reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.480 - Formation of tax zones; basis for zones; public hearing.

(1) A district board may divide its district into zones for the purpose of imposing and levying ad valorem taxes at different rates on the assessed value of all taxable property in each zone. The establishment of zones within a district under this section shall be based upon differences in the services provided by the district to the residents and their property in each zone.
(2) When a district board decides to divide the district into zones under subsection (1) of this section, it shall conduct a public hearing on the formation of the proposed zones. The hearing shall be held after notice to the public is published as provided in ORS 478.485. The notice shall set forth the date, hour and place of the hearing and the information required under ORS 478.485. The notice shall state that all interested persons may attend and shall be given a reasonable opportunity to be heard. [1983 c.569 §§2,3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.485 - Notice of public hearing.

(1) The district board shall cause a notice of a public hearing relating to the formation of zones under ORS 478.480 (1) to be published once a week for two successive weeks in the newspaper in general circulation in the district which, in the judgment of the district board, will afford the best notice to the residents of the district.
(2) The notice published under this section shall set forth:
(a) The resolve of the district board to divide the district into zones.
(b) The boundaries of the proposed zones.
(c) The percentage of the total amount of ad valorem taxes of the district that will be collected in each zone. [1983 c.569 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.490 - Election on question of dividing district into tax zones; order creating zones; effect.

(1) After the public hearing required under ORS 478.480 (2), if the district board decides to proceed with the proposal, it shall submit the question of dividing the district into zones to the voters of the district at the next regular district election on the date specified in ORS 255.335 (1).
(2) If a majority of the voters of the district voting upon the question vote in favor of dividing the district into zones, the district board shall enter an order in its journal declaring that fact. The order shall be conclusive as to the regularity of all proceedings in reference to the election and to the existence of the zones. [1983 c.569 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.495 - Limitation on changes in tax zone boundaries.

(1) When a proposal for dividing a district into zones is approved by the voters of a district, a proposal for changing the boundaries of the zones shall not be submitted to the voters at the regular district election next following such approval, but may be submitted at any regular district election thereafter.
(2) Following approval of the formation of zones within a district by the voters of the district, the boundaries of the zones shall not be changed by the district board unless notice of that change is given to, and approved by, the voters of the district as provided in ORS 478.480 (2), 478.485 and 478.490. [1983 c.569 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.500 - Determination of tax levy in each tax zone.

If a district is divided into zones under ORS 478.480 (1), the district board shall determine, make and declare the ad valorem tax levy for each zone when the district board adopts its budget for any fiscal year. The determination of the amount of ad valorem taxes to be levied in each zone shall be in accordance with the proposal approved by the voters under ORS 478.490 and shall be entered in the proper records of the district board. [1983 c.569 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.505 - Petition for tax zones by district electors; number of signatures required; public hearing.

(1) The electors of a district may initiate proceedings to divide the district into zones under ORS 478.155 and 478.480 to 478.500 by filing a petition with the district board. The petition shall state the name of the district and contain a request that the district board divide the district into zones consisting of areas zoned for exclusive farm use, areas within urban growth boundaries and all other areas.
(2) A petition filed under this section shall be signed by not less than 10 percent of the electors of the district.
(3) When the district board receives a petition filed under this section, the district board shall hold a public hearing on the formation of the proposed zones, and provide notice thereof, as required by ORS 478.480 (2) and 478.485. [1993 c.424 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.560 - Deposit and disbursement of funds of districts located in two or more counties.

Funds accruing to a district, located in two or more counties, from any source shall be deposited in accordance with ORS 295.001 to 295.108 and shall be drawn out only upon proper order and warrant or check bearing the signature of those persons authorized to sign warrants or checks by resolution of the board. [Amended by 1965 c.540 §2; 1969 c.667 §35; 1969 c.694 §24; 1971 c.36 §10; 1971 c.727 §141; 1983 c.185 §1; 1987 c.834 §4; 2001 c.215 §15; 2019 c.587 §43]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.665 - Withdrawal of territory from district; inclusion in forest protection district; assessment.

In addition to any other method of initiating proceedings to withdraw territory from a district, the county board may, after appropriate proceedings, order the withdrawal of forestland from a district if:
(1) Written request for the withdrawal is submitted to the county board by the district board;
(2) Inclusion of the withdrawn forestland within a forest protection district under ORS 477.205 to 477.281 is agreed to by the State Forester;
(3) A public hearing for the landowners concerned is held regarding the withdrawal by the county board; and
(4) Any lands so withdrawn and transferred to a forest protection district for purposes of fire protection shall be assessed for this purpose under ORS chapter 477 and, except as provided by ORS 198.880, shall no longer be assessed for fire protection by the rural fire protection district. [1969 c.651 §2; 1971 c.727 §142]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.840 - Definitions for ORS 478.845 to 478.875.

As used in ORS 478.845 to 478.875:
(1) "District" means a rural fire protection district organized under ORS chapter 478.
(2) "Fire safety system" means any device or system that protects structures or people from damage, injury or destruction by fire or that minimizes the effects of fire. The term includes automatic fire sprinkler systems. [1995 c.725 §1]
Note:
478.840 to 478.875 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 478 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 478 - Rural Fire Protection Districts › Section 478.845 - Revenue bonds authorized for fire safety systems.

(1) Notwithstanding any other provision of law or any restriction on indebtedness contained in a charter, a city or district may issue and sell revenue bonds under ORS 478.845 to 478.875, loan moneys to qualified persons for the installation of fire safety systems and enter into loan contracts with those persons. Moneys borrowed from the loan fund created by ORS 478.855 shall be repaid by the borrowers in accordance with the terms of the loan contract to which the borrower and the city or district are parties.
(2) In addition to authority granted by other laws to issue revenue bonds, a city or district may sell revenue bonds for the purpose of creating a loan fund to finance the installation of fire safety systems in structures located within the city or district.
(3) Revenue bonds authorized by this section may be issued from time to time and shall be issued as prescribed in ORS chapter 287A. [1995 c.725 §2; 2007 c.783 §209]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.850 - Sources of bond payment restricted.

(1) Revenue bonds issued under ORS 478.845 to 478.875:
(a) Shall not be payable from nor charged upon any fund other than the revenue pledged to the payment of the revenue bonds.
(b) Shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the city or district, except those moneys paid to the loan fund created by ORS 478.855.
(2) No holder of such revenue bonds shall ever have the right to compel any exercise of the taxing power of a city or district to pay the bonds or the interest on the bonds, or to enforce payment of the bonds against any property of the city or district except those moneys pledged in the loan fund created under ORS 478.855.
(3) A revenue bond issued under ORS 478.845 to 478.875 shall not constitute a debt of the city or district within the meaning of any statutory limitation. [1995 c.725 §4; 2007 c.783 §210]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.855 - Loan fund created from bond proceeds; other sources for fund.

(1) Proceeds of revenue bonds issued and sold under ORS 478.845 to 478.875 that are to be used to fund loans to persons for acquisition and installation of fire safety systems in structures owned by the borrowers shall be deposited in a loan fund created for the purpose by a city or district.
(2) In addition to proceeds from the sale of revenue bonds, the loan fund created by this section shall consist of:
(a) Moneys repaid to the fund by borrowers who received loans from the fund.
(b) Proceeds of the sales of structures acquired by the city or district as a result of loan defaults.
(c) Other revenues, as defined in ORS 287A.001, as determined by the city or district. [1995 c.725 §7; 2007 c.783 §211]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.860 - Standards for eligibility for loans for fire safety systems.

(1) The governing body of a city or district shall adopt standards to determine the eligibility of borrowers to borrow money from the loan fund established under ORS 478.855 for the purpose of acquiring and installing a fire safety system in a privately owned structure owned by the borrower.
(2) The governing body of a city or district shall also adopt a list of fire safety systems that may be financed with loans made under ORS 478.845 to 478.875. [1995 c.725 §3]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.865 - Loan contract; repayment plan; terms and conditions.

(1) Any loan contract providing for a loan of moneys to a borrower by a city or district shall include a plan for repayment by the borrower of moneys borrowed plus interest. The repayment plan:
(a) Shall provide that the city or district obtain a lien on the structure in which a fire safety system is installed. Except for tax liens, the lien acquired by the city or district shall have priority over all other liens on the structure.
(b) Shall provide for such other assurance of, and security for, repayment by the borrower as is considered necessary by the city or district.
(c) Shall set forth the interest rate on the loan as reasonably determined by the city or district.
(d) Shall provide for repayment during a period that shall be the lesser of the useful life of the proposed fire safety system or the term of the bond as determined by the city or district.
(2) A loan contract under subsection (1) of this section may provide that the amount of repayment by a borrower include an amount sufficient to reimburse the city or district for the borrower’s allocable share of the costs of issuing revenue bonds under ORS 478.845 to 478.875 to finance the loan contract, all administrative expenses relating to the loan contract and such amounts as may be established by the city or district to maintain a reserve in the loan fund created under ORS 478.855 to pay or reimburse future losses directly related to the loans financed with moneys from the loan fund. [1995 c.725 §5]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.870 - Powers granted to enforce loan contracts and secure payment of bonds; reserve fund.

In addition to any other powers granted by law, a city or district may:
(1) Make all contracts, execute all instruments and do all things necessary or convenient for the exercise of the powers granted by ORS 478.845 to 478.875, or for the performance of its covenants or duties, or in order to secure the payment of its bonds;
(2) Enter into and perform such contracts and agreements with borrowers as the city or district considers proper and feasible for or concerning the financing and installation of fire safety systems;
(3) Enter into covenants for the benefit of bond owners regarding the use and expenditure of moneys in the loan fund created by ORS 478.855; and
(4) Establish a reserve fund or account for the benefit of bond owners and provide that the reserve fund or account may be funded with bond proceeds, from moneys held in the general fund, an enterprise fund or other fund of the city or district or from such other revenues or sources as the governing body of the city or district may determine. [1995 c.725 §6]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.875 - Remedies for breach of loan contract.

If a borrower fails to comply with a contract entered into under ORS 478.865, the city or district may seek appropriate legal remedies to secure any repayment due the loan fund created by ORS 478.855. [1995 c.725 §8]
Note:
See note under 478.840.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.880 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) The best interest of the state is served by providing financial incentives for the installation of fire safety systems in multifamily housing.
(2) The design and nature of multifamily housing creates a higher fire risk than the risk to single family housing and exposes tenants to fire risks that are not within the control of the tenants.
(3) The presence of fire safety systems helps to defray costs for fire district equipment and equipment maintenance.
(4) Although the state building code allows local jurisdictions to require the installation of fire safety systems in new construction on a cost-neutral basis, there is no equivalent program for retrofitting or remodeling existing multifamily structures.
(5) A fire safety incentive program serves the purpose of providing financial incentive for the installation of fire safety systems in existing multifamily housing. [2001 c.614 §1]
Note:
478.880 and 478.885 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 478 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 478 - Rural Fire Protection Districts › Section 478.885 - Payment or repayment for cost of fire safety system installation in multifamily housing.

(1) As used in this section:
(a) "District" means a rural fire protection district organized pursuant to ORS chapter 478.
(b) "Fire safety system" means a device or series of devices that protects structures from damage or destruction by fire, protects people from injury by fire or minimizes the effects of fire. "Fire safety system" includes, but is not limited to, automatic fire sprinkler systems.
(c) "Multifamily housing" means a structure established primarily to provide residential spaces and that provides more than one living unit. "Multifamily housing" does not include nursing homes, adult foster homes, hospitals, motels or hotels, dormitories or state institutions.
(d) "Owner" includes a purchaser under a recorded instrument of sale.
(2) A district may, by ordinance, establish a program that pays or repays to landlords part of the costs of installing fire safety systems in multifamily housing existing within the district on the effective date of the ordinance. Except as provided in this subsection, the district may establish the parameters of the program. A payment or repayment rate under the program may not exceed 50 percent of the cost of installing the fire safety system. The payment or repayment amount available for a property may not exceed the total amount paid during the preceding 10 years for all property taxes on the property, less any payment or repayment amount already provided for fire safety system installation on the property. The program must provide for the owner of the multifamily housing to apply on a form approved by the district. The program must include a uniform process for the evaluation of an application submitted by the owner of the multifamily housing. The uniform process must provide for a public hearing to determine whether the property qualifies for payment or repayment by the district. [2001 c.614 §2]
Note:
See note under 478.880.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.910 - Adoption of fire prevention code.

A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [Amended by 1969 c.667 §54; 1971 c.268 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.920 - Scope of fire prevention code.

The fire prevention code may provide reasonable regulations relating to:
(1) Prevention and suppression of fires.
(2) Mobile fire apparatus means of approach to buildings and structures.
(3) Providing fire-fighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures.
(4) Storage and use of combustibles and explosives.
(5) Construction, maintenance and regulation of fire escapes.
(6) Means and adequacy of exit in case of fires and the regulation and maintenance of fire and life safety features in factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.
(7) Requiring the issuance of permits by the fire chief of the district before burning trash or waste materials.
(8) Providing for the inspection of premises by officers designated by the board of directors, and requiring the removal of fire hazards found on premises at such inspections. [Amended by 1969 c.667 §55; 1977 c.292 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.924 - Approval of code by city or county required.

The provisions of a fire prevention code adopted by a district after October 4, 1977, shall not apply within any city or county within the district unless the governing body of the city or county approves the fire code by resolution. [1977 c.292 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.927 - Building permit review for fire prevention code.

A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of building permits. [1977 c.292 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.930 - Violation of code; failure to remove hazards; burning waste without permit prohibited.

When a district has adopted a fire prevention code as provided in ORS 478.910:
(1) No person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of the premises.
(2) No person shall burn waste materials or trash in an unguarded manner without a permit, when a permit is required by the district code or this chapter. [Amended by 1969 c.667 §56]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.940 - Filing and posting of fire prevention code.

Copies of the fire prevention code shall be filed with the Department of the State Fire Marshal and a copy shall be posted at each fire station within the district. [Amended by 2021 c.539 §138]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.965 - Recovery by district of costs of suppressing unlawful fire; attorney fees.

(1) If the fire-fighting apparatus or personnel, or either of a district, are required to respond and be used actively or on a standby basis in connection with the extinguishment or control of a fire that has been started or allowed to spread in willful violation of ORS 478.960 (1) to (5), the person responsible therefor shall be liable to the district furnishing such apparatus or personnel, or both, for the actual costs incurred by the district in controlling, extinguishing or patrolling the fire. Such costs may be recovered in an action prosecuted in the name of the district. The court may award reasonable attorney fees to the district if the district prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the district had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(2) An itemized statement of the actual costs incurred by the district, certified under oath by the treasurer of the district, shall be accepted as prima facie evidence of such costs in the action authorized by this section. [1967 c.420 §6; 1969 c.667 §58; 1981 c.897 §55; 1995 c.696 §24]
Note:
Sections 1 and 2, chapter 310, Oregon Laws 2023, provide:
Sec. 1.
(1) The State Fire Marshal shall:
(a) Establish a Rural Structural Fire Protection Review Committee.
(b) Appoint persons to serve on the committee as soon as practicable after the effective date of this 2023 Act [July 18, 2023].
(2) The committee:
(a) Shall conduct a comprehensive review of the provisions of ORS chapter 478 that relate to structural fire protection.
(b) May not review provisions of ORS chapter 478 that relate to forestland assessment, field burning or consultation with the State Forestry Department.
(c) Shall, based on the review described in paragraph (a) of this subsection, develop recommendations to modernize and improve the structural fire protection operations of rural fire protection districts and to make the operations more efficient.
(d) Shall report on the review described in paragraph (a) of this subsection and the recommendations described in paragraph (c) of this subsection, in the manner prescribed in ORS 192.245, to one or more relevant committees or interim committees of the Legislative Assembly on or before September 15, 2024. [2023 c.310 §1]
Sec. 2.
Section 1 of this 2023 Act is repealed on January 2, 2025. [2023 c.310 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.970 - Purpose of district identification names.

The purpose of ORS 478.970 to 478.982 is to establish an identification name for each district to be used for statistical purposes by the State Fire Marshal and in the process of insurance rating. ORS 478.970 to 478.982 do not alter or add to the corporate title or identification of a district organized or established by law. [1953 c.164 §1; 1969 c.667 §59; 2001 c.426 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.972 - Application by district to State Fire Marshal for identification name.

(1) When a district is organized the first board shall notify the State Fire Marshal in writing of the identification name for the district.
(2) Except as provided in this subsection, upon receipt of a written notice from the board, the State Fire Marshal shall immediately assign the district the identification name. The fire marshal shall notify the board in writing if the name conflicts with the name of another fire district in this state.
(3) The district board shall notify the fire marshal as provided in subsection (1) of this section within 30 days after the act that completes the organization or establishment of the district. [1953 c.164 §2; 1969 c.667 §60; 2001 c.426 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.980 - Identification name for district formed by consolidation or merger of districts.

In the event of a consolidation or merger of two or more districts, the consolidated board shall select a name for the surviving or successor district in the manner provided in ORS 478.972. [1953 c.164 §6; 1969 c.667 §63; 1971 c.727 §143; 2001 c.426 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.982 - Reuse of names of dissolved districts.

In the event of a dissolution of a district, the name assigned to the district is available for assignment to another district. [1953 c.164 §7; 1969 c.667 §64; 2001 c.426 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 478 - Rural Fire Protection Districts › Section 478.990 - Penalties.

(1) Violation of any provision of ORS 478.930 is a Class D violation. Each day’s refusal to remove fire hazards after notice by the inspecting officer to the owner of the premises where the hazard exists is a separate offense.
(2) Burning without a permit required under ORS 478.960 (1) or in violation of a condition thereof is a misdemeanor.
(3) Violation of ORS 478.960 (4) is a misdemeanor.
(4) Subject to ORS 153.022 and 153.025, violation of any rule or regulation made by a rural fire protection district or other public body, as defined in ORS 174.109, pursuant to ORS 478.300 (2) is a misdemeanor. [Subsection (2) enacted as 1955 c.469 §3; subsection (3) enacted as 1965 c.602 §28; 1969 c.667 §65; 1971 c.563 §11; 1989 c.615 §4; 1999 c.1051 §188; 2003 c.802 §127]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.010

[Subsection (4) enacted as 1953 c.569 §1; 1963 c.120 §1; 1979 c.359 §1; 1979 c.764 §1a; 1987 c.158 §105; 1997 c.24 §2; 2005 c.22 §360; renumbered 479.168 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.015 - Smoking in public elevator prohibited; penalty.

(1) It shall be unlawful for any person to smoke cigars, cigarettes or tobacco in any form or to ignite any substance in an elevator used by the public.
(2) A "No Smoking" sign shall be posted and maintained in a conspicuous place on or within any elevator operated in accordance with subsection (1) of this section, pursuant to rules of the State Fire Marshal.
(3) Any person who violates subsection (1) of this section shall incur a penalty of $10 for each such violation.
(4) Any person who violates subsection (2) of this section commits a Class D violation. [1975 c.474 §2; 1999 c.1051 §189]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.165 - Certification of fire officials; rules.

(1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code.
(2) Fire officials who review plans, new construction, alterations and specifications from a uniform fire code shall be certified under subsection (1) of this section.
(3) Nothing in this section shall be construed to expand the duties of the State Fire Marshal with respect to regulating additional types of structures. [1993 c.463 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.168 - Definitions for ORS 479.168 to 479.190 and 479.990.

As used in ORS 479.168 to 479.190 and 479.990:
(1) "Alter" in its various modes and tenses and its participial forms refers to an alteration.
(2) "Alterations," as applied to a building or structure, means any change, addition or modification in construction or occupancy.
(3) "Construction" means the making, building, alteration, erection, reconstruction, rebuilding or production of a building or addition or extension thereto, or enlargement thereof, in any manner not included in the term "repair."
(4) "Family" means an individual or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit.
(5) "Hospital" means a building of any sort in which sick or injured persons are received or kept for medical, surgical or nursing purposes.
(6) "Occupancy" means the purpose for which a building or structure is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.
(7) "Owner" includes a duly authorized agent or attorney, a purchaser, a devisee, a fiduciary and a person having a vested or contingent interest in the property in question.
(8) "Private residence" means that part of a single, double or multiple dwelling house or building occupied as living or sleeping quarters by one or more family units, exclusive of any portion of such house or building devoted to commercial, processing or manufacturing use.
(9) "Public building" means a building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, state buildings, courthouses, schools, colleges, libraries, museums, exhibit buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation piers, grandstands and bleachers in exhibition parks or fields, and jails.
(10) "Repair" means restoration of an existing thing to its former state, to refit, to mend, to make good. "Repair" does not include construction, reconstruction, alteration or rebuilding of a building or any part thereof. [Formerly 479.010; 2011 c.97 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.170 - Ordering repair of, or removal of material from, buildings.

(1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied.
(2) If the officer finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable condition of any kind, dangerous to the safety of the buildings or premises or human life, the officer shall order such materials removed or remedied.
(3) The order shall be made against and served personally or by registered letter upon the owner, lessee or occupant of the building or premises. Thereupon it shall be complied with by the owner, lessee, agent or occupant within the time fixed in the order. Upon failure to comply, the State Fire Marshal may close the building or premises for use or occupancy until compliance has been made.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.190 - Liability in damages for failure to comply with order under ORS 479.170.

Anyone whose person or property is injured by reason of the failure of the owner or occupant to comply with any order under ORS 479.170 not appealed from, or with any such order of the State Fire Marshal upon appeal to the State Fire Marshal, or by any fire originating in the building or premises while the order is in effect and not complied with, may recover from the owner or occupant the actual damage suffered.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.195 - Assembly occupancy limits; prohibition against exceeding limit; remedies.

(1) As used in this section, "assembly occupancy" means the use of a building or structure, or a portion of a building or structure, in a manner that is classified as an Assembly Group A occupancy under the structural specialty code described in ORS chapter 455.
(2) If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided by ORS 476.030 (3), upon examination or inspection finds that the number of persons present under an assembly occupancy is in excess of the maximum number of persons allowed at any one time as set forth in a capacity notice, the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided in ORS 476.030 (3), may prohibit the assembly occupancy until compliance has been made.
(3) The owner of any building or structure for which an assembly occupancy is prohibited under subsection (2) of this section shall have immediate access to the circuit court for the county in which the building or structure is located for review of the order prohibiting the occupancy assembly. Such access may be in the form of any appropriate judicial proceeding and shall be given priority over all other cases on the docket of the circuit court.
(4) The prohibition provided for in subsection (2) of this section does not exclude any other remedies available to the State Fire Marshal, deputies, or approved authority, as provided by ORS 476.030 (3). [1967 c.417 §18; 1971 c.689 §1; 1979 c.772 §25; 1993 c.185 §31; 2003 c.14 §320; 2011 c.97 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.200 - Fire protection water supply for public buildings; rules.

Any public building, as defined in ORS 479.168, erected after July 1, 1967, must have a readily available fire protection water supply. The State Fire Marshal shall adopt rules for determining the fire protection water supply for a public building. [1967 c.417 §19; 2005 c.22 §365; 2011 c.97 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.210 - "Institution" defined for ORS 479.215 to 479.220.

As used in ORS 479.215 to 479.220, unless the context requires otherwise, "institution" means:
(1) A child-caring facility that provides residential care and that receives state aid under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to 418.685, 418.647 and 418.950 to 418.970;
(2) An inpatient care facility required to be licensed under ORS 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463; or
(3) A residential facility subject to licensure under ORS 443.400 to 443.455. [1961 c.316 §1; 1963 c.202 §1; 1969 c.641 §18; 1973 c.832 §10; 1977 c.717 §18; 2007 c.71 §155; 2016 c.106 §51]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.215 - Institution not to be licensed or certificated unless in compliance with fire safety requirements; inspection; list of licensed or approved institutions.

(1) Except as provided in subsection (3) of this section or in ORS 479.217, the Department of Human Services or the Oregon Health Authority may not issue an initial license or an initial certificate of approval to any institution when the State Fire Marshal, or an approved representative as provided in subsection (3) of this section, notifies in writing that the institution is not in substantial compliance with all applicable laws and rules relating to safety from fire established pursuant to ORS 476.030.
(2) On January 1st of each year or as soon thereafter as practicable, the department and the authority shall furnish the State Fire Marshal with a complete list of all institutions licensed or approved by the department or the authority within the State of Oregon.
(3) The State Fire Marshal, deputy or the approved authority shall make or have made at least once each year an inspection of any such licensed or approved institution to determine its substantial compliance with the laws and rules as provided in subsection (1) of this section. If any required corrective measures are not completed within the reasonable time fixed or an extension thereof made by order of the inspecting authority, the department or the Oregon Health Authority shall be notified of the fact of noncompliance and appropriate action shall be initiated in accordance with provisions of ORS 476.030 and 479.170. Except as provided in ORS 479.217, if, at any time, the State Fire Marshal, or deputy, or the approved authority notifies the department or the Oregon Health Authority in writing that an institution is not in substantial compliance with all applicable laws and rules as provided in subsection (1) of this section, the licensing agency shall deny, withhold, suspend or revoke the license or certificate of approval of the institution.
(4) When an area has been exempted by the State Fire Marshal under ORS 476.030, certification, annual inspection and notification of noncompliance when appropriate, shall be made and performed by the approved authority of the governmental subdivision having jurisdiction in such area. [1961 c.316 §2; 1963 c.202 §2; 1965 c.602 §21; 1973 c.832 §11; 2009 c.595 §978]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.217 - Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal.

(1) In lieu of an inspection approval by the State Fire Marshal or the approved authority of a governmental subdivision having jurisdiction in an area exempted by the State Fire Marshal, under ORS 479.215 for institutions licensed under ORS 412.001 to 412.161, 418.005 to 418.025, 418.205 to 418.327, 418.470, 418.475, 418.625 to 418.685, 418.647, 418.950 to 418.970, 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.400 to 442.463 or 443.400 to 443.455, the State Fire Marshal or the approved authority may issue a temporary permit which meets the requirements of ORS 479.215 for licensing of such institutions. The temporary permit may be issued only when it appears that:
(a) The facilities for protection from fire in an institution are adequate so that the institution can operate without jeopardizing the health or safety of its residents or patients; and
(b) The institution can comply with all applicable laws and rules relating to safety from fire within a period of two years from the date of issuance of the temporary permit.
(2) In issuing the temporary permit, the State Fire Marshal or approved authority of the governmental subdivision having jurisdiction in an exempt area may require that during the two-year period in which the temporary permit is in effect:
(a) Plans for compliance with all applicable laws and rules relating to safety from fire be submitted with the application for a temporary permit;
(b) Periodic reports be submitted on the progress of the plans for compliance; and
(c) Special temporary provisions specified by the State Fire Marshal or the approved authority be maintained for the protection from fire of the residents or patients of the institution.
(3) If at any time, the State Fire Marshal or the approved authority determines that the facilities for protection from fire at the institution are no longer adequate to protect the residents or patients or that the requirements imposed under subsection (2) of this section are not being maintained, the State Fire Marshal or the approved authority shall cancel the temporary permit and shall notify the licensing agency of such cancellation.
(4) Extensions and renewals may be granted on the temporary permit. [1963 c.202 §5; 1965 c.602 §22; 1973 c.832 §12; 1977 c.717 §21; 2009 c.595 §979; 2016 c.106 §52]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.220 - Institution inspection by State Fire Marshal; notification to licensing agency of noncompliance.

When application is made for the initial issuance or reinstatement of a license or certificate of approval to operate and maintain an institution, or for an enlargement or addition to a licensed or approved institution, the licensing agency shall notify in writing the State Fire Marshal, and the State Fire Marshal or deputy, or the approved authority in the case of an institution located in an area exempted under ORS 476.030, shall within 30 days inspect the institution as authorized by ORS 476.150 and within that time shall notify the licensing agency in writing when the institution is not substantially in compliance with all applicable laws and rules. [1961 c.316 §3; 1963 c.202 §3; 1965 c.602 §23; 1967 c.89 §9; 1973 c.832 §13; 2009 c.595 §980]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 479 - Protection of Buildings From Fire; Electrical Safety Law › Section 479.250 - Definitions for ORS 479.250 to 479.305.

As used in ORS 479.250 to 479.305, unless the context requires otherwise:
(1) "Door knock alerting device" or "door knock device" means an approved electronic unit that alerts an occupant who is hard of hearing of a knock on the door of the sleeping room that the person who is hard of hearing is occupying.
(2) "Dwelling unit" means a structure or part of a structure providing complete, independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking and sanitation.
(3) "Hotel" means any building containing six or more guest rooms that are rented, hired out or made available on a regular basis for sleeping purposes but are not used as a primary residence.
(4) "Landlord" means the owner, lessor or sublessor of the rental dwelling unit or guest room in the building of which it is a part.
(5) "Lodging house" is any building or portion thereof containing not more than five guest rooms that are made available for sleeping purposes in exchange for compensation paid in money, goods, labor or other tender but are not used as a primary residence.
(6) "Smoke alarm" means a self-contained single or multiple station detection device for products of combustion other than heat that conforms to the state building code and rules of the State Fire Marshal and that is listed by Underwriters Laboratories or any other nationally recognized testing laboratory. "Smoke alarm" includes but is not limited to devices listed under UL 217 (1998). "Smoke alarm" may include two or more single station units wired to operate in conjunction with each other.
(7) "Smoke alarm for persons who are hard of hearing" means an approved smoke alarm that, when activated by smoke or products of combustion, produces an audible and a visual warning. The visual warning shall produce a light signal sufficient to warn a person who is hard of hearing of the presence of fire or smoke.
(8) "Smoke detector" means a device that is not self-contained, that detects products of combustion other than heat, that is intended for use in conjunction with a central control panel, that conforms to the state building code and rules of the State Fire Marshal and that is listed by Underwriters Laboratories or any other nationally recognized testing laboratory. "Smoke detector" includes but is not limited to devices listed under UL 268 (1998).
(9) "State building code" shall have the meaning for that term provided under ORS 455.010.
(10) "Tenant" means a person entitled to occupy a dwelling unit on a rental or lease basis. [1979 c.642 §1; 1989 c.247 §1; 1999 c.307 §1; 2007 c.70 §272; 2007 c.71 §156]