justicedao/ipfs_state_laws huggingface dataset:
629-047-0070 Records (1) Each district shall maintain records of all violations occurring on and after the effective date of this rule. (2) For each violation, districts shall record the following minimum information: (a) Name of violator, as it appears on a driver license or as it appears in records of the Corporation Division of the Secretary of State; and (b) Date of the violation; and (c) A description of the violation, including the Oregon Revised Statute number and the Oregon Administrative Rule number; and (d) Whether a Fire Prevention Citation or a Fire Prevention Warning was issued; and (e) The serial number of the Fire Prevention Citation or Fire Prevention Warning form. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0090 Enforcement Policy for ORS 477.510 — Acts Prohibited During Closed Fire Season A Fire Prevention Citation shall be issued for all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.510 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0100 Enforcement Policy for ORS 477.515, OAR 629-043-0041 and 629-043-0043 — Burning Permits A Fire Prevention Citation shall be issued for all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.515 History: DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025 DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0110 Enforcement Policy for ORS 477.535, 477.540, 477.545 and 477.550 — Regulated, Permit, Absolute Closures The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.535, 477.540, 477.545 & 477.550 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0120 Enforcement Policy for ORS 477.565 and OAR 629-043-0005 — Snag Falling The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.565 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0130 Enforcement Policy for ORS 477.615 and OAR 629-043-0010 — Additional Water Supply A Fire Prevention Citation shall be issued for all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.615 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0150 Enforcement Policy for ORS 477.625 and OAR 629-043-0026 — Permit to Use Fire or Power-Driven Machinery and Operation Area Fire Prevention (1) For ORS 477.625 and OAR 629-043-0026(1), a Fire Prevention Citation shall be issued for all violations. (2) For OAR 629-043-0026(2) to (5), the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.625 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0160 Enforcement Policy for ORS 477.635 — Refused, Suspended or Revoked Permit To Use Fire Or Power-Driven Machinery A Fire Prevention Citation shall be issued for all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.635 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0170 Enforcement Policy for ORS 477.640 and OAR 629-043-0036 — Powersaws The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.640 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0180 Enforcement Policy for ORS 477.645 and OAR 629-043-0015 — Spark Arresters The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0190 Enforcement Policy for ORS 477.650 and OAR 629-043-0020 — Water Supply and Equipment for Stationary Equipment The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.6750 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0200 Enforcement Policy for ORS 477.655 and OAR 629-043-0025 — Fire Tools The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0210 Enforcement Policy for ORS 477.660 — Additional Protection Facilities The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.660 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0220 Enforcement Policy for ORS 477.665 and OAR 629-043-0030 — Watchman The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0230 Enforcement Policy for ORS 477.670 and OAR 629-043-0070 — Industrial Fire Precaution Levels The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.670 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0250 Enforcement Policy for ORS 477.695 — Railroad Right-Of-Way The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.695 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0260 Enforcement Policy for ORS 477.710 — Campfires A Fire Prevention Citation shall be issued for all violations. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.710 History: FB 2-1994, f. & cert. ef. 6-9-94
629-047-0270 Enforcement Policy for ORS 477.720 — Accidentally Setting Fire to Forestland The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0280 Enforcement Policy for ORS 477.740 — Unlawful Use of Fire (1) For ORS 477.740(1)(a) and 477.740(1)(b), a Fire Prevention Citation shall be issued for all violations. (2) For ORS 477.740(1)(c): (a) If a bona fide effort was made by the violator, the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. (b) If a bona fide effort was not made by the violator, a Fire Prevention Citation shall be issued for all violations. (3) For ORS 477.740(2): (a) If the violator was responsible for the starting or existence of the fire, a Fire Prevention Citation shall be issued for all violations. (b) If the violator was not responsible for the starting or existence of the fire, the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0290 Enforcement Policy for ORS 477.993(3) — Unauthorized Entry Into a Fire Scene (1) A Fire Prevention Warning shall be issued for any unauthorized entry into a fire scene secured in accordance with ORS 477.365(1)(f), if the violator entered the secured area by accident or unintentionally. (2) A uniform citation for a Class A Misdemeanor shall be issued and processed for any unauthorized entry into a fire scene secured in accordance with ORS 477.365(1)(f), if the violator entered the secured area intentionally or after having been warned to avoid entry. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.365(1)(f) & 477.993(3) History: DOF 2-2000, f. 1-13-00 cert. ef. 2-1-00
629-048-0001 Title, Scope and Effective Dates (1) OAR 629-048-0001 through 629-048-0500 are known as the Smoke Management rules. (2) The Smoke Management rules apply to prescribed burning of forest fuels for forest management purposes within any forest protection district in Oregon as described by OAR 629-041-0500 to 629-041-0575. (3) The Smoke Management rules are effective March 1, 2019 Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 2-2014, f. & cert. ef. 7-11-14 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0010 Purpose (1) ORS 477.013 requires the State Forester and the Department of Environmental Quality (DEQ) to approve a plan for managing smoke in areas that they are to designate, for the purpose of maintaining air quality. The plan must designate areas within which all burning must comply with the plan. (2) The Smoke Management rules are intended to establish the areas required by ORS 477.013; describe the objectives of the Smoke Management Plan; establish procedures to be followed in administering prescribed burning; educate the public as to the necessity of prescribed burning and the measures being taken to protect air quality, public health and visibility; and to provide enforceable mechanisms to ensure the requirements of the Smoke Management Plan are met. (3) The Smoke Management rules, promulgated by the State Forester, together with Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program,” shall comprise the Smoke Management Plan upon approval by DEQ and filing with the Secretary of State. (4) The objectives of the Smoke Management Plan are to: (a) Minimize smoke emissions resulting from prescribed burning as described by ORS 477.552; (b) Provide maximum opportunity for essential forestland burning; (c) Protect public health by avoiding intrusions; (d) Coordinate with other state smoke management programs; (e) Comply with state and federal air quality and visibility requirements; and (f) Promote the further development of techniques to minimize or reduce emissions by encouraging cost-effective utilization of forestland biomass, alternatives to burning and emission reduction techniques. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0020 Necessity of Prescribed Burning (1) ORS 477.005 declares that the public policy of the State of Oregon is to preserve forests “through the prevention and suppression of forest fires.” Prescribed burning is an important tool used to reduce forest fuels, re-introduce fire on the landscape, and has been demonstrated to reduce the potential for a fire to start or reduce its severity. It has also been demonstrated that fire suppression actions are more effective and lower in cost in areas with a recent history of burning. (2) As a part of the natural ecology of forestlands, wildfire is neither necessarily good nor bad. In fire-dependent ecosystems, frequent wildfire serves to limit spread of subsequent fires. However, there are a number of undesirable characteristics of unplanned, uncontrolled fires. Among these are threats to public safety, destruction of natural resources and property, and the adverse health effects that can occur from breathing a significant amount of fine particulate matter associated with wildfire smoke. (3) When areas do not experience fire or other means of reducing forest fuels for extended periods, wildfire hazard increases. The likelihood increases if unplanned ignitions occur, through whatever means, the resulting wildfire will burn at greater intensity and be more difficult to suppress. (4) Because wildfires typically burn during hotter, drier conditions than those usually planned for prescribed fires, forest fuels are more completely consumed, producing more emissions. Also, wildfires often occur during periods of atmospheric stability, trapping smoke close to the ground where it’s more likely to impact humans. (5) Prescribed burning is an important forest management technique in all of Oregon’s forests to reduce forest fuels for the purposes of both short term and long term fire prevention and to aid in fire suppression. Prescribed burning is typically conducted when weather conditions allow fine fuels to readily ignite while larger fuels are consumed to a lesser degree than in a wildfire. Resulting emissions are reduced and dissipated quickly, before affecting populated areas. (6) When forest fuel reduction can be achieved economically without using prescribed burning, that choice is usually favored. Even so, there are often silvicultural or agricultural advantages to prescribed burning such as site preparation, nutrient cycling and reduction of pests and disease that may not be achieved by simply removing the forest fuels. For all these reasons described above, the Legislative Assembly (ORS 477.552) and Board of Forestry have found it necessary to maintain prescribed burning as a forest management practice. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0021 Necessity of Safeguarding Public Health (1) Excessive smoke, no matter its source, can pose a serious health risk to the public, especially vulnerable populations. (2) To help minimize the health risks to the public from prescribed burning, the program encourages prescribed burning emissions be minimized and smoke intrusions be avoided. Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041 Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562 History: DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019
629-048-0100 Regulated Areas (1) All lands classified as “forestland” under ORS 526.305 to 526.370 and all forestland managed by a federal agency regardless of whether or not classified, within a forest protection district, are subject to regulation of prescribed burning pursuant to 477.013. The level of regulation may vary according to specific classification; e.g., Class 1, 2 or 3 forestland as described in 526.305 to 526.370. (2) Class 1 forestland in western Oregon, and all forestland managed by a federal land management agency statewide, within a forest protection district, is subject to burn registration at least seven days in advance (OAR 629-048-0300), fee administration (629-048-0310), compliance with Smoke Management forecast instructions (629-048-0230), and reporting of accomplishments (629-048-0320). The forestlands and applicable regulations listed in this section may be referred to as “Level 1 regulation.” (3) All other non-federal forestland within a forest protection district, including, but not limited to, private forestlands in eastern Oregon and Class 3 private forestland in western Oregon is subject to burn registration (OAR 629-048-0300) and reporting of accomplishments (629-048-0320) but is not subject to fee administration or compliance with smoke management forecast instructions. The forestlands and applicable regulations listed in this section may be referred to as “Level 2 regulation.” (4) All prescribed burning on forestland within a forest protection district is subject to suspension of burning by the forester under ORS 477.520 due to conditions such as air stagnation or fire danger. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0110 Characterization and Response to Smoke Incidents, Smoke Intrusions, and National Ambient Air Quality Standards (NAAQS) Exceedances (1)(a) When investigating or collecting information on smoke incidents or smoke intrusions, the department will attempt to characterize the impact as either a smoke intrusion or a smoke incident as defined in OAR 629-048-0005. (b) As used in the Smoke Management rules, "smoke intrusion" refers only to ground level prescribed burning smoke that enters an SSRA at particulate matter values defined in OAR 629-048-0005(27). (2) When measurements or observations are available, smoke incidents or smoke intrusions are characterized based on particulate matter values over a one-hour average period, or a 24-hour average period from midnight to midnight . (3) When no particulate matter data are available, smoke incidents or smoke intrusions are determined based on reduction in visibility averaged over a one-hour period using standard National Weather Service visibility observation criteria (Federal Meteorological Handbook No. 1) and a table of reductions keyed to various background visibility levels as displayed in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program.” (4) Smoke incidents and smoke intrusions will be documented and used to assess annual program performance. Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program” will describe applicable reporting requirements and actions to be taken. (5) Smoke intrusions that average at or above the 24-hour average PM2.5 value of 35 microgram per cubic meter (NAAQS exceedance) will be reported to DEQ as soon as possible. Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program” will describe applicable reporting requirements and adaptive management actions to be taken if this event occurs. [ED. NOTE: Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program.” is available online at: http://www.oregon.gov/ODF/Documents/Fire/smd.pdf] Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0120 Air Quality Maintenance Objectives (1) When prescribed burning is conducted near, but outside communities or areas designated as SSRAs, the objective of the Smoke Management Plan is to minimize emissions and avoid smoke intrusions into the SSRA. (2) When prescribed burning is conducted inside an SSRA, the Smoke Management Plan objective is to use best burn practices and prompt mop-up, as appropriate, along with tight parameters for burn-site conditions that are intended to vent the main smoke plume up and out of the SSRA and minimize residual smoke. (3) In all other instances of prescribed burning it is the intent under the Smoke Management Plan to minimize the amount and duration of smoke that comes in contact with humans where they live, work or gather in public. (4) The first element in minimizing smoke contact is encouraging forestland owners to burn only those units which cannot otherwise meet forest management objectives in cost- effective alternative ways such as wood or biomass utilization. (5) When prescribed burning is used, owners are further encouraged to employ the emission reduction techniques described in OAR 629-048-0210 to ensure the least emissions practicable. (6) In addition to compliance with Smoke Management instructions issued in the daily forecast and compliance with all conditions of the burn permit required under ORS 477.515, burn bosses and field administrators are encouraged to closely observe local conditions at the burn site. They should alter or suspend lighting if necessary, and mop-up burns, when appropriate, in a manner that takes into consideration the possible smoke effects from the main smoke plume or significant residual smoke on residences or businesses that may be near the burn site. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
629-048-0130 Visibility Objectives (1) It is the intent under the Smoke Management Plan to comply with the Oregon Visibility Protection Plan (OAR 340-200-0040, Section 5.2). (2) It is the intent under the Smoke Management Plan to operate in a manner consistent with the Oregon Regional Haze Plan, including the Enhanced Smoke Management Program (ESMP) criteria contained in the plan, for the purpose of protecting Class I Area visibility. These ESMP criteria include: (a) Actions to minimize emissions; (b) Evaluation of smoke dispersion; (c) Alternatives to fire; (d) Public notification; (e) Air quality monitoring; (f) Surveillance and enforcement; (g) Program evaluation; (h) Burn authorization; and (i) Regional coordination. (3) When prescribed burning is conducted outside any Class I Area, an objective of the Smoke Management Plan is to minimize any smoke that impairs visibility inside the Class I Area. In addition to compliance with Smoke Management instructions issued in the daily forecast and compliance with all conditions of the burn permit required under ORS 477.515, burn bosses and field administrators are encouraged to closely observe local conditions at the burn site to avoid the main smoke plume entering a Class I Area at ground level. (4) When prescribed burning is conducted inside a Class I Area, the Smoke Management Plan objective is to use best practices along with tight parameters for burn site conditions that will vent the main smoke plume up and out of the Class I Area and minimize residual smoke. Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562 History: DOF 2-2014, f. & cert. ef. 7-11-14 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08