7 chapters · 344 sections in this title.
ORS 401.025 Definitions for ORS chapter 401
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As used in this chapter: (1) Emergency means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to: (a) Fire, wildfire, explosion, flood, s…
ORS 401.032 Statement of policy and purpose
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(1) The general purpose of this chapter is to reduce the vulnerability of the State of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of eme…
ORS 401.035 Responsibility for emergency services systems
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(1) The emergency services system is composed of all agencies and organizations involved in the coordinated delivery of emergency services. The Governor is responsible for the emergency services system within the State of Oregon. The executive officer or governing body of each co…
ORS 401.038 Emergency incident training for certain officials
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(1) All elected officials in this state, all administrative heads of state agencies and all persons in the state government management service as defined in ORS 240.212 shall complete introductory courses offered or approved by the Federal Emergency Management Agency on incident …
ORS 401.052 Responsibilities of Oregon Department of Emergency Management
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(1) The Oregon Department of Emergency Management is established. (2) The department shall be responsible for: (a) Coordinating and facilitating private sector and governmental efforts to prevent, prepare for, respond to and recover from emergencies; and (b) Coordinating exercise…
ORS 401.054 Liaisons with Oregon Department of Emergency Management
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(1) Each of the following agencies, entities and officials shall designate an individual to act as a liaison with the Oregon Department of Emergency Management: (a) The Department of Consumer and Business Services; (b) The Department of Corrections; (c) The Department of Educatio…
ORS 401.062 Oregon Department of Emergency Management; appointment of director
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(1) The Oregon Department of Emergency Management is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department. (2) The Governor shall appoint the Director of the Oregon Department of Emergency Ma…
ORS 401.067 Compliance Division
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(1) There is established the Compliance Division as an administrative division of the Oregon Department of Emergency Management. The Director of the Oregon Department of Emergency Management shall appoint a compliance officer to lead the division. The compliance officer serves at…
ORS 401.072 Appointment of deputy director
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(1) The Director of the Oregon Department of Emergency Management may, by written order filed with the Secretary of State, appoint a deputy director. The deputy director serves at the pleasure of the director, has authority to act for the director in the absence of the director a…
ORS 401.076 Rules
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In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Emergency Management may adopt rules necessary for the administration of the laws that the department is charged with administering. [Formerly 401.265; 2021 c.539 §6]
ORS 401.082 Advisory and technical committees
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(1) To aid and advise the Director of the Oregon Department of Emergency Management in the performance of the functions of the Oregon Department of Emergency Management, the director may establish such advisory and technical committees as the director considers necessary. The com…
ORS 401.088 Interagency agreements
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The Director of the Oregon Department of Emergency Management may enter into interagency agreements with other state agencies that the director determines are necessary to carry out the duties of the Oregon Department of Emergency Management. [Formerly 401.269; 2021 c.539 §9]
ORS 401.092 Duties of director; federal fire management assistance declaration; rules
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(1) The Director of the Oregon Department of Emergency Management is responsible for coordinating and facilitating exercises and training, emergency planning, preparedness, response, mitigation and recovery activities with the state and local emergency services agencies and organ…
ORS 401.094 System for notification of emergencies; emergency management coordinators; rules
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(1) The Oregon Department of Emergency Management shall maintain a system for the notification and interagency coordination of state resources in response to emergencies involving multijurisdictional cooperation between the various levels of government and private business entiti…
ORS 401.096 Federal grants for emergency management and services; authority of office
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(1) The Oregon Department of Emergency Management is designated as the sole agency of the State of Oregon for the purpose of negotiating agreements with the United States Department of Homeland Security or other appropriate federal agency, on behalf of the state, for the acquisit…
ORS 401.109 Oregon Homeland Security Council
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(1) The Oregon Homeland Security Council is established within the Oregon Department of Emergency Management. The mission of the council is to assess risks to the safety and security of the State of Oregon with special emphasis on matters related to domestic terrorism and other m…
ORS 401.111 State plan for emergency stockpile
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(1) The Oregon Homeland Security Council, in consultation with emergency management agencies, the Oregon Department of Emergency Management or its predecessor office, and the Oregon Health Authority, shall develop a plan to ensure that Oregonians have access to a robust stockpile…
ORS 401.114 Emergency preparedness functions
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The Oregon Department of Emergency Management shall carry out the following functions: (1) Coordinate emergency management functions on a regional basis within this state; (2) Coordinate training related to emergency response on a regional basis within this state; and (3) Develop…
ORS 401.116 Emergency response exercises
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(1) The Oregon Department of Emergency Management shall develop and administer a program for periodic emergency response exercises as described in this section. (2) Once per year, the department shall coordinate a multidisciplinary, all-hazards emergency response exercise. The ex…
ORS 401.121 Technical assistance to local entities
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(1) The Oregon Department of Emergency Management shall provide technical assistance, as described in subsection (2) of this section, to local entities, whether public or private, that are active in emergency preparedness, response or recovery in Oregon, including: (a) County, ci…
ORS 401.123 Support for community organizations active in disaster
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(1) As used in this section, community organization active in disaster means a cooperative organization comprising representatives of nonprofit, governmental, business and faith-based entities that works within a local community to prepare for, build resilience against and reco…
ORS 401.165 Declaration of state of emergency; procedures
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(1) The Governor by proclamation may declare a state of emergency at the request of a county governing body or after determining that an emergency has occurred or is imminent. (2) All requests by a county governing body that the Governor declare an emergency shall be sent to the …
ORS 401.168 Governors powers during state of emergency; suspension of agency rules
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(1) During a state of emergency, the Governor has complete authority over all executive agencies of state government and the right to exercise, within the area designated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate …
ORS 401.175 Additional powers during emergency
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During the existence of an emergency, the Governor may: (1) Assume complete control of all emergency operations in the area specified in a proclamation of a state of emergency issued under ORS 401.165, direct all rescue and salvage work and do all things deemed advisable and nece…
ORS 401.178 Removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage
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(1) Whenever the Governor has declared a disaster emergency to exist under the laws of this state, or the President of the United States, at the request of the Governor, has declared a major disaster or emergency to exist in this state, the Governor is authorized: (a) Through the…
ORS 401.185 Providing temporary housing during emergency
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Whenever the Governor has declared a state of emergency or the President of the United States has declared an emergency or a major disaster to exist in this state, the Governor, with the concurrence of the Joint Committee on Ways and Means or the Emergency Board, if the Legislati…
ORS 401.186 Waiver of waiting period for unemployment benefits
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If the Governor by proclamation has declared a state of emergency under ORS 401.165, the Governor may waive the one-week waiting period required by ORS 657.155 for persons making a claim for unemployment benefits who reside within the geographical area subject to the proclamation…
ORS 401.188 Management of resources during emergency; rules
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Whenever the Governor has declared a state of emergency, the Governor may issue, amend and enforce rules and orders to: (1) Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or d…
ORS 401.192 Effect of rules and orders during emergency; scope; effect; termination
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(1) All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 to 401.236 …
ORS 401.198 Seizure of firearms during emergency
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(1) As used in this section, unit of government means any department or agency of the federal government and any public body as defined by ORS 174.109. (2) Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully posse…
ORS 401.204 Termination of state of emergency
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(1) The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. (2) The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative A…
ORS 401.232 Federal financial assistance to political subdivision
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Whenever, at the request of the Governor, the President of the United States has declared a major disaster to exist in this state, the Governor is authorized: (1) Upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues…
ORS 401.234 Federal financial assistance to individuals or families
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Whenever the President of the United States, at the request of the Governor, with the concurrence of the Emergency Board or Joint Ways and Means Committee of the Legislative Assembly, has declared a major disaster to exist in this state, the Governor is authorized: (1) Upon deter…
ORS 401.236 Rules
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The Governor is authorized to make rules and regulations necessary to carry out the purposes of ORS 401.165 to 401.236. [Formerly 401.155] (Critical Service Providers)
ORS 401.239 Critical service providers; credentialing; rules
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(1) As used in this section, critical service provider means an individual: (a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Manag…
ORS 401.256 Oregon Safety Assessment Program; rules
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(1) As used in this section, emergency has the meaning given that term in ORS 401.025. (2) The State Fire Marshal shall develop and administer a statewide program, as described in this section, to evaluate the condition of buildings after an emergency and determine whether the …
ORS 401.305 Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions
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(1) As used in this section, tribal government means a federally recognized sovereign tribal government operating within the borders of this state or an intertribal organization formed by two or more federally recognized sovereign tribal governments operating within this state.…
ORS 401.307 Emergency management agency appropriation; tax levy
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(1) Each county and city may make appropriations, in the manner provided by law for making appropriations for the expenses of the county or city, for the payment of expenses of its emergency management agency and may levy taxes upon the taxable property within the county or city.…
ORS 401.309 Declaration of state of emergency by city or county; procedures; mandatory evacuations
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(1) The governing body of a city or county in this state may declare, by ordinance or resolution, that a state of emergency exists within the city or county. The ordinance or resolution must limit the duration of the state of emergency to the period of time during which the condi…
ORS 401.315 City or county authorized to incur obligations for emergency services; county determination of emergency
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In carrying out the provisions of this chapter, counties or cities may enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from an emergency or major disaster. A county shall assess whether an emergency exists. [1983 c.586 §13; 199…
ORS 401.335 Temporary housing for disaster victims; political subdivisions authority
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Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into arrangements necessary to prepare or equip …
ORS 401.341 Building inspections by private qualified professionals; rules
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(1) Local governments may enact local programs under which owners of buildings may, prior to an emergency, enter into agreements with private qualified professionals to conduct building inspections following an emergency to determine whether buildings may be safely occupied. (2) …
ORS 401.358 Definitions for ORS 401.358 to 401.368
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As used in ORS 401.358 to 401.368: (1) Emergency service activities means: (a) The provision of emergency services; and (b) Engaging in training under the direction of a public body, whether by reason of the training being conducted or approved by a public body, for the purpose…
ORS 401.362 Application
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ORS 401.358 to 401.368 apply only to a qualified emergency service volunteer who is performing emergency service activities under the direction of a public body without compensation from the public body other than reimbursement for food, lodging, costs of transportation and other…
ORS 401.364 Coverage under Oregon Tort Claims Act
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(1) A qualified emergency service volunteer is an agent of a public body under ORS 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteers duties if the acts or omissions occur: (a) While the volunteer is per…
ORS 401.368 Workers compensation benefits
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(1) The Oregon Department of Emergency Management shall provide workers compensation coverage for qualified emergency service volunteers who are injured in the course and scope of performing emergency service activities under the direction of a public body if the injury occurs: …
ORS 401.378 Leaves of absence for disaster relief or recovery volunteers; requirements; maximum period; effect on status of employees
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State agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence to any public employee who volunteers to participate in disaster relief or recovery services in the State of Oregon. Cumulative leave granted shall not exceed 15 work days in…
ORS 401.505 Acceptance of aid for emergency services
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Whenever any organization, agency, person, firm, corporation or officer thereof offers to the state or to any county or city, services, equipment, supplies, material or funds by way of gift, grant or loan for purposes of emergency program management or emergency services, the sta…
ORS 401.525 Use of moneys and property for emergency services authorized
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(1) The expenditure of necessary money and use of state property by any agency in performing duties in an emergency is authorized. Moneys so expended shall be deemed an administrative expense of the agency. (2) If the Governor finds that funds regularly appropriated to state and …
ORS 401.532 Oregon Pre-Disaster Mitigation Fund; rules
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(1) The Oregon Pre-Disaster Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys received from federal grants for pre-disaster mitigation efforts shall be deposited into the Oregon Pre-Disaster Mitigation Fund. Moneys in the fu…