TITLE 38 PROTECTION FROM FIRE Chapter 476...476.090 PROTECTION FROM FIRE in and upon all buildings...

TITLE 38

PROTECTION FROM FIRE

Chapter 476. State Fire Marshal; Protection From Fire Generally477. Fire Protection of Forests and Vegetation478. Rural Fire Protection Districts479. Protection of Buildings From Fire; Electrical Safety Law480. Explosives; Flammable Materials; Pressure Vessels

Chapter 476

2007 EDITION

State Fire Marshal; Protection From Fire Generally

GENERAL PROVISIONS476.005 Definitions476.010 Additional definitions

STATE FIRE MARSHAL; POWERS AND DUTIES

476.020 State Fire Marshal; appointment; quali-fications

476.030 Powers and duties of marshal and depu-ties generally; rules; exemption of certaingovernmental subdivisions; inspection ofadult foster homes

476.033 Discretionary powers of State Fire Mar-shal

476.035 Adjustments and variances in applicationof statutes and regulations

476.040 Deputies and assistants476.050 Payment of salaries and expenses476.055 State Fire Marshal Fund; uses476.060 Local officers and constables as assistants

to State Fire Marshal476.070 Entering buildings and premises476.090 Records of fires476.110 State police to enforce fire laws476.113 Designation of regions; regional appeal

advisory boards; qualifications of members476.115 Functions of regional appeal advisory

boards; reports submitted to board476.120 Minimum standards for protection of life

and property476.130 Statistical reports; price; sale; deposit of

proceeds

INSPECTION PROCEDURES476.150 Entry and inspection of premises; inter-

fering with or preventing entry prohibited476.155 When judges authorized to issue inspec-

tion warrants476.160 Circumstances under which warrant may

be issued

476.165 Establishing cause to issue warrant; con-tent

476.170 Execution of warrant

INVESTIGATION OF FIRES; REPORTS476.210 Investigation of fires by municipal officers

and constables; reports; exemption476.220 Report by officer investigating fire; ex-

emption476.230 Taking statements of persons knowing

facts476.240 Supplying information to and requesting

action by district attorney476.250 District attorney summoning witnesses

and requiring production of documents476.260 District attorney assisting investigation

of fires476.270 Insurance company reports of suspicious

fires; inspection of company′s relevantinformation

EXTINGUISHING FIRES IN UNPROTECTED AREAS

476.280 Municipal fire departments and rural fireprotection districts authorized to extin-guish fires in unprotected areas

476.290 Billing owner of property for cost of ex-tinguishing fire; cost limited; collection;action for recovery of cost

FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED

476.310 Zoning and rezoning of certain lands;hearing on petition of owners in nonzonedterritory; duty of landowner to providefire protection

476.320 Determination of form of fire protectionfor lands in zone 1; costs

476.330 Prevention and control of fires in zone 2;tax levy

Title 38 Page 1 (2007 Edition)


476.340 Establishment of rural fire protection dis-tricts in zone 2; exemption from taxationof property included in district

476.380 Fire permits; limitations upon burning;records

STANDARDIZATION OF FIREPROTECTION EQUIPMENT

476.410 Standard thread hose couplings andhydrant fittings required

476.420 Standardization of existing fire protectionequipment; exemption

476.430 Changing private equipment476.440 Sale of nonstandard equipment prohibited;

exemption

PROTECTION OF LIFE AND PROPERTYFROM FIRE IN CASE OF EMERGENCY

476.510 Short title476.515 Other officers authorized to act when

Governor unavailable476.520 Governor authorized to assign fire-

fighting forces and equipment476.530 Chief executive of political subdivision to

assign forces and equipment; federalequipment

476.540 Powers and duties of fire-fighting forces476.550 Loss or damage to equipment476.560 Reimbursement for aid476.570 Appointment of substitute firefighters;

recall of off-duty firefighters476.574 Leave of absence for volunteers; employ-

ment rights476.576 Violation of job restoration rights of vol-

unteers as unlawful employment practice476.580 Orders, rules and regulations476.590 Preparation of plans by State Fire Mar-

shal; advice and counsel to Governor476.600 Liability for injury to person or property476.610 Payment of claims

GOVERNOR′S FIRE SERVICE POLICY COUNCIL

476.680 Governor′s Fire Service Policy Council;membership; terms; duties

476.685 Biennial reports

MISCELLANEOUS PROVISIONS476.710 Setting fires adjacent to structures or

timber on ocean shore prohibited; excep-tions

476.715 Throwing away of lighted matches, ciga-rettes and other materials prohibited;posting copy of section in public convey-ances

476.720 Certain remedial statutes to be construedliberally

476.730 Notice prior to release or after escape ofarsonist from state institution

REDUCED IGNITION PROPENSITYCIGARETTES

476.755 Definitions for ORS 476.755 to 476.790 and476.995

476.760 Prohibition against distributing or offer-ing certain cigarettes; improper packagingmarkings; seizure and forfeiture; intera-gency agreements; inspections; rules

476.765 Imposition of civil penalties; bringing ofactions

476.770 Determination of cigarette variety ig-nition propensity; reduced ignition pro-pensity standard; listing; cigarette design;rules

476.775 Laboratories; ignition propensity testing476.780 Cigarette variety certification by man-

ufacturer; retesting; record retention; un-favorable determination by State FireMarshal

476.785 Cigarette packaging markings476.790 Providing copies of cigarette certification

and illustration of packaging markings476.795 Interpretation of ORS 476.755 to 476.790

and 476.995476.801 Cigarette varieties not subject to ORS

476.755 to 476.790 and 476.995476.806 Cigarette Fire Safety Fund

FIRE PROTECTION EQUIPMENT LOAN FUND

476.900 Application by certain cities and rural fireprotection districts to borrow money fromloan fund

476.905 Approval of application by State FireMarshal

476.910 Loan agreement; terms; conditions476.915 Source of revenue to repay loan476.920 Rules; acceptance of gifts, donations and

grants476.925 Fire Protection Equipment Loan Fund;

uses

PENALTIES476.990 Penalties476.995 Penalty for violation of ORS 476.760


STATE FIRE MARSHAL; PROTECTION FROM FIRE 476.030

GENERAL PROVISIONS476.005 Definitions. As used in this

chapter, unless the context requires other-wise:

(1) “Fire protection equipment” meansany apparatus, machinery or appliance in-tended for use by a fire service unit in fireprevention or suppression activities, except-ing forest fire protection equipment.

(2) “Governmental subdivisions” means acity, county or rural fire protection districtin this state whose functions include regu-lation of building use and occupancy and theadministration of fire safety laws, ordinancesand regulations. [Formerly 476.800; 1985 c.118 §1;1993 c.185 §24]

476.010 Additional definitions. (1) Asused in ORS 476.010 to 476.115, 476.150 to476.170 and 476.210 to 476.270, “alterations,”“construction,” “family,” “hospital,” “occu-pancy” and “private residence” have themeanings given those terms in ORS 479.168.

(2) As used in ORS 476.030 and otherlaws relating to the duties of the State FireMarshal, “governmental subdivision” meansa city, county, municipal corporation, quasi-municipal corporation and rural fire pro-tection district, created under the laws ofOregon.

(3) As used in ORS 476.380:(a) “Commercial waste”:(A) Means any waste produced in any

business involving the lease or sale, includ-ing wholesale and retail, of goods or services,including but not limited to housing.

(B) Means any waste produced by a gov-ernmental, educational or charitable institu-tion.

(C) Does not include any waste producedin a dwelling containing four living units orless.

(b) “Demolition material” means anywaste resulting from the complete or partialdestruction of any man-made structure, suchas a house, apartment, commercial buildingor industrial building.

(c) “Domestic waste” means any nonpu-trescible waste, consisting of combustiblematerials, such as paper, cardboard, yardclippings, wood or similar materials, gener-ated in a dwelling, including the real prop-erty upon which it is situated, containingfour living units or less.

(d) “Field burning” means the burning ofany grass field, grain field, pasture,rangeland or other field by open burning orby use of mobile equipment or flamingequipment on any land or vegetation.

(e) “Industrial waste” means any wasteresulting from any process or activity ofmanufacturing or construction.

(f) “Land clearing debris” means anywaste generated by the removal of debris,logs, trees, brush or demolition material fromany site in preparation for land improvementor construction projects.

(g) “Open burning” means any burningconducted in such a manner that combustionair is not effectively controlled and thatcombustion products are not vented througha stack or chimney, including but not limitedto burning conducted in open outdoor fires,common burn barrels and backyardincinerators. [Subsection (2) formerly part of 476.030;1975 c.635 §1; 2005 c.22 §353]

STATE FIRE MARSHAL; POWERS AND DUTIES

476.020 State Fire Marshal; appoint-ment; qualifications. (1) The office of StateFire Marshal is established in the Depart-ment of State Police. The State Fire Marshalshall be appointed by and be administrativelyresponsible to the Superintendent of StatePolice, and shall serve at the pleasure of thesuperintendent. The State Fire Marshal shallretain all current authority of the office andshall be responsible for the implementationof its mission and programs.

(2) The State Fire Marshal shall be qual-ified to direct the technical and executivework of the agency as determined by the su-perintendent and shall have education ortraining related to the programs of theagency and significant experience in manag-ing fire protection or related programs.[Amended by 1963 c.523 §1; 1971 c.753 §54; 1987 c.414 §79;1993 c.186 §1]

476.030 Powers and duties of marshaland deputies generally; rules; exemptionof certain governmental subdivisions; in-spection of adult foster homes. (1) TheState Fire Marshal shall enforce all statutes,and make rules relating to:

(a) The prevention of fires.(b) The storage and use of combustibles

and explosives.(c) The maintenance and regulation of

structural fire safety features in occupiedstructures and overseeing the safety of anddirecting the means and adequacy of exit incase of fire from factories, asylums, hospitals,churches, schools, halls, theaters, amphithe-aters, all buildings, except private residences,which are occupied for sleeping purposes,and all other places where large numbers ofpersons work, live or congregate from timeto time for any purpose except that struc-tural changes shall not be required in build-ings built, occupied and maintained in


476.033 PROTECTION FROM FIRE

conformity with state building code regu-lations applicable at the time of construction.

(d) Standards for equipment used for fireprotection purposes within this state includ-ing standard thread for fire hose couplingsand hydrant fittings.

(2) The State Fire Marshal and deputiesshall have such powers and perform suchother duties as are prescribed by law.

(3) If, in the opinion of the State FireMarshal, a governmental subdivision of thestate has enacted adequate regulations gen-erally conforming to state and national stan-dards concerning fire prevention, fire safetymeasures and building construction require-ments for safety, and if the governmentalsubdivision provides reasonable enforcementof its regulations, the State Fire Marshalmay exempt the area subject to such regu-lation either partially or fully from the stat-utes, rules and regulations administered bythe State Fire Marshal. Prior to adoption ofany such exemption, the State Fire Marshalmay request from the Department of PublicSafety Standards and Training considerationof and recommendations regarding the ex-emption. The exemption may extend for atwo-year period, and may be renewed fromtime to time, but may be canceled by theState Fire Marshal following 30 days′ writtennotice if the State Fire Marshal finds thatthe governmental subdivision′s regulationsor enforcement thereof are not reasonablysufficient. The governmental subdivisionshall furnish a copy of such regulations tothe State Fire Marshal and shall file withthe State Fire Marshal any amendmentthereto within 30 days before the effectivedate of such amendment. The State FireMarshal shall designate a person or divisionwithin such governmental subdivision as anapproved authority for exercising functionsrelating to fire prevention, fire safety mea-sures and building construction. Upon re-quest of a local official having enforcementresponsibility and a showing of unusual firehazard or other special circumstances, theState Fire Marshal shall make investigationand appropriate recommendations.

(4) The State Fire Marshal may investi-gate or cause an investigation to be made todetermine the probable cause, origin and cir-cumstances of any fire and shall classifysuch findings as the State Fire Marshal mayfind appropriate to promote fire protectionand prevention.

(5) The State Fire Marshal shall providetraining in fire safety inspection to the De-partment of Human Services, area agencies,community mental health and developmentaldisabilities programs and to designees of theLong Term Care Ombudsman. If an adultfoster home has been inspected by the De-

partment of Human Services, an area agencyor community mental health and devel-opmental disabilities program and the agencyconducting the inspection reasonably be-lieves that the adult foster home is not incompliance with applicable fire safety rules,the agency conducting the inspection mayrequest the State Fire Marshal to inspect orcause an inspection to be made. If a designeeof the Long Term Care Ombudsman, in thecourse of visiting an adult foster home, be-lieves that the adult foster home is not incompliance with applicable fire safety rules,the designee shall report the problem to theappropriate agency to request a fire safetyinspection by the office of the State FireMarshal or by a designated representative ofthe office of the State Fire Marshal.

(6) Upon the request of the Departmentof Human Services, an area agency or com-munity mental health and developmental dis-abilities program, the State Fire Marshalshall inspect or cause an inspection to bemade to determine if the adult foster homeis in compliance with rules jointly adoptedby the Department of Human Services andthe State Fire Marshal establishing firesafety standards for adult foster homes.

(7) As used in subsections (5) and (6) ofthis section:

(a) “Adult foster home” has the meaninggiven that term in ORS 443.705.

(b) “Area agency” has the meaning giventhat term in ORS 410.040.

(c) “Community mental health and devel-opmental disabilities program” means a pro-gram established under ORS 430.620.[Amended by 1957 c.265 §1; 1963 c.523 §5; 1965 c.602 §1;part renumbered as part of 476.010; 1967 c.417 §1; 1973c.667 §16; 1977 c.821 §3; 1985 c.118 §2; 1985 c.726 §18; 1989c.696 §1; 1993 c.185 §25; 1997 c.13 §1; 1997 c.853 §40; 2001c.900 §206]

476.033 Discretionary powers of StateFire Marshal. The State Fire Marshal may:

(1) Contract or otherwise cooperate withany person or public agency for the procure-ment of necessary services or property;

(2) Accept gifts or grants of services orproperty; and

(3) Perform such other duties as requiredby law. [Formerly 476.855]

Note: 476.033 was added to and made a part ofORS chapter 476 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

476.035 Adjustments and variances inapplication of statutes and regulations.When the State Fire Marshal finds thatpractical difficulties, unnecessary hardshipor consequences inconsistent with the gen-eral purposes of statutes and regulations ad-ministered by the State Fire Marshal



relating to fire protection and fire preventionmay result under the provisions of suchstatutes and regulations, the State Fire Mar-shal may upon receipt of a verified applica-tion from the owner or occupant of theproperty affected stating fully the grounds ofthe application and facts relied upon, andupon further investigation, grant adjustmentsor variances with such conditions and safe-guards as the State Fire Marshal may deter-mine in harmony with the general purposeand intent and spirit of such fire protectionand fire prevention statutes and regulations,so that the public health, safety and welfareshall be secured and substantial justice done.Such adjustments or variances shall be re-stricted to unique, unusual or peculiar cir-cumstances or substitute materials orarrangements. The State Fire Marshal mayrefer the application to a regional appeal ad-visory board created under ORS 476.113 and476.115 for recommendation prior to makinga decision. Except as otherwise specified bylaw the order of the State Fire Marshalgranting or denying a variance shall be finaland conclusive. [1965 c.602 §6]

Note: 476.035 was added to and made a part of476.010 to 476.115 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

476.040 Deputies and assistants. TheState Fire Marshal shall appoint a chiefdeputy state fire marshal and deputy statefire marshals whose duties shall be to assistin carrying into effect the provisions of ORS476.010 to 476.090 and 476.155 to 476.170,476.210 to 476.270, 479.140 and 479.168 to479.190. The State Fire Marshal may alsoemploy such other assistants and employeesand incur such other expenses as the StateFire Marshal may deem necessary in carry-ing into effect these provisions. The StateFire Marshal may remove any deputies orassistants for cause. [Amended by 1963 c.523 §6;1985 c.118 §3; 1993 c.185 §26]

476.050 Payment of salaries and ex-penses. The salary of the chief deputy statefire marshal, deputy state fire marshals,compensation of clerks and other assistantsand other expenses of the office of State FireMarshal necessary in the performance of theduties imposed upon the State Fire Marshalshall be paid in the same manner as areother state officers and the expenses of otherstate departments, and shall not exceed theamount paid to the State Treasurer for themaintenance of the office of State Fire Mar-shal. [Amended by 1953 c.93 §1; 1987 c.414 §156]

476.055 State Fire Marshal Fund; uses.(1) All moneys received by the State FireMarshal shall be paid into the State Treas-ury, and shall be placed by the State Treas-urer to the credit of the State Fire MarshalFund, except those moneys received and ac-

counted for under the provisions of ORS279A.290.

(2) Except as otherwise provided by thissection, moneys in the State Fire MarshalFund shall be available and constitute acontinuing appropriation for the payment ofany expense of the State Fire Marshal andfor the payment of expenses of the Depart-ment of Public Safety Standards and Train-ing and the Board on Public SafetyStandards and Training relating to trainingprograms concerning fire services and ac-creditation of fire service professionals. TheState Fire Marshal shall keep on file anitemized statement of all expenses incurredby the State Fire Marshal and shall approveall disbursements as submitted for payment.Administrative expenditures made from theState Fire Marshal Fund shall not exceed areasonable amount for the services per-formed. [1953 c.93 §2; 1953 c.199 §2; 1965 c.602 §2; 1967c.359 §694; 1967 c.417 §2; 1973 c.832 §§6,6a; 1977 c.104 §1;1985 c.118 §4; 1987 c.414 §157; 1993 c.185 §27; 1993 c.186§6; 1997 c.853 §41; 2003 c.794 §298]

476.057 [1980 c.15 §1; repealed by 1985 c.383 §1]

476.060 Local officers and constablesas assistants to State Fire Marshal. (1)All fire marshals in those governmental sub-divisions having such officers, and where nosuch officer exists, the chief of the fire de-partment of every city or rural fire pro-tection district in which a fire department isestablished, the marshal or chief of police,officer of any city in which no fire depart-ment exists, and constables, if any, shall be,by virtue of the offices held by them, assis-tants to the State Fire Marshal without ad-ditional recompense, subject to the dutiesand obligations imposed by law, and shall besubject to the direction of the State FireMarshal in the execution of the provisionsof this section and ORS 476.070, 476.090,476.150, 476.210 and 480.445.

(2) In addition to other duties under sub-section (1) of this section, an individual des-ignated as an assistant to the State FireMarshal shall aid in the administration andenforcement of ORS 480.200 to 480.290 and480.990 (6) upon the request of the State FireMarshal. [Amended by 1965 c.602 §3; 1971 c.518 §22;1983 c.740 §188; 1987 c.158 §103; 2005 c.88 §4]

476.070 Entering buildings and prem-ises. The State Fire Marshal, the deputiesor assistants of the State Fire Marshal, orany of them, may:

(1) At all reasonable hours, in perform-ance of the duties imposed by the provisionsof ORS 476.030, enter upon and examine anybuilding or premises wherein fire has oc-curred, and other buildings or premises ad-joining or near the same.

(2) For just cause and for the purpose ofexamination, enter, at all reasonable hours,



in and upon all buildings and premiseswithin their jurisdiction.

476.080 [Amended by 1973 c.834 §32; renumbered476.150 in 1987]

476.090 Records of fires. (1) The StateFire Marshal shall keep a record of all firesoccurring in this state and of all facts con-cerning the same, including statistics as tothe extent of such fires and the damagecaused, whether such losses were covered byinsurance, and if so, in what amount. Allsuch records shall be public, except any tes-timony, information or other evidence takenin an investigation under ORS 476.010 to476.090, 476.155 to 476.170, 476.210 to 476.270and 479.180, which shall be considered inves-tigatory information as described in ORS192.501.

(2) This section shall not apply to forest-lands under the jurisdiction of the StateForester. [Amended by 1967 c.417 §3; 1981 c.701 §1]

476.100 [Amended by 1973 c.832 §§7,7a; 1977 c.104§2; repealed by 1987 c.414 §172]

476.110 State police to enforce firelaws. The Department of State Police shallemploy a sufficient number of state policewho shall perform the duties of enforcementof criminal laws and other statutes of Oregonwith reference to the suppression and pun-ishment of arson and fraudulent claims andpractices in connection with fire laws.[Amended by 1963 c.523 §7; 1965 c.602 §4; 1967 c.417 §4]

476.113 Designation of regions; re-gional appeal advisory boards; qualifica-tions of members. (1) The State FireMarshal may by order from time to timedesignate not more than seven regionswithin the state and establish regional ap-peal advisory boards for each of the desig-nated regions.

(2) Each regional appeal advisory boardshall consist of three regular members andthree alternate members appointed by theState Fire Marshal. A member or alternatemember of a regional appeal advisory boardshall receive no compensation for services asa member, but, subject to any other applica-ble law regulating travel and other expensesfor state offices, shall receive actual andnecessary travel and other expenses incurredin the performance of official duties. All ap-pointed members must be persons qualifiedby experience and training. At least onemember of each board must be a qualifiedarchitect who has practiced the professionfor at least two years. Appointments shall bemade for three-year terms. Any member maybe removed by the State Fire Marshal forcause. Upon the death, resignation or re-moval of any member, a successor shall beappointed by the State Fire Marshal to servethe balance of the unexpired term. No mem-

ber of a regional appeal advisory board shallsit in a case in which the member is inter-ested and if any such case comes before theboard, an alternate shall act in the place ofthe member. [1965 c.602 §7(1),(2); 2005 c.22 §354]

476.115 Functions of regional appealadvisory boards; reports submitted toboard. (1) Each regional appeal advisoryboard shall:

(a) Elect a chairperson to whom referralof any matter by the State Fire Marshalshall be effective as to all board members,and who shall call and preside over meetings.

(b) Consider, and make recommendationsto the State Fire Marshal concerning, anyapplication for adjustment or variance aris-ing within that region and referred to theboard by the State Fire Marshal within 15days after such referral. With relation to thereferred matter the board may hold a hearingand receive testimony. The recommendationsof the board shall be made in writing to theState Fire Marshal and shall be accompaniedby a summary of any testimony received, anydocumentary or physical evidence received,any affidavit submitted by applicant and asummary of any special facts found by theboard.

(c) Hear and consider, and make recom-mendations to the State Fire Marshal con-cerning, any appeal from an order madeappealable by law, within 15 days after re-ferral of such appeal to the board by theState Fire Marshal. Such recommendationsshall be accompanied by the same summariesand evidentiary matter as in the case of anapplication for adjustment or variance re-ferred to the board.

(d) Make recommendations to the StateFire Marshal concerning any matter referredto the board by the State Fire Marshal orconsidered by the board on its own motion,relating to fire prevention, protection fromfire or other safety measures.

(2) At the time of each appeals boardmeeting a deputy state fire marshal shallsubmit to the board a report containing thepertinent facts and the manner in which thestatutes or regulations apply to the case inpoint. [1965 c.602 §7(3)]

476.120 Minimum standards for pro-tection of life and property. The State FireMarshal, in making rules and regulations es-tablishing minimum standards for the pro-tection of life and property against fire, shallconsider as evidence of generally acceptedstandards the applicable standards prescribedfrom time to time by the National Fire Pro-tection Association. The State Fire Marshalmay request consideration and recommen-dations from the Department of Public SafetyStandards and Training before adopting any



such regulations. [1963 c.523 §4; 1967 c.417 §5; 1973c.667 §19; 1993 c.185 §28; 1997 c.853 §42]

476.130 Statistical reports; price; sale;deposit of proceeds. (1) The State FireMarshal may from time to time cause to beprepared statistical reports on the historyand condition of state fire defenses, and ananalysis of contributing factors of fire causesfor the period of the report. Such reportsmay be printed at the expense of the officeof the State Fire Marshal and sold at a pricenot to exceed cost of printing and distrib-ution. Receipts from the sale of such mate-rial shall be deposited with the StateTreasurer and shall be placed in the StateFire Marshal Fund.

(2) The State Fire Marshal may fix a saleprice for each copy of any publication of theoffice of the State Fire Marshal supplied toprivate persons interested therein, whensuch publication has been approved as pro-vided by law. [1965 c.602 §8]

INSPECTION PROCEDURES476.150 Entry and inspection of prem-

ises; interfering with or preventing entryprohibited. (1) The State Fire Marshal anddeputies, at all reasonable hours, may enterinto all buildings and upon all premises, ex-cept private residences, for the purpose ofinspection to ascertain if fire hazards existtherein or thereon. Owners of private resi-dences may request a fire inspection of theirproperty.

(2) No person shall interfere with or pre-vent any such inspection by such officers.

(3) When any person interferes with orprevents the State Fire Marshal or deputiesfrom making the inspection mentionedherein, the officer shall apply to the districtattorney of the county wherein the inspec-tion was made or attempted to be made, fora warrant for the arrest of the offendingperson, and it shall be the duty of such dis-trict attorney forthwith to prosecute suchoffending person. [Formerly 476.080]

476.155 When judges authorized to is-sue inspection warrants. Judges authorizedby law to issue search warrants, upon appli-cation of the State Fire Marshal, or deputiesor assistants of the State Fire Marshal, mayissue an inspection warrant whenever an in-spection or investigation of any building orpremises is required or authorized by anystate or local statute, ordinance or rule re-lating to fire cause investigation or firesafety inspection. [1987 c.362 §2]

476.160 Circumstances under whichwarrant may be issued. (1) An inspectionwarrant shall be issued only upon cause,

supported by affidavit, particularly describingthe applicant′s status in applying for thewarrant, the statute, ordinance or rule re-quiring or authorizing the inspection or in-vestigation, the place, building or premisesto be inspected or investigated and the pur-pose for which the inspection or investi-gation is to be made including the basis uponwhich cause exists to inspect. In addition,the affidavit shall contain either a statementthat entry had been sought and refused orfacts or circumstances reasonably showingthat the purposes of the inspection or inves-tigation might be jeopardized if entry weresought without an inspection warrant.

(2) Cause shall be deemed to exist in thefollowing circumstances:

(a) There is probable cause to believethat a condition of nonconformity with a firesafety standard or order exists;

(b) A fire has occurred in a building oron premises the cause of which has not beendetermined; or

(c) For the purpose of carrying out aroutine, periodic inspection. [1987 c.362 §3]

476.165 Establishing cause to issuewarrant; content. (1) Before issuing an in-spection warrant, the judge may examineunder oath the applicant or any other wit-ness to be satisfied of the existence ofgrounds for granting such application.

(2) If the judge is satisfied that cause forthe inspection or investigation exists andthat the other requirements for granting theapplication are satisfied, the judge shall issuethe warrant, particularly describing thename and title of the person or persons au-thorized to execute the warrant, the buildingor premises to be entered and the purpose ofthe inspection or investigation. The warrantshall contain a direction that it be executedas provided for in ORS 476.070 and 476.150.[1987 c.362 §4]

476.170 Execution of warrant. (1) Ex-cept as provided in subsection (2) of thissection, in executing an inspection warrant,the person authorized to execute the war-rant, before entry, shall make a reasonableeffort to present the person′s credentials, au-thority and purpose to an occupant or personin possession of the building or premises andpresent the warrant or a copy thereof.

(2) An inspection warrant must be exe-cuted and returned to the court by whom itwas issued within 10 days from its date, un-less such court before the expiration of suchtime, by indorsement thereon, extends thetime for five days. After the expiration of thetime prescribed by this subsection, the war-rant unless executed is void. [1987 c.362 §5]



INVESTIGATION OF FIRES; REPORTS476.210 Investigation of fires by mu-

nicipal officers and constables; reports;exemption. (1) The municipal fire marshals,fire department chiefs, constables and otherofficers referred to in ORS 476.060 shall in-vestigate the cause, origin and circumstancesof each fire occurring in their respective cit-ies, villages or townships, by which propertyhas been destroyed or damaged, and shallmake an investigation to determine whetherthe fire was the result of carelessness or de-sign. The investigation shall be commencedimmediately after the occurrence of the fire.The State Fire Marshal may superintend anddirect the investigation if the State FireMarshal deems it necessary.

(2) The fire chief of every city, or ruralfire protection district shall provide the StateFire Marshal with a full report of every fireoccurring within the jurisdiction of the firechief on a form provided or approved by theState Fire Marshal. Whenever the fire chiefof every city under 200,000 population findsany fire is of undetermined or suspicious or-igin or involves a death or serious injury, thefire chief shall immediately notify the StateFire Marshal or a deputy state fire marshaland shall assemble all known facts and cir-cumstances concerning the fire in an ap-proved report form and shall submit suchreport to the State Fire Marshal, or the dep-uty state fire marshal assigned to the terri-tory in which the fire originated. Whenevidence clearly indicates the cause of fireto be of incendiary origin, the fire chief shallalso immediately notify the state, county ormunicipal police agency.

(3) This section shall not apply to forest-lands under the jurisdiction of the StateForester. [Amended by 1965 c.602 §9; 1967 c.417 §6]

476.220 Report by officer investigatingfire; exemption. (1) The officer making aninvestigation of a fire occurring in a city,village or township shall forthwith notify theState Fire Marshal and, within one week ofthe occurrence of the fire, shall furnish theState Fire Marshal a written statement of allfacts relating to its cause and origin, andsuch other information as is required byforms provided by the State Fire Marshal.

(2) This section shall not apply to forest-land under the jurisdiction of the StateForester. [Amended by 1967 c.417 §7]

476.230 Taking statements of personsknowing facts. If in the opinion of the StateFire Marshal further investigation is neces-sary, the State Fire Marshal or deputy statefire marshal, with the assistance of the dis-trict attorney, shall then proceed to take orhave taken the statements of all personssupposed to be cognizant of any facts or who

have means of knowledge in relation to thematter concerning which the examination isrequired and have such statements reducedto writing.

476.240 Supplying information to andrequesting action by district attorney. Ifthe Superintendent of State Police or an au-thorized assistant is of the opinion that thereis evidence sufficient to charge a person witharson, burning with intent to defraud orprejudice the insurer, or a similar crime, theSuperintendent of State Police or authorizedassistant shall furnish the district attorneywith such evidence, with the names of wit-nesses and a copy of material testimonytaken in the case, and request the districtattorney to cause the arrest of such personor take such other action as the district at-torney deems necessary or advisable.[Amended by 1965 c.602 §10; 1967 c.417 §8]

476.250 District attorney summoningwitnesses and requiring production ofdocuments. The district attorney may at thediscretion of the district attorney, upon theapplication of the State Fire Marshal orchief deputy state fire marshal, issue a sub-poena to summon the attendance of wit-nesses before the district attorney to testifyin relation to any matter which by law is asubject of inquiry and investigation, and re-quire the production of any books, papers ordocuments the district attorney deems perti-nent to an investigation of or relating to ev-idence pertaining to the cause of a fire.[Amended by 1967 c.417 §9]

476.260 District attorney assisting in-vestigation of fires. The district attorneyof any county, upon request of the state,county or a municipal police agency, shallassist such officers in the investigation ofany fire which in their opinion is ofincendiary origin. [Amended by 1967 c.417 §10]

476.270 Insurance company reports ofsuspicious fires; inspection of company′srelevant information. (1) If an insurancecompany has reason to believe that a fireloss to its assured′s real or personal propertywas caused by incendiary means, the com-pany shall immediately make a report to theoffice of the State Fire Marshal. The reportshall indicate the name of the assured, thedate of the fire, location, occupancy, andfacts and circumstances coming to the com-pany′s knowledge, tending to establish thecause or origin of the fire.

(2) Any federal, state or local public offi-cial or authorized agent thereof having legalauthority to investigate a fire loss of real orpersonal property may request any insurancecompany to provide relevant information inits possession pertaining to that loss. Uponrequest, the company shall release such in-formation to the official who requests it. For



purposes of this subsection, “relevant infor-mation” means information having any tend-ency to make the existence of any fact thatis of consequence to the investigation moreprobable or less probable.

(3) In the absence of fraud or malice, noinsurance company or its authorized repre-sentative shall be liable for damages in acivil action or subject to criminal prose-cution for the release of information requiredby subsections (1) and (2) of this section.[Amended by 1967 c.417 §11; 1981 c.701 §2; 1985 c.686 §4]

EXTINGUISHING FIRES IN UNPROTECTED AREAS

476.280 Municipal fire departmentsand rural fire protection districts au-thorized to extinguish fires in unpro-tected areas. (1) The fire chief, or therepresentative of the fire chief, of any dulyorganized municipal or rural fire protectiondistrict may extinguish any uncontrolled firefound to be burning in any unprotected area,if:

(a) The governing body of the city or thedistrict board of the rural fire protectiondistrict, as the case may be, has authorizedthe fire chief and the representatives of thefire chief to extinguish uncontrolled firesthat are found to be burning in unprotectedareas situated outside of the boundaries ofthe city or district and that are causing ormay cause an undue jeopardy to life orproperty; and

(b) The fire chief or the representativeof the fire chief believes that such fire iscausing or may cause undue jeopardy to lifeor property.

(2) In extinguishing a fire pursuant tosubsection (1) of this section, the fire chiefand the representatives of the fire chief mayemploy the same means and resources usedby them to extinguish similar fires withintheir jurisdiction. [1971 c.683 §1]

476.290 Billing owner of property forcost of extinguishing fire; cost limited;collection; action for recovery of cost.Whenever a fire is extinguished pursuant toORS 476.280, the governing body of the cityor the district board of the rural fire pro-tection district that provided the fire sup-pression service may, on forms furnished bythe State Fire Marshal for such purposes,bill the owner of the property involved in thefire for the cost of providing the fire sup-pression service. The governing body of thecity or the district board of the rural fireprotection district that provided the fire sup-pression service may determine the cost ofproviding the fire suppression service by useof a state standardized-costs schedule as ap-proved by the State Fire Marshal. The cost

charged for providing the fire suppressionservice may not be greater than the pro ratacost that would have been charged by thecity or district for the performance by thecity or district of a similar fire suppressionservice within its jurisdiction. If the cost isnot paid within 30 days after the secondbilling, the governing body of the city or thedistrict board of the rural fire protectiondistrict that provided the fire suppressionservice may bring an action for the recoveryof the unpaid cost from the owner of the realproperty upon which the fire suppressionservice was rendered. [1971 c.683 §2; 2005 c.22 §355]

FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED

476.310 Zoning and rezoning of certainlands; hearing on petition of owners innonzoned territory; duty of landowner toprovide fire protection. (1) The governingbody of each county may, in cooperation withthe State Board of Forestry, zone and, as of-ten as necessary, rezone any lands within thecounty lying outside the boundaries of incor-porated cities, organized rural fire protectiondistricts, federal and state-owned lands, landsprotected under ORS chapter 477 and rail-road rights of way, except that railroadrights of way may be zoned or rezoned if theowners of such rights of way file their writ-ten consent with the governing body. Lands,when zoned or rezoned, shall be divided intotwo zones as follows:

(a) Zone 1 shall be composed of forest,range, grass or undeveloped lands, or any ofsuch lands intermingled with grazing andagricultural lands.

(b) Zone 2 shall be composed of rurallands not included in zone 1.

(2) During the season of the year whenthere is danger of fire, every owner of zone1 land shall provide adequate protectionagainst the starting or spread of fire thereonor therefrom, which protection shall meetwith the approval of the governing body ofthe county in which the zone 1 land is lo-cated.

(3) An owner shall be deemed to havecomplied with the requirements of subsection(2) of this section if, on January 1 of eachyear, the owner files with the governing bodyof the county a bona fide fire protection planthat meets with the approval of the countygoverning body. The governing body of thecounty, or its appointed representative, shallperiodically inspect the protection facilitiesprovided under such a plan in order to con-firm compliance by the owner.

(4) If any owner of zone 1 land fails orneglects to file a fire protection plan, or to



comply with the standard of protection ap-proved by the county governing body, thegoverning body shall provide for forest pro-tection pursuant to ORS 476.320.

(5) Nothing contained in ORS 476.310 to476.340 shall prevent interested propertyowners in any nonzoned territory from peti-tioning the governing body and State Boardof Forestry to hold a hearing on the matterof zoning the territory if a majority of thelandowners within the territory file such pe-tition. The governing body, cooperating withthe State Board of Forestry, shall give fullconsideration to the wishes of the landown-ers as shown by the hearing. [Amended by 1957c.432 §1; 1963 c.222 §1; 1965 c.253 §143; 1991 c.459 §415a;2005 c.22 §356]

476.320 Determination of form of fireprotection for lands in zone 1; costs. (1)The form of protection from fire for landslying in zone 1 shall be determined jointlyby the governing body of the county, theState Fire Marshal and the State Board ofForestry, which determination shall be re-duced to writing, signed by the officers of theagencies and entered in the journal of thegoverning body of the county.

(2) The authority of the State Board ofForestry may be extended to include the es-tablishment of forest protection on lands ly-ing within zone 1 for lands not subject to afire protection plan under ORS 476.310. Forsuch purposes the board of forestry maycontract with individuals, associations, agen-cies, corporations, rural fire protection dis-tricts, counties, cities, federal agencies, orany of them. The cost of protection in zone1 shall be assessed and collected in the samemanner as protection costs for lands pro-tected under ORS chapter 477.

(3) The moneys received by the StateBoard of Forestry under this section shall bepaid into the State Treasury and credited tothe State Forestry Department Account andshall be used exclusively for the purposesstated in this section.

(4) As used in this section, the “authorityof the State Board of Forestry” means theduties, obligations, requirements and penal-ties of ORS chapter 477. [Amended by 1957 c.83§5; 1965 c.253 §144; 1967 c.429 §53; 1981 c.362 §1; 1991c.459 §415b; 1999 c.355 §1]

476.330 Prevention and control of firesin zone 2; tax levy. (1) The county court orboard of county commissioners of any countymay prevent and control fire occurringwithin the limits of zone 2 in such county,and may for such purposes establish andmaintain fire fighting and fire control facili-ties and contract with existing fire controlagencies, either individuals, associations,corporations, cities or rural fire protectiondistricts. The State Fire Marshal, upon the

request of any county court or board ofcounty commissioners, shall meet with andadvise such county court or board of countycommissioners as to the establishment andmaintenance of fire fighting and fire pro-tection equipment and facilities.

(2) If the court or board establishes firefighting and fire protection equipment andfacilities, it shall not discontinue suchequipment and facilities until at least threeyears after notice of its intention to do sohas been first published in a newspaper con-sidered by the board to be of general circu-lation in the county. The notice shall bepublished by four insertions in the newspaperand 12 months shall elapse between each in-sertion.

(3) While the county court or board ofcounty commissioners of any county ismaintaining fire fighting and fire protectionequipment and facilities, the court or boardannually shall levy a tax upon the taxableproperty lying within zone 2 in the county,not to exceed one-fourth of one percent(0.0025) of the real market value of all taxa-ble property within the zone, computed inaccordance with ORS 308.207, for the pur-pose of furnishing such fire protection.

(4) The court or board of county commis-sioners, upon approval of the majority of theelectors of zone 2 voting at a special electioncalled for such a purpose, may levy a specialtax of not to exceed one-fourth of one per-cent (0.0025) of the real market value of alltaxable property within the zone, computedin accordance with ORS 308.207. This speciallevy may be in addition to the regular levyunder subsection (3) of this section.

(5) To carry into effect any of the powersgranted under this section, the court orboard, when authorized by a majority of thevotes cast by the electors of the zone votingat an election called for that purpose by thecourt or board, may borrow money and selland dispose of general obligation bonds,which bonds shall never in the aggregate ex-ceed one and one-fourth of one percent(0.0125) of the real market value of all taxa-ble property within the zone, computed inaccordance with ORS 308.207.

(6) The tax limitations provided in sub-sections (3) and (4) of this section do not ap-ply to taxes levied to pay principal orinterest on outstanding bonds. [Amended by1955 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]

476.340 Establishment of rural fireprotection districts in zone 2; exemptionfrom taxation of property included indistrict. Nothing contained in the provisionsof ORS 476.310 to 476.330 shall be construedto prohibit the establishment of rural fire



protection districts as provided by law withinthe boundaries of zone 2 as the same may beestablished in any county. In event of theorganization of a rural fire protection districtcomprising lands in zone 2, property includedwithin such fire protection district shall notthereafter be taxed or assessed under theprovisions of ORS 476.320 or 476.330.[Amended by 1955 c.262 §2; 1963 c.222 §2]

476.380 Fire permits; limitations uponburning; records. (1) No person, outside theboundaries of a rural fire protection districtor a forest protection district, shall cause orpermit to be initiated or maintained on theproperty of the person, or cause to be initi-ated or maintained on the property of an-other any open burning of commercial waste,demolition material, domestic waste, indus-trial waste, land clearing debris or fieldburning without first securing a permit fromthe county court or board of county commis-sioners.

(2) The county court or board of countycommissioners, or its designated represen-tative, shall prescribe conditions for issuanceof any permit and shall refuse, revoke orpostpone issuance of permits when necessaryto prevent danger to life or property or toprotect the air resources of this state. TheEnvironmental Quality Commission shall no-tify the State Fire Marshal of the type of andtime for burning to be allowed on each dayunder schedules adopted pursuant to ORS468A.570 and 468A.595. The State Fire Mar-shal shall cause all county courts and boardsof county commissioners or their designatedrepresentatives in the affected areas to benotified of the type of and time for burningto be allowed on each day and of any re-visions of such conditions during each day.The county court, board or representativeshall issue permits only in accordance withschedules of the Environmental QualityCommission adopted pursuant to this sectionand ORS 468A.555 to 468A.620 and 468A.992,476.990, 478.960 and 478.990 but may reducethe hours allowed for burning if necessary toprevent danger to life or property from fire.The State Fire Marshal may refuse or post-pone permits when necessary in the judg-ment of the State Fire Marshal to preventdanger to life or property from fire, notwith-standing any determination by the countycourt or board of county commissioners orits designated officer. Notwithstanding anyother provision of this subsection, for a per-mit for the propane flaming of mint stubble,the county court or board of county commis-sioners, or its designated representative mayonly prescribe conditions necessary to pre-vent the spread of fire or to prevent endan-gering life or property and may refuse,revoke or postpone permission to conduct the

propane flaming only when necessary to pre-vent danger to life or property from fire.

(3) Nothing in this section:(a) Requires permission for starting a

campfire in a manner otherwise lawful.(b) Relieves a person starting a fire from

responsibility for providing adequate pro-tection to prevent injury or damage to theproperty of another. If such burning resultsin the escape of fire and injury or damage tothe property of another, such escape anddamage or injury constitutes prima facie evi-dence that the burning was not safe.

(c) Relieves a person who has obtainedpermission to start a fire, or the agent of theperson, from legal liability for property dam-age resulting from the fire.

(d) Permits an act within a city or re-gional air quality control authority area thatotherwise is unlawful pursuant to an ordi-nance of the city or rule, regulation or orderof the regional authority.

(4) The county court or board of countycommissioners shall maintain records of allpermits and the conditions thereof, if any,that are issued under this section and shallsubmit at such times, as the EnvironmentalQuality Commission shall require such re-cords or summaries thereof to the commis-sion. The Environmental Quality Commissionshall provide forms for the reports requiredunder this subsection. [1967 c.420 §3; 1969 c.613§2; 1971 c.563 §8; 1973 c.835 §164; 1975 c.635 §2; 1991 c.920§21; 1997 c.473 §5]

STANDARDIZATION OF FIREPROTECTION EQUIPMENT

476.410 Standard thread hose cou-plings and hydrant fittings required. Allequipment for fire protection purposes pur-chased by state and municipal authorities, orany other authorities having charge of publicproperty, shall be equipped with the standardthread for fire hose couplings and hydrantfittings as adopted by the State Fire Marshalunder ORS 476.030. Prior to adopting anysuch standard, the State Fire Marshal mayrequest from the Department of Public SafetyStandards and Training consideration of andrecommendations regarding the standard.[Amended by 1963 c.523 §8; 1973 c.667 §20; 1993 c.185 §29;1997 c.13 §2; 1997 c.853 §43]

476.420 Standardization of existing fireprotection equipment; exemption. Thestandardization of existing fire protectionequipment in this state shall be arranged forand carried out by or under the direction ofthe State Fire Marshal who may proceed tomake the changes necessary to standardizeall existing fire protection equipment in thisstate. Prior to making any such change, theState Fire Marshal may request from the



Department of Public Safety Standards andTraining consideration of and recommen-dations regarding the change. The State FireMarshal shall provide the appliances neces-sary for carrying on this work and shallproceed with such standardization as rapidlyas possible and complete such work at theearliest date circumstances will permit.However, the State Fire Marshal may ex-empt from standardization special purposefire equipment and existing fire protectionequipment when it is established that suchequipment is not essential to the coordi-nation of public fire protection operations.The provisions of this section and ORS476.440 shall not apply to fire protectionequipment used under authority of ORSchapters 477 and 526. [Amended by 1965 c.602 §11;1973 c.667 §21; 1993 c.185 §30; 1997 c.13 §3; 1997 c.853 §44]

476.430 Changing private equipment.The State Fire Marshal shall notify indus-trial establishments and property ownershaving equipment for fire protection pur-poses, which may be necessary for a fire de-partment to use in protecting the propertyor putting out fire, of the changes necessaryto bring their equipment up to the require-ments of the standard established and shallrender them such assistance as may beavailable in converting their defective equip-ment to standard requirements.

476.440 Sale of nonstandard equipmentprohibited; exemption. No person shall sellor offer for sale in Oregon any fire hose,hydrant, fire engine or other equipment forfire protection purposes unless such equip-ment is fitted and equipped with the standardthread for fire hose couplings and hydrantfittings as has been adopted by the State FireMarshal under ORS 476.030. Fire equipmentfor special purposes, research programs orspecial features of fire protection equipmentfound appropriate for uniformity within aparticular protection area, may be exemptedfrom this requirement by order of the StateFire Marshal. [Amended by 1963 c.523 §9; 1965 c.602§12]

PROTECTION OF LIFE AND PROPERTY FROM FIRE

IN CASE OF EMERGENCY476.510 Short title. ORS 476.510 to

476.610 shall be known as the EmergencyConflagration Act.

476.515 Other officers authorized toact when Governor unavailable. If theGovernor is unavailable to make timely ex-ercise of the authority under ORS 476.510 to476.610, the Superintendent of State Policemay exercise such authority, and if that in-dividual is unavailable the State Fire Mar-shal may exercise such authority. Anyorders, rules or regulations issued by the

Superintendent of State Police or the StateFire Marshal pursuant to this section havethe same force and effect as if issued by theGovernor. [1979 c.76 §5; 1987 c.414 §81; 1993 c.186 §2]

476.520 Governor authorized to assignfire-fighting forces and equipment. TheGovernor may assign and make available foruse and duty in any county, city or district,under the direction and command of an offi-cer designated by the Governor for the pur-pose, any part of the fire-fighting forces andequipment of any fire-fighting organization inthis state other than an organization thatpossesses only one self-propelled pumpingunit. The Governor may make fire-fightingforces and equipment available under thissection in response to fire, a heighteneddanger of fire or a significant reduction inavailable fire-fighting resources. [Amended by2005 c.16 §1]

476.530 Chief executive of politicalsubdivision to assign forces and equip-ment; federal equipment. The chief execu-tive of any county, city or fire protectiondistrict or the head of any fire departmentof any political subdivision, including agen-cies of this state, if so ordered by the Gov-ernor, shall assign and make available forduty and use in any county, city or fire dis-trict under the direction and command ofsuch officer as may be designated by theGovernor for the purpose, any part of thefire-fighting forces and equipment under thecontrol of the chief executive or the head ofthe fire department, provided that any equip-ment made available by loan, or otherwise,to any county, city or fire district or thisstate by the United States or any agencythereof, shall at all times be subject to theorder of the United States or such agency inaccordance with the terms and conditionsupon which the equipment is made available.[Amended by 1961 c.626 §1; 1979 c.76 §1]

476.540 Powers and duties of fire-fighting forces. Whenever the fire-fightingforces of any county, city or fire district arerendering outside aid pursuant to ORS476.520 or 476.530, the officers and membersof such fire-fighting forces shall have thesame powers, duties, rights, privileges andimmunities as though they were performingtheir duties in the political subdivision inwhich they are normally employed.

476.550 Loss or damage to equipment.When any equipment is used pursuant toORS 476.520 or 476.530 the state shall be li-able for any loss thereof or damage theretoand shall pay any expense incurred in theoperation or maintenance thereof. No claimfor any such loss, damage or expense shallbe allowed unless, within 60 days after it hasbeen sustained or incurred, or within suchextension of such time as may have been ob-



tained from the Department of State Police,an itemized notice of such claim, under oath,is served by mail or personally upon the De-partment of State Police and such loss, dam-age or expense shall be payable from theEmergency Fund of the state. [Amended by 1979c.76 §2; 1993 c.186 §3]

476.560 Reimbursement for aid. When-ever aid is supplied pursuant to ORS 476.520to 476.590, the state shall reimburse the pol-itical subdivision supplying such aid for thecompensation paid to employees supplied un-der ORS 476.520 to 476.590 during the timethe rendition of such aid prevents them fromperforming their duties in the political sub-division by which they are employed andshall defray the actual traveling and mainte-nance expenses of such employees while theyare rendering such aid. “Employee” as usedherein means, and the provisions of ORS476.520 to 476.610 apply with equal effect to,all firefighters, whether paid, volunteer orcall. [Amended by 1991 c.67 §145]

476.570 Appointment of substitutefirefighters; recall of off-duty firefighters.Substitute firefighters or recalled off-dutyfirefighters within any county, city or firedistrict from which regular firefighters aretaken under the provisions of ORS 476.530,not exceeding the number of regular fire-fighters, may be recalled or appointed by thesame persons authorized by law to appointregular firefighters, provided that substitutefirefighters appointed shall not be subject tothe requirements of the civil service law orrules and that such substitute firefightersshall not be entitled to any pension or re-tirement rights or privileges. The substitutefirefighters appointed under this section shallhave the powers, functions and duties ofregular firefighters. Their compensation shallnot be greater than the lowest rate of pay forregular firefighters. Persons appointed assubstitute firefighters shall exercise theirpowers, functions and duties only whencalled upon, during the period all, or anypart, of the regular fire-fighting forces of anycounty, city or fire district are renderingoutside aid pursuant to ORS 476.520 or476.530, and for no longer than two days af-ter the return to duty of the part of the reg-ular fire-fighting forces for which they aresubstituting. Compensation for recalled off-duty firefighters and substitute firefightersand any allowable expense necessarily in-curred by them in the performance of theirduties shall be charged against the county,city or fire district for which they were ap-pointed and shall be audited, allowed andpaid as other charges against it are audited,allowed and paid, and shall be subject to re-imbursement by the state as provided in ORS476.550 and 476.560. [Amended by 1979 c.76 §3; 1991c.67 §146]

476.574 Leave of absence for volun-teers; employment rights. (1) Upon requestof an employee who is a volunteer firefighterof a rural fire protection district or a fire-fighter employed by a city or a privatefirefighting service to perform service pursu-ant to ORS 476.510 to 476.610, the employee,upon written notice by the employer, may begranted a leave of absence by the employeruntil release from such service permits theemployee to resume the duties of employ-ment.

(2) The regular employment position ofan employee on leave of absence under thissection shall be considered vacant only forthe period of the leave of absence. The em-ployee shall not be subject to removal ordischarge from such position as a conse-quence of the leave of absence.

(3) Upon the termination of a leave ofabsence under this section, the employeeshall be restored to the employee′s positionor an equivalent position by the employerwithout loss of seniority, vacation credits,sick leave credits, service credits under apension plan or any other employee benefitor right that had been earned at the time ofthe leave of absence.

(4) An employer is not required to paywages or other monetary compensation to anemployee during a leave of absence undersubsection (1) of this section.

(5) As used in this section:(a) “Employee” means any individual,

other than a copartner of the employer or anindependent contractor, who renders per-sonal services in this state to an employerwho pays or agrees to pay wages or othercompensation to the individual for those ser-vices.

(b) “Employer” means any person whoemploys one or more employees in this state.The term includes the State of Oregon or anycounty, city, district, authority, public corpo-ration or entity and any of their instrumen-talities organized and existing under law orcharter, but does not include the federalgovernment. [1997 c.266 §2]

Note: 476.574 and 476.576 were added to and madea part of 476.510 to 476.610 by legislative action butwere not added to any smaller series therein. See Pre-face to Oregon Revised Statutes for further explanation.

476.576 Violation of job restorationrights of volunteers as unlawful employ-ment practice. (1) Any violation of ORS476.574 by an employer is an unlawful em-ployment practice.

(2) Complaints alleging a violation ofORS 476.574 may be filed by employees withthe Commissioner of the Bureau of Laborand Industries. The commissioner shall en-force ORS 476.574 in the manner provided in



ORS chapter 659A for the enforcement ofother unlawful employment practices.

(3) Any person claiming to be aggrievedby a violation of ORS 476.574 may bring acivil action in the manner provided in ORS659A.885. [1997 c.266 §3; 2001 c.621 §81]

Note: See note under 476.574.

476.580 Orders, rules and regulations.The Governor may make, amend and rescindsuch orders, rules and regulations as arenecessary or advisable to carry out the pro-visions of ORS 476.530 and 476.540. Any or-der issued by the Governor in relation tocarrying out the provisions of ORS 476.520to 476.610 may be either written or oral. Ifwritten, a copy thereof shall be filed in theoffice of the Secretary of State and anothercopy dispatched forthwith to the chief exec-utive of any county, city or fire protectiondistrict affected. Immediately thereafter suchorder, rule or regulation shall be in effect.Oral orders may be made by the Governorwhen in the opinion of the Governor theemergency is such that delay in issuing awritten order would be dangerous to thewelfare of the people of the state. However,written copies of such oral order shall befiled and dispatched as soon after issuingsuch oral order as is conveniently possible inthe manner above provided for written or-ders.

476.590 Preparation of plans by StateFire Marshal; advice and counsel to Gov-ernor. The State Fire Marshal shall prepareplans for the effective carrying out of theprovisions of ORS 476.520 to 476.610 andprovide advice and counsel to the Governorfor the most practical utilization under ORS476.520 to 476.610 of the fire-fighting re-sources of this state. [Amended by 2005 c.16 §2]

476.600 Liability for injury to personor property. Neither the state nor anycounty, city or fire district or other politicalsubdivision nor any firefighter acting as theagent of any of the foregoing is liable for anyinjury to person or property resulting fromthe performance of any duty imposed by theauthority of ORS 476.520 to 476.590. In car-rying out the provisions of ORS 476.520 to476.590 or while acting within the scope ofany duty imposed by authority of the pro-visions of ORS 476.520 to 476.590, no personshall incur civil liability. A person does not,however, escape full liability for injury toperson or property resulting from willfulmisconduct or gross negligence of the person.[Amended by 1991 c.67 §147; 2005 c.22 §357]

476.610 Payment of claims. The stateshall draw warrants on the State Treasurerfor the payment of all duly approved claimslawfully incurred in pursuance of ORS476.520 to 476.600. [Amended by 1983 c.740 §189;1993 c.186 §5]

GOVERNOR′S FIRE SERVICE POLICY COUNCIL

476.680 Governor′s Fire Service PolicyCouncil; membership; terms; duties. (1)There is created the Governor′s Fire ServicePolicy Council. The council shall include thefollowing nonvoting ex officio members:

(a) The Superintendent of State Police,or a designee thereof experienced in theoversight of Department of State Police ac-tivities relating to the office of the State FireMarshal; and

(b) The Director of the Department ofPublic Safety Standards and Training, or adesignee thereof.

(2) The State Fire Marshal shall serve asexecutive director of the council, but is nota member. The council shall meet at leastquarterly. The council shall select a chair-person and vice chairperson at the firstcouncil meeting of each odd-numbered year.The council may elect additional officers asthe council determines to be reasonable andnecessary.

(3) In addition to the ex officio membersidentified in subsection (1) of this section,the Governor may designate a representativeof the Governor to serve as a nonvotingmember. The Governor may also appoint notmore than nine members to serve on thecouncil for three-year terms. Initial terms ofthe appointed members may be adjusted topromote council stability. An appointedmember may not serve more than two con-secutive terms. A member appointed by theGovernor must be a representative of one ofthe following:

(a) The Oregon Fire Chiefs′ Associationor a successor or other organization repres-enting fire chiefs.

(b) The Oregon Fire District Directors′Association or a successor or other organ-ization representing fire district directors.

(c) The Oregon Fire Marshals Associ-ation or a successor or other organizationrepresenting fire marshals.

(d) Property and casualty insurance pro-viders.

(e) Employees of the office of the StateFire Marshal.

(f) The Oregon State Fire Fighters Coun-cil or a successor or other organization re-presenting professional firefighters.

(g) The Oregon Volunteer Fire Fighters′Association or a successor or other organ-ization representing volunteer firefighters.

(h) The League of Oregon Cities or asuccessor or other organization representingmunicipalities.

(i) The general public.



(4) Notwithstanding the term of officespecified in subsection (3) of this section, theinitial term of a member appointed by theGovernor may be adjusted to limit the num-ber of member terms expiring in the sameyear.

(5) To the extent funding is availablefrom moneys appropriated to the office of theState Fire Marshal, a member of the councilis entitled to compensation and expenses asprovided in ORS 292.495.

(6) The council shall advise the Governorand the Superintendent of State Police onfire policy issues and serve in an advisorycapacity to the State Fire Marshal on strat-egies for the implementation of fire and lifesafety issues. The council may initiate adviceto the State Fire Marshal, the Superinten-dent of State Police and the Governor on anymatter related to the mission of the council.The council may not participate in the dis-cussion of traditional labor relations issues.

(7) The office of the State Fire Marshalshall provide staff services to the council. Allagencies, departments and officers of thisstate are directed to assist the council in theperformance of its functions and to furnishinformation and advice as the council con-siders necessary. [2001 c.647 §1]

Note: 476.680 and 476.685 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 476 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

476.685 Biennial reports. The Gover-nor′s Fire Service Policy Council shall pro-vide a biennial report to the Governor andthe Superintendent of State Police on theoverall performance of the office of the StateFire Marshal. The report shall identify sig-nificant successes and improvement opportu-nities. [2001 c.647 §2]


MISCELLANEOUS PROVISIONS476.710 Setting fires adjacent to

structures or timber on ocean shore pro-hibited; exceptions. No person shall set orpermit any fire on the Pacific Ocean shore,declared to be a state recreation area underORS 390.615, adjacent to any structure orany timber or forest area except pursuant torule, regulation or permit of or from theState Parks and Recreation Department.[Amended by 1965 c.368 §7; 1989 c.904 §65]

476.715 Throwing away of lightedmatches, cigarettes and other materialsprohibited; posting copy of section inpublic conveyances. No one shall, at anytime, throw away any lighted tobacco, cigars,cigarettes, matches or other lighted material,on any forestland, private road, public high-

way or railroad right of way within thisstate. Everyone operating a public convey-ance shall post a copy of this section in aconspicuous place within the smoking com-partments of such conveyance. [Formerly477.164]

476.720 Certain remedial statutes tobe construed liberally. ORS 476.010 to476.090, 476.155 to 476.170, 476.210 to 476.270,476.990 (1), 479.140 and 479.168 to 479.190 areremedial in nature and shall be construedliberally.

476.730 Notice prior to release or afterescape of arsonist from state institution.(1) The superintendent of each Departmentof Corrections institution of this state andof each institution for persons with mentalillness shall, prior to the release, or imme-diately after the escape, from such institu-tion of any person committed to suchinstitution for arson or arsonist activity, no-tify the State Fire Marshal and the Depart-ment of State Police except that such noticeshall not be required when such persons areon approved leave from such institutions forperiods of not to exceed 10 days. The noticeshall state the name of the person to be re-leased or who has escaped, the county inwhich the person was convicted or fromwhich the person was committed and, ifknown, the address or locality at which theperson will reside.

(2) Promptly upon receipt of the notice,the State Fire Marshal and the Departmentof State Police shall notify respectively thefire departments and rural fire protectiondistricts who maintain full-time personneland the sheriff and police departments of thecounty in which the person was convicted orfrom which the person was committed andthe county, if known, in which the personwill reside. [1957 c.245 §§1,2; 1959 c.26 §1; 1965 c.602§16; 1987 c.320 §237; 2007 c.70 §271]

476.740 [1967 c.417 §12; repealed by 1971 c.743 §432]476.750 [1967 c.417 §14; repealed by 1971 c.743 §432]

REDUCED IGNITION PROPENSITYCIGARETTES

476.755 Definitions for ORS 476.755 to476.790 and 476.995. As used in ORS 476.755to 476.790 and 476.995:

(1) “Cigarette” means a roll for smoking:(a) That is made wholly of tobacco, or of

tobacco and any other substance, regardlessof size, shape or flavoring or adulteration byor mixing with other ingredients, the wrap-per of which is made of paper or other non-tobacco materials; and

(b) That, because of its appearance, thetype of tobacco used in the filler or itspackaging and labeling, is likely to be offeredto or purchased by consumers as a cigarette.



(2) “Distribute” means to do any of thefollowing:

(a) Sell cigarettes or deliver cigarettesfor sale by another person to consumers.

(b) Receive or retain more than 199 ciga-rettes at a place of business where the per-son receiving or retaining the cigarettescustomarily sells cigarettes or offers ciga-rettes for sale to consumers.

(c) Place cigarettes in vending machines.(d) Sell or accept orders for cigarettes

that are to be transported from a point out-side this state to a consumer within thisstate.

(e) Buy cigarettes directly from a man-ufacturer or wholesale dealer for resale inthis state.

(f) Give cigarettes as a sample, prize, giftor other promotion.

(3) “Manufacturer” means:(a) An entity that produces, or causes the

production of, cigarettes for sale in thisstate;

(b) An importer or first purchaser of cig-arettes that intends to resell within thisstate cigarettes that were produced for saleoutside this state; or

(c) A successor to an entity, importer orfirst purchaser described in paragraph (a) or(b) of this subsection.

(4) “Packaging” includes, but is not lim-ited to, cigarette soft packs, boxes, cartonsand cases.

(5) “Quality control and assurance pro-gram” means laboratory procedures imple-mented to ensure that operator bias,systematic and nonsystematic methodologicalerrors and equipment-related problems do notaffect the results of testing.

(6) “Reduced ignition propensity” meansmeeting the fire safety performance standarddescribed in ORS 476.770 (6).

(7) “Repeatability” means the range ofvalues within which the repeat results of ig-nition propensity testing by a single labora-tory will fall 95 percent of the time.

(8) “Retail dealer” means a person, otherthan a manufacturer or wholesale dealer,that engages in distributing cigarettes.

(9) “Sell” means to transfer, or agree totransfer, title or possession for a monetaryor nonmonetary consideration.

(10) “Variety” means a type of cigarettemarketed by the manufacturer as being dis-tinct from other types of cigarettes on thebasis of brand name, length, filter, wrapping,flavoring or other characteristics as theState Fire Marshal may provide by rule.

(11) “Wholesale dealer” means a personthat distributes cigarettes to:

(a) A retail dealer or other person forresale; or

(b) A person that owns, operates ormaintains cigarette vending machines onpremises owned or operated by another per-son. [2007 c.34 §1]

Note: 476.755 to 476.806 and 476.995 were enactedinto law by the Legislative Assembly but were notadded to or made a part of ORS chapter 476 or any se-ries therein by legislative action. See Preface to OregonRevised Statutes for further explanation.

476.760 Prohibition against distribut-ing or offering certain cigarettes; im-proper packaging markings; seizure andforfeiture; interagency agreements; in-spections; rules. (1) A person may not dis-tribute or offer to sell a cigarette within thisstate unless the cigarette is of a variety theState Fire Marshal has determined to havereduced ignition propensity.

(2) Cigarette packaging may not bear amarking or other device identifying thepackaged cigarettes as having reduced ig-nition propensity other than a packagingmarking approved for use with those ciga-rettes by the State Fire Marshal under ORS476.785. This subsection does not apply if thecigarettes are in interstate commerce andnot intended for distribution in this state.

(3) The State Fire Marshal, an authorizedrepresentative of the State Fire Marshal orany law enforcement agency may imme-diately seize and subject to forfeiture anycigarettes distributed or offered for sale inviolation of subsection (1) of this section andany packaging, and cigarettes contained inthat packaging, that violates subsection (2)of this section. The State Fire Marshal shalldestroy cigarettes and packaging seized andforfeited under this subsection. However,prior to destroying cigarettes or packagingseized under this subsection, the State FireMarshal shall allow the true holder of thetrademark rights in the cigarette variety toinspect the cigarettes and packaging.

(4) The State Fire Marshal may enterinto a cooperative agreement with any stateor local agency that allows the agency to actas an authorized representative of the StateFire Marshal for enforcement purposes underthis section.

(5)(a) The State Fire Marshal or an au-thorized representative, upon oral or writtendemand, may inspect the inventory of ciga-rette manufacturers, wholesale or retaildealers and transporters as the State FireMarshal or an authorized representativedeems necessary to ensure compliance withthis section. The State Fire Marshal mayadopt rules to require reports, in a form pre-scribed by the State Fire Marshal, by ciga-



rette manufacturers, wholesale or retaildealers and transporters for the purpose ofensuring compliance with this section.

(b) As used in this subsection, “transpor-ter” has the meaning given that term in ORS323.010. [2007 c.34 §2]


476.765 Imposition of civil penalties;bringing of actions. (1) The State FireMarshal shall impose civil penalties underORS 476.995 in the manner provided by ORS183.745.

(2) The Attorney General may bring anaction at the request of the office of theState Fire Marshal, in the name of the state,seeking:

(a) Injunctive relief to prevent or end aviolation of ORS 476.760;

(b) To recover civil penalties imposedunder ORS 476.995; or

(c) To recover attorney fees and otherenforcement costs and disbursements. [2007c.34 §4]


476.770 Determination of cigarette va-riety ignition propensity; reduced ignitionpropensity standard; listing; cigarette de-sign; rules. (1) For each variety of cigarettesold or proposed for sale in this state, theState Fire Marshal shall determine whetherthat variety of cigarette has reduced ignitionpropensity.

(2) Any cigarette variety certified by amanufacturer under ORS 476.780 shall bedetermined to have reduced ignition propen-sity.

(3) Except as provided in this section, ig-nition propensity testing certified, conductedor accepted by a manufacturer or the StateFire Marshal must be performed using ASTMInternational specification E2187-04, Stan-dard Test Method for Measuring the IgnitionStrength of Cigarettes. The ignition propen-sity testing must be conducted on 10 layersof filter paper. Forty replicate tests shallconstitute a complete test trial for each cig-arette variety tested. The fire safety per-formance standard described in subsection (6)of this section applies only to a completedtest trial.

(4) The State Fire Marshal may adopt anignition propensity testing method developedby ASTM International as a modification orreplacement of the method designated bysubsection (3) of this section if the State FireMarshal, by rule, deems the modified or re-placement method acceptable for determiningcigarette fire safety. However, the State Fire

Marshal may not adopt a modified or re-placement method that in repeated testingresults in a change in the percentage of cig-arettes exhibiting full-length burns from thepercentage produced on the same variety ofcigarettes by use of the ASTM E2187-04method or that otherwise affects the abilityof the cigarette to meet the fire safety per-formance standard described in subsection (6)of this section.

(5) If the State Fire Marshal determinesthat ignition propensity testing cannot beperformed on a cigarette using a method de-scribed in subsection (3) or (4) of this sec-tion, the manufacturer may propose analternative testing method and an alternativefire safety performance standard for the va-riety. If the State Fire Marshal approves thealternative testing method and determinesthat the alternative fire safety performancestandard is equivalent to the fire safety per-formance standard described in subsection (6)of this section, the manufacturer may use thealternative testing method and the alterna-tive fire safety performance standard for thepurpose of certifying the variety of cigaretteunder ORS 476.780. Except as provided underthe approved alternative testing method andthe alternative fire safety performance stan-dard, a cigarette variety described in thissubsection remains subject to ORS 476.755 to476.790 and 476.995.

(6) For a cigarette variety to be declaredto have reduced ignition propensity, no morethan 25 percent of the cigarettes in a com-plete test trial conducted in accordance withan ignition propensity testing method de-scribed in this section shall exhibit full-length burns.

(7) The State Fire Marshal shall issue,keep current and make available to the pub-lic a list of the cigarette varieties the StateFire Marshal has determined to have reducedignition propensity.

(8) A cigarette listed in a certificationunder ORS 476.780 that uses loweredpermeability bands in the cigarette paper toachieve compliance with the fire safety per-formance standard described in subsection (6)of this section must have at least two nomi-nally identical bands on the paper surround-ing the tobacco column. If the bands are notpositioned on the cigarette by design, at leastone complete band must be at least 15 milli-meters from the lighting end of the cigarette.If the bands are positioned on the cigaretteby design, the cigarette must have at least



two bands that are entirely located at least15 millimeters from the lighting end and:

(a) If the cigarette is filtered, that arelocated at least 10 millimeters from the filterend of the tobacco column; or

(b) If the cigarette is nonfiltered, that arelocated at least 10 millimeters from the la-beled end of the tobacco column. [2007 c.34 §5]


476.775 Laboratories; ignition propen-sity testing. (1) A laboratory that conductsignition propensity testing for purposes ofORS 476.770 must have a quality control andassurance program. The program shall bedesigned to ensure the testing repeatabilityvalue for all test trials used to certify a cig-arette variety. The repeatability value of ig-nition propensity testing may not be greaterthan 0.19.

(2) Ignition propensity testing used in amanufacturer certification submitted underORS 476.780 must be conducted in a labora-tory that has been accredited under:

(a) The ISO/IEC 17025 standard of theInternational Organization for Standardi-zation, as amended and in effect on April 17,2007; or

(b) A standard recognized in State FireMarshal rules as comparable to prevailinginternational accreditation standards. [2007c.34 §6]


476.780 Cigarette variety certificationby manufacturer; retesting; record re-tention; unfavorable determination byState Fire Marshal. (1) A manufacturershall submit a written certification attestingthat each variety of cigarette listed in thecertification has been subjected to ignitionpropensity testing described in ORS 476.770and meets the fire safety performance stan-dard described in ORS 476.770 (6).

(2) The certification shall provide thefollowing information for each variety ofcigarette listed:

(a) The brand name shown on the ciga-rette packaging.

(b) The style, such as light or ultralight.(c) The length in millimeters.(d) The circumference in millimeters.(e) The flavor, such as menthol or choco-

late, if applicable.(f) Whether the cigarette is filtered or

nonfiltered.(g) A packaging description, such as soft

pack or box.(h) A description of the packaging mark-

ing approved by the State Fire Marshal un-der ORS 476.785.

(i) The name, address and telephonenumber of the laboratory conducting the ig-nition propensity testing, if other than thelaboratory of the manufacturer.

(j) The date of the ignition propensitytesting.

(3) The certification of a cigarette varietyis valid for three years from the date of re-ceipt by the State Fire Marshal.

(4) If the manufacturer certifies a ciga-rette variety and later makes any changethat is likely to alter the cigarette variety′scompliance with the fire safety performancestandard described in ORS 476.770 (6), beforedistributing the changed cigarette variety inthis state the manufacturer shall retest theignition propensity of that variety. Notwith-standing subsection (3) of this section, amanufacturer may not sell a cigarette varietydescribed in this subsection unless that vari-ety continues to meet the fire safety per-formance standard described in ORS 476.770(6).

(5) A manufacturer shall retain copies ofall ignition propensity test data for cigarettevarieties listed in the certification, includingany retesting performed under subsection (4)of this section. The manufacturer shall retainthe test data for not less than three years.The manufacturer shall provide copies of thetest data upon request to the State FireMarshal and to the Attorney General. Fail-ure of a manufacturer to provide copies ofignition propensity test data requested by theState Fire Marshal or the Attorney Generalcreates a rebuttable presumption that a cig-arette variety does not meet the fire safetyperformance standard described in ORS476.770 (6).

(6) The State Fire Marshal may deter-mine that a cigarette variety certified underthis section does not have reduced ignitionpropensity only if:

(a) The test data provided to the StateFire Marshal by the manufacturer demon-strate that the cigarette variety does notmeet the fire safety performance standarddescribed in ORS 476.770 (6); or

(b) The State Fire Marshal conducts ig-nition propensity testing on the cigarette va-riety and the test results demonstrate thatthe cigarette variety does not meet the firesafety performance standard described inORS 476.770 (6).

(7) Ignition propensity testing by theState Fire Marshal under subsection (6) ofthis section shall be conducted in accordancewith the testing requirements applicable tomanufacturers by a laboratory meeting therequirements described under ORS 476.775.



(8) Upon a determination by the StateFire Marshal under subsection (6) of thissection, the State Fire Marshal may seek theremedies described in ORS 476.765. [2007 c.34§7]


476.785 Cigarette packaging markings.(1) A manufacturer shall place a single typeof marking on all packaging for cigarettes ofthe manufacturer sold in this state to indi-cate that cigarettes of the manufacturer soldin this state meet the fire safety performancestandard established in ORS 476.770 (6).

(2) A manufacturer shall submit to theState Fire Marshal a proposal for markingcigarette packaging. The proposed markingmust be in an eight-point font or larger andconsist of one of the following:

(a) Modification of the universal productcode to indicate a visible mark printed at oraround the universal product code. The markmay consist of alphanumeric or symboliccharacters permanently printed, stamped, en-graved or embossed in conjunction with theuniversal product code.

(b) A visible combination of alphanu-meric or symbolic characters permanentlystamped, engraved or embossed upon thepackaging or cellophane wrapping.

(c) Printed, stamped, engraved orembossed text indicating that the cigarettesmeet the fire safety performance standardestablished in ORS 476.770 (6).

(3) The State Fire Marshal shall approveor disapprove the proposal for packagingmarking. In determining whether to approveor disapprove a proposal for packagingmarking, the State Fire Marshal:

(a) Shall give preference to packagingmarking that is consistent with the packag-ing marking in use and approved for thatcigarette variety in the State of New York;and

(b) Shall approve packaging marking thatbears the letters “FSC.”

(4) A proposal for packaging marking isapproved unless the State Fire Marshal dis-approves the proposal on or before the 10thday after receipt. The approved packagingmarking may be used for the cigarette vari-ety upon receipt by the State Fire Marshalof the manufacturer certification for that va-riety under ORS 476.780.

(5) A manufacturer may not modify theapproved packaging marking unless the mod-ification has been submitted to and approvedby the State Fire Marshal. [2007 c.34 §8]


476.790 Providing copies of cigarettecertification and illustration of packagingmarkings. (1) A manufacturer selling ciga-rettes to a wholesale dealer in this stateshall provide the wholesale dealer with acopy of the certification for those cigarettessubmitted to the State Fire Marshal underORS 476.780. The manufacturer shall alsoprovide the wholesale dealer with copies ofan illustration of the packaging marking re-quired under ORS 476.785. The manufacturershall supply copies of the illustration to thewholesale dealer in sufficient number to al-low one copy for each retail dealer receivingthe cigarettes from the wholesale dealer.

(2) A wholesale dealer shall provide acopy of the illustration described in subsec-tion (1) of this section to each retail dealerthat receives cigarettes of the manufacturerfrom the wholesale dealer. A wholesaledealer is not required to provide a retaildealer of the cigarettes of a manufacturerwith more than one copy of the illustrationfor that manufacturer. [2007 c.34 §9]


476.795 Interpretation of ORS 476.755to 476.790 and 476.995. The interpretationsgiven to the New York Fire Safety Standardsfor Cigarettes (Part 429, Title 19, New YorkEnvironmental Conservation Rules and Reg-ulations) shall be persuasive authority in theinterpretation of ORS 476.755 to 476.790 and476.995. [2007 c.34 §12]


476.800 [1973 c.667 §1; 1977 c.104 §3; renumbered476.055]

476.801 Cigarette varieties not subjectto ORS 476.755 to 476.790 and 476.995. ORS476.755 to 476.790 and 476.995 do not applyto any cigarette variety that the State FireMarshal determines is subject to a federallaw that imposes a cigarette fire safety per-formance standard that is at least as strictas the standard imposed under ORS 476.770.[2007 c.34 §13]


476.805 [1973 c.667 §2; 1985 c.118 §5; repealed by 1993c.185 §34]

476.806 Cigarette Fire Safety Fund. (1)The Cigarette Fire Safety Fund is establishedin the State Treasury, separate and distinctfrom the General Fund. The Cigarette FireSafety Fund shall consist of all moneys re-covered from the imposition of civil penaltiesunder ORS 476.995. Interest earned by theCigarette Fire Safety Fund shall be creditedto the fund.

(2) All moneys in the fund are contin-uously appropriated to the Department ofState Police for use by the office of the State



Fire Marshal for fire safety, enforcement andfire prevention programs. [2007 c.34 §14]

Note: See note under 476.755.476.810 [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]476.835 [1973 c.667 §7; 1979 c.772 §24; 1985 c.118 §9;

repealed by 1993 c.185 §34]476.840 [1973 c.667 §9; 1987 c.414 §82; repealed by

1993 c.185 §34]476.845 [1973 c.667 §11; 1977 c.104 §5; 1985 c.118 §10;

repealed by 1993 c.185 §34]476.850 [1973 c.667 §13; 1977 c.104 §6; repealed by

1993 c.185 §34]476.855 [1973 c.667 §14; 1985 c.118 §11; 1993 c.185 §19;

renumbered 476.033 in 1999]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]

FIRE PROTECTION EQUIPMENT LOAN FUND

476.900 Application by certain citiesand rural fire protection districts to bor-row money from loan fund. (1) Any cityof 5,000 or less in population and any ruralfire protection district serving 5,000 or fewerresidents may file with the State Fire Mar-shal an application to borrow from the FireProtection Equipment Loan Fund moneys forthe acquisition of fire protection equipment.

(2) Applications shall be submitted insuch manner and shall contain or be accom-panied by such information as the State FireMarshal may prescribe. [1991 c.587 §1]

Note: 476.900 to 476.925 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 476 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

476.905 Approval of application byState Fire Marshal. The State Fire Marshalmay approve an application for a fire pro-tection equipment acquisition loan if theState Fire Marshal finds that:

(1) Moneys in the Fire Protection Equip-ment Loan Fund will be available therefor;and

(2) The application is for the acquisitionof equipment determined by the State FireMarshal to be necessary to provide adequatefire protection service by the applicant. [1991c.587 §2]


476.910 Loan agreement; terms; con-ditions. If the State Fire Marshal approvesan application for a fire protection equip-ment acquisition loan, the State Fire Mar-shal, on behalf of the state, and the applicantmay enter into a loan agreement. The agree-ment shall set forth among other matters:

(1) The amount and purpose of the loan.(2) A plan for repayment by the applicant

to the Fire Protection Equipment Loan Fundof moneys borrowed, upon such terms andconditions as the State Fire Marshal consid-ers appropriate.

(3) That the liability of the state underthe contract is contingent upon the avail-ability of moneys in the Fire ProtectionEquipment Loan Fund.

(4) Such further provisions as the StateFire Marshal determines appropriate to in-sure expenditure of moneys borrowed for thepurposes set forth in the approved applica-tion. [1991 c.587 §3]


476.915 Source of revenue to repayloan. A city or rural fire protection districtthat enters into an agreement with the StateFire Marshal for a fire protection equipmentacquisition loan may obtain moneys for re-payment thereof in the same manner as othermoneys are obtained for purposes of the pay-ment of expenses of the city or rural fireprotection district. [1991 c.587 §4]


476.920 Rules; acceptance of gifts, do-nations and grants. (1) In accordance withany applicable provisions of ORS chapter183, the State Fire Marshal may adopt rulesto carry out the provisions of ORS 476.900 to476.925. Such rules may include, but are notlimited to, specifying the importance andpriority of fire protection equipment thatmay be acquired pursuant to ORS 476.900 to476.925 and which requires local governmentmatching funds.

(2) The State Fire Marshal may acceptgifts, donations and grants from whateversource for the purpose of carrying out ORS476.900 to 476.925. All moneys received shallbe paid into the Fire Protection EquipmentLoan Fund. [1991 c.587 §5]


476.925 Fire Protection EquipmentLoan Fund; uses. The Fire ProtectionEquipment Loan Fund is established in theState Treasury, separate and distinct fromthe General Fund. All moneys in the fundare appropriated continuously to the StateFire Marshal to carry out the provisions ofORS 476.900 to 476.925. Interest earned by



moneys in the fund shall be credited to thefund. [1991 c.587 §6]


PENALTIES476.990 Penalties. (1) Violation of ORS

476.150 (2) is a misdemeanor. All penalties,fees or forfeitures collected under the pro-visions of this subsection, ORS 476.010 to476.090, 476.155 to 476.170 and 476.210 to476.270 shall be paid into the State Treasury.

(2) Violation of ORS 476.380 (1) is a mis-demeanor.

(3) Violation of ORS 476.410 to 476.440 ispunishable, upon conviction, by a fine of notless than $25 nor more than $250, or by im-prisonment in the county jail for not lessthan 10 or more than 60 days, or both. Jus-tices of the peace and district judges shallhave concurrent jurisdiction with the circuitcourts over prosecutions for such violations.

(4) Violation of any provision of ORS476.510 to 476.610 is a misdemeanor.

(5) Subject to ORS 153.022, violation ofORS 476.710 or 476.715 or of any rule orregulation of the State Parks and RecreationDepartment promulgated thereunder is pun-ishable, upon conviction, by a fine not ex-ceeding $500 or imprisonment in the countyjail not exceeding six months, or both.[Subsection (5) of 1959 Replacement Part formerly477.990(5); 1961 c.52 §1; subsection (2) enacted as 1967c.420 §4; subsection (6) enacted as 1967 c.417 §13 and1967 c.417 §15; 1971 c.563 §10; 1971 c.743 §383; 1999 c.1051§312; 2001 c.104 §216]

476.995 Penalty for violation of ORS476.760. The State Fire Marshal may imposea civil penalty for a violation of ORS 476.760(1). The civil penalty may not exceed:

(1) For a person that distributes or offersto sell cigarettes to a wholesale or retaildealer, $10,000 or five times the wholesaleinvoice cost of the cigarettes involved in theviolation, whichever is greater.

(2) For a person that distributes or offersto sell cigarettes to consumers:

(a) For a distribution or offer of not morethan 1,000 cigarettes, $500.

(b) For a distribution or offer of morethan 1,000 cigarettes, $1,000 or five times theretail value of the cigarettes involved in theviolation, whichever is greater.

(3) For a continuing violation of ORS476.760 (1), each day that a person distributesor offers to sell cigarettes after being notifiedby the State Fire Marshal that the distrib-ution or offer to sell cigarettes violates ORS476.760 (1) is a separate violation subject tocivil penalty. For purposes of this subsection,a person is notified by the State Fire Mar-shal that the distribution or offer to sell cig-arettes violates ORS 476.760 (1) only afterthe person receives a notice, has been pro-vided an opportunity for a hearing and hasexhausted all opportunities for administra-tive or judicial review of the notice in themanner provided for contested cases underORS chapter 183. [2007 c.34 §3]





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