justicedao/ipfs_state_laws huggingface dataset:
629-041-0565 Walker Range Forest Protection District Boundary The boundary of the Walker Range Forest Protection District is as follows: Beginning at the point where the boundaries of Deschutes County, Klamath County and Lane County, as set forth in ORS 201.090, 201.180 and 201.200, intersect, in or near section 34, township 22 south, range 6 east, Deschutes County; thence easterly and southerly on the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), to the northeast corner of section 17, township 25 south, range 13 east, Lake County; thence south to the southeast corner of the northeast quarter of section 17, township 25 south, range 13 east, Lake County; thence west to the southeast corner of the northwest quarter of section 17, township 25 south, range 13 east, Lake County; thence south to the southeast corner of the northwest quarter of section 29, township 25 south, range 13 east, Lake County; thence west to the southeast corner of the northeast corner of section 30, township 25 south, range 13 east, Lake County; thence south to the southeast corner of section 31, township 25 south, range 13 east; Lake County; thence east to the centerline of Oregon Highway 31, in or near section 4, township 26 south, range 13 east, Lake County; thence southerly on the centerline of Oregon Highway 31 to the common line of section 3 and section 4, township 26 south, range 13 east; Lake County; thence south to the southeast corner of section 4, township 27 south, range 13 east, Lake County; thence westerly on the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, to the boundary of the Douglas Forest Protection District, as set forth in 629-041-0530, in or near section 34, township 26 south, range 6 1/2 east, Klamath County; thence northerly on the boundary of the Douglas Forest Protection District, as set forth in 629-041-0530, to the boundary of Lane County, as set forth in ORS 201.200, in or near section 4, township 25 south, range 5 1/2 east, Klamath County; thence northerly on the common boundary of Klamath County and Lane County, as set forth in 201.180 and 201.200, to the point of beginning.. Statutory/Other Authority: ORS 477.225 Statutes/Other Implemented: ORS 477.225 History: DOF 2-2002, f. & cert. ef. 3-13-02 DOF 3-2000, f. & cert. ef. 6-27-00 DOF 10-1998, f. & cert. ef. 8-13-98
629-042-0005 Forest Protection Plans Pursuant to ORS 477.210(2), a forest protection plan filed by a owner of forestland shall include the following information, before consideration of approval by the Oregon Board of Forestry: (1) A complete legal description of the forestland to be protected. (2) A map, with scale of two inches to the mile, revealing section, township and range lines of the forestland involved, and showing thereon roads, streams, trails, structures, fuel types and the location of protection facilities for such land. (3) A general description of the land management activities to be conducted on the forestland. (4) The name, address and telephone number of the person who is in charge of forest protection on the forestland to be protected and who is obligated to carry out the provisions of a approved forest protection plan. (5) A complete description of the methods to be used for the prevention of fire on the forestland to be protected. (6) A complete description of the systems and methods to be used for the timely discovery and reporting of any and all fires originating on or spreading to the forestland to be protected. (7) A complete description of the procedure to be used for notifying the forester, in the event of any fire on the forestland to be protected. (8) A complete description of the personnel resources available for fire suppression, including personnel for initial attack activities, personnel for extended attack activities and personnel for support and logistics activities. (9) A complete description of the training standards and requirements for the personnel resources described in subsections (4) and (8) of this rule. (10) A complete description of the type, location and amount of fire fighting equipment in serviceable condition, including but not limited to shovels, hoes, axes, backpack pumps, fire hose, engines, water tenders, portable tanks, portable pumps, dozers, communications, aircraft and equipment for the transportation of men and equipment to be used for initial attack activities, extended attack activities and for support and logistics activities. (11) A complete description of the systems, methods and guiding strategies to be used for the timely suppression of fire on or spreading from the forestland to be protected. (12) A certification that the Incident Command System will be used to manage fire suppression activities on the forestland involved. (13) The signature of each owner of the forestland to be protected, together with their address and telephone number. Statutory/Other Authority: ORS 526.016 & 526.041 Statutes/Other Implemented: ORS 477.210 History: DOF 11-1998, f. & cert. ef. 8-13-98 FB 6, f. 5-9-60
629-042-1000 Purpose The purpose of OAR 629-042-1005 to 629-042-1070 is to set forth the standards, requirements, and procedures by which the Certified Burn Manager program will be operated, pursuant to ORS 526.360(3). Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1005 Definitions (1) The definitions set forth in ORS 526.005, ORS 477.001, and OAR 629-041-0005 shall apply to OAR Chapter 629, Division 042. (2) The following words and phrases, when used in OAR Chapter 629, Division 042, shall mean the following: (a) "Accreditation" means approval from the Forester to conduct and document training required by OAR 629-042-1065. (b) "Certificate" means a Certified Burn Manager certificate issued by the Oregon Department of Forestry pursuant to ORS 526.360(3) and OAR 629-042-1015. (c) “Certification period" means a period of five years, beginning on the date a certificate is issued. (d) "Certified Burn Manager" means an individual who has a current and valid certificate. (e) "Committee" means the Certified Burn Manager Advisory Committee. (f) “Dangerous or adverse situation" means conditions that are a significant deviation from a prescribed burn plan and resulting or has the potential to result in negative consequences, as determined by the professional judgement of the Forester or a Certified Burn Manager. (g) "Field certification book" means a publication provided by the Forester in which successful operational field training required by OAR 629-042-1025(2) is documented. (h) "Forester" means the State Forester or authorized representative. (i)“Prescribed Fire” or “Prescribed burning” means the planned application and confinement of fire towildland fuels as defined in OAR 629-044-1005(k) on lands selected in advance of that application. (j) “Prescribed burn plan” is a plan prepared to conduct a prescribed burn, in accordance with OAR 629-042-1040(1). (k) “Successfully completed" and "successful performance" means completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, and which has been properly documented. (l) "Training provider" means a certified instructor who is accredited to conduct and/or document training required by OAR 629-042-1065. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1010 Intent (1) The Certified Burn Manager program is intended to provide oversight of training and certification concerning the safe and effective use of prescribed burning and to promote the use of prescribed burning for the purposes outlined in ORS 526.360. (2) Participation in the Certified Burn Manager program is voluntary. The forester may not require or condition the approval of a plan, or the issuance of a burning permit on the presence of a certified burn manager, for any prescribed burning. (3) Nothing in OAR 629-042-1000 to 629-042-1070 is intended to reduce the ability of a District, as defined in ORS 477.001(5), to exercise their responsibility to ensure that burning in their jurisdiction is conducted in a safe and lawful manner. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & ORS 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1015 Certified Burn Manager certification requirements. Certificates generally. (1) A certificate shall be issued only to an individual. Entities other than an individual, including but not limited to partnerships, corporations, and limited liability companies, are not eligible for a certificate. (2) A certificate will authorize the individual to conduct prescribed fires as permitted by the certificate. (3) The Forester will not issue a certificate prior to the receipt of all documents and fees required by OAR 629-042-1020. (4) The Forester shall assign a unique identification number to each certificate issued. (5) A certificate shall be valid for five years unless it is sooner revoked or surrendered. (6) A certificate may be renewed only after having been valid for at least four years (7) A certificate may not be renewed if: (a) It was revoked pursuant to OAR 629-042-1035(2); or (b) It has been more than six years since it was issued. (8) Certificates shall be non-transferable. (9) Authorized entries. (a) A Certified Burn Manager, the Forester, or a training provider may document successful completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, when they have personal knowledge that the person has properly completed the task being documented. (b) Notwithstanding (a) above, the Forester may document successful completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, if the requirements of OAR 629-042-1025(3), have been met. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1020 Certified Burn Manager certification requirements. Application procedures. Individuals applying for a Certified Burn Manager certificate shall provide to the State Forester's Representative: (1) A properly completed field certification book showing that the applicant has satisfactorily completed all training required by OAR 629-042-1025 and all tests required by OAR 629-042-1030; and (2) All fees required by OAR 629-042-1070. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1030 Certified Burn Manager certification requirements. Tests. (1) The Forester: (a) Shall provide for the development and administration of all tests required by this rule; (b) Shall establish a passing score for all tests required by this rule; (c) May not administer the same test to an individual more frequently than once every 30 calendar days; and (d) May not prohibit the use of written reference material by individuals taking tests. (2) Individuals taking tests required by this rule: (a) Shall display an approved government issued picture identification to the Forester or authorized Training Provider, prior to taking a test; and (b) Shall comply with all test taking requirements established by the Forester or authorized Training Provider. (3) Individuals shall successfully pass a test prior to requesting a field certification book from the Forester. (4) An individual who was unsuccessful in passing the test may appeal in accordance with ORS 183.484. Statutory/Other Authority: ORS 526.016 & 526.041 Statutes/Other Implemented: ORS 526.360 History: DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1040 Certified Burn Manager required actions and activities (1) A Certified Burn Manager shall: (a) Prepare or review a prescribed burn plan prior to ignition of a prescribed burn that they will supervise. The plan shall be prepared in a format approved by the Forester; and (b) Confirm that the notification required by OAR 629-042-1055(1), to adjacent landowners, has been made, prior to ignition of a prescribed burn that they will supervise; and (c) Be on site and maintain active supervision of the resources used on any prescribed burn the Certified Burn Manager is supervising during the ignition phase and the initial stages of the mop-up phase. (2) A Certified Burn Manager shall, when not required to be on site pursuant to (1), be readily available to return to a prescribed burn they are responsible for until: (a) The prescribed burn has achieved the conditions documented in the prescribed burn plan for transfer of responsibility to another person; or (b) Giving notice of termination of responsibility as provided in in (3)(b). (3) A Certified Burn Manager shall give notification to the District of: (a) Their assumption of responsibility for a prescribed burn; and (b) Their termination of responsibility for a prescribed burn. (4) The notifications of the Certified Burn Manager required in (3)(a) and (b) shall be: (a) Made by phone to the District that the burn is being conducted in; and (b) Made prior to ignition assuming responsibility under 3(a) and within 2 hours after termination of responsibility under 3(b). (5) A Certified Burn Manager shall not permit any dangerous or adverse situation on any prescribed burn for which they have responsibility. (6) A Certified Burn Manager shall cooperate fully with an investigation undertaken by the Forester pursuant to OAR 629-042-1035(1). Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1045 Certified Burn Manager prohibited actions and activities (1) A Certified Burn Manager may not use a certificate as the authority to supervise prescribed burning unless the burning is conducted pursuant to ORS 526.360(1). (2) A Certified Burn Manager may not terminate their responsibility for a prescribed burn unless: (a) There is a transfer of responsibility (A) Immediately to another Certified Burn Manager and documented on a form provided by the Forester; or (B) To the landowner, in accordance with the criteria established in the prescribed burn plan, and documented on a form provided by the Forester; and (b) There is a notification to the District pursuant to OAR 629-042-1040(3)(b). (3) The following persons may not use the title "Certified Burn Manager" and may not purport to be a Certified Burn Manager: (a) An individual whose certificate has expired; (b) An individual whose certificate has been revoked; or (c) An individual who has surrendered their certificate to the Forester. (4) A Certified Burn Manager shall not falsify records. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1050 Limitations on the use of Certified Burn Managers A Certified Burn Manager shall only supervise: (1) Prescribed burning activities as identified within an approved prescribed burn plan; (2) Prescribed burning for which they are certified to conduct; and (3) Prescribed burning conducted within a forest protection district, as identified in OAR 629-041-0500 to 629-041-0575. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024 DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1055 Landowner required and prohibited actions (1) A landowner who uses a Certified Burn Manager to supervise a prescribed burn shall: (a) Make a bona fide attempt to notify all adjacent landowners about the prescribed burn. The attempt must be made in a timely manner, in consideration of the landowner's availability, location, and other applicable considerations. Such notification shall be made not more than 90 calendar days prior to ignition of the prescribed burn; and (b) Provide, prior to ignition of the prescribed burn, a copy of the prescribed burning plan to any landowner notified pursuant to (1)(a) above, who requests a copy. (2) A landowner who uses a Certified Burn Manager to supervise a prescribed burn, once ignited, may not terminate the Certified Burn Manager's responsibility for a prescribed burn unless: (a) Responsibility has been transferred by: (A) Meeting transfer conditions outlined in the approved burn plan; or (B) The Certified Burn Manager is immediately replaced by another Certified Burn Manager; or (C) The landowner has assumed responsibility for the prescribed burn and for execution of the prescribed burning plan prepared pursuant to OAR 629-042-1045(2)(b); and (b) There has been a notification to the District pursuant to OAR 629-042-1040(3)(b). Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-1070 Fees (1) To cover the cost of materials and testing for the Certified Burn Manager program, the application fee for an initial certificate shall be $50.00. (2) Training providers may charge reasonable fees for the training they provide or document. Statutory/Other Authority: ORS 526.360 Statutes/Other Implemented: ORS 526.016 & 526.041 History: DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022
629-042-2000 Purpose The purpose of OAR 629-042-2000 to 629-042-2060 is to set forth the standards, requirements, and procedures by which the Prescribed Fire Liability Pilot Program will be operated, pursuant to Sections 14 – 17, chapter 611, Oregon Laws 2023. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: Chapter 611 Oregon Laws, Sections 14 through 17 History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2010 Definitions (1) “Claimant” means: (a) Any party that has incurred economic or property damages as described in ORS 477.089(2); or (b) The State Forester or forest protective association that has borne recoverable suppression expenses as described in ORS 477.068, and subject to the provisions of ORS 477.120. (2) “Fund” means the Prescribed Fire Claims Fund established by Section 15, chapter 611, Oregon Laws 2023. (3) “Prescribed Fire” or “Prescribed burning” means the planned application and confinement of fire to wildland fuels as defined in OAR 629-044-1005(k) on lands selected in advance of that application. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2020 Enrollment (1) Prior to burning, the entity conducting the burning must enroll the Prescribed Fire or Cultural Burn to reserve liability coverage on the Oregon Prescribed Fire Liability website. (2) Enrollment does not guarantee fund availability. (3) Enrollment may be limited based on fund availability. (4) The enrollment period begins on July 1 of each year and ends on June 30 of the following year. If a project is not completed during the enrollment period, the entity conducting the burning must reenroll the project as a new project on or after July 1 to be considered eligible for reimbursement. (5) The entity conducting the burning must update the status of the burn as “completed” on the Prescribed Fire Liability website no later than 7 calendar days after completion. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2030 Damages (1) Damages eligible for a claim include: (a) Economic and property damage that occurs outside of a planned burn unit; (b) Property (real and personal) damage, personal injury and death; (c) Smoke damage to real property, other than to agricultural or natural resources, and losses, physical injury, or death resulting from vehicle accidents solely caused by smoke; and (d) Recoverable suppression expenses incurred by the State Forester or forest protective association as described in ORS 477.068, and subject to the provisions in ORS 477.120. (2) Damages ineligible for a claim include: (a) Smoke damage to agricultural crops or natural resources; (b) Claims for damages within the planned burn unit for trees, carbon stocks or other assets; or (c) Damages resulting from a Prescribed Fire or Cultural Burn activities not enrolled prior to burning. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2040 Claim Eligibility Requirements To be eligible for reimbursement, a claim must meet the following conditions: (1) The Prescribed Fire or Cultural Burn was enrolled on the Oregon Prescribed Fire Liability website prior to burning. (2) The claim was submitted within 14 days of discovery of damage. (3) Discovery of damage must occur within the burn period for which the Prescribed Fire or Cultural Burn was enrolled, or within 45 days of burning; whichever is greater. (4) The claim was submitted by an eligible Claimant. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2050 Claim Considerations (1) Claims must be submitted in the manner indicated on the Oregon Prescribed Fire Liability website. (2) A claim may be denied if it does not meet the criteria in these rules, or Chapter 611, Oregon Laws 2023. (3) Claims that have been denied may be resubmitted with corrected information provided it is still within the original 14-day submission deadline. (4) Claims submitted after the 14-day deadline may not be considered for reimbursement. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024
629-042-2060 Incident Report Requirements (1) The Oregon Department of Forestry must complete an Incident Report. (2) To be eligible to for reimbursement, the Incident Report must indicate that: (a) The incident was not a result of willful, malicious, or negligence in the origin or subsequent spread; (b) All necessary and appropriate burn plans, permits, and provisions were in place; (c) The Prescribed Fire or Cultural Burn complied with any requirements under a burn plan or permit; and (d) The damages resulted from a fire that was: (A) A prescribed fire conducted or supervised by the State Forester, a forest protective association or a rangeland protection association pursuant to ORS 477.315 to 477.325. (B) A prescribed fire in a forest protection district, as described in ORS 477.205 to 477.281, that is conducted or supervised by a Certified Burn Manager pursuant to ORS 526.360. (C) A cultural burn conducted or supervised by a cultural fire practitioner. Statutory/Other Authority: ORS 526.016 Statutes/Other Implemented: HB 4016 (2024) History: DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024