Chapter 404 — Chapter 404

ORS 404.095 “Search and rescue” not to include urban search and rescue. As used in ORS 404.095 to 404.270, “search and rescue” does not include urban search and rescue, as defined in ORS 476.615. [2023 c.305 §4]

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ORS 404.100 Search and Rescue Coordinator; appointment; duties. The Director of the Oregon Department of Emergency Management shall appoint a Search and Rescue Coordinator to

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ORS 404.105 Program for air search and rescue. The Oregon Department of Emergency Management shall establish and maintain a program for the air search and rescue of lost aircraft and persons and for the air support of other emergency situations. The program established under this section may include, but is not limited to, the following

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ORS 404.110 Search and rescue activities; responsibilities of sheriff; delegation of sheriff’s duties. (1) The sheriff of each county has the responsibility for search and rescue activities within the county. The duty of a sheriff under this subsection may be delegated to a deputy or other qualified person

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ORS 404.115 Restriction of access to search and rescue area. The sheriff of each county, the person performing the sheriff’s duties under ORS 404.110 or duly assigned military or state police personnel may restrict access to a specific search and rescue area. No unauthorized person shall then enter into a restricted area or interfere with a search and rescue. Provision shall be made for reasonable access by members of the media in the performance of newsgathering and reporting. Access shall be restricted for a reasonable period of time necessary to accomplish the search and rescue. [Formerly 401.570]

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ORS 404.120 County sheriff to adopt search and rescue plan; contents; annual review. (1) The sheriff of each county shall adopt a search and rescue plan for the county. The search and rescue plan shall set forth search and rescue policies, including policies for implementation of multicounty search and rescue activities, for the county that comply with the relevant provisions of the National Incident Management System Incident Command System established by Homeland Security Presidential Directive 5 of February 28, 2003, and shall describe procedures for implementing those policies. A county search and rescue plan shall list and describe materials, mutual aid agreements, equipment and personnel available within the county for search and rescue incidents. The plan shall also include

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ORS 404.125 Critique of search and rescue incident; filing amended search and rescue plan with Oregon Department of Emergency Management. (1) After a search and rescue, the sheriff of the county in which the search and rescue took place shall conduct a critique of the incident

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ORS 404.130 Search and rescue incident number. (1) An incident number shall be assigned to each search and rescue reported under ORS 404.110

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ORS 404.135 Investigative subpoena. (1) If a peace officer has probable cause to believe that an individual is missing and in danger, the officer may request that the Attorney General, a district attorney or a city or county attorney execute in writing and cause to be served, in the manner provided by ORCP 7, an investigative subpoena as described in this section

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ORS 404.200 Definitions for ORS 404.200 to 404.215. As used in ORS 404.200 to 404.215

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ORS 404.205 Application. ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteer who is performing search and rescue activities without compensation other than reimbursement for food, lodging, costs of transportation and other expenses. [2009 c.718 §12]

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ORS 404.210 Coverage under Oregon Tort Claims Act. A qualified search and rescue volunteer is an agent of a county 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 volunteer’s duties and that occur while the volunteer is performing search and rescue activities under the direction of the sheriff of the county or the designee of the sheriff, and the county shall defend, save harmless and indemnify the volunteer for any tort claim arising out of an alleged act or omission occurring in the performance of those activities as required by ORS 30.285. [2009 c.718 §13]

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ORS 404.215 Workers’ compensation coverage. (1) A county is conclusively deemed to have filed an election under ORS 656.031 to provide workers’ compensation coverage for qualified search and rescue volunteers who

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ORS 404.250 Leave of absence from employment for search and rescue volunteer. (1) As used in this section

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ORS 404.255 Definitions. As used in ORS 404.255 to 404.265

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ORS 404.257 Required disclosures by private search parties. (1) A private search party, before engaging in efforts to locate a missing person, shall disclose to an immediate family member of the missing person, verbally and in writing

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ORS 404.260 Required notification to county sheriff. (1) Except as provided in subsection (4) of this section, at least 72 hours before engaging in efforts to locate a missing person, a private search party shall notify the sheriff of the county in which the efforts will take place

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ORS 404.265 Imposition of civil penalties by county. A county may adopt an ordinance or resolution that imposes civil penalties for failure to comply with the provisions of ORS 404.255 to 404.265. [2025 c.200 §5]

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ORS 404.270 Reimbursement of public body for search and rescue by benefited persons; amount; exceptions. (1) A public body that has authority to conduct search and rescue activities may collect an amount specified in this section as reimbursement for the cost of search and rescue activities when the public body conducts search and rescue activities for the benefit of hikers, climbers, hunters and other users of wilderness areas or unpopulated forested or mountainous recreational areas in this state

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ORS 404.300 Definitions for ORS 404.300 to 404.315. As used in ORS 404.300 to 404.315

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ORS 404.305 Assumption of risk of wilderness travel or mountain climbing; use and effect of electronic signaling devices. (1) In accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an individual who engages in wilderness travel or mountain climbing accepts and assumes the inherent risks of wilderness travel or mountain climbing

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ORS 404.310 Required equipment when guiding children above timberline. A person who guides for compensation an organized group that includes children under 18 years of age on any mountain above the timberline must carry an altimeter, a contour map of the area and a compass. [Formerly 401.625]

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ORS 404.315 Exemption from liability for electronic signaling device; exceptions. A person may not maintain an action against the manufacturer, distributor or supplier of an electronic signaling device for any loss or damage incurred during wilderness travel or mountain climbing, based on a claim that the device failed to function successfully unless the person shows that the failure resulted from

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ORS 404.325 Posting of emergency contact telephone number. (1) As used in this section

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ORS 404.350 Rescue of companion animal. (1) A person engaged in search and rescue operations may make every practicable attempt under the circumstances to rescue a companion animal

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ORS 404.400 Agreement for outdoor recreation search and rescue card program. (1) The Oregon Department of Emergency Management may enter into an agreement with a nonprofit organization representing sheriffs in the State of Oregon under which the organization is authorized to establish and administer a program to produce and sell outdoor recreation search and rescue cards via authorized sellers

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ORS 404.410 Requirements of program; search and rescue grants; reporting. An agreement between the Oregon Department of Emergency Management and a nonprofit organization under ORS 404.400 must provide for all of the following

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