Chapter 476 — Chapter 476
130 sections in this chapter.
ORS 476.801 Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995. ORS 476.755 to 476.790 and 476.995 do not apply to any cigarette variety that the State Fire Marshal determines is subject to a federal law that imposes a cigarette fire safety performance standard that is at least as strict as the standard imposed under ORS 476.770. [2007 c.34 §13]
0.0K chars
Note: See note under 476.755.
ORS 476.805 [1973 c.667 §2; 1985 c.118 §5; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.806 Cigarette Fire Safety Fund. (1) The Cigarette Fire Safety Fund is established in the State Treasury, separate and distinct from the General Fund. The Cigarette Fire Safety Fund shall consist of all moneys recovered from the imposition of civil penalties under ORS 476.995. Interest earned by the Cigarette Fire Safety Fund shall be credited to the fund
0.2K chars
(2) All moneys in the fund are continuously appropriated to the Department of the State Fire Marshal for fire safety, enforcement and fire prevention programs. [2007 c.34 §14; 2021 c.539 §135] Note: See note under 476.755.
ORS 476.810 [1973 c.667 §3; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.815 [1973 c.667 §8; 1985 c.118 §6; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.820 [1973 c.667 §4; 1977 c.104 §4; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.825 [1973 c.667 §5; 1985 c.118 §7; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.830 [1973 c.667 §6; 1985 c.118 §8; repealed by 1993 c.185 §34]
0.0K chars
NOVELTY LIGHTERS
ORS 476.831 Definitions for ORS 476.831 to 476.856. As used in ORS 476.831 to 476.856
1.9K chars
(1) “Audio effects” includes music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of the lighter. (2) “Distribute” means to: (a) Deliver to a person other than the purchaser; or (b) Provide as part of a commercial promo…
ORS 476.835 [1973 c.667 §7; 1979 c.772 §24; 1985 c.118 §9; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.836 Identification of novelty lighters; rules; disposition of contraband lighters. (1) The State Fire Marshal may adopt rules to identify lighters or classes or types of lighters that are novelty lighters. The novelty lighters identified by the State Fire Marshal may include, but need not be limited to, lighters of misleading design that resemble or imitate
1.6K chars
(a) Cartoon characters, figurines or action figures; (b) Toys or game pieces; (c) Musical instruments; (d) Vehicles; (e) Animals; (f) Human body parts; (g) Food, beverages or food or beverage packages; (h) Weaponry; (i) Furniture; (j) Sports equipment; (k) Holiday decoration; (L)…
ORS 476.840 [1973 c.667 §9; 1987 c.414 §82; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.841 Prohibition against sale or distribution of novelty lighters; civil penalties. (1) A person may not sell, offer for sale or distribute a novelty lighter in this state. A person may not manufacture a novelty lighter in this state, or import a novelty lighter into this state, for the purpose of selling or distributing the novelty lighter within this state. A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state
1.4K chars
(2) The State Fire Marshal may impose a civil penalty against a person who violates subsection (1) of this section. The civil penalty may not exceed: (a) $10,000 if the person is a manufacturer or importer of lighters. (b) $1,000 if the person is a wholesaler of lighters or distr…
ORS 476.845 [1973 c.667 §11; 1977 c.104 §5; 1985 c.118 §10; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.846 Compliance inspections. (1) The State Fire Marshal, or a representative of the State Fire Marshal, may conduct inspections to ensure compliance with ORS 476.841. The State Fire Marshal or representative may
0.7K chars
(a) Have access during reasonable business hours to facilities within this state used in the business of manufacturing, importing, distributing, selling or storing lighters; (b) Inspect the manufacturing, importing, distribution, sales or storage facilities and any lighters locat…
ORS 476.850 [1973 c.667 §13; 1977 c.104 §6; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.851 Agreements with State Fire Marshal representatives. The State Fire Marshal may enter into agreements with any state or local agency to allow the agency to act as a representative of the State Fire Marshal for purposes of ORS 476.841 and 476.846. [2009 c.6 §5]
0.0K chars
Note: See note under 476.831.
ORS 476.855 [1973 c.667 §14; 1985 c.118 §11; 1993 c.185 §19; renumbered 476.033 in 1999]
0.0K chars
[Repealed or reserved.]
ORS 476.856 Attorney General actions to enforce ORS 476.841 and 476.846. The Attorney General may bring an action at the request of the State Fire Marshal, in the name of the state, seeking
0.3K chars
(1) Injunctive relief to prevent or end a violation of ORS 476.841 or 476.846; (2) To recover civil penalties imposed under ORS 476.841; (3) To obtain access for inspections under ORS 476.846; or (4) To recover attorney fees and other enforcement costs and disbursements. [2009 c.…
ORS 476.860 [1973 c.667 §12; 1977 c.104 §7; repealed by 1985 c.118 §17]
0.0K chars
[Repealed or reserved.]
ORS 476.865 [1973 c.667 §15; 1977 c.104 §8; 1985 c.118 §12; repealed by 1993 c.185 §34]
0.0K chars
[Repealed or reserved.]
ORS 476.870 [1981 c.97 §2; repealed by 1985 c.118 §17]
0.0K chars
FIRE PROTECTION EQUIPMENT LOAN FUND
ORS 476.900 Application by certain cities and rural fire protection districts to borrow money from loan fund. (1) Any city of 5,000 or less in population and any rural fire protection district serving 5,000 or fewer residents may file with the State Fire Marshal an application to borrow from the Fire Protection Equipment Loan Fund moneys for the acquisition of fire protection equipment
0.4K chars
(2) Applications shall be submitted in such manner and shall contain or be accompanied by such information as the State Fire Marshal may prescribe. [1991 c.587 §1] Note: 476.900 to 476.925 were enacted into law by the Legislative Assembly but were not added to or made a part of O…
ORS 476.905 Approval of application by State Fire Marshal. The State Fire Marshal may approve an application for a fire protection equipment acquisition loan if the State Fire Marshal finds that
0.3K chars
(1) Moneys in the Fire Protection Equipment Loan Fund will be available therefor; and (2) The application is for the acquisition of equipment determined by the State Fire Marshal to be necessary to provide adequate fire protection service by the applicant. [1991 c.587 §2] Note: S…
ORS 476.910 Loan agreement; terms; conditions. If the State Fire Marshal approves an application for a fire protection equipment acquisition loan, the State Fire Marshal, on behalf of the state, and the applicant may enter into a loan agreement. The agreement shall set forth among other matters
0.6K chars
(1) The amount and purpose of the loan. (2) A plan for repayment by the applicant to the Fire Protection Equipment Loan Fund of moneys borrowed, upon such terms and conditions as the State Fire Marshal considers appropriate. (3) That the liability of the state under the contract …
ORS 476.915 Source of revenue to repay loan. A city or rural fire protection district that enters into an agreement with the State Fire Marshal for a fire protection equipment acquisition loan may obtain moneys for repayment thereof in the same manner as other moneys are obtained for purposes of the payment of expenses of the city or rural fire protection district. [1991 c.587 §4]
0.0K chars
Note: See note under 476.900.
ORS 476.920 Rules; acceptance of gifts, donations and grants. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal may adopt rules to carry out the provisions of ORS 476.900 to 476.925. Such rules may include, but are not limited to, specifying the importance and priority of fire protection equipment that may be acquired pursuant to ORS 476.900 to 476.925 and which requires local government matching funds
0.3K chars
(2) The State Fire Marshal may accept gifts, donations and grants from whatever source for the purpose of carrying out ORS 476.900 to 476.925. All moneys received shall be paid into the Fire Protection Equipment Loan Fund. [1991 c.587 §5] Note: See note under 476.900.
ORS 476.925 Fire Protection Equipment Loan Fund; uses. The Fire Protection Equipment Loan Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the Fire Protection Equipment Loan Fund are continuously appropriated to the Department of the State Fire Marshal to carry out the provisions of ORS 476.900 to 476.925. Interest earned by moneys in the fund shall be credited to the fund. [1991 c.587 §6; 2021 c.539 §136]
0.0K chars
Note: See note under 476.900. PENALTIES
ORS 476.990 Penalties. (1) The following are Class A misdemeanors
1.1K chars
(a) Violation of ORS 476.150 (2). (b) Violation of ORS 476.380 (1) or 476.510 to 476.610. (2) Subject to ORS 153.022, violation of ORS 476.710 or 476.715 or of any rule or regulation of the State Parks and Recreation Department promulgated thereunder is a Class B misdemeanor. (3)…
ORS 476.995 Penalty for violation of ORS 476.760. The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed
1.3K chars
(1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater. (2) For a person that distributes or offers to sell cigarettes to co…