reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.420 - Standardization of existing fire protection equipment; exemption.

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. Prior to making any such change, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the change. The State Fire Marshal shall provide the appliances necessary for carrying on this work and shall proceed with such standardization as rapidly as possible and complete such work at the earliest date circumstances will permit. However, the State Fire Marshal may exempt from standardization special purpose fire equipment and existing fire protection equipment when it is established that such equipment is not essential to the coordination of public fire protection operations. The provisions of this section and ORS 476.440 shall not apply to fire protection equipment used under authority of ORS chapters 477 and 526. [Amended by 1965 c.602 §11; 1973 c.667 §21; 1993 c.185 §30; 1997 c.13 §3; 1997 c.853 §44]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.430 - Changing private equipment.

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 up to the requirements of the standard established and shall render them such assistance as may be available in converting their defective equipment to standard requirements.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.440 - Sale of nonstandard equipment prohibited; exemption.

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 Fire Marshal under ORS 476.030. Fire equipment for special purposes, research programs or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from this requirement by order of the State Fire Marshal. [Amended by 1963 c.523 §9; 1965 c.602 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.515 - Other officers authorized to act when Governor unavailable.

If the Governor is unavailable to make timely exercise of the authority under ORS 476.510 to 476.610, the Superintendent of State Police may exercise such authority, and if that individual is unavailable the State Fire Marshal may exercise such authority. Any orders, rules or regulations issued by the Superintendent of State Police or the State Fire Marshal pursuant to this section have the same force and effect as if issued by the Governor. [1979 c.76 §5; 1987 c.414 §81; 1993 c.186 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.520 - Governor authorized to assign fire-fighting forces and equipment.

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 state other than an organization that possesses only one self-propelled pumping unit. The Governor may make fire-fighting forces and equipment available under this section in response to fire, a heightened danger of fire or a significant reduction in available fire-fighting resources. [Amended by 2005 c.16 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.530 - Chief executive of political subdivision to assign forces and equipment; federal equipment.

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 district under the direction and command of such officer as may be designated by the Governor for the purpose, any part of the fire-fighting forces and equipment under the control of the chief executive or the head of the fire department, provided that any equipment made available by loan, or otherwise, to any county, city or fire district or this state by the United States or any agency thereof, shall at all times be subject to the order of the United States or such agency in accordance with the terms and conditions upon which the equipment is made available. [Amended by 1961 c.626 §1; 1979 c.76 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.540 - Powers and duties of fire-fighting forces.

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 performing their duties in the political subdivision in which they are normally employed.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.550 - Loss or damage to equipment.

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 60 days after it has been sustained or incurred, or within such extension of such time as may have been obtained from the Department of State Police, an itemized notice of such claim, under oath, is served by mail or personally upon the Department of State Police and such loss, damage or expense shall be payable from the Emergency Fund of the state. [Amended by 1979 c.76 §2; 1993 c.186 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.560 - Reimbursement for aid.

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 their duties in the political subdivision by which they are employed and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid. "Employee" as used herein means, and the provisions of ORS 476.520 to 476.610 apply with equal effect to, all firefighters, whether paid, volunteer or call. [Amended by 1991 c.67 §145]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.565 - State Fire Marshal Mobilization Fund.

(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 received by the Department of the State Fire Marshal from the Federal Emergency Management Agency, and other moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise.
(c) Moneys in the fund are continuously appropriated to the department for eligible mobilization costs incurred by the department and reimbursements pursuant to ORS 476.560.
(2) As used in this section, "eligible mobilization costs" means expenses incurred for emergency mobilization and pre-positioning activities in Oregon. [2023 c.602 §51]
Note:
476.565 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.570 - Appointment of substitute firefighters; recall of off-duty firefighters.

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 authorized by law to appoint regular firefighters, provided that substitute firefighters appointed shall not be subject to the requirements of the civil service law or rules and that such substitute firefighters shall not be entitled to any pension or retirement rights or privileges. The substitute firefighters appointed under this section shall have the powers, functions and duties of regular firefighters. Their compensation shall not be greater than the lowest rate of pay for regular firefighters. Persons appointed as substitute firefighters shall exercise their powers, functions and duties only when called upon, during the period all, or any part, of the regular fire-fighting forces of any county, city or fire district are rendering outside aid pursuant to ORS 476.520 or 476.530, and for no longer than two days after the return to duty of the part of the regular fire-fighting forces for which they are substituting. Compensation for recalled off-duty firefighters and substitute firefighters and any allowable expense necessarily incurred by them in the performance of their duties shall be charged against the county, city or fire district for which they were appointed and shall be audited, allowed and paid as other charges against it are audited, allowed and paid, and shall be subject to reimbursement by the state as provided in ORS 476.550 and 476.560. [Amended by 1979 c.76 §3; 1991 c.67 §146]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.574 - Leave of absence for volunteers; employment rights.

(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 be granted a leave of absence by the employer until release from such service permits the employee to resume the duties of employment.
(2) The regular employment position of an employee on leave of absence under this section shall be considered vacant only for the period of the leave of absence. The employee shall not be subject to removal or discharge from such position as a consequence of the leave of absence.
(3) Upon the termination of a leave of absence under this section, the employee shall be restored to the employee’s position or an equivalent position by the employer without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan or any other employee benefit or right that had been earned at the time of the leave of absence.
(4) An employer is not required to pay wages or other monetary compensation to an employee during a leave of absence under subsection (1) of this section.
(5) As used in this section:
(a) "Employee" means any individual, other than a copartner of the employer or an independent contractor, who renders personal services in this state to an employer who pays or agrees to pay wages or other compensation to the individual for those services.
(b) "Employer" means any person who employs one or more employees in this state. The term includes the State of Oregon or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter, but does not include the federal government. [1997 c.266 §2]
Note:
476.574 and 476.576 were added to and made a part of 476.510 to 476.610 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.576 - Violation of job restoration rights of volunteers as unlawful employment practice.

(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 provided in ORS chapter 659A for the enforcement of other unlawful employment practices.
(3) Any person claiming to be aggrieved by a violation of ORS 476.574 may bring a civil action in the manner provided in ORS 659A.885. [1997 c.266 §3; 2001 c.621 §81]
Note:
See note under 476.574.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.580 - Orders, rules and regulations.

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 written or oral. If written, a copy thereof shall be filed in the office of the Secretary of State and another copy dispatched forthwith to the chief executive of any county, city or fire protection district affected. Immediately thereafter such order, rule or regulation shall be in effect. Oral orders may be made by the Governor when in the opinion of the Governor the emergency is such that delay in issuing a written order would be dangerous to the welfare of the people of the state. However, written copies of such oral order shall be filed and dispatched as soon after issuing such oral order as is conveniently possible in the manner above provided for written orders.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.590 - Preparation of plans by State Fire Marshal; advice and counsel to Governor.

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 utilization under ORS 476.520 to 476.610 of the fire-fighting resources of this state. [Amended by 2005 c.16 §2; 2021 c.539 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.600 - Liability for injury to person or property.

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 to 476.590. In carrying out the provisions of ORS 476.520 to 476.590 or while acting within the scope of any duty imposed by authority of the provisions of ORS 476.520 to 476.590, no person shall incur civil liability. A person does not, however, escape full liability for injury to person or property resulting from willful misconduct or gross negligence of the person. [Amended by 1991 c.67 §147; 2005 c.22 §357]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.610 - Payment of claims.

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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.615 - Urban search and rescue.

(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, war, terrorism or accidents.
(2) The Department of the State Fire Marshal shall coordinate the urban search and rescue function of this state, including:
(a) Coordinating the activities of local, state and federal agencies involved in urban search and rescue;
(b) Establishing liaison with public and private organizations and agencies involved in urban search and rescue, including fire service providers and county sheriffs;
(c) Assisting in developing training and education programs; and
(d) Gathering and disseminating resource information of personnel, equipment and materials available for urban search and rescue.
(3) The department, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for urban search and rescue purposes. Moneys received from such sources must be deposited in the State Fire Marshal Fund established under ORS 476.055 and used for purposes related to urban search and rescue, subject to any restrictions or conditions established by the sources of such moneys. [2023 c.305 §2]
Note:
Sections 5 and 6, chapter 305, Oregon Laws 2023, provide:
Sec. 5.
(1) The Department of the State Fire Marshal shall study the needs of this state related to urban search and rescue, as defined in section 2 of this 2023 Act [476.615].
(2) The study must include:
(a) An assessment of the organization structure needed for urban search and rescue; and
(b) Recommendations for funding urban search and rescue in this state.
(3) The department shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to emergency management no later than September 15, 2024. The department shall prepare to testify as to its findings before the appropriate committees of the Legislative Assembly during the 2024 regular session. [2023 c.305 §5]
Sec. 6.
Section 5 of this 2023 Act is repealed on January 2, 2025. [2023 c.305 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.685 - Biennial reports.

The Governor’s Fire Service Policy Council shall provide a biennial report to the Governor on the overall performance of the Department of the State Fire Marshal. The report shall identify significant successes and improvement opportunities. [2001 c.647 §2; 2021 c.539 §132]
Note:
See note under 476.680.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.687 - State Wildfire Programs Director.

(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 and integrating activities of state agencies and other entities that are required or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effectiveness of the activities.
(c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.
(d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and the equity of those financial impacts among the jurisdictions.
(e) Supervising staffing of the Wildfire Programs Advisory Council.
(f) Reporting at least every 60 days to the Governor, the President of the Senate, the Speaker of the House of Representatives and the chairs of relevant committees and interim committees of the Legislative Assembly to summarize progress on implementing the activities, note obstacles and opportunities and catalog possibilities for future improvements to further reduce wildfire risk in this state.
(g) Exploring additional opportunities to reduce wildfire risk, including but not limited to engaging with:
(A) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates and any other topics relevant to enhancing the protection of property from wildfire at a reasonable cost.
(B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers and promote electrical system resilience to wildfire damage.
(C) Congressional delegations and federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies.
(h) Collaborating with the State Resilience Officer and participating in any relevant emergency preparedness advisory councils. [2021 c.592 §35]
Note:
476.687 and 476.690 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Legislative Counsel has substituted "chapter 592, Oregon Laws 2021," for the words "this 2021 Act" in section 35, chapter 592, Oregon Laws 2021, compiled as 476.687. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.694 - Oregon Conservation Corps Program.

(1) The Oregon Conservation Corps Program is established for the purposes of:
(a) Reducing the risk wildfire poses to communities and critical infrastructure.
(b) Helping to create fire-adapted communities.
(c) Engaging youth and young adults in workforce training.
(2) Youth and young adults between 16 years of age and 26 years of age who have been qualified by a youth development organization may participate in projects undertaken by the corps.
(3) Notwithstanding any contrary provision of law, participants in projects undertaken by the corps:
(a) Are not employees of the corps.
(b) Are exempt from prevailing wage laws.
(c) Must receive compensation for their participation of at least minimum wage or an allowance or stipend that, when combined with other sources of payment the participant is eligible to receive, including academic credit or an AmeriCorps education award, is equivalent to the value of minimum wage. [2021 c.592 §21; 2022 c.85 §3]
Note:
476.694 to 476.698 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.696 - Oregon Conservation Corps Advisory Committee.

(1) As used in this section:
(a) "Eligible organization" includes Oregon-based nonprofit youth development organizations, federally recognized Indian tribes in this state, nonprofit associations engaged in workforce development and public entities that provide programs of job training, skill development and forest-related or rangeland-related career path training.
(b) "Tribe" means a federally recognized Indian tribe in Oregon.
(2) The Oregon Youth Works Advisory Board created under ORS 660.320 shall, in collaboration with a qualified nonprofit foundation, actively seek and source private donations to support the Oregon Conservation Corps Program.
(3) The advisory board may direct the expenditure of moneys from the Oregon Conservation Corps Fund for a promotional website and materials to solicit private funds.
(4) The advisory board shall advise the Higher Education Coordinating Commission on the implementation of a grant process that:
(a) Provides funding to support the work conducted by the Oregon Conservation Corps Program.
(b) Defines and uses an equity lens in awarding grants by identifying and supporting populations with greater vulnerability, including communities of color, indigenous communities, communities with members who have limited proficiency in English and communities with lower-income members.
(c) Awards grants to eligible organizations.
(d) Ensures that grant awards support activities described in ORS 476.694 (1) and subsection (5) of this section.
(e) Establishes guidelines for prioritizing grant-supported projects to reduce community fire risks, promote youth and young adult workforce development and educational experiences and reduce hazardous fuels.
(5) The commission shall consult with the State Forestry Department to ensure that the grant process awards funds to proposals that:
(a) Protect at-risk communities and infrastructure within the wildland-urban interface, as described in ORS 477.503.
(b) Meet standards for fuel treatment established by the department.
(6) The advisory board shall biennially submit a report, on the timeline described in ORS 293.640, to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, and to the State Wildfire Programs Director and Wildfire Programs Advisory Council, regarding the expenditure of moneys deposited in the Oregon Conservation Corps Fund. [2021 c.592 §22; 2023 c.556 §6; 2023 c.557 §5]
Note:
See note under 476.694.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.698 - Oregon Conservation Corps Fund.

(1) The Oregon Conservation Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Conservation Corps Fund shall be credited to the fund.
(2) The fund may receive contributions from individuals and private organizations.
(3) Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission to be used as directed by the Oregon Youth Works Advisory Board created under ORS 660.320 and for related administrative expenses of the commission.
(4) The commission shall keep records of all moneys credited to and deposited in the fund and the activity or program against which each withdrawal from the fund is charged. [2021 c.592 §23; 2023 c.556 §7]
Note:
See note under 476.694.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.710 - Setting fires adjacent to structures or timber on ocean shore prohibited; exceptions.

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. [Amended by 1965 c.368 §7; 1989 c.904 §65]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.715 - Throwing away of lighted matches, cigarettes and other materials prohibited; posting copy of section in public conveyances.

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 in a conspicuous place within the smoking compartments of such conveyance. [Formerly 477.164]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.720 - Certain remedial statutes to be construed liberally.

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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.725 - Statewide standards for residential carbon monoxide alarms; rules.

(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 standards for the design, inspection, testing and maintenance of carbon monoxide alarms.
(2) The State Fire Marshal shall adopt rules establishing standards for the placement and location of carbon monoxide alarms in one and two family dwellings and multifamily housing that were not subject to state building code requirements for carbon monoxide alarm placement or location at the time of construction.
(3) In adopting rules under this section, the State Fire Marshal shall give consideration to state building code requirements and any standards adopted by national safety organizations.
(4) Notwithstanding ORS 476.030, State Fire Marshal rules adopted under this section shall apply for all governmental subdivisions in the state. A governmental subdivision, as defined in ORS 476.005 may not enact or enforce any local ordinance, rule or regulation regarding the design, inspection, testing, maintenance, placement or location of carbon monoxide alarms. [2009 c.591 §4]
Note:
476.725 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.730 - Notice prior to release or after escape of arsonist from state institution.

(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 arsonist activity, notify the State Fire Marshal and the Department of State Police except that such notice shall not be required when such persons are on approved leave from such institutions for periods of not to exceed 10 days. The notice shall state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.
(2) Promptly upon receipt of the notice, the State Fire Marshal and the Department of State Police shall notify respectively the fire departments and rural fire protection districts who maintain full-time personnel and the sheriff and police departments of the county in which the person was convicted or from which the person was committed and the county, if known, in which the person will reside. [1957 c.245 §§1,2; 1959 c.26 §1; 1965 c.602 §16; 1987 c.320 §237; 2007 c.70 §271]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.735 - Sky lantern prohibition.

(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) Violation of this section is a Class A violation.
(4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:
(a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;
(b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;
(c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or
(d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. [2016 c.123 §1; 2021 c.539 §133]
Note:
476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.760 - Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules.

(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 cigarettes as having reduced ignition propensity other than a packaging marking approved for use with those cigarettes by the State Fire Marshal under ORS 476.785. This subsection does not apply if the cigarettes are in interstate commerce and not intended for distribution in this state.
(3) The State Fire Marshal, an authorized representative of the State Fire Marshal or any law enforcement agency may immediately seize and subject to forfeiture any cigarettes distributed or offered for sale in violation of subsection (1) of this section and any packaging, and cigarettes contained in that packaging, that violates subsection (2) of this section. The State Fire Marshal shall destroy cigarettes and packaging seized and forfeited under this subsection. However, prior to destroying cigarettes or packaging seized under this subsection, the State Fire Marshal shall allow the true holder of the trademark rights in the cigarette variety to inspect the cigarettes and packaging.
(4) The State Fire Marshal may enter into a cooperative agreement with any state or local agency that allows the agency to act as an authorized representative of the State Fire Marshal for enforcement purposes under this section.
(5)(a) The State Fire Marshal or an authorized representative, upon oral or written demand, may inspect the inventory of cigarette manufacturers, wholesale or retail dealers and transporters as the State Fire Marshal or an authorized representative deems necessary to ensure compliance with this section. The State Fire Marshal may adopt rules to require reports, in a form prescribed by the State Fire Marshal, by cigarette manufacturers, wholesale or retail dealers and transporters for the purpose of ensuring compliance with this section.
(b) As used in this subsection, "transporter" has the meaning given that term in ORS 323.010. [2007 c.34 §2]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.765 - Imposition of civil penalties; bringing of actions.

(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 prevent or end a violation of ORS 476.760;
(b) To recover civil penalties imposed under ORS 476.995; or
(c) To recover attorney fees and other enforcement costs and disbursements. [2007 c.34 §4; 2021 c.539 §134]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.775 - Laboratories; ignition propensity testing.

(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 repeatability value of ignition propensity testing may not be greater than 0.19.
(2) Ignition propensity testing used in a manufacturer certification submitted under ORS 476.780 must be conducted in a laboratory that has been accredited under:
(a) The ISO/IEC 17025 standard of the International Organization for Standardization, as amended and in effect on April 17, 2007; or
(b) A standard recognized in State Fire Marshal rules as comparable to prevailing international accreditation standards. [2007 c.34 §6]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.785 - Cigarette packaging markings.

(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 manufacturer shall submit to the State Fire Marshal a proposal for marking cigarette packaging. The proposed marking must be in an eight-point font or larger and consist of one of the following:
(a) Modification of the universal product code to indicate a visible mark printed at or around the universal product code. The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the universal product code.
(b) A visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping.
(c) Printed, stamped, engraved or embossed text indicating that the cigarettes meet the fire safety performance standard established in ORS 476.770 (6).
(3) The State Fire Marshal shall approve or disapprove the proposal for packaging marking. In determining whether to approve or disapprove a proposal for packaging marking, the State Fire Marshal:
(a) Shall give preference to packaging marking that is consistent with the packaging marking in use and approved for that cigarette variety in the State of New York; and
(b) Shall approve packaging marking that bears the letters "FSC."
(4) A proposal for packaging marking is approved unless the State Fire Marshal disapproves the proposal on or before the 10th day after receipt. The approved packaging marking may be used for the cigarette variety upon receipt by the State Fire Marshal of the manufacturer certification for that variety under ORS 476.780.
(5) A manufacturer may not modify the approved packaging marking unless the modification has been submitted to and approved by the State Fire Marshal. [2007 c.34 §8]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.790 - Providing copies of cigarette certification and illustration of packaging markings.

(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 copies of an illustration of the packaging marking required under ORS 476.785. The manufacturer shall supply copies of the illustration to the wholesale dealer in sufficient number to allow one copy for each retail dealer receiving the cigarettes from the wholesale dealer.
(2) A wholesale dealer shall provide a copy of the illustration described in subsection (1) of this section to each retail dealer that receives cigarettes of the manufacturer from the wholesale dealer. A wholesale dealer is not required to provide a retail dealer of the cigarettes of a manufacturer with more than one copy of the illustration for that manufacturer. [2007 c.34 §9]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.795 - Interpretation of ORS 476.755 to 476.790 and 476.995.

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 under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.801 - Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995.

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 §13]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.806 - Cigarette Fire Safety Fund.

(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 Fire Safety Fund shall be credited to the fund.
(2) All moneys in the fund are continuously appropriated to the Department of the State Fire Marshal for fire safety, enforcement and fire prevention programs. [2007 c.34 §14; 2021 c.539 §135]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.831 - Definitions for ORS 476.831 to 476.856.

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) Provide as part of a commercial promotion or as a prize or premium.
(3) "Importer" means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution or retail sales point outside this state, for the purpose of selling or distributing the lighter within this state or with the result that the lighter is sold or distributed within this state.
(4) "Lighter" means a handheld device of a type typically used for igniting tobacco products by use of a flame.
(5) "Misleading design" means that a lighter has a shape that resembles or imitates an object other than a lighter.
(6) "Novelty lighter":
(a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age.
(b) Does not mean:
(A) A lighter manufactured before January 1, 1980; or
(B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion.
(7) "Sell" means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration.
(8) "Visual effect":
(a) Includes flashing lights, color-changing lights and changing images; and
(b) Does not include logos, decals, decorative artwork or heat-shrinkable sleeves. [2009 c.6 §1]
Note:
476.831 to 476.856 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.