Title 38, Protection from Fire

(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 fac…

(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 par…

(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 representative…

(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 extinguis…

(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 fr…

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]

(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 t…

(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 t…

(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. (2) The retirement pl…

The district may budget and provide for payment into the fund of the retirement plan an amount sufficient: (1) To provide, on an actuarial reserve basis, the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be pro…

The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a…

Nothing in ORS 478.325 and 478.355 to 478.370 authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a ret…

In addition to the investments authorized by ORS 294.035, the board of directors of a rural fire protection district organized under ORS chapter 478 may invest or cause to be invested any surplus funds of the district in contracts described in ORS 294.035 (3)(f) for the purpose o…

(1) To provide funds for defraying expenses for the establishment, equipment and maintenance of the district, the district board may provide for a tax on the assessed value of all taxable property within the district. (2) To carry into effect any of the powers granted to the dist…

Bonds authorized under ORS 478.410 shall be issued and sold in the manner prescribed in ORS chapter 287A. The bonds shall be so conditioned that the district agrees to pay, at the place named, to the bearer the sum named in lawful money of the United States with interest at the r…

A district board shall ascertain and levy annually, in addition to all other taxes, an ad valorem tax on all the taxable property in the district, sufficient to pay the interest accruing and the principal maturing on the bonds promptly as they become due. [Amended by 1969 c.667 §…

(1) As used in this section, “qualified forestland” means forestland that is: (a) Included in a rural fire protection district under ORS 478.010 (3); and (b) Outside the limits of a city. (2) If a structure exists, in whole or in part, on qualified forestland, the property subjec…

The district may receive from any source whatever, gifts, donations, bequests, money or property for any purpose consistent with the terms of this chapter. The district may, from time to time, provide from its current revenue or create or set up sinking funds to be applied to aut…

To provide funds for defraying expenses for the installation, maintenance and operation of the road-lighting service to the district, the district board may provide for a tax not exceeding one-tenth of one percent (0.001) of the real market value of all taxable property within th…

Funds collected on behalf of the district through the levy of taxes, all donations, contributions, bequests or annuities and all borrowed moneys received by or on behalf of the district shall be deposited in accordance with ORS 295.001 to 295.108 and as designated by the board. F…

All warrants for the payment of any indebtedness of a district which are unpaid for want of funds shall bear interest at a rate to be fixed by the district board but not to exceed six percent per annum from the date of the registering of the unpaid warrants with the county treasu…

(1) A district board may divide its district into zones for the purpose of imposing and levying ad valorem taxes at different rates on the assessed value of all taxable property in each zone. The establishment of zones within a district under this section shall be based upon diff…

(1) The district board shall cause a notice of a public hearing relating to the formation of zones under ORS 478.480 (1) to be published once a week for two successive weeks in the newspaper in general circulation in the district which, in the judgment of the district board, will…

(1) After the public hearing required under ORS 478.480 (2), if the district board decides to proceed with the proposal, it shall submit the question of dividing the district into zones to the voters of the district at the next regular district election on the date specified in O…

(1) When a proposal for dividing a district into zones is approved by the voters of a district, a proposal for changing the boundaries of the zones shall not be submitted to the voters at the regular district election next following such approval, but may be submitted at any regu…

If a district is divided into zones under ORS 478.480 (1), the district board shall determine, make and declare the ad valorem tax levy for each zone when the district board adopts its budget for any fiscal year. The determination of the amount of ad valorem taxes to be levied in…

(1) The electors of a district may initiate proceedings to divide the district into zones under ORS 478.155 and 478.480 to 478.500 by filing a petition with the district board. The petition shall state the name of the district and contain a request that the district board divide …

Funds accruing to a district, located in two or more counties, from any source shall be deposited in accordance with ORS 295.001 to 295.108 and shall be drawn out only upon proper order and warrant or check bearing the signature of those persons authorized to sign warrants or che…

In addition to any other method of initiating proceedings to withdraw territory from a district, the county board may, after appropriate proceedings, order the withdrawal of forestland from a district if: (1) Written request for the withdrawal is submitted to the county board by …

(1) As used in this section: (a) “Annex” means to add lands to a district. (b) “Coverage area” means an area established by a district pursuant to this section that consists of the following: (A) Lands that are included in the district; and (B) Some or all of the lands that are w…

As used in ORS 478.845 to 478.875: (1) “District” means a rural fire protection district organized under ORS chapter 478. (2) “Fire safety system” means any device or system that protects structures or people from damage, injury or destruction by fire or that minimizes the effect…

(1) Notwithstanding any other provision of law or any restriction on indebtedness contained in a charter, a city or district may issue and sell revenue bonds under ORS 478.845 to 478.875, loan moneys to qualified persons for the installation of fire safety systems and enter into …

(1) Revenue bonds issued under ORS 478.845 to 478.875: (a) Shall not be payable from nor charged upon any fund other than the revenue pledged to the payment of the revenue bonds. (b) Shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the …

(1) Proceeds of revenue bonds issued and sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons for acquisition and installation of fire safety systems in structures owned by the borrowers shall be deposited in a loan fund created for the purpose by a city…

(1) The governing body of a city or district shall adopt standards to determine the eligibility of borrowers to borrow money from the loan fund established under ORS 478.855 for the purpose of acquiring and installing a fire safety system in a privately owned structure owned by t…

(1) Any loan contract providing for a loan of moneys to a borrower by a city or district shall include a plan for repayment by the borrower of moneys borrowed plus interest. The repayment plan: (a) Shall provide that the city or district obtain a lien on the structure in which a …

In addition to any other powers granted by law, a city or district may: (1) Make all contracts, execute all instruments and do all things necessary or convenient for the exercise of the powers granted by ORS 478.845 to 478.875, or for the performance of its covenants or duties, o…

If a borrower fails to comply with a contract entered into under ORS 478.865, the city or district may seek appropriate legal remedies to secure any repayment due the loan fund created by ORS 478.855. [1995 c.725 §8] Note: See note under 478.840.

The Legislative Assembly finds and declares that: (1) The best interest of the state is served by providing financial incentives for the installation of fire safety systems in multifamily housing. (2) The design and nature of multifamily housing creates a higher fire risk than th…

(1) As used in this section: (a) “District” means a rural fire protection district organized pursuant to ORS chapter 478. (b) “Fire safety system” means a device or series of devices that protects structures from damage or destruction by fire, protects people from injury by fire …

A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [Amended by 1969 c.667 §54; 1971 c.268 §19]

The fire prevention code may provide reasonable regulations relating to: (1) Prevention and suppression of fires. (2) Mobile fire apparatus means of approach to buildings and structures. (3) Providing fire-fighting water supplies and fire detection and suppression apparatus adequ…

The provisions of a fire prevention code adopted by a district after October 4, 1977, shall not apply within any city or county within the district unless the governing body of the city or county approves the fire code by resolution. [1977 c.292 §5]

A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of bui…

When a district has adopted a fire prevention code as provided in ORS 478.910: (1) No person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant …

(1) No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one’s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial was…

(1) If the fire-fighting apparatus or personnel, or either of a district, are required to respond and be used actively or on a standby basis in connection with the extinguishment or control of a fire that has been started or allowed to spread in willful violation of ORS 478.960 (…

The purpose of ORS 478.970 to 478.982 is to establish a unique identifier for each district to be used for statistical purposes by the State Fire Marshal and in the process of insurance rating. ORS 478.970 to 478.982 do not alter or add to the corporate title or identification of…

(1) When a district is organized, the first board or chief of the district shall request, in writing or via electronic communication, that the State Fire Marshal issue a unique identifier to the district. (2) Except as provided in this subsection, upon receipt of a request from t…

In the event of a consolidation or merger of two or more districts, the State Fire Marshal shall determine a unique identifier for the consolidated or merged districts. [1953 c.164 §6; 1969 c.667 §63; 1971 c.727 §143; 2001 c.426 §4; 2025 c.179 §7]