Title 38, Protection from Fire

As used in this chapter, unless the context requires otherwise: (1) “Fire protection equipment” means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment. (2) “Gover…

(1) As used in ORS 476.010 to 476.115, 476.150 to 476.170 and 476.210 to 476.270, “alterations,” “construction,” “family,” “hospital,” “occupancy” and “private residence” have the meanings given those terms in ORS 479.168. (2) As used in ORS 476.030 and other laws relating to the…

(1) The Department of the State Fire Marshal is established. The department is under the supervision and control of the State Fire Marshal. (2) The Governor shall appoint the State Fire Marshal, who holds the office at the pleasure of the Governor. The appointment of the State Fi…

(1) The State Fire Marshal shall enforce all statutes, and make rules relating to: (a) The prevention of fires. (b) The storage and use of combustibles and explosives. (c) The maintenance and regulation of structural fire safety features in occupied structures and overseeing the …

(1) As used in this section: (a) “Adult foster home” has the meaning given that term in ORS 443.705. (b) “Area agency” has the meaning given that term in ORS 410.040. (c) “Community developmental disabilities program” means a program established under ORS 430.620 (1)(a). (d) “Com…

The State Fire Marshal may: (1) Establish headquarters and regional offices of the Department of the State Fire Marshal at places the State Fire Marshal considers advisable for the protection of this state; (2) Operate, and authorize chief deputy state fire marshals, deputy state…

When the State Fire Marshal finds that practical difficulties, unnecessary hardship or consequences inconsistent with the general purposes of statutes and regulations administered by the State Fire Marshal relating to fire protection and fire prevention may result under the provi…

The State Fire Marshal shall appoint chief deputy state fire marshals and deputy state fire marshals whose duties shall be to assist in carrying into effect the provisions of ORS 476.010 to 476.090 and 476.155 to 476.170, 476.210 to 476.270 and 479.168 to 479.190. The State Fire …

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of the State Fire Marshal may require the fingerprints of a person who: (1) Is employed or applying for employment by the department; or (2) Provides or seeks to provide …

The salary of the chief deputy state fire marshals and deputy state fire marshals, compensation of clerks and other assistants and other expenses of the Department of the State Fire Marshal necessary in the performance of the duties imposed upon the State Fire Marshal shall be pa…

(1) All moneys received by the Department of the State Fire Marshal shall be paid into the State Treasury, and shall be placed by the State Treasurer to the credit of the State Fire Marshal Fund, except those moneys received and accounted for under the provisions of ORS 279A.290 …

(1) All fire marshals in those governmental subdivisions having such officers, and where no such officer exists, the chief of the fire department of every city or rural fire protection district in which a fire department is established, the marshal or chief of police, officer of …

The State Fire Marshal, the deputies or assistants of the State Fire Marshal, or any of them, may: (1) At all reasonable hours, in performance of the duties imposed by the provisions of ORS 476.030, enter upon and examine any building or premises wherein fire has occurred, and ot…

(1) The Department of the State Fire Marshal shall keep a record of all fires occurring in this state and of all facts concerning the same, including statistics as to the extent of such fires and the damage caused, whether such losses were covered by insurance, and if so, in what…

The Department of State Police shall employ a sufficient number of state police who shall perform the duties of enforcement of criminal laws and other statutes of Oregon with reference to the suppression and punishment of arson and fraudulent claims and practices in connection wi…

(1) The State Fire Marshal may by order from time to time designate not more than seven regions within the state and establish regional appeal advisory boards for each of the designated regions. (2) Each regional appeal advisory board shall consist of three regular members and th…

(1) Each regional appeal advisory board shall: (a) Elect a chairperson to whom referral of any matter by the State Fire Marshal shall be effective as to all board members, and who shall call and preside over meetings. (b) Consider, and make recommendations to the State Fire Marsh…

(1) The Department of the State Fire Marshal shall: (a) Adopt a base fire prevention code, identified as the Oregon Fire Code; (b) Keep the base fire prevention code on file at the state headquarters; and (c) Make a copy of the base fire prevention code publicly available electro…

The State Fire Marshal, in making rules and regulations establishing minimum standards for the protection of life and property against fire, shall consider as evidence of generally accepted standards the applicable standards prescribed from time to time by the National Fire Prote…

(1) The Department of the State Fire Marshal shall provide department employees with standard uniforms, response apparatus, motor vehicles and all other emergency supplies and equipment necessary to carry out the duties of the department. (2) The Oregon Department of Administrati…

(1) The State Fire Marshal may from time to time cause to be prepared statistical reports on the history and condition of state fire defenses, and an analysis of contributing factors of fire causes for the period of the report. Such reports may be printed at the expense of the De…

(1) The Department of the State Fire Marshal shall increase the department’s wildfire readiness and response capacity to the extent the department receives funding for the increase, by means including: (a) Increasing fire prevention and response personnel and fire administrative …

(1) The State Fire Marshal and deputies, at all reasonable hours, may enter into all buildings and upon all premises, except private residences, for the purpose of inspection to ascertain if fire hazards exist therein or thereon. Owners of private residences may request a fire in…

Judges authorized by law to issue search warrants, upon application of the State Fire Marshal, or deputies or assistants of the State Fire Marshal, may issue an inspection warrant whenever an inspection or investigation of any building or premises is required or authorized by any…

(1) An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or rule requiring or authorizing the inspection or investigation, the place, building or premises …

(1) Before issuing an inspection warrant, the judge may examine under oath the applicant or any other witness to be satisfied of the existence of grounds for granting such application. (2) If the judge is satisfied that cause for the inspection or investigation exists and that th…

(1) Except as provided in subsection (2) of this section, in executing an inspection warrant, the person authorized to execute the warrant, before entry, shall make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possessi…

If the State Fire Marshal or a deputy or assistant of the State Fire Marshal, or a person acting for a governmental subdivision described in ORS 476.030, inspects a structure under this chapter and issues a citation or order for nonconformity with a federal, state or local fire s…

(1) The municipal fire marshals, fire department chiefs, constables and other officers referred to in ORS 476.060 shall investigate the cause, origin and circumstances of each fire occurring in their respective cities, villages or townships, by which property has been destroyed o…

(1) The officer making an investigation of a fire occurring in a city, village or township shall forthwith notify the State Fire Marshal and, within one week of the occurrence of the fire, shall furnish the State Fire Marshal a written statement of all facts relating to its cause…

If in the opinion of the State Fire Marshal further investigation is necessary, the State Fire Marshal or deputy state fire marshal, with the assistance of the district attorney, shall then proceed to take or have taken the statements of all persons supposed to be cognizant of an…

If the Superintendent of State Police or an authorized assistant is of the opinion that there is evidence sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, or a similar crime, the Superintendent of State Police or authorized assist…

The district attorney may at the discretion of the district attorney, upon the application of the State Fire Marshal or a chief deputy state fire marshal, issue a subpoena to summon the attendance of witnesses before the district attorney to testify in relation to any matter whic…

The district attorney of any county, upon request of the state, county or a municipal police agency, shall assist such officers in the investigation of any fire which in their opinion is of incendiary origin. [Amended by 1967 c.417 §10]

(1) If an insurance company has reason to believe that a fire loss to its assured’s real or personal property was caused by incendiary means, the company shall immediately make a report to the Department of the State Fire Marshal. The report shall indicate the name of the assured…

Under instructions from the State Fire Marshal as to the exercise of state authority, for the purpose of preserving evidence and investigating liability for the actual cost, as defined in ORS 476.276, of a fire, a deputy state fire marshal may: (1) Secure the fire origin area at …

(1) At the request of the State Fire Marshal, for the purpose of investigating liability for the actual cost, as defined in ORS 476.276, of a fire, the Attorney General may administer oaths and affirmations, take testimony or depositions and by subpoena compel: (a) The attendance…

(1) As used in this section, “actual cost” means: (a) Any costs incurred by the State Fire Marshal in controlling or extinguishing a fire under this chapter, including under ORS 476.510 to 476.610; and (b) Any payments made by the State Fire Marshal as reimbursement for controlli…

(1) The fire chief, or the representative of the fire chief, of any duly organized municipal or rural fire protection district may extinguish any uncontrolled fire found to be burning in any unprotected area, if: (a) The governing body of the city or the district board of the rur…

Whenever a fire is extinguished pursuant to ORS 476.280, the governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may, on forms furnished by the Department of the State Fire Marshal for such purposes, bi…

(1) No person, outside the boundaries of a rural fire protection district or a forest protection district, shall cause or permit to be initiated or maintained on the property of the person, or cause to be initiated or maintained on the property of another any open burning of comm…

(1) As used in this section, “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 operations…

The Community Risk Reduction Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Risk Reduction Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and …

(1) The State Fire Marshal shall annually report regarding the status of State Fire Marshal and local government activities for carrying out ORS 476.392 to a committee or interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245, to …

All equipment for fire protection purposes purchased by state and municipal authorities, or any other authorities having charge of public property, shall be equipped with the standard thread for fire hose couplings and hydrant fittings as adopted by the State Fire Marshal under O…

The standardization of existing fire protection equipment in this state shall be arranged for and carried out by or under the direction of the State Fire Marshal who may proceed to make the changes necessary to standardize all existing fire protection equipment in this state. Pri…

The State Fire Marshal shall notify industrial establishments and property owners having equipment for fire protection purposes, which may be necessary for a fire department to use in protecting the property or putting out fire, of the changes necessary to bring their equipment u…

No person shall sell or offer for sale in Oregon any fire hose, hydrant, fire engine or other equipment for fire protection purposes unless such equipment is fitted and equipped with the standard thread for fire hose couplings and hydrant fittings as has been adopted by the State…

(1) As used in this section: (a) “Fire department” means any organization maintained for the purpose of preventing or combating fire. (b) “PFAS firefighting foam” means a foam substance that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance and that is u…

ORS 476.510 to 476.610 shall be known as the Emergency Conflagration Act.