Title 38, Protection from Fire

If the Governor is unavailable to make timely exercise of the authority under ORS 476.510 to 476.610, the State Fire Marshal may exercise such authority, and if that individual is unavailable, a chief deputy state fire marshal may exercise such authority. Any orders, rules or reg…

The Governor may assign and make available for use and duty in any county, city or district, under the direction and command of an officer designated by the Governor for the purpose, any part of the fire-fighting forces and equipment of any fire-fighting organization in this stat…

The chief executive of any county, city or fire protection district or the head of any fire department of any political subdivision, including agencies of this state, if so ordered by the Governor, shall assign and make available for duty and use in any county, city or fire distr…

Whenever the fire-fighting forces of any county, city or fire district are rendering outside aid pursuant to ORS 476.520 or 476.530, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges and immunities as though they were per…

When any equipment is used pursuant to ORS 476.520 or 476.530 the state shall be liable for any loss thereof or damage thereto and shall pay any expense incurred in the operation or maintenance thereof. No claim for any such loss, damage or expense shall be allowed unless, within…

Whenever aid is supplied pursuant to ORS 476.520 to 476.590, the state shall reimburse the political subdivision supplying such aid for the compensation paid to employees supplied under ORS 476.520 to 476.590 during the time the rendition of such aid prevents them from performing…

(1)(a) The State Fire Marshal Mobilization Fund is established in the State Treasury, separate and distinct from the General Fund. (b) The State Fire Marshal Mobilization Fund consists of moneys appropriated by the Legislative Assembly for deposit in the fund, grant funds receive…

On or before March 31 of each odd-numbered year, the Department of the State Fire Marshal shall report to the Joint Committee on Ways and Means, or to the interim Joint Committee on Ways and Means, on: (1) The amounts appropriated, allocated, deposited or transferred to the State…

Substitute firefighters or recalled off-duty firefighters within any county, city or fire district from which regular firefighters are taken under the provisions of ORS 476.530, not exceeding the number of regular firefighters, may be recalled or appointed by the same persons aut…

(1) Upon request of an employee who is a volunteer firefighter of a rural fire protection district or a firefighter employed by a city or a private firefighting service to perform service pursuant to ORS 476.510 to 476.610, the employee, upon written notice by the employer, may b…

(1) Any violation of ORS 476.574 by an employer is an unlawful employment practice. (2) Complaints alleging a violation of ORS 476.574 may be filed by employees with the Commissioner of the Bureau of Labor and Industries. The commissioner shall enforce ORS 476.574 in the manner p…

The Governor may make, amend and rescind such orders, rules and regulations as are necessary or advisable to carry out the provisions of ORS 476.530 and 476.540. Any order issued by the Governor in relation to carrying out the provisions of ORS 476.520 to 476.610 may be either wr…

The State Fire Marshal, in consultation with the Director of the Oregon Department of Emergency Management, shall prepare plans for the effective carrying out of the provisions of ORS 476.520 to 476.610 and provide advice and counsel to the Governor for the most practical utiliza…

Neither the state nor any county, city or fire district or other political subdivision nor any firefighter acting as the agent of any of the foregoing is liable for any injury to person or property resulting from the performance of any duty imposed by the authority of ORS 476.520…

The state shall draw warrants on the State Treasurer for the payment of all duly approved claims lawfully incurred in pursuance of ORS 476.520 to 476.600. [Amended by 1983 c.740 §189; 1993 c.186 §5]

(1) As used in this section, “urban search and rescue” means the provision of technical rescue services involving location, extrication and initial medical stabilization of victims trapped in an urban area, including from structures or trenches collapsed due to natural disaster, …

(1) There is created the Governor’s Fire Service Policy Council. The council shall include the following nonvoting ex officio members: (a) The Director of the Department of Public Safety Standards and Training, or a designee thereof. (b) A designee of the Oregon Health Authority …

The Governor’s Fire Service Policy Council shall provide a biennial report to the Governor on the council’s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities …

(1) The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor. (2) The duties of the director shall include: (a) Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021. (b) Coordinating an…

(1) As used in this section: (a) “Defensible space” means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operat…

No person shall set or permit any fire on the Pacific Ocean shore, declared to be a state recreation area under ORS 390.615, adjacent to any structure or any timber or forest area except pursuant to rule, regulation or permit of or from the State Parks and Recreation Department. …

No one shall, at any time, throw away any lighted tobacco, cigars, cigarettes, matches or other lighted material, on any forestland, private road, public highway or railroad right of way within this state. Everyone operating a public conveyance shall post a copy of this section i…

ORS 476.010 to 476.090, 476.155 to 476.170, 476.210 to 476.270, 476.990 (1)(a) and 479.168 to 479.190 are remedial in nature and shall be construed liberally. [Amended by 2011 c.97 §2; 2023 c.347 §5]

(1) The State Fire Marshal shall adopt rules establishing minimum standards for carbon monoxide alarms in one and two family dwellings and multifamily housing. The rules adopted by the State Fire Marshal may include, but need not be limited to, rules establishing minimum standard…

(1) The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness shall, prior to the release, or immediately after the escape, from such institution of any person committed to such institution for arson or …

(1) As used in this section, “sky lantern” means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne. (2) A person may not release a sky lantern into the airspace of this state. (3) V…

As used in ORS 476.755 to 476.790 and 476.995: (1) “Cigarette” means a roll for smoking: (a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is …

(1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to have reduced ignition propensity. (2) Cigarette packaging may not bear a marking or other device identifying the packaged c…

(1) The State Fire Marshal shall impose civil penalties under ORS 476.995 in the manner provided by ORS 183.745. (2) The Attorney General may bring an action at the request of the Department of the State Fire Marshal, in the name of the state, seeking: (a) Injunctive relief to pr…

(1) For each variety of cigarette sold or proposed for sale in this state, the State Fire Marshal shall determine whether that variety of cigarette has reduced ignition propensity. (2) Any cigarette variety certified by a manufacturer under ORS 476.780 shall be determined to have…

(1) A laboratory that conducts ignition propensity testing for purposes of ORS 476.770 must have a quality control and assurance program. The program shall be designed to ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatabi…

(1) A manufacturer shall submit a written certification attesting that each variety of cigarette listed in the certification has been subjected to ignition propensity testing described in ORS 476.770 and meets the fire safety performance standard described in ORS 476.770 (6). (2)…

(1) A manufacturer shall place a single type of marking on all packaging for cigarettes of the manufacturer sold in this state to indicate that cigarettes of the manufacturer sold in this state meet the fire safety performance standard established in ORS 476.770 (6). (2) A manufa…

(1) A manufacturer selling cigarettes to a wholesale dealer in this state shall provide the wholesale dealer with a copy of the certification for those cigarettes submitted to the State Fire Marshal under ORS 476.780. The manufacturer shall also provide the wholesale dealer with …

The interpretations given to the New York Fire Safety Standards for Cigarettes (Part 429, Title 19, New York Environmental Conservation Rules and Regulations) shall be persuasive authority in the interpretation of ORS 476.755 to 476.790 and 476.995. [2007 c.34 §12] Note: See note…

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 §…

(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 Fi…

As used in ORS 476.831 to 476.856: (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) Pr…

(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: (a…

(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 …

(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: (a) Have access during reasonable business hours to facilities within this state used in the bus…

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] Note: See note under 476.831.

The Attorney General may bring an action at the request of the State Fire Marshal, in the name of the state, seeking: (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 …

(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. …

The State Fire Marshal may approve an application for a fire protection equipment acquisition loan if the State Fire Marshal finds that: (1) Moneys in the Fire Protection Equipment Loan Fund will be available therefor; and (2) The application is for the acquisition of equipment d…

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: (1) The amount and purpose of …

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 t…

(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 t…

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 o…

(1) The following are Class A misdemeanors: (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 promulga…