Oregon Law
Law as of Jan 1, 2026
Chapter contents
476.005Definitions 476.010Additional definitions 476.020State Fire Marshal; appointment; qualifications 476.030Powers and duties of marshal and deputies generally; rules; exemption of certain governmental subdivisions 476.032Inspection of adult foster homes 476.033Discretionary powers of State Fire Marshal 476.035Adjustments and variances in application of statutes and regulations 476.040Deputies and assistants 476.045Authority of Department of State Fire Marshal to require fingerprints 476.050Payment of salaries and expenses 476.055State Fire Marshal Fund; uses 476.057[1980 c.15 §1; repealed by 1985 c.383 §1] 476.060Local officers and constables as assistants to State Fire Marshal 476.070Entering buildings and premises 476.080[Amended by 1973 c.834 §32; renumbered 476.150 in 1987] 476.090Records of fires 476.100[Amended by 1973 c.832 §§7,7a; 1977 c.104 §2; repealed by 1987 c.414 §172] 476.110State police to enforce fire laws 476.113Designation of regions; regional appeal advisory boards; qualifications of members 476.115Functions of regional appeal advisory boards; reports submitted to board 476.117Oregon Fire Code; copies of fire prevention code 476.120Minimum standards for protection of life and property 476.125Supplies and equipment for employees 476.130Statistical reports; price; sale; deposit of proceeds 476.132Wildfire readiness and response capacity 476.150Entry and inspection of premises; interfering with or preventing entry prohibited 476.155When judges authorized to issue inspection warrants 476.160Circumstances under which warrant may be issued 476.165Establishing cause to issue warrant; content 476.170Execution of warrant 476.175Contents of citation or order 476.210Investigation of fires by municipal officers and constables; reports; exemption 476.220Report by officer investigating fire; exemption 476.230Taking statements of persons knowing facts 476.240Supplying information to and requesting action by district attorney 476.250District attorney summoning witnesses and requiring production of documents 476.260District attorney assisting investigation of fires 476.270Insurance company reports of suspicious fires; inspection of company’s relevant information 476.272State Fire Marshal authority to secure and control fire origin area 476.274Investigation of liability for cost of fire abatement; subpoena power; contempt 476.276Liability of willful, malicious or negligent person for cost of fire abatement; interest; lien; foreclosure; civil action for recovery of cost 476.280Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas 476.290Billing owner of property for cost of extinguishing fire; cost limited; collection; action for recovery of cost 476.310[Amended by 1957 c.432 §1; 1963 c.222 §1; 1965 c.253 §143; 1991 c.459 §415a; 2005 c.22 §356; repealed by 2025 c.581 §31] 476.320[Amended by 1957 c.83 §5; 1965 c.253 §144; 1967 c.429 §53; 1981 c.362 §1; 1991 c.459 §415b; 1999 c.355 §1; repealed by 2025 c.581 §31] 476.330[Amended by 1955 c.262 §1; 1959 c.288 §1; 1963 c.9 §29; 1967 c.356 §1; 1969 c.590 §1; 1971 c.647 §107; 1991 c.459 §416; 2007 c.154 §63; repealed by 2025 c.581 §31] 476.340[Amended by 1955 c.262 §2; 1963 c.222 §2; repealed by 2025 c.581 §31] 476.380Fire permits; limitations upon burning; records 476.390[2021 c.592 §8; repealed by 2025 c.590 §1] 476.392Community risk reduction program; model code for defensible space for local governments 476.394[2021 c.592 §8b; 2025 c.476 §48; repealed by 2025 c.590 §1] 476.396Community Risk Reduction Fund 476.398Annual reports 476.410Standard thread hose couplings and hydrant fittings required 476.420Standardization of existing fire protection equipment; exemption 476.430Changing private equipment 476.440Sale of nonstandard equipment prohibited; exemption 476.445Use of PFAS firefighting foam prohibited; exception 476.510Short title 476.515Other officers authorized to act when Governor unavailable 476.520Governor authorized to assign fire-fighting forces and equipment 476.530Chief executive of political subdivision to assign forces and equipment; federal equipment 476.540Powers and duties of fire-fighting forces 476.550Loss or damage to equipment 476.560Reimbursement for aid 476.565State Fire Marshal Mobilization Fund 476.567Biennial report on State Fire Marshal Mobilization Fund 476.570Appointment of substitute firefighters; recall of off-duty firefighters 476.574Leave of absence for volunteers; employment rights 476.576Violation of job restoration rights of volunteers as unlawful employment practice 476.580Orders, rules and regulations 476.590Preparation of plans by State Fire Marshal; advice and counsel to Governor 476.600Liability for injury to person or property 476.610Payment of claims 476.615Urban search and rescue 476.680Governor’s Fire Service Policy Council; membership; terms; duties 476.685Biennial reports 476.687State Wildfire Programs Director 476.690Wildfire Programs Advisory Council 476.694[2021 c.592 §21; 2022 c.85 §3; renumbered 660.425 in 2025] 476.696[2021 c.592 §22; 2023 c.556 §6; 2023 c.557 §5; 2025 c.590 §10; renumbered 660.430 in 2025] 476.698[2021 c.592 §23; 2023 c.556 §7; renumbered 660.435 in 2025] 476.710Setting fires adjacent to structures or timber on ocean shore prohibited; exceptions 476.715Throwing away of lighted matches, cigarettes and other materials prohibited; posting copy of section in public conveyances 476.720Certain remedial statutes to be construed liberally 476.725Statewide standards for residential carbon monoxide alarms; rules 476.730Notice prior to release or after escape of arsonist from state institution 476.735Sky lantern prohibition 476.740[1967 c.417 §12; repealed by 1971 c.743 §432] 476.750[1967 c.417 §14; repealed by 1971 c.743 §432] 476.755Definitions for ORS 476.755 to 476.790 and 476.995 476.760Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules 476.765Imposition of civil penalties; bringing of actions 476.770Determination of cigarette variety ignition propensity; reduced ignition propensity standard; listing; cigarette design; rules 476.775Laboratories; ignition propensity testing 476.780Cigarette variety certification by manufacturer; retesting; record retention; unfavorable determination by State Fire Marshal 476.785Cigarette packaging markings 476.790Providing copies of cigarette certification and illustration of packaging markings 476.795Interpretation of ORS 476.755 to 476.790 and 476.995 476.800[1973 c.667 §1; 1977 c.104 §3; renumbered 476.055] 476.801Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995 476.805[1973 c.667 §2; 1985 c.118 §5; repealed by 1993 c.185 §34] 476.806Cigarette Fire Safety Fund 476.810[1973 c.667 §3; repealed by 1993 c.185 §34] 476.815[1973 c.667 §8; 1985 c.118 §6; repealed by 1993 c.185 §34] 476.820[1973 c.667 §4; 1977 c.104 §4; repealed by 1993 c.185 §34] 476.825[1973 c.667 §5; 1985 c.118 §7; repealed by 1993 c.185 §34] 476.830[1973 c.667 §6; 1985 c.118 §8; repealed by 1993 c.185 §34] 476.831Definitions for ORS 476.831 to 476.856 476.835[1973 c.667 §7; 1979 c.772 §24; 1985 c.118 §9; repealed by 1993 c.185 §34] 476.836Identification of novelty lighters; rules; disposition of contraband lighters 476.840[1973 c.667 §9; 1987 c.414 §82; repealed by 1993 c.185 §34] 476.841Prohibition against sale or distribution of novelty lighters; civil penalties 476.845[1973 c.667 §11; 1977 c.104 §5; 1985 c.118 §10; repealed by 1993 c.185 §34] 476.846Compliance inspections 476.850[1973 c.667 §13; 1977 c.104 §6; repealed by 1993 c.185 §34] 476.851Agreements with State Fire Marshal representatives 476.855[1973 c.667 §14; 1985 c.118 §11; 1993 c.185 §19; renumbered 476.033 in 1999] 476.856Attorney General actions to enforce ORS 476.841 and 476.846 476.860[1973 c.667 §12; 1977 c.104 §7; repealed by 1985 c.118 §17] 476.865[1973 c.667 §15; 1977 c.104 §8; 1985 c.118 §12; repealed by 1993 c.185 §34] 476.870[1981 c.97 §2; repealed by 1985 c.118 §17] 476.900Application by certain cities and rural fire protection districts to borrow money from loan fund 476.905Approval of application by State Fire Marshal 476.910Loan agreement; terms; conditions 476.915Source of revenue to repay loan 476.920Rules; acceptance of gifts, donations and grants 476.925Fire Protection Equipment Loan Fund; uses 476.990Penalties 476.995Penalty for violation of ORS 476.760

Chapter 476 — State Fire Marshal; Protection From Fire Generally

ORS 476.735 Sky lantern prohibition

(1)

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.

(2)

A person may not release a sky lantern into the airspace of this state.

(3)

Violation of this section is a Class A violation.

(4)

In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:

(a)

The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;

(b)

The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;

(c)

The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or

(d)

The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations.

Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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