire protection districts or cities operating a fire department for the establishment and maintenance of a mutual communication system for fire prevention and protection and may, in cooperation with the other contracting party or parties, provide for a joint board of control composed of representatives of the contra…
Any district may contract with another rural fire protection district, city or county to establish, operate and maintain a regional oil and hazardous material emergency response team. The contracting parties may provide for a joint board of control, composed of representatives of the contracting parties, to control the operation of the regional emergency res…
When a fire or public safety incident occurs outside the limits of a district or of a city and help is asked of the district or city, the fire-fighting or public safety apparatus and force of the district or city may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident in the other unprotected o…
When a district is located entirely or partly within the boundaries of the Columbia River Gorge National Scenic Area established under 16 U.S.C. 544 et seq., if a fire or other public safety incident occurs on state property within the limits of the district and assistance from the district is requested, the fire-fighting and emergency medical vehicles, appa…
Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 478.335 to 478.370 are expenses for which a district may levy taxes as provided by ORS 478.410.
A district board may enter into contracts for medical and hospital services or insurance covering employees of the district for remedial care and hospital benefits. Failure to obtain insurance or service contracts shall not be construed as negligence or lack of diligence on the part of the board or the members thereof. As used in this section “remedial care…
The district may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a v…
A district may establish an employees’ retirement system pursuant to ORS 478.355 to 478.370. The board may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time. The retirement plan may provide for retirement benefits measured on the basis of services rendered or to…
The district may budget and provide for payment into the fund of the retirement plan an amount sufficient: To provide, on an actuarial reserve basis, the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in a…
The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan.
Nothing in ORS 478.325 and 478.355 to 478.370 authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. BENEFITS FOR DISTRICT VOLUNTEERS
In addition to the investments authorized by ORS 294.035, the board of directors of a rural fire protection district organized under ORS chapter 478 may invest or cause to be invested any surplus funds of the district in contracts described in ORS 294.035 (3)(f) for the purpose of funding length of service awards for the volunteer firefighters of the distric…
To provide funds for defraying expenses for the establishment, equipment and maintenance of the district, the district board may provide for a tax on the assessed value of all taxable property within the district. To carry into effect any of the powers granted to the district, the district, when authorized by a majority of the voters voting at an election c…
Bonds authorized under ORS 478.410 shall be issued and sold in the manner prescribed in ORS chapter 287A. The bonds shall be so conditioned that the district agrees to pay, at the place named, to the bearer the sum named in lawful money of the United States with interest at the rate named, payable semiannually each year in accordance with the terms of intere…
A district board shall ascertain and levy annually, in addition to all other taxes, an ad valorem tax on all the taxable property in the district, sufficient to pay the interest accruing and the principal maturing on the bonds promptly as they become due.
As used in this section, “qualified forestland” means forestland that is: Included in a rural fire protection district under ORS 478.010 (3); and Outside the limits of a city. If a structure exists, in whole or in part, on qualified forestland, the property subject to taxation by a rural fire protection district shall include the value of any structures s…
The district may receive from any source whatever, gifts, donations, bequests, money or property for any purpose consistent with the terms of this chapter. The district may, from time to time, provide from its current revenue or create or set up sinking funds to be applied to authorized expenditures contemplated to be made beyond the current tax year.
To provide funds for defraying expenses for the installation, maintenance and operation of the road-lighting service to the district, the district board may provide for a tax not exceeding one-tenth of one percent (0.001) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207. Upon approval of the majori…
Funds collected on behalf of the district through the levy of taxes, all donations, contributions, bequests or annuities and all borrowed moneys received by or on behalf of the district shall be deposited in accordance with ORS 295.001 to 295.108 and as designated by the board. Funds shall be drawn out only upon proper order and warrant or check, bearing the…
All warrants for the payment of any indebtedness of a district which are unpaid for want of funds shall bear interest at a rate to be fixed by the district board but not to exceed six percent per annum from the date of the registering of the unpaid warrants with the county treasurer. The amount of warrants outstanding shall not exceed the revenue provided fo…
A district board may divide its district into zones for the purpose of imposing and levying ad valorem taxes at different rates on the assessed value of all taxable property in each zone. The establishment of zones within a district under this section shall be based upon differences in the services provided by the district to the residents and their property…
The district board shall cause a notice of a public hearing relating to the formation of zones under ORS 478.480 (1) to be published once a week for two successive weeks in the newspaper in general circulation in the district which, in the judgment of the district board, will afford the best notice to the residents of the district. The notice published unde…
After the public hearing required under ORS 478.480 (2), if the district board decides to proceed with the proposal, it shall submit the question of dividing the district into zones to the voters of the district at the next regular district election on the date specified in ORS 255.335 (1). If a majority of the voters of the district voting upon the questio…
When a proposal for dividing a district into zones is approved by the voters of a district, a proposal for changing the boundaries of the zones shall not be submitted to the voters at the regular district election next following such approval, but may be submitted at any regular district election thereafter. Following approval of the formation of zones with…
If a district is divided into zones under ORS 478.480 (1), the district board shall determine, make and declare the ad valorem tax levy for each zone when the district board adopts its budget for any fiscal year. The determination of the amount of ad valorem taxes to be levied in each zone shall be in accordance with the proposal approved by the voters under…
The electors of a district may initiate proceedings to divide the district into zones under ORS 478.155 and 478.480 to 478.500 by filing a petition with the district board. The petition shall state the name of the district and contain a request that the district board divide the district into zones consisting of areas zoned for exclusive farm use, areas with…
(Multicounty Districts)
Funds accruing to a district, located in two or more counties, from any source shall be deposited in accordance with ORS 295.001 to 295.108 and shall be drawn out only upon proper order and warrant or check bearing the signature of those persons authorized to sign warrants or checks by resolution of the board.
CHANGES TO DISTRICT
In addition to any other method of initiating proceedings to withdraw territory from a district, the county board may, after appropriate proceedings, order the withdrawal of forestland from a district if: Written request for the withdrawal is submitted to the county board by the district board; Inclusion of the withdrawn forestland within a forest protecti…
As used in this section: “Annex” means to add lands to a district. “Coverage area” means an area established by a district pursuant to this section that consists of the following: Lands that are included in the district; and Some or all of the lands that are within seven road miles of a fire station in the district and are not included in any other distr…
FIRE SAFETY SYSTEMS
As used in ORS 478.845 to 478.875: “District” means a rural fire protection district organized under ORS chapter 478. “Fire safety system” means any device or system that protects structures or people from damage, injury or destruction by fire or that minimizes the effects of fire. The term includes automatic fire sprinkler systems. Note: 478.840 to 478.8…
Notwithstanding any other provision of law or any restriction on indebtedness contained in a charter, a city or district may issue and sell revenue bonds under ORS 478.845 to 478.875, loan moneys to qualified persons for the installation of fire safety systems and enter into loan contracts with those persons. Moneys borrowed from the loan fund created by ORS…
Revenue bonds issued under ORS 478.845 to 478.875: Shall not be payable from nor charged upon any fund other than the revenue pledged to the payment of the revenue bonds. Shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the city or district, except those moneys paid to the loan fund created by ORS 478.855. No ho…
Proceeds of revenue bonds issued and sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons for acquisition and installation of fire safety systems in structures owned by the borrowers shall be deposited in a loan fund created for the purpose by a city or district. In addition to proceeds from the sale of revenue bonds, the loan fund…
The governing body of a city or district shall adopt standards to determine the eligibility of borrowers to borrow money from the loan fund established under ORS 478.855 for the purpose of acquiring and installing a fire safety system in a privately owned structure owned by the borrower. The governing body of a city or district shall also adopt a list of fi…
Any loan contract providing for a loan of moneys to a borrower by a city or district shall include a plan for repayment by the borrower of moneys borrowed plus interest. The repayment plan: Shall provide that the city or district obtain a lien on the structure in which a fire safety system is installed. Except for tax liens, the lien acquired by the city or…
In addition to any other powers granted by law, a city or district may: Make all contracts, execute all instruments and do all things necessary or convenient for the exercise of the powers granted by ORS 478.845 to 478.875, or for the performance of its covenants or duties, or in order to secure the payment of its bonds; Enter into and perform such contrac…
If a borrower fails to comply with a contract entered into under ORS 478.865, the city or district may seek appropriate legal remedies to secure any repayment due the loan fund created by ORS 478.855. Note: See note under 478.840.
The Legislative Assembly finds and declares that: The best interest of the state is served by providing financial incentives for the installation of fire safety systems in multifamily housing. The design and nature of multifamily housing creates a higher fire risk than the risk to single family housing and exposes tenants to fire risks that are not within …
As used in this section: “District” means a rural fire protection district organized pursuant to ORS chapter 478. “Fire safety system” means a device or series of devices that protects structures from damage or destruction by fire, protects people from injury by fire or minimizes the effects of fire. “Fire safety system” includes, but is not limited to, au…
A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code.
The fire prevention code may provide reasonable regulations relating to: Prevention and suppression of fires. Mobile fire apparatus means of approach to buildings and structures. Providing fire-fighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures. Storage and use of combustibles and …
The provisions of a fire prevention code adopted by a district after October 4, 1977, shall not apply within any city or county within the district unless the governing body of the city or county approves the fire code by resolution.
A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of building permits.
When a district has adopted a fire prevention code as provided in ORS 478.910: No person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of the premises. No person shall burn waste materials or trash in an unguarded man…
No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one’s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing permission from the…
If the fire-fighting apparatus or personnel, or either of a district, are required to respond and be used actively or on a standby basis in connection with the extinguishment or control of a fire that has been started or allowed to spread in willful violation of ORS 478.960 (1) to (5), the person responsible therefor shall be liable to the district furnishin…
The purpose of ORS 478.970 to 478.982 is to establish a unique identifier for each district to be used for statistical purposes by the State Fire Marshal and in the process of insurance rating. ORS 478.970 to 478.982 do not alter or add to the corporate title or identification of a district organized or established by law.
When a district is organized, the first board or chief of the district shall request, in writing or via electronic communication, that the State Fire Marshal issue a unique identifier to the district. Except as provided in this subsection, upon receipt of a request from the board or chief, as described in subsection (1) of this section, the State Fire Marsh…
In the event of a consolidation or merger of two or more districts, the State Fire Marshal shall determine a unique identifier for the consolidated or merged districts.
In the event of a dissolution of a district, the unique identifier assigned to the district may not be assigned to another district. PENALTIES
Violation of any provision of ORS 478.930 is a Class D violation. Each day’s refusal to remove fire hazards after notice by the inspecting officer to the owner of the premises where the hazard exists is a separate offense. Burning without a permit required under ORS 478.960 (1) or in violation of a condition thereof is a misdemeanor. Violation of ORS 478.9…