Chapter 478 — Chapter 478

ORS 478.001 Definitions. (1) As used in this chapter, unless the context requires otherwise

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ORS 478.002 Status of districts existing in 1957. (1) There hereby is created a rural fire protection district territorially coterminous with each rural fire protection district existing on July 2, 1957, or established after July 2, 1957, and prior to November 22, 1957, if such rural fire protection district was at that time a valid district but for the fact that its electorate was restricted to property owners. In determining the boundaries of districts created by this subsection, full effect shall be given to annexations, withdrawals and consolidations effected by rural fire protection districts prior to November 22, 1957, under this chapter or other statutes authorizing or purporting to authorize such action

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ORS 478.004 New district succeeds to and replaces abolished district. Each rural fire protection district created by ORS 478.002 shall in all respects succeed to and replace the territorially coterminous rural fire protection district abolished by ORS 478.002. Without limiting the foregoing

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ORS 478.010 Formation; territories that may not be included in districts; exception. (1) A rural fire protection district may be formed in the manner set forth in ORS 478.010 to 478.100

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ORS 478.020 [Amended by 1967 c.610 §2; 1969 c.667 §4; repealed by 1971 c.727 §203]

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ORS 478.030 [Amended by 1967 c.610 §3; 1969 c.667 §5; repealed by 1971 c.727 §203]

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ORS 478.040 [Repealed by 1957 s.s. c.10 §4 (478.041 enacted in lieu of 478.040)]

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ORS 478.041 [1957 s.s. c.10 §5 (enacted in lieu of 478.040); 1959 c.68 §1; 1961 c.523 §1; 1961 c.549 §1; 1969 c.667 §6; repealed by 1971 c.727 §191]

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ORS 478.050 Qualifications for directors. A director of a district shall be an elector or an owner within the district. A district may determine, by ordinance that takes effect at least one year prior to the date of a regular district election, that firefighters of the district, volunteer or otherwise, and other district employees shall not serve as directors. [Amended by 1963 c.299 §1; 1969 c.667 §7; 1971 c.647 §109; 1971 c.727 §§139,197; 1973 c.618 §1; 1987 c.834 §1]

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ORS 478.060 [Amended by 1963 c.299 §2; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

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ORS 478.070 [Amended by 1961 c.549 §2; 1969 c.667 §8; repealed by 1971 c.727 §203]

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ORS 478.080 [Amended by 1961 c.549 §3; 1969 c.667 §9; repealed by 1971 c.647 §149; 1971 c.727 §203]

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ORS 478.090 Effect of 1939 Act on districts then existing. Nothing in this chapter shall be construed as impairing the legality or organization of any rural fire protection district existing on June 14, 1939, nor to exclude from such districts any lands then included therein, nor the legality of any act of such district done in accordance with the prior law, nor shall it be deemed to affect the legality of the election of any officer of any such existing rural fire protection district. Nor shall anything in this chapter be deemed in any way to affect any indebtedness or financial obligation lawfully created by any fire protection district existing on June 14, 1939, and such existing rural fire protection district is confirmed and for the purpose of continued and future operation shall be deemed as organized under the terms and conditions of this chapter and entitled to all benefits and clothed with all the rights, powers and duties as by this chapter provided

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ORS 478.100 Immaterial defects in organization not to invalidate district organization. No final order of a county board establishing a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of such district, or notice thereof, which does not materially affect the substantial rights of an interested party. The following irregularities are declared to be immaterial defects

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ORS 478.110 [Repealed by 1969 c.667 §70]

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ORS 478.115 County governing body to determine territory of district. Subject to the provisions of ORS 478.010, a county governing body may, under ORS 198.705 to 198.955, include in or exclude from a proposed district, or territory proposed to be annexed to a district, such territory as it determines. [1979 c.473 §2]

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ORS 478.120 Inclusion of forestland in district. The authority to include forestland within a rural fire protection district pursuant to ORS 478.010 (2)(b) applies to forestland within the exterior boundaries of an existing district. [1973 c.337 §3; 2025 c.581 §37]

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ORS 478.130 Certain structures subject to fire damage to be added to tax rolls. Any land upon which structures subject to damage by fire have been built shall be added to the assessment roll for the tax year beginning July 1 following the calendar year in which construction on the structure was begun. [1973 c.337 §4; 1993 c.270 §68]

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ORS 478.140 Procedure for adding land to district by consent of owner. Any owner consenting to add the forestland of the owner to the district under ORS 478.010 (2)(b) shall do so on forms supplied by the Department of Revenue. The owner shall file the original with the district. The district shall forward a copy to the assessor of each county in which the land is located, within 20 days of receipt. [1973 c.337 §5; 2025 c.581 §38]

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ORS 478.150 Conference with State Forestry Department required prior to formation of district or annexation of territory. Prior to the formation of any rural fire protection district or the annexation of any territory to an existing rural fire protection district of any territory within the exterior boundaries of a forest protection district established pursuant to ORS chapter 477, the petitioners of the proposed district or annexation shall confer with the State Forestry Department in determining the boundaries and lands to be included within the rural fire protection district. [1973 c.337 §6]

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ORS 478.155 Formation of district with tax zones; contents of formation petition and order creating district; determination of tax levy in each zone; boundary changes. (1) When formation of a district is proposed after October 15, 1983, the petition or order for formation may include, in addition to other information required under ORS 198.750 or 198.835

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ORS 478.160 Filing of boundary or zone change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary or zone change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §38]

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ORS 478.210 Directors; organization; term; oath. (1) The power and authority given to the district, except as otherwise provided, is vested in and shall be exercised by a board of five directors. Except as provided by subsection (3) of this section, the term of director is four years

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ORS 478.215 Position numbers for director election. (1) Each office of director shall be designated by number as Position No. 1, Position No. 2 and so forth

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ORS 478.220 [Repealed by 1957 s.s. c.10 §6 (478.221 enacted in lieu of 478.220)]

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ORS 478.221 Nomination and election of directors. (1) Candidates for election from subdistricts created by ORS 478.225 shall be nominated by electors of the subdistricts. Candidates for election at large may be nominated by electors of subdistricts or by electors of the district, or any combination of such methods

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ORS 478.225 Election subdistricts; petition for formation; election. (1) This section establishes the procedure for determining either of the following questions

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ORS 478.228 Boundaries of subdistricts. The boundaries or proposed boundaries of election subdistricts proposed or established within a district under ORS 478.225 from which directors are to be nominated or elected shall be as nearly equal in population as is feasible according to the latest available federal census data and shall be adjusted by the board to apportion population, to follow wherever practicable existent election precinct boundaries and to reflect boundary changes of the district. The boundaries shall be determined or adjusted by the board prior to submitting the question of election subdistricts to the electors under ORS 478.225. [1979 c.364 §3; 1983 c.350 §287]

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ORS 478.230 [Amended by 1953 c.369 §2; 1967 c.609 §11; 1969 c.667 §14; repealed by 1971 c.647 §149]

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ORS 478.231 Election laws applicable. (1) ORS chapter 255 governs the following

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ORS 478.232 [1979 c.364 §4; repealed by 1983 c.350 §331a]

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ORS 478.234 Subdistricts for nomination or election of directors. (1) The question whether subdistricts should be established for the purpose of nominating or electing one or more board members may be submitted at an election called under ORS 198.866 and 198.867, or at an election on merger or consolidation called under ORS 198.903

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ORS 478.235 [1979 c.364 §5; repealed by 1983 c.350 §331a]

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ORS 478.240 Special elections; electors. (1) At any regular meeting, the district board may call a special election

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ORS 478.245 [1955 c.617 §1; repealed by 1969 c.325 §4 and 1969 c.667 §70]

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ORS 478.250 Meetings and officers of board. (1) The district board shall hold meetings at such time and place within the district as it determines. It shall hold at least one regular meeting in each month on a day fixed by the board, and may hold special meetings under such rules as it may make

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ORS 478.260 Fire chief; fire department facilities; fire evacuation routes; emergency medical services. (1) The district board shall select a fire chief and assistants and fix their compensation. The fire chief shall be responsible for the equipment and properties of the district. Under the direction of the board, the fire chief shall be responsible for the conduct of the fire department

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ORS 478.270 Reports of directors; State Fire Marshal cooperation; uniform forms. (1) The district board shall report to the State Fire Marshal, upon forms prescribed by the State Fire Marshal, information the State Fire Marshal may require, and shall, at any time, upon request furnish further report or information required by the State Fire Marshal

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ORS 478.280 Employment of assistants. The board of directors may employ assistants as necessary or convenient in carrying on the work of the district and fix their compensation. The expenses of directors actually incurred in the service of the district may be paid by the board. [Amended by 1969 c.667 §19]

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ORS 478.290 Additional authority of districts within 10-mile radius of city of 100,000 or more. Districts situated within a radius of 10 miles of a city of over 100,000 population may, in addition to the powers granted by ORS 478.210, 478.221 and 478.240 to 478.280, install, maintain and operate systems of street, road or highway lights. The lights shall be maintained upon the streets, roads or intersections as the board considers is needed to furnish the best lighting service to the residents and properties in the district. [Amended by 1969 c.667 §20]

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ORS 478.300 Contracting with others to provide facilities and services for fire protection or road lighting; authority over open burning and fire permits; rules. (1) In addition to the authority to enter into intergovernmental agreements under ORS chapter 190, a rural fire protection district or other public body as defined in ORS 174.109 may contract with any person for the purpose of affording fire fighting, protection or prevention facilities or road-lighting facilities and services, or both, to such person

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ORS 478.305 Contracting with others for mutual communication system; contracts in other states. (1) Any district may contract with other rural fire protection districts or cities operating a fire department for the establishment and maintenance of a mutual communication system for fire prevention and protection and may, in cooperation with the other contracting party or parties, provide for a joint board of control composed of representatives of the contracting parties, to control the operations of such communication system

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ORS 478.308 Contracting with others for regional oil and hazardous material emergency response team. (1) Any district may contract with another rural fire protection district, city or county to establish, operate and maintain a regional oil and hazardous material emergency response team. The contracting parties may provide for a joint board of control, composed of representatives of the contracting parties, to control the operation of the regional emergency response team

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ORS 478.310 Response to fire or public safety incident outside its own territory by district or municipality; liability for costs. (1) When a fire or public safety incident occurs outside the limits of a district or of a city and help is asked of the district or city, the fire-fighting or public safety apparatus and force of the district or city may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident in the other unprotected or inadequately protected district or territory. However, the district or city so responding shall be paid the contract or reasonable value for use, including repairs and depreciation, of the apparatus and equipment so used and other expenses reasonably incurred in furnishing the fire-fighting or public safety service

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ORS 478.315 Response to fire or public safety incident in Columbia River Gorge National Scenic Area; payment of costs. (1) When a district is located entirely or partly within the boundaries of the Columbia River Gorge National Scenic Area established under 16 U.S.C. 544 et seq., if a fire or other public safety incident occurs on state property within the limits of the district and assistance from the district is requested, the fire-fighting and emergency medical vehicles, apparatus and personnel of the district may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident. The district so responding shall recover from the state agency in possession or control of the property

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ORS 478.325 District may levy taxes for purposes of ORS 478.335 to 478.370. Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 478.335 to 478.370 are expenses for which a district may levy taxes as provided by ORS 478.410. [1963 c.366 §8]

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ORS 478.335 Contracts for medical and hospital services or insurance. (1) A district board may enter into contracts for medical and hospital services or insurance covering employees of the district for remedial care and hospital benefits. Failure to obtain insurance or service contracts shall not be construed as negligence or lack of diligence on the part of the board or the members thereof

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ORS 478.340 Payment of premiums or charges on contracts; employee contributions; multiple contracts. (1) The district may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a voluntary basis

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ORS 478.355 Establishment of employee retirement system; provisions of plan. (1) A district may establish an employees’ retirement system pursuant to ORS 478.355 to 478.370. The board may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time

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ORS 478.360 Fund to provide retirement benefits. The district may budget and provide for payment into the fund of the retirement plan an amount sufficient

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