Oregon Law
Law as of Jan 1, 2024
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; inspection 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and assistants 476.050Payment of salaries and expenses 476.055State Fire Marshal Fund; uses 476.057[1980 c.15 §1; repealed by 1985 c.383 §1] 476.060Local officers and constables as assistants to State Fire Marshal 476.070Entering buildings and premises 476.080[Amended by 1973 c.834 §32; renumbered 476.150 in 1987] 476.090Records of fires 476.100[Amended by 1973 c.832 §§7,7a; 1977 c.104 §2; repealed by 1987 c.414 §172] 476.110State police to enforce fire laws 476.113Designation of regions; regional appeal advisory boards; qualifications of members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 476.120Minimum 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 476.165Establishing 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 476.280Municipal 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 476.310Zoning and rezoning of certain lands; hearing on petition of owners in nonzoned territory; duty of landowner to provide fire protection 476.320Determination of form of fire protection for lands in zone 1; costs 476.330Prevention and control of fires in zone 2; tax levy 476.340Establishment of rural fire protection districts in zone 2; exemption from taxation of property included in district 476.380Fire permits; limitations upon burning; records 476.390Definition 476.392Minimum defensible space requirements; rules 476.394Limitations on use of minimum defensible space requirements 476.396Community Risk Reduction Fund 476.398Biannual 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 476.510Short 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 476.570Appointment 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 476.694Oregon Conservation Corps Program 476.696Oregon Conservation Corps Advisory Committee 476.698Oregon Conservation Corps Fund 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 GENERAL PROVISIONS 476.160 Circumstances under which warrant may be issued

ORS 476.995 Penalty for violation of ORS 476.760

The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760

(1)

. The civil penalty may not exceed:

(1)

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.

(2)

For a person that distributes or offers to sell cigarettes to consumers:

(a)

For a distribution or offer of not more than 1,000 cigarettes, $500.

(b)

For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.

(3)

For a continuing violation of ORS 476.760 (1), each day that a person distributes or offers to sell cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) is a separate violation subject to civil penalty. For purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183.

Note: See note under 476.755.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.