Title 38, Protection from Fire

(1) During a fire season every person operating a stationary internal combustion engine inside or within one-eighth of one mile of a forest protection district shall provide at each engine on an operation area a water supply, and equipment for its use in fire suppression, in conf…

During a fire season inside or within one-eighth of one mile of a forest protection district: (1) Every person conducting an operation shall provide and maintain, at the operation area or at a location designated by the forester, fire-fighting tools that are in conformity with ru…

During a fire season when in the judgment of the forester any operation inside or within one-eighth of one mile of a forest protection district has a fire hazard requiring additional protection, the operator shall provide such other facilities or services as the forester by writt…

(1) During a fire season inside or within one-eighth of one mile of a forest protection district, every operator using power-driven machinery in an operation area shall provide fire watch service on the operation area. The fire watch service shall consist of not less than one com…

During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains, if the forestland in such district, or any part thereof, is susceptible in the judgment of the forester to damage by fire, the forest…

(1) Every person operating a railroad of any kind in this state inside or within one-eighth of one mile of a forest protection district shall annually or more often, if so ordered in writing by the forester, in a manner and to an extent ordered by the forester, destroy or remove …

The State Forestry Department shall adopt rules to clarify that a person may: (1) Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permi…

It is unlawful for any person to start a campfire or other open fire without first clearing the area immediately around and above it of material that will carry fire, or leave a campfire or other open fire unattended, or permit a campfire or other open fire to spread. This sectio…

(1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do. (2) It is unlawful, having built a fire on or near forestland, through careles…

A person commits the offense of unlawful use of fire if the person: (1) In the ignition of a fire: (a) Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state; (b) Intentionally or negligentl…

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of t…

The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources b…

(1) As used in this section, “small forestland owner” means an individual, group, federally recognized Indian tribe in Oregon or association that owns: (a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or (b) Up to 640 acres of no…

(1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund. (2) The Oregon Forest Land Protection Fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775. (3) The State Treasure…

(1) As used in this section, “annual expenditure” means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period, consistent with the fiscal year budgeting of the State Forestry Department. (2) Notwithstanding ORS 291.238, the moneys in the Oregon F…

The Emergency Fire Cost Committee shall: (1) Adopt rules relating to the administration of the Oregon Forest Land Protection Fund. (2) Annually determine the unencumbered balance of the fund as of the end of the preceding calendar year. [1969 c.524 §4; 1985 c.158 §1; 1985 c.759 §…

In addition to rules adopted under ORS 477.760, the Emergency Fire Cost Committee shall adopt rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. The rules may: (1) Set forth a process for reviewing the disbursement of moneys from the fund; an…

(1) At the first regularly scheduled meeting of the Emergency Fire Cost Committee in a calendar year, the committee and the State Forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season …

(1) As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection distric…

(1) In collaboration with the Department of Consumer and Business Services, the Department of the State Fire Marshal shall establish and implement a grant program called the Wildfire Prepared Structure Program to facilitate the retrofitting of dwellings existing on September 26, …

The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board may consider the following factors: (1) Prior violation of the same or similar statutes, rules or orders. (2) Th…

(1) As used in this section: (a) “Credible witness” means a person who has observed conduct alleged to constitute a violation and whose statement about the observation is reliable based on: (A) The content of the observation; (B) The circumstances around the observation; and (C) …

(1) Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740, or any rule or order adopted pursuant thereto, is a violation punishable as follows: (a) For the first offense,…

(1) As used in this chapter, unless the context requires otherwise: (a) “Board of directors” or “district board” means the governing body of a district. (b) “County” means the county in which the district, or the greater portion of the taxable assessed value of the district, is l…

(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 v…

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: (1) A successor district is: (a) The owner of the propert…

(1) A rural fire protection district may be formed in the manner set forth in ORS 478.010 to 478.100. (2) A district may not include: (a) Territory within a water supply district organized under ORS chapter 264 if the district has previously been authorized by its electors to exe…

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…

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 accordanc…

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 r…

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]

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]

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]

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 wh…

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 o…

(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: (a) A statement that the district shall be divided into a specified number of zones for th…

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] POWERS AND DUTIES

(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. (2) The board of directors shall fill any v…

(1) Each office of director shall be designated by number as Position No. 1, Position No. 2 and so forth. (2) The secretary of a district shall assign a position number to each office on the board. The number so assigned shall be certified by the secretary to the director in offi…

(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. (2) Subject t…

(1) This section establishes the procedure for determining either of the following questions: (a) Whether subdistricts should be created in a district for the purpose of nominating or electing two or more directors. (b) Whether the method established in a district for nominating …

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 da…

(1) ORS chapter 255 governs the following: (a) The nomination and election of directors. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to …

(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. (2) The fol…

(1) At any regular meeting, the district board may call a special election. (2) In any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of proper…

(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. (2) At the organizational m…

(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 depa…

(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. (2) The S…

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]

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 …