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 476.836 - Identification of novelty lighters; rules; disposition of contraband lighters.

(1) The State Fire Marshal may adopt rules to identify lighters or classes or types of lighters that are novelty lighters. The novelty lighters identified by the State Fire Marshal may include, but need not be limited to, lighters of misleading design that resemble or imitate:
(a) Cartoon characters, figurines or action figures;
(b) Toys or game pieces;
(c) Musical instruments;
(d) Vehicles;
(e) Animals;
(f) Human body parts;
(g) Food, beverages or food or beverage packages;
(h) Weaponry;
(i) Furniture;
(j) Sports equipment;
(k) Holiday decoration;
(L) Tools; or
(m) Household products.
(2) The State Fire Marshal shall establish and maintain a list of lighters, and of classes and types of lighters, that the State Fire Marshal has determined to be novelty lighters. The State Fire Marshal shall make the list available to the public in electronic form or in other forms selected by the State Fire Marshal.
(3) A lighter is a contraband item subject to seizure and destruction by the State Fire Marshal or a representative of the State Fire Marshal, or by a law enforcement agency, if the lighter is:
(a) Listed, or of a class or type listed, in State Fire Marshal rules as a novelty lighter; and
(b) Offered for sale, sold or distributed in this state or manufactured or possessed for the purpose of sale or distribution in this state.
(4) The State Fire Marshal or a representative of the State Fire Marshal, or a law enforcement agency, may seize a novelty lighter that is not described in subsection (3) of this section. Upon finding that the person from whom the lighter was seized is subject to imposition of a civil penalty under ORS 476.841 for being a manufacturer, importer, wholesaler, storer, seller or distributor of the lighter, the State Fire Marshal or a representative may order that the lighter be forfeited and destroyed. [2009 c.6 §2]
Note:
See note under 476.831.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.841 - Prohibition against sale or distribution of novelty lighters; civil penalties.

(1) A person may not sell, offer for sale or distribute a novelty lighter in this state. A person may not manufacture a novelty lighter in this state, or import a novelty lighter into this state, for the purpose of selling or distributing the novelty lighter within this state. A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.
(2) The State Fire Marshal may impose a civil penalty against a person who violates subsection (1) of this section. The civil penalty may not exceed:
(a) $10,000 if the person is a manufacturer or importer of lighters.
(b) $1,000 if the person is a wholesaler of lighters or distributes lighters by means other than distribution directly to consumers.
(c) $500 if the person is:
(A) A retail seller of lighters; or
(B) A person distributing lighters, if the person is other than a manufacturer, importer or wholesaler.
(3) If a person continues to violate this section after the State Fire Marshal gives the person written notice of the violation, each day that the violation continues is a separate offense subject to a civil penalty.
(4) The State Fire Marshal shall impose civil penalties under this section as provided in ORS 183.745. For purposes of ORS 183.417, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the State Fire Marshal as described in ORS 476.836 as a novelty lighter, or is of a class or type of lighter listed by the State Fire Marshal as novelty lighters. However, listing by the State Fire Marshal is not a prerequisite for finding that a lighter is a novelty lighter.
(5) All moneys collected from civil penalties under this section shall be deposited to the credit of the State Fire Marshal Fund. [2009 c.6 §3]
Note:
See note under 476.831.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.846 - Compliance inspections.

(1) The State Fire Marshal, or a representative of the State Fire Marshal, may conduct inspections to ensure compliance with ORS 476.841. The State Fire Marshal or representative may:
(a) Have access during reasonable business hours to facilities within this state used in the business of manufacturing, importing, distributing, selling or storing lighters;
(b) Inspect the manufacturing, importing, distribution, sales or storage facilities and any lighters located at the facilities; and
(c) Inspect all business records pertaining to lighter manufacture, import, distribution, sale or storage.
(2) A person engaged in this state in the business of manufacturing, importing, distributing, selling or storing lighters shall grant the State Fire Marshal or a representative reasonable access for conducting inspections as described in subsection (1) of this section. [2009 c.6 §4]
Note:
See note under 476.831.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.851 - Agreements with State Fire Marshal representatives.

The State Fire Marshal may enter into agreements with any state or local agency to allow the agency to act as a representative of the State Fire Marshal for purposes of ORS 476.841 and 476.846. [2009 c.6 §5]
Note:
See note under 476.831.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.856 - Attorney General actions to enforce ORS 476.841 and 476.846.

The Attorney General may bring an action at the request of the State Fire Marshal, in the name of the state, seeking:
(1) Injunctive relief to prevent or end a violation of ORS 476.841 or 476.846;
(2) To recover civil penalties imposed under ORS 476.841;
(3) To obtain access for inspections under ORS 476.846; or
(4) To recover attorney fees and other enforcement costs and disbursements. [2009 c.6 §6]
Note:
See note under 476.831.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.900 - Application by certain cities and rural fire protection districts to borrow money from loan fund.

(1) Any city of 5,000 or less in population and any rural fire protection district serving 5,000 or fewer residents may file with the State Fire Marshal an application to borrow from the Fire Protection Equipment Loan Fund moneys for the acquisition of fire protection equipment.
(2) Applications shall be submitted in such manner and shall contain or be accompanied by such information as the State Fire Marshal may prescribe. [1991 c.587 §1]
Note:
476.900 to 476.925 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 476.905 - Approval of application by State Fire Marshal.

The State Fire Marshal may approve an application for a fire protection equipment acquisition loan if the State Fire Marshal finds that:
(1) Moneys in the Fire Protection Equipment Loan Fund will be available therefor; and
(2) The application is for the acquisition of equipment determined by the State Fire Marshal to be necessary to provide adequate fire protection service by the applicant. [1991 c.587 §2]
Note:
See note under 476.900.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.910 - Loan agreement; terms; conditions.

If the State Fire Marshal approves an application for a fire protection equipment acquisition loan, the State Fire Marshal, on behalf of the state, and the applicant may enter into a loan agreement. The agreement shall set forth among other matters:
(1) The amount and purpose of the loan.
(2) A plan for repayment by the applicant to the Fire Protection Equipment Loan Fund of moneys borrowed, upon such terms and conditions as the State Fire Marshal considers appropriate.
(3) That the liability of the state under the contract is contingent upon the availability of moneys in the Fire Protection Equipment Loan Fund.
(4) Such further provisions as the State Fire Marshal determines appropriate to insure expenditure of moneys borrowed for the purposes set forth in the approved application. [1991 c.587 §3]
Note:
See note under 476.900.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.915 - Source of revenue to repay loan.

A city or rural fire protection district that enters into an agreement with the State Fire Marshal for a fire protection equipment acquisition loan may obtain moneys for repayment thereof in the same manner as other moneys are obtained for purposes of the payment of expenses of the city or rural fire protection district. [1991 c.587 §4]
Note:
See note under 476.900.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.920 - Rules; acceptance of gifts, donations and grants.

(1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal may adopt rules to carry out the provisions of ORS 476.900 to 476.925. Such rules may include, but are not limited to, specifying the importance and priority of fire protection equipment that may be acquired pursuant to ORS 476.900 to 476.925 and which requires local government matching funds.
(2) The State Fire Marshal may accept gifts, donations and grants from whatever source for the purpose of carrying out ORS 476.900 to 476.925. All moneys received shall be paid into the Fire Protection Equipment Loan Fund. [1991 c.587 §5]
Note:
See note under 476.900.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.925 - Fire Protection Equipment Loan Fund; uses.

The Fire Protection Equipment Loan Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys in the Fire Protection Equipment Loan Fund are continuously appropriated to the Department of the State Fire Marshal to carry out the provisions of ORS 476.900 to 476.925. Interest earned by moneys in the fund shall be credited to the fund. [1991 c.587 §6; 2021 c.539 §136]
Note:
See note under 476.900.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.990 - Penalties.

(1) The following are Class A misdemeanors:
(a) Violation of ORS 476.150 (2).
(b) Violation of ORS 476.380 (1) or 476.510 to 476.610.
(2) Subject to ORS 153.022, violation of ORS 476.710 or 476.715 or of any rule or regulation of the State Parks and Recreation Department promulgated thereunder is a Class B misdemeanor.
(3) Violation of ORS 476.410 to 476.440 is a Class C misdemeanor.
(4)(a) Except as provided in paragraph (b) of this subsection, violation of ORS 476.715 is a Class A violation.
(b) Violation of ORS 476.715 is a Class B misdemeanor if the conduct constituting the offense:
(A) Results in the ignition of a fire; or
(B) Occurs within a forest protection district organized under ORS 477.225, or a part thereof, for which a fire season has been designated pursuant to ORS 477.505. [Subsection (5) of 1959 Replacement Part formerly 477.990(5); 1961 c.52 §1; subsection (2) enacted as 1967 c.420 §4; subsection (6) enacted as 1967 c.417 §13 and 1967 c.417 §15; 1971 c.563 §10; 1971 c.743 §383; 1999 c.1051 §312; 2001 c.104 §216; 2011 c.597 §219; 2023 c.315 §1; 2023 c.347 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 476 - State Fire Marshal; Protection From Fire Generally › Section 476.995 - Penalty for violation of ORS 476.760.

The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed:
(1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.
(2) For a person that distributes or offers to sell cigarettes to consumers:
(a) For a distribution or offer of not more than 1,000 cigarettes, $500.
(b) For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.
(3) For a continuing violation of ORS 476.760 (1), each day that a person distributes or offers to sell cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) is a separate violation subject to civil penalty. For purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183. [2007 c.34 §3]
Note:
See note under 476.755.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.005 - Policy.

(1) The preservation of the forests and the conservation of the forest resources through the prevention and suppression of forest fires hereby are declared to be the public policy of the State of Oregon.
(2) In order to accomplish the purposes of the policy stated in this section:
(a) The need for a complete and coordinated forest protection system is acknowledged and the primary mission of the State Forestry Department in such a system is protecting forest resources, second only to saving lives. Structural protection, though indirect, shall not inhibit protection of forest resources; and
(b) This chapter shall include all persons and activities designated in this chapter, irrespective as to whether or not such person or activity is concerned with the harvesting, cutting, removal or marketing of trees, timber or other forest products. [Formerly 477.022; 1965 c.253 §45; 1989 c.615 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.009 - Investigative authority of Attorney General for fire protection administration.

(1) For the purpose of an investigation as to liability for cost of hazard abatement, fire abatement or damages under this chapter, the Attorney General, at the request of the State Forester, may administer oaths and affirmations, take testimony or depositions and by subpoena compel the:
(a) Attendance of witnesses;
(b) Production of documents, including but not limited to writings, drawings, graphs, charts, photographs, and other data compilations from which information can be obtained and translated; and
(c) Production of any other tangible thing that the Attorney General deems relevant or material to the investigation.
(2) Each witness subpoenaed under subsection (1) of this section shall receive the fees and mileage provided in ORS 44.415 (2).
(3) If a person fails to comply with a subpoena issued or a party or witness refuses to testify on any matters, the judge of the circuit court of any county, on the application of the State Forester, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1993 c.697 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.013 - Smoke management plan; rules.

(1) For the purpose of maintaining air quality, the State Forester and the Department of Environmental Quality shall approve a plan for the purpose of managing smoke in areas they shall designate. The plan shall delineate regulated areas to which this section applies. The plan shall also include but not be limited to considerations of weather, volume of material to be burned, distance of the burning from designated areas, burning techniques and provisions for cessation of further burning under adverse air quality conditions. All burning permitted within the regulated areas shall be according to the plan. The plan shall be developed by the State Forestry Department in cooperation with federal and state agencies, landowners and organizations that will be affected by the plan. The approved plan shall be filed with the Secretary of State and may thereafter be amended in the same manner as its formation.
(2) The State Forester shall promulgate rules to carry out the provisions of the smoke management plan approved under this section. [1997 c.274 §47; 2007 c.213 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.015 - Definitions.

As used in this section and ORS 477.025 and 477.027, "wildland-urban interface" has the meaning given that term in rule by the State Board of Forestry. [1997 c.429 §§3,8; 2021 c.592 §31]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.025 - Variability of wildland-urban interface fire protection problems.

The Legislative Assembly recognizes that the wildland-urban interface in Oregon varies by condition, situation, fire hazard and risk, that different wildland-urban interface fire protection problems exist across the state because of this variability, and that these different problems necessitate varied fire prevention and protection practices. [1997 c.429 §9; 2021 c.592 §32]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.027 - Establishment of classes of wildland-urban interface; rules.

(1) By rule, considering national best practices, the State Board of Forestry shall establish:
(a) A definition of "wildland-urban interface."
(b) Criteria by which the wildland-urban interface must be identified and classified.
(2) The criteria:
(a) Must recognize differences across the state in fire hazard, fire risk and structural characteristics within the wildland-urban interface.
(b) May not exclude a category of land from inclusion in the wildland-urban interface.
(3) Based on the criteria, the wildland-urban interface must be integrated into the comprehensive statewide map described in ORS 477.490. [1997 c.429 §10; 2007 c.30 §3; 2021 c.592 §33; 2023 c.611 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.033

[1953 c.372 §7; 1955 c.318 §2; 1957 c.83 §7; 1961 c.603 §3; 1963 c.107 §2; 1965 c.253 §69; 1965 c.312 §2; 1965 c.428 §10; renumbered 477.270]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.062 - Inadequately protected forestland declared nuisance; notice to protect; work at expense of owner; collection of amount expended.

(1) All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public nuisance.
(2) Whenever the forester learns thereof, the forester may direct the owner or operator of such forestland to take proper steps for its protection and advise the owner or operator of means to that end. In case of refusal or neglect by either to take precautions against fire required by law or when so directed by the forester in writing, within such time as is specified in the writing, then the forester may have such work done as the forester considers necessary for the protection of life, forest resources or property, without the necessity of court action.
(3) The cost of work under subsection (2) of this section and the expense of any patrol rendered necessary by the want of adequate protection of such forestland shall be recoverable from the offender by an action prosecuted in the name of the state.
(4) All moneys collected under this section shall be paid into the State Treasury, credited to the State Forestry Department Account and expended as other moneys in that account are expended. [Formerly 477.032; 1965 c.253 §50; 1997 c.274 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.064 - Uncontrolled fire declared nuisance.

Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public nuisance by reason of its menace to life, forest resources or property. The spread of fire in forestland across an ownership boundary is prima facie evidence of fire burning uncontrolled. [Formerly 477.034; 1997 c.274 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.066 - Duty of owner and operator to abate fire; abatement by authorities.

(1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the forester, and shall continue until the fire is extinguished.
(2) If the forester determines the fire is either burning uncontrolled or the owner or operator does not then have readily and immediately available personnel and equipment to control or extinguish the fire, the forester, or any forest protective association or agency under contract or agreement with the State Board of Forestry for the protection of forestland against fire, and within whose protection area the fire exists, shall summarily abate the nuisance thus constituted by controlling and extinguishing the fire.
(3) An owner may request in writing that the forester employ alternate fire prevention and suppression strategies or techniques on the owner’s forestland. The forester may employ some or all of the requested strategies or techniques when, in the judgment of the forester, conditions warrant the use of the alternate strategies or techniques. [Formerly 477.036; 1961 c.603 §7; 1965 c.253 §51; 1967 c.429 §1; 1983 c.22 §2; 1999 c.355 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.067 - Notice of fire.

For the purpose of ORS 477.066, notification to the owner or operator of the forestland, is considered sufficient notification to the owner of the existence of a fire. [Formerly 477.042 and then 477.071]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.069 - Negligence in origin and in failure to control fire may be united in one complaint.

Notwithstanding any other law, in any action authorized by ORS 477.068 to collect the costs incurred, the plaintiff may unite in the same complaint causes of action based upon any or all of the grounds therein mentioned. [1957 c.157 §1; 1961 c.603 §9; 1965 c.253 §54]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.085 - Liability for cost of protecting land within a forest protection district.

Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for the actual costs incurred by the forester, association or agency in such efforts. The costs shall be recovered from the person liable therefor in the same manner as costs recovered under ORS 477.068. [1965 c.428 §7; 1967 c.429 §2; 1997 c.274 §3a; 1999 c.355 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.092 - Liability for destruction of property by wildfire.

(1) As used in this section, "wildfire" has the meaning given that term in ORS 477.089.
(2) A person is not liable in a civil action for injury to or destruction of property arising out of a wildfire, except to the extent evidence demonstrates that:
(a) An action or inaction of the person constituted negligence or a higher degree of fault; and
(b) The action or inaction caused or contributed to the cause of the wildfire or caused or contributed to the spreading of the wildfire. [2013 c.307 §3]
Note:
See note under 477.089.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.095 - Applicability of ORS 477.068, 477.085 and 477.089.

(1) An owner of forestland shall not be subject to the provisions of ORS 477.068 and 477.089, where the origin or subsequent spread of a fire was the direct result of training activity by the Oregon National Guard or of any component of the Armed Forces of the United States.
(2) Notwithstanding any other law, the Oregon National Guard shall be subject to the duties, requirements or penalties of ORS 477.068, 477.085 and 477.089, where the origin or subsequent spread of a fire was the direct result of training activity by the Oregon National Guard. [1997 c.274 §36; 2013 c.307 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.100 - Ability of owner to suppress fire; limitation.

(1) The State Forester, or any agency or organization with responsibility under this chapter to suppress fires, may not prohibit an owner or the owner’s agent from suppressing a fire occurring on the owner’s property or that poses a threat to the owner’s property.
(2) Notwithstanding subsection (1) of this section, the forester, agency or organization may prohibit an owner or the owner’s agent from suppressing a fire if the owner or agent conducts the action in a manner that the forester, agency or organization reasonably determines is likely to increase the risk of injury or damage to the personnel or equipment of the forester, agency or organization. [2005 c.802 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.120 - Liability of owner or operator.

(1) Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or penalties of ORS 164.335 and 477.740 or 477.064, 477.066 and 477.068 if:
(a) Forest patrol assessments are regularly paid for the forestland;
(b) Such forestland is protected pursuant to membership in a forest protective association in accordance with ORS 477.210, which association has undertaken the control and suppression of fires on such land as provided in the contract; or
(c) Such forestland is protected pursuant to cooperative agreement or contract under ORS 477.406.
(2) The provisions of subsection (1) of this section do not apply to such owner or operator if the owner or operator:
(a) Is willful, malicious or negligent in the origin or subsequent spread of a fire on such forestland;
(b) Has caused or permitted an operation to exist on such forestland and a fire originates thereon as a result of the operation;
(c) Has failed to give notice to the forester pursuant to ORS 527.670 (6), has failed to obtain a permit for the use of fire in any form or power-driven machinery pursuant to ORS 477.625 or has failed within the time prescribed in any order or notice issued by the forester to reduce, abate, or offset any hazard determined to exist pursuant to ORS 477.062 or 477.580 and a fire originates on or spreads to the area on which such hazard exists and for which no release has been granted pursuant to ORS 477.580 (3) or (4); or
(d) Has caused or allowed any burning, including burning regulated by ORS 477.013 or 477.515, whether or not a permit has been obtained and a fire results from or is caused by such burning.
(3) Unless subsection (2)(a) or (c) of this section applies, the owner or operator shall not be obligated to pay that portion of the actual costs provided in ORS 477.068 which are the ordinary costs of the regular personnel and equipment of the forest protection district wherein the forestland is located.
(4) If subsection (2)(b) or (d) of this section applies and subsection (2)(a) and (c) of this section do not apply, the owner or operator shall not be liable to the forester for fire suppression costs in excess of $300,000.
(5) The provisions of subsections (3) and (4) of this section do not apply to the owner or operator if the owner or operator fails to make every reasonable effort.
(6) For the purpose of subsection (2)(b) of this section, if a fire originates while an operation is in progress, there is a presumption, under ORS 40.120, that the fire originated as a result of the operation. [Formerly 477.056; 1971 c.743 §385; 1973 c.46 §2; 1983 c.22 §4; 1989 c.615 §1; 1997 c.274 §48; 2007 c.847 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.123 - Volunteer fighters of wildfires.

(1) As used in this section:
(a) "Voluntarily" means not undertaken as a condition of employment or with an expectation of remuneration.
(b) "Wildfire" means a fire burning uncontrolled:
(A) On private forestland;
(B) On private cropland, pasture, rangeland or other private agricultural land; or
(C) That threatens a structure on agricultural land.
(2) Except as provided in subsection (4) of this section, a person who voluntarily undertakes the fighting of a wildfire is not civilly liable for any injury to person or property resulting from the good faith performance of firefighting efforts.
(3) Subsection (2) of this section applies to the performance of firefighting efforts that commence when the person arrives at the fire scene or a staging area and end when the person departs from the fire scene or staging area.
(4) Subsection (2) of this section does not apply to:
(a) Members of a volunteer fire department or fire district who have been trained in firefighting techniques; or
(b) The operation of a motor vehicle by a person. [2019 c.245 §1; 2023 c.77 §1]
Note:
477.123 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 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 477 - Fire Protection of Forests and Vegetation › Section 477.125 - Liability of forest protective associations, rangeland protection associations and public bodies; limitations.

(1) A forest protective association, rangeland protection association as defined in ORS 477.315 or public body as defined in ORS 174.109, or a person acting as an agent of a forest protective association, rangeland protection association or public body, is not liable for any injury to persons or property resulting from carrying out the provisions of this chapter or while acting within the scope of a duty imposed by this chapter.
(2) The exemption from liability provided by subsection (1) of this section does not apply to any injury to persons or property resulting from willful misconduct or gross negligence.
(3) An employee of a forest protective association, or a person acting as an agent of a forest protective association, is an agent of a public body acting within the scope of their duties for purposes of ORS 30.260 to 30.300, if the person:
(a) Engages in fire fighting activities occurring on lands located outside of the forest protection district in which the association is located; and
(b) Acts under the direction and control of the forester. [2003 c.54 §2; 2005 c.105 §1; 2007 c.808 §4; 2016 c.69 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.128 - Expenditures for criminal defense related to fire suppression activities.

(1) As used in this section, "firefighter" means an employee of the State Forestry Department or of a forest protective association, as defined in ORS 477.001, whose duties include the abatement of uncontrolled fire as described in ORS 477.064.
(2) The State Forester may authorize the expenditure of funds from the State Forestry Department revolving account to pay costs and reasonable attorney fees that a firefighter who is charged with a misdemeanor or felony incurs to defend against that charge if the State Forester determines that:
(a) The firefighter was performing fire suppression activities under the direction and control of the State Forester or an authorized representative of the State Forester at the time of the alleged misdemeanor or felony;
(b) The alleged actions underlying the charge, if true, are directly related to the firefighter’s performance of fire suppression activities on forestlands; and
(c) The fire suppression actions of the firefighter were within the range of reasonable fire suppression actions.
(3) This section does not confer any right on a firefighter to hearing or appeal regarding determinations made by the State Forester under subsection (2) of this section.
(4) This section does not authorize the expenditure of moneys to pay costs or attorney fees incurred on appeal or in seeking post-conviction relief. [2011 c.218 §1]
Note:
477.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 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 477 - Fire Protection of Forests and Vegetation › Section 477.150 - Smoke detection cameras.

(1) The State Forestry Department shall establish and maintain an expanded system of automated smoke detection cameras that includes staffing in detection centers to monitor and alert fire suppression staff when fires are detected.
(2) The system must serve the purposes of quickly detecting, locating and extinguishing fires and keeping fires as small as possible. [2021 c.592 §30]
Note:
477.150 to 477.161 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 477 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 477 - Fire Protection of Forests and Vegetation › Section 477.155 - Wildfire response capacity.

The State Forestry Department:
(1) Shall consult and coordinate with federal agencies, private stakeholders and other state agencies to determine the adequacy of state, federal and private wildfire response capacity. The department shall act to facilitate wildfire prevention and wildfire response communication and coordination between federal, state, local and private entities.
(2) Shall increase the department’s wildfire readiness and response capacity, including increases to fire suppression response personnel, aviation assets and necessary administrative support personnel, to the extent the department receives funding for the increase.
(3) Shall, to the extent practicable, seek to leverage state moneys to obtain an increase in federal wildfire resources available to Oregon for effective initial response purposes.
(4) Shall consult with the Department of the State Fire Marshal and with local fire defense board chiefs to assess the adequacy of available mutual aid to provide wildfire response on wildland-urban interface lands and to identify means for providing additional resources from the state or other entities to enhance wildfire response capacity on wildland-urban interface lands.
(5) Shall continually identify workforce development needs associated with wildfire risk mitigation and wildfire response and develop funding proposals for meeting those needs on a sustained basis. The identified workforce development needs must align with wildfire risk to provide an adequate level of wildfire protection, as described in ORS 477.062.
(6) May enter into cooperative agreements or contracts with a local or private entity for the purpose of assisting the entity to organize for purposes of wildfire risk mitigation or wildfire response, including, but not limited to, facilitating wildfire training and the acquisition of firefighting equipment for the entity and assisting with payment for liability insurance and other administrative expenses of the entity associated with wildfire risk mitigation or wildfire response. [2021 c.592 §30a]
Note:
See note under 477.150.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.158

[Amended by 1953 c.68 §19; 1957 c.32 §2; 1959 c.363 §9; 1965 c.253 §101; renumbered 477.545]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.161 - Fire protection for lands outside forest protection districts.

(1) The State Forester, in collaboration with the State Fire Marshal, state agencies and local governments as defined in ORS 174.116, shall adopt rules establishing baseline levels of wildfire protection for lands that are outside of forest protection districts and susceptible to wildfire. When establishing the baseline levels for lands, the State Forester shall ensure that the levels are adapted to reflect regional conditions. A county, in collaboration with the State Forester and the State Fire Marshal, may work to ensure that all lands within the county that are outside of forest protection districts and susceptible to wildfire are provided with wildfire protection services at the applicable baseline level or a higher level. As used in this subsection, "forest protection districts" means lands designated in State Forester rules as provided under ORS 477.225.
(2) A county, in collaboration with the State Forester and the State Fire Marshal, may assist:
(a) Landowners, individuals and businesses with forming jurisdictions to provide wildfire protection;
(b) Landowners, individuals, businesses and jurisdictions with obtaining expansion of or other changes to boundaries or facility locations of jurisdictions that provide wildfire protection;
(c) Jurisdictions to expand or adjust jurisdiction service boundaries to ensure adequate wildfire protection for lands; and
(d) Jurisdictions in developing wildfire protection facilities, equipment, training and other resources adequate to ensure that the jurisdiction provides timely and effective wildfire protection at the baseline level or higher on lands described in subsection (1) of this section throughout the jurisdiction.
(3) The State Forester may provide financial assistance to counties for carrying out county duties under subsection (2) of this section from any funds made available to the State Forester and designated for that purpose. [2021 c.592 §28]
Note:
See note under 477.150.
Note:
Section 29, chapter 592, Oregon Laws 2021, provides:
Sec. 29.
A county shall ensure no later than January 1, 2026, that all lands described in section 28 (1) of this 2021 Act [477.161 (1)] within the county have baseline level or higher wildfire protection as described in section 28 of this 2021 Act. [2021 c.592 §29]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.175 - Definition of "all possible aid" for agreement.

As used in the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200, "all possible aid" means the assistance that a member can provide in response to a request for aid without materially diminishing the overall fire prevention or protection capabilities of the member at the time of the request and for the duration of the response to provide assistance. [1999 c.258 §3]
Note:
477.175 to 477.200 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 477 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 477 - Fire Protection of Forests and Vegetation › Section 477.180 - Ratification of amendment to agreement; withdrawal if Legislative Assembly fails to ratify amendment.

If the Northwest Wildland Fire Protection Agreement is amended in accordance with Article IX of the agreement, the Governor shall invoke Article X of the agreement to withdraw from the agreement until such time as the Legislative Assembly ratifies the amendment, or during the interim between legislative sessions, until such time as the State Forester submits the amendment to the Emergency Board for review. The State Forester shall submit any amendment reviewed by the Emergency Board to the next Legislative Assembly for ratification. If the Legislative Assembly does not ratify the amendment prior to adjournment sine die, the Governor shall immediately invoke Article X of the agreement to withdraw from the agreement. [1999 c.258 §4]
Note:
See note under 477.175.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.185 - Use of local fire protection resources.

The Governor shall make reasonable efforts to use local available fire protection resources within Oregon before calling on forces from other members of the Northwest Wildland Fire Protection Agreement. [1999 c.258 §5]
Note:
See note under 477.175.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.186

[Amended by 1953 c.68 §19; 1955 c.158 §3; 1957 c.32 §3; 1965 c.253 §113; renumbered 477.655]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.188

[Amended by 1953 c.68 §19; 1955 c.158 §5; 1965 c.253 §115; 1965 c.428 §§13,14; renumbered 477.665]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.190 - Authority of Governor to carry out agreement.

The Governor may take any action necessary to carry out the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200. The Governor may delegate the authority granted under this section or ORS 477.180 and 477.185 to the State Forester. [1999 c.258 §6]
Note:
See note under 477.175.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.195 - Ratification of Northwest Wildland Fire Protection Agreement.

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Northwest Wildland Fire Protection Agreement set forth in ORS 477.200, and the provisions of such agreement hereby are declared to be the law of this state upon such agreement becoming effective as provided in subsection (2) of this section.
(2) This agreement shall become effective when it has been ratified by one or more of the states eligible to be parties to this agreement and has been consented to by the Congress of the United States as required by section 10, Article I of the Constitution of the United States. [1999 c.258 §1]
Note:
See note under 477.175.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.205 - Definitions for ORS 477.205 to 477.281.

As used in ORS 477.205 to 477.281, unless the context requires otherwise:
(1) "Grazing land" means forestland, within a forest protection district, that has been classified as Class 3, agricultural class, as provided by ORS 526.305 to 526.370.
(2) "Timberland" means forestland, within a forest protection district, that has not been classified as Class 3, agricultural class, under ORS 526.305 to 526.370. [1965 c.253 §56]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.210 - Duty of owner to protect forestland; forester’s duty to provide protection upon noncompliance.

(1) During the season of the year when there is danger of fire, every owner of forestland shall provide adequate protection against the starting or spread of fire thereon or therefrom, which protection shall meet with the approval of the State Board of Forestry.
(2) Subsection (1) of this section is considered to have been complied with if, on January 1 of each year, the owner:
(a) Files with the forester a bona fide forest protection plan that meets with the approval of the board; or
(b) Is a member in good standing in a forest protective association maintaining a standard of protection approved by the board.
(3) The forester shall make periodic inspections of the protection facilities provided in order to ascertain compliance by the owner.
(4) In case any owner of forestland shall fail or neglect to file such a fire plan or maintain the standard of protection approved by the board, either through compliance with the fire plan or membership in an approved association, then the forester under the direction of the board shall provide forest protection pursuant to ORS 477.205 to 477.281.
(5) The forester shall provide protection pursuant to ORS 477.205 to 477.281 for forestland owned by the state or by a political subdivision located within a forest protection district, unless adequate protection as required by this section is otherwise provided. [Formerly 477.024; 2003 c.14 §314]