Oregon Fire Protection Licensing Law

Oregon Code · 93 sections

The following is the full text of Oregon’s fire protection licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 105.600

105.600;

�� (e) The accessory dwelling unit will comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment;

�� (f) The accessory dwelling unit will not include more than 900 square feet of usable floor area;

�� (g) The accessory dwelling unit will be located no farther than 100 feet from the existing single-unit dwelling;

�� (h) If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission;

�� (i) No portion of the lot or parcel is within a designated area of critical state concern;

�� (j) The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410; and

�� (k) The county has adopted land use regulations that ensure that:

�� (A) The accessory dwelling unit has adequate setbacks from adjacent lands zoned for resource use; and

�� (B) The accessory dwelling unit has adequate access for firefighting equipment, safe evacuation and staged evacuation areas.

�� (3) A county may not allow an accessory dwelling unit allowed under this section to be used for vacation occupancy, as defined in ORS 90.100.

�� (4) A county that allows construction of an accessory dwelling unit under this section may not approve:

�� (a) A subdivision, partition or other division of the lot or parcel so that the existing single-unit dwelling is situated on a different lot or parcel than the accessory dwelling unit.

�� (b) Construction of an additional accessory dwelling unit on the same lot or parcel.

�� (5) A county may require that an accessory dwelling unit constructed under this section be served by the same water supply source or water supply system as the existing single-unit dwelling, provided such use is allowed for the accessory dwelling unit by an existing water right or a use under ORS 537.545. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department.

�� (6) An existing single-unit dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating exemptions under ORS 537.545 (1).

�� (7) Nothing in this section requires a county to allow any accessory dwelling units in areas zoned for rural residential use or prohibits a county from imposing any additional restrictions on accessory dwelling units in areas zoned for rural residential use, including restrictions on the construction of garages and outbuildings that support an accessory dwelling unit. [2021 c.396 �2; 2022 c.85 �5; 2023 c.76 �1; 2023 c.611 �9; 2025 c.38 �37; 2025 c.589 �1; 2025 c.590 �18]

�� 215.501 Conversion of historic homes to accessory dwelling units. (1) As used in this section:

�� (a) �Accessory dwelling unit� means a residential structure that is used in connection with or that is auxiliary to a single-unit dwelling.

�� (b) �Area zoned for rural residential use� means land that is not located inside an urban growth boundary as defined in ORS 197.015 and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use.

�� (c) �Historic home� means a single-unit dwelling constructed between 1850 and 1945.

�� (d) �New� means that the dwelling being constructed did not previously exist in residential or nonresidential form. �New� does not include the acquisition, alteration, renovation or remodeling of an existing structure.

�� (e) �Single-unit dwelling� means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type.

�� (2) Notwithstanding any local zoning or local regulation or ordinance pertaining to the siting of accessory dwelling units in areas zoned for rural residential use, a county may allow an owner of a lot or parcel within an area zoned for rural residential use to construct a new single-unit dwelling on the lot or parcel, provided:

�� (a) The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 197A.230;

�� (b) The lot or parcel is at least two acres in size;

�� (c) A historic home is sited on the lot or parcel;

�� (d) The owner converts the historic home to an accessory dwelling unit upon completion of the new single-unit dwelling; and

�� (e) The accessory dwelling unit complies with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment.

�� (3) An owner that constructs a new single-unit dwelling under subsection (2) of this section may not:

�� (a) Subdivide, partition or otherwise divide the lot or parcel so that the new single-unit dwelling is situated on a different lot or parcel from the accessory dwelling unit.

�� (b) Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home�s square footage at the time construction of the new single-unit dwelling commenced.

�� (c) Rebuild the accessory dwelling unit if the structure is lost to fire.

�� (d) Construct an additional accessory dwelling unit on the same lot or parcel.

�� (4) A county may require that a new single-unit dwelling constructed under this section be served by the same water supply source as the accessory dwelling unit.

�� (5) A county may impose additional conditions of approval for construction of a new single-unit dwelling or conversion of a historic home to an accessory dwelling unit under this section. [2017 c.400 �2; 2023 c.13 �99; 2025 c.38 �38]

NOTICE TO PROPERTY OWNERS

�� 215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions. (1) As used in this section, �owner� means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.

�� (2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance.

�� (3) Except as provided in subsection (6) of this section and in addition to the notice required by ORS 215.060, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan, the governing body of a county shall cause a written individual notice of land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective.

�� (4) In addition to the notice required by ORS 215.223 (1), at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, the governing body of a county shall cause a written individual notice of land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.

�� (5) An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the governing body of the county and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

�� This is to notify you that (governing body of the county) has proposed a land use regulation that may affect the permissible uses of your property and other properties.

�� (b) Contain substantially the following language in the body of the notice:

�� On (date of public hearing), (governing body) will hold a public hearing regarding the adoption of Ordinance Number _____. The (governing body) has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� Ordinance Number _ is available for inspection at the _ County Courthouse located at _. A copy of Ordinance Number also is available for purchase at a cost of __.

�� For additional information concerning Ordinance Number _, you may call the (governing body) Planning Department at _.

�� (6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by the governing body of a county pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628, 197.633 and

ORS 118.525

118.525, 314.835 or 314.840 or any similar provision of law, notify the agency and the person in writing.

�� (b) Upon receipt of such notice, the agency shall refuse to reissue, renew or extend any license, contract or agreement until the agency receives a certificate issued by the department that the person is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.

�� (c) Upon the written request of the director and after a hearing and notice to the licensee as required under any applicable provision of law, the agency shall suspend the person�s license if the agency finds that the returns and taxes have not been filed or paid and that the licensee has not filed in good faith a petition before the department contesting the tax and the department has been unable to obtain payment of the tax through other methods of collection. For the purpose of the agency�s findings, the written representation to that effect by the department to the agency shall constitute prima facie evidence of the person�s failure to file returns or pay the tax. The department shall have the right to intervene in any license suspension proceeding.

�� (d) Any license suspended under this subsection shall not be reissued or renewed until the agency receives a certificate issued by the department that the licensee is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.

�� (5) The department may enter into an installment payment agreement with a licensee or provider with respect to any unpaid tax, penalty and interest. The agreement shall provide for interest on the outstanding amount at the rate prescribed by ORS 305.220. The department may issue a provisional certificate of good standing pursuant to subsection (4)(b) and (d) of this section which shall remain in effect so long as the licensee or provider fully complies with the terms of the installment agreement. Failure by the licensee or provider to fully comply with the terms of the installment agreement shall render the agreement and the provisional certificate of good standing null and void, unless the department determines that the failure was due to reasonable cause. If the department determines that the failure was not due to reasonable cause, the total amount of the tax, penalty and interest shall be immediately due and payable, and the department shall notify any affected agency that the licensee or provider is not in good standing. The agency shall then take appropriate action under subsection (4)(b) and (d) of this section.

�� (6) No contract or other agreement for the purpose of providing goods, services or real estate space to any agency shall be entered into, renewed or extended with any person, unless the person certifies in writing, under penalty of perjury, that the person is, to the best of the person�s knowledge, not in violation of any tax laws described in ORS 305.380 (4).

�� (7) The certification under subsection (6) of this section shall be required for each contract and renewal or extension of a contract or may be provided on an annual basis. A certification shall not be required for a contract if the consideration for the goods, services or real estate space provided under the contract is no more than $1,000.

�� (8)(a) The requirements of the certification under subsection (6) of this section shall be subject to the rules adopted by the department in accordance with this section.

�� (b) The department may by rule exempt certain contracts from the requirements of subsection (6) of this section. [1987 c.843 �7; 1989 c.656 �1; 1997 c.99 �36]

SUBPOENAS RELATING TO INDUSTRIAL PROPERTY

�� 305.390 Subpoenas of records containing information on industrial plant for use to determine value of different industrial plant. A subpoena for the production of records may be issued under ORS 305.190 or 305.420 to the owner of an industrial plant, as defined in ORS 308.408, for purposes of a proceeding involving the determination of the value of a different industrial plant for ad valorem property taxation, only under the following conditions:

�� (1) The information to be produced is to be used to determine the value of a specific industrial plant;

�� (2) The information to be produced is not available to the person or agency issuing the subpoena from any public source; and

�� (3) The information to be produced is likely to improve the accuracy or reliability of the determination of value. [1993 c.353 �4]

�� 305.392 Process for limiting scope of third-party subpoena. (1) This section applies to subpoenas issued under ORS 305.190 or 305.420 (4) to owners of industrial plants, as defined in ORS 308.408, for the production of books, papers, correspondence or any other documents to be used in a judicial proceeding that involves the determination of the value of a different industrial plant, for purposes of ad valorem property taxation. The purpose of this section is to provide a process by which the parties may limit the scope of a subpoena for the production of documents, if possible.

�� (2) Before any person or the Department of Revenue may issue a subpoena to which this section applies, the person or department shall give written notice to the person or agency to be subpoenaed that a subpoena will be issued no sooner than 60 days after the date the notice is received. The notice shall state the general nature of the documents desired to be produced and the purpose for which they will be used. The notice shall state that the person or agency to be subpoenaed may request an informal meeting with the person or department giving notice to identify the nature and form of documents the person or agency has and to verify the need for the documents desired to be produced.

�� (3) If the person or agency receiving a notice given under subsection (2) of this section requests an informal meeting as provided in the notice, the person or department giving notice shall meet with the person or agency before issuing the subpoena. If the parties can agree that only specific documents need to be produced, the subpoena may then be issued and shall be limited to those documents.

�� (4) If the person or agency receiving a notice under subsection (2) of this section does not request a meeting, or if the parties cannot agree on the specific documents to be produced, the person or department giving notice may issue the subpoena on or after the date specified in the notice.

�� (5) A person or agency given notice under subsection (2) of this section may not seek relief from compliance with a subpoena or for protection of documents to be produced until a subpoena has been issued. [1993 c.353 �7; 1995 c.650 �84; 2005 c.345 �5]

�� 305.394 When industrial plant owner may choose not to produce information sought by subpoena. (1) If the owner of an industrial plant that is located outside this state is given notice under ORS 305.392, or is served with a subpoena for purposes of appraisal of an industrial plant located within this state, the owner may choose not to produce any documents related to the income or expenses of the industrial plant that are identified in the notice or the subpoena, if that information is described in ORS 308.411 (8) as exempt from disclosure for an owner electing under ORS 308.411 (2).

�� (2) As used in this section, �industrial plant� has the meaning given in ORS 308.408. [1993 c.353 �9]

�� 305.396 Protection of confidentiality of industrial property information obtained by subpoena. (1) When the Department of Revenue or any person has obtained information concerning industrial property by subpoena issued under ORS 305.190 or 305.420, and the provider of the information has designated the information as confidential, the confidentiality of the information shall be protected as provided in this section.

�� (2) If the department or any person in possession of information described in subsection (1) of this section intends to use that information in a judicial proceeding, the court shall close the proceedings to anyone other than representatives of the parties to the proceeding at any time the confidential information is presented as evidence. The court shall limit the disclosure of the information to representatives of the parties to the proceeding as provided in ORS 305.398. The court also shall seal those parts of the record of the proceeding that contain confidential information. This subsection shall apply to proceedings on appeal from the court proceeding. [1993 c.353 �10; 1995 c.650 �85]

�� 305.398 Disclosure and use of industrial property confidential information obtained by third-party subpoena. (1) When the Department of Revenue or any person has obtained information concerning industrial property by subpoena issued under ORS 305.190 or 305.420, for use in a judicial proceeding concerning the value of a different industrial property, and the provider of the information has designated the information as confidential, access to that information shall be limited by an order of the judicial body conducting the proceeding. The order shall specify the allowable uses of the confidential information and establish the conditions under which disclosure may be made to those individuals described in this section.

�� (2) The confidential information may be disclosed to the following individuals only:

�� (a) Counsel for the Department of Revenue.

�� (b) Counsel of record for any party participating in the proceeding in which the information is to be used.

�� (c) Employees of the Department of Revenue who are assigned to perform an appraisal using the confidential information.

�� (d) Those experts or consultants for any party participating in the proceeding who are not, have not previously been and are not anticipated to become directors, officers, employees or business associates of the party, and who have been retained to provide technical advice or testimony in the proceeding.

�� (3) Before disclosure of information described in this section, each individual to whom disclosure of confidential information will be made shall execute a written acknowledgment of the confidential nature of the information and consent to be bound by the terms of the order of confidentiality, subject to judicial penalties for contempt. Such an acknowledgment shall be executed by any person to whom access to confidential information is actually given.

�� (4) A written record shall be maintained by the Department of Revenue and any party to whom disclosure is made of the specific material disclosed and the identity of those individuals to whom access has been given, including the name and title of the individuals and the date each was approved to be given access.

�� (5) The documents, and any copies of them, shall be marked �confidential� or in some way identified to be subject to limited access. Any copies of the original documents shall be reproduced in a way that makes them readily identifiable.

�� (6) At the conclusion of the proceeding, all documents subject to the provisions of this section shall be returned to the person or agency that originally produced them. Any copies, abstracts or summaries of the information shall be destroyed, and their destruction shall be verified by the party or agency that made the copies. [1993 c.353 �11; 1995 c.650 �86]

�� 305.400 Payment of costs of subpoena compliance; determination of costs. (1) Any agency or person issuing a subpoena under ORS 305.190 or 305.420 for information concerning industrial property, shall pay the reasonable costs of compliance with the subpoena incurred by the party responding to the subpoena.

�� (2) Reasonable costs include the cost of locating records, preparing copies of records, costs of postage, freight or delivery, the cost of materials used to organize or contain records and the cost of management review of material to be produced to determine compliance with the subpoena.

�� (3) Reasonable costs do not include the cost of duplicating records for the use of the person producing the records or legal fees or management costs incurred in resisting compliance with a subpoena. [1993 c.353 �12]

APPEALS OF INDUSTRIAL PROPERTY OR PLANTS

�� 305.403 Appeal of value of state-appraised industrial property in tax court. (1) An appeal by a taxpayer dissatisfied with the assessed value or specially assessed value of land or improvements of a state-appraised industrial property must be brought in the tax court.

�� (2) An appeal under this section is taken by filing a complaint with the tax court in the manner prescribed under ORS 305.560 during the period following the date the tax statements are mailed for the current tax year and ending December 31.

�� (3)(a) The complaint shall be entitled in the name of the person filing the complaint as plaintiff, and the Department of Revenue and the county assessor as defendants.

�� (b) In answering and defending against the allegations of the complaint:

�� (A) The department shall respond only to those allegations that relate to the appraisal or assessment performed by the department; and

�� (B) The county assessor shall respond only to those allegations that relate to the appraisal or assessment performed by the county assessor.

�� (c) The department and the county assessor shall both remain parties to a proceeding described in this subsection unless either party is dismissed by order of the court.

�� (4) Service of the complaint upon the department and the county assessor shall be accomplished by the clerk of the tax court mailing a copy of the complaint to the Director of the Department of Revenue and to the county assessor.

�� (5) As used in this section, �state-appraised industrial property� has the meaning given that term in ORS 306.126 and includes those properties appraised by the department for ad valorem property tax purposes. [1995 c.650 �82; 1997 c.541 �58; 2005 c.225 �2; 2005 c.345 �15; 2011 c.111 �1; 2015 c.36 �2]

OREGON TAX COURT

(General)

�� 305.404 Oregon Tax Court; definitions; usage. Unless the context requires otherwise, as used in ORS 305.404 to 305.560 and other revenue and tax laws, �tax court� or �Oregon Tax Court� means the Oregon Tax Court created under ORS 305.405. In an appropriate case, �tax court� may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the tax court or its magistrates or a combination. In a few instances, �tax court� may include the tax court clerk or other employees of the regular or magistrate division of the tax court. [1995 c.650 �104]

�� 305.405 Oregon Tax Court; creation; jurisdiction. As part of the judicial branch of state government, there is created a court of justice to be known as the Oregon Tax Court. The tax court, in cases within its jurisdiction pursuant to ORS 305.410:

�� (1) Is a court of record and of general jurisdiction, not limited, special or inferior jurisdiction.

�� (2) Has the same powers as a circuit court.

�� (3) Has and may exercise all ordinary and extraordinary legal, equitable and provisional remedies available in the circuit courts, as well as such additional remedies as may be assigned to it. [1961 c.533 �1; 1965 c.6 �1]

�� 305.410 Authority of court in tax cases within its jurisdiction; concurrent jurisdiction; exclusive jurisdiction in certain cases; jurisdiction for local government tax cases. (1) Subject only to the provisions of ORS 305.445 relating to judicial review by the Supreme Court and to subsection (2) of this section, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact arising under the tax laws of this state. For the purposes of this section, and except to the extent that they preclude the imposition of other taxes, the following are not tax laws of this state:

�� (a) ORS chapter 577 relating to Oregon Beef Council contributions.

�� (b) ORS 576.051 to 576.455 relating to commodity commission assessments.

�� (c) ORS chapter 477 relating to fire protection assessments.

�� (d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 relating to insurance company fees and taxes.

�� (e) ORS chapter 473 relating to liquor taxes.

�� (f) ORS chapter 825 relating to motor carrier taxes.

�� (g) ORS chapter 319 relating to motor vehicle and aircraft fuel taxes and the road usage charges imposed under ORS 319.885.

�� (h) The Oregon Vehicle Code relating to motor vehicle and motor vehicle operators� license fees and ORS chapter 830 relating to boat licenses.

�� (i) ORS chapter 578 relating to Oregon Wheat Commission assessments.

�� (j) ORS chapter 462 relating to racing taxes.

�� (k) ORS chapter 657 relating to unemployment insurance taxes.

�� (L) ORS chapter 656 relating to workers� compensation contributions, assessments or fees.

�� (m) ORS 311.420,

ORS 165.990

165.990]

�� 757.993 Penalty for violation of utility excavation notification provisions. (1) Except as provided in subsection (2) of this section and in addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of any rule of the Oregon Utility Notification Center shall incur a penalty of not more than $1,000 for the first violation and not more than $5,000 for each subsequent violation.

�� (2) In addition to all other penalties provided by law, every person who intentionally violates or who intentionally procures, aids or abets in the violation of any rule of the Oregon Utility Notification Center shall incur a penalty of not more than $5,000 for the first violation and not more than $10,000 for each subsequent violation.

�� (3) Each violation of any rule of the Oregon Utility Notification Center shall be a separate offense. In the case of a continuing violation, each day that the violation continues shall constitute a separate violation.

�� (4) Penalties under this section shall not be imposed except by order following complaint as provided in ORS 756.500 to 756.610. A complaint must be filed within two years following the date of the violation.

�� (5) The Public Utility Commission may reduce any penalty provided in this section on such terms as the commission considers proper if:

�� (a) The defendant admits to the violation or violations alleged in the complaint and makes a timely request for reduction of the penalty; or

�� (b) The defendant submits to the commission a written request for reduction of the penalty within 15 days from the date of the penalty order.

�� (6) If the amount of the penalty is not paid to the commission, the Attorney General, at the request of the commission, shall bring an action in the name of the State of Oregon in the Circuit Court for Marion County to recover the penalty. The action shall not be commenced until after the time has expired for an appeal from the findings, conclusions and order of the commission.

�� (7) Notwithstanding any other provision of law, the commission shall pay penalties recovered under this section to the Oregon Utility Notification Center.

�� (8) The commission shall not seek penalties under this section except in response to a complaint alleging a violation of a rule or rules adopted by the Oregon Utility Notification Center. The commission may investigate any such complaint, and the commission shall have sole discretion to seek penalties under this section. [1995 c.691 �7]

�� 757.994 Civil penalty for violation of statute, rule or order related to water utilities. (1) In addition to all other penalties provided by law, a person who violates any statute, rule or order of the Public Utility Commission related to water utilities is subject to a civil penalty of not more than $500 for each violation. The commission may require that penalties imposed under this section be used for the benefit of the customers of water utilities affected by the violation.

�� (2) Notwithstanding ORS 183.745 (7)(d), 183.315 (6) and 756.500 to 756.610, civil penalties under this section must be imposed by the commission as provided in ORS 183.745. [2003 c.202 �3]

�� Note: 757.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.995 Civil penalty for violation of wildfire protection provisions or rule. (1) In addition to all other penalties provided by law, violation of ORS 757.963 or a rule adopted pursuant to ORS 757.963 is subject to a civil penalty not to exceed $10,000.

�� (2) Notwithstanding ORS 183.315 (6), 183.745 (7)(d) and 756.500 to 756.610, civil penalties under this section must be imposed by the Public Utility Commission as provided in ORS 183.745.

�� (3) Civil penalties collected under this section must be paid into the General Fund and credited to the Public Utility Commission Account as described in ORS 756.990 (7). [2021 c.592 �3a]

ORS 192.230

192.230 to 192.250, the report shall be made in a manner as the committee may prescribe.

�� (6) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290.

�� (7) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS

ORS 195.300

195.300 (10)(c)(B) and (10)(f)(E);

�� (B) Predominantly composed of Class I, II or III soils; or

�� (C) Viable for reasonably obtaining a profit through a farm use;

�� (c) Rezoning will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use;

�� (d) If the water source for the rezoned lands is a well, the lands are not within a critical ground water area as designated under ORS 537.730 to 537.740 or within an area where ground water withdrawals have been restricted by the Water Resources Commission;

�� (e) The property owner agrees as a condition of approval of the rezoning to sign and record in the county deed records an irrevocable deed restriction in the form prescribed by the county acknowledging the protected rights of farm, forest and rangeland practices in the area and prohibiting the owner and the owner�s successors in interest from pursuing a cause of action or claim of relief alleging an injury from any farming, forest or rangeland practices if no claim or action is allowed under ORS 30.936 or 30.937 or otherwise protected by law as a farming, forest or rangeland practice;

�� (f) The rezoning and division, if necessary, comply with all substantive rezoning and land division criteria and standards adopted by the county;

�� (g) The approval would not result in a cumulative total of more than 200 acres rezoned by the county under this section;

�� (h) The rezoning has received a public hearing and a written opinion from a review board established under section 3, chapter 671, Oregon Laws 2021;

�� (i) In the prior 10 years, the rezoned lands have not been assessed for property tax purposes as:

�� (A) Open space land under ORS 308A.300 to 308A.330;

�� (B) Riparian habitat under ORS 308A.350 to 308A.383;

�� (C) Wildlife habitat under ORS 308A.403 to 308A.430; or

�� (D) A conservation easement under ORS 308A.450 to 308A.465;

�� (j) The rezoned lands are within a rural fire protection district established under ORS 478.010 to 478.100 and subject to ORS 478.115, 478.120, 478.130, 478.140, 478.150,

ORS 198.855

198.855 and 198.857, land may be annexed to a district as provided in this section.

�� (2) The owner of a parcel of land may petition the county board to annex the land to a district if:

�� (a) The land is surrounded by the district; and

�� (b) The water supply for the land has become inadequate or contaminated, as determined by the local health department, as a result of conditions caused by a wildfire that is the subject of a state of emergency declared by the Governor.

�� (3) The petition must declare that the petition is filed pursuant to this section, state the name of the district and all affected counties, indicate the principal Act of the district, be signed by the owner of the parcel of land and state the conditions that caused the water supply for the land to become inadequate or contaminated.

�� (4) The county board shall immediately approve the petition if the county board determines that:

�� (a) The conditions described in subsection (2) of this section are met;

�� (b) The petition meets the requirements of subsection (3) of this section; and

�� (c) The district, or an independent water supply source of the district, has a water supply sufficient to provide water to the land.

�� (5) If the petition is approved under subsection (4) of this section, the county board shall enter an order describing the boundaries of the land and declaring the land annexed to the district.

�� (6) Subject to the provisions of ORS 264.306 and 264.314, the district, or an independent water supply source of the district, shall provide water to land annexed under this section. [2021 c.546 �2]

�� 264.115 [1953 c.681 �2; 1955 c.213 �1; 1969 c.666 �3; repealed by 1971 c.727 �203]

�� 264.118 [1953 c.681 �3; 1955 c.110 �1; 1969 c.666 �4; repealed by 1971 c.727 �203]

�� 264.120 [Repealed by 1953 c.681 �13]

�� 264.121 [1953 c.681 �4; 1969 c.666 �5; repealed by 1971 c.727 �203]

�� 264.124 [1953 c.681 ��5,7; 1969 c.666 �6; repealed by 1971 c.727 �203]

�� 264.127 [1953 c.681 �6; 1969 c.666 �50; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.130 [Repealed by 1953 c.681 �13]

�� 264.140 [Amended by 1955 c.213 �2; repealed by 1971 c.647 �149]

�� 264.142 [1953 c.681 �8; 1969 c.666 �7; repealed by 1971 c.647 �149]

�� 264.144 [1953 c.681 �9; 1969 c.666 �8; repealed by 1971 c.647 �149]

�� 264.148 [1953 c.681 �10; repealed by 1971 c.647 �149 and by 1971 c.727 �263]

�� 264.150 [Repealed by 1953 c.681 �13]

�� 264.154 [1953 c.681 �11; 1969 c.666 �9; repealed by 1971 c.727 �203]

�� 264.156 [1953 c.681 �12; 1969 c.666 �10; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.160 [Amended by 1969 c.666 �11; repealed by 1971 c.727 �203]

�� 264.170 [Amended by 1955 c.676 �1; 1961 c.369 �1; 1969 c.666 �12; repealed by 1971 c.647 �149]

�� 264.180 [1955 c.676 �4; 1969 c.666 �13; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 264.190 [Formerly 264.415; repealed by 1983 c.350 �331a]

POWERS

�� 264.210 General powers of district. A district formed under this chapter shall have the power to make contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it by this chapter, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [Amended by 1969 c.666 �51; 1971 c.727 �79]

�� 264.220 Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a district under the provisions of this chapter and subsequently by a judgment of a court of competent jurisdiction it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:

�� (1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of furnishing domestic water to the inhabitants thereof, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of furnishing domestic water to such inhabitants.

�� (2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.

�� (3) If no such subsequent organization is created to provide domestic water for the inhabitants of such an area, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [Amended by 2003 c.576 �409]

�� 264.230 [Amended by 1969 c.666 �52; repealed by 1971 c.727 �203]

�� 264.240 Eminent domain authority; acquisition of property and property rights; obtaining or laying water pipelines. A domestic water supply district created under this chapter may exercise the power of eminent domain both inside and outside of its boundaries, and may purchase, sell, condemn and appropriate real property, water, water rights and riparian rights. A district also has the right to purchase or obtain from other local governments as defined in ORS 174.116, water or water rights, or an interest in water or water rights, or an interest in a water pipeline owned or operated by any such local government, or to obtain jointly with any such local government, any right, or to lay and own individually or jointly with any local government, any water pipeline for the purposes specified in ORS 264.110. [Amended by 1969 c.666 �53; 2003 c.802 �82]

�� 264.250 Authority to borrow money and issue general obligation bonds; place of payment. (1) For the purpose of carrying into effect all or any powers granted by this chapter, the district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. Except as otherwise provided by this section, the bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the boundaries of the district, computed in accordance with ORS 308.207.

�� (2) The bonds shall be issued from time to time by the board of commissioners in behalf of the district as authorized by the electors. The bonds shall mature serially within not to exceed 30 years from issue date, and shall bear such rate of interest, payable semiannually, as the board shall determine. The bonds shall be so conditioned that the district agrees to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached.

�� (3) If the district has within its boundaries a population of 300 or over, it may issue bonds in an amount that does not exceed in the aggregate 10 percent of the real market value referred to in subsection (1) of this section.

�� (4) For the purpose of providing additional security for the payment of the principal and interest on general obligation bonds issued under this section, the district may, by resolution of its board, pledge all or any part of the net revenue of its water system as provided in ORS chapter 287A. [Amended by 1963 c.9 �6; 1963 c.318 �1; 1969 c.666 �14; 1969 c.694 �4; 1971 c.36 �1; 1977 c.188 �2; 1981 c.94 �14; 1983 c.347 �18; 1991 c.459 �358; 2001 c.215 �2; 2003 c.802 �83; 2009 c.538 �1]

�� 264.260 Issuance of revenue bonds. In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system, to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve a water system, or to install hydrants for fire protection along its mains, or to perform any of those acts in combination, for the purpose of obtaining water for the domestic use of consumers, or for fire protection, or both, within or without the boundaries of the district. The revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the boundaries of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [Amended by 1969 c.666 �15; 2003 c.802 �84]

�� 264.270 Issuance of refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the board of commissioners without submitting to the electors the question of authorizing the issuance of such bonds. [Amended by 1969 c.666 �16]

�� 264.280 Bond sale procedure. All general obligation and revenue bonds, including refunding bonds, issued under ORS 264.250 to 264.270 shall be advertised and sold in the manner prescribed in ORS chapter 287A for the sale of bonds of cities of this state. [Amended by 2009 c.538 �11]

�� 264.290 [Amended by 1969 c.666 �17; repealed by 1971 c.647 �149]

�� 264.300 Tax assessment, levy and collection. (1) A district may assess, levy and collect taxes in an amount each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 264.110, 264.210 to 264.280 and 264.330 and for the purpose of financing the employees� retirement system.

�� (2) A district may annually also assess, levy and collect a special tax upon all such property in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of such bonds maturing within the year. The special tax shall be applied only in payment of interest and principal of bonds issued by the district, but the district may apply any funds it may have toward payment of principal and interest of any such bonds.

�� (3) Taxes shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned.

�� (4) Taxes levied by the district shall become payable at the same time and be collected by the same officer who collects county taxes, and the proceeds shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.

�� (5) Property is subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes. [Amended by 1963 c.9 �7; 1965 c.348 �6; 1969 c.666 �54; 1969 c.694 �5; 1971 c.36 �2; 1991 c.459 �359; 2001 c.215 �3]

�� 264.306 Regulations concerning use of water and district property; shutoff of water for noncompliance; notice. (1) Any district may adopt and promulgate regulations concerning the use of water and the property of the district. The board of commissioners may refuse to supply any building, place or premises with water where the user fails after five days� written notice to comply with the regulations. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be deemed given when it is deposited in the United States Post Office properly addressed with postage prepaid.

�� (2) Whenever the household supply of water is being jeopardized by nonhousehold use of water, the district can order the nonhousehold use of water to be immediately discontinued. For the purposes of this subsection, nonhousehold use includes irrigation of lawns or fields. [1953 c.660 �3; 1969 c.666 �18; 1991 c.249 �20; 1991 c.250 �1]

�� 264.308 Requiring cash deposits of water users. Any district may require a reasonable cash deposit to insure payment for the use or rent of water to be furnished by the district. [1953 c.660 �1; 1969 c.666 �19]

�� 264.310 Rates for water furnished; contracts to sell surplus water. A district shall charge consumers for the water furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of water used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of water exists over and above any and all demands of domestic users. A district also may contract with any person, or enter into intergovernmental agreements under ORS chapter 190, to supply, furnish and sell surplus water on such terms and conditions and at such rates as the board of commissioners considers advisable. [Amended by 1969 c.666 �55; 2003 c.802 �85]

�� 264.312 Increasing water rates; hearing; notice. (1) Whenever any increase is proposed in the existing rates charged water consumers by a district pursuant to ORS 264.310, the board of commissioners shall first provide for a public hearing on such proposal before any increased rates are ordered into effect.

�� (2) The public hearing required under subsection (1) of this section shall be held at a place designated by the board after notice thereof has been given by inclusion of a notice of the public hearing in either the water bills or a special mailing sent to consumers by the district during the period of 30 days prior to the date of the hearing. [1961 c.685 ��2,3; 1969 c.666 �20; 1979 c.328 �5]

�� 264.314 Shutting off water if delinquent in payment of water bill. In case prompt payment of water rent or charge is not made, a district may shut off the water supply to the building, place or premises to which the district supplied the water. [1953 c.660 �2; 1969 c.666 �56]

�� 264.320 Refund of cost of water main extension. If any person is required by a district to pay the cost of extending a water main adjacent to property other than the person�s own so that water service for domestic use is provided for such other property without further extension of the water main, the district shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the district and such determination shall be final. [Amended by 1969 c.666 �21]

�� 264.330 Hydrants for fire protection; regulations; rates. Any district may install hydrants for fire protection along its mains at such points as its board of commissioners may determine, and furnish water for such purpose. The board shall establish, from time to time, regulations governing such installations, and furnishing of water therefrom and any rates and charges thereon. No equipment other than the hydrants and water therefor shall be furnished at the general expense. [Amended by 1969 c.666 �22]

�� 264.335 Authority to exercise powers of sanitary district. In addition to the other powers granted to districts under this chapter, after holding a public hearing on the question, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if:

�� (1) The district obtains all or part of its supply of water from a watershed and:

�� (a) The watershed is located in a sole-source aquifer designated prior to September 29, 1991, by the United States Environmental Protection Agency under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

�� (b) The watershed is recognized under rules of the Environmental Quality Commission as a watershed requiring protection from contamination in order to maintain high water quality; or

�� (c) The district adopts a resolution declaring that the health of the residents of the district or the general public interest requires the district to protect the water quality of the watershed; and

�� (2) The district obtains written consent to its exercise of such powers from any sanitary district or other service provider that has been providing sanitary service to territory that will be served by the district pursuant to such exercise. [1991 c.665 �2; 2005 c.22 �191; 2009 c.11 �25; 2025 c.214 �1]

�� 264.336 Exercise of sanitary district powers in territory covered by 2020 major disaster declaration related to wildfires. Notwithstanding ORS 264.335, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if:

�� (1) The district meets the requirements of ORS 264.335 (1), (3) and (4) (2023 Edition);

�� (2) Any part of the territory of the district is covered by the major disaster declaration related to wildfires requested by the Governor on September 14, 2020, and approved by the President of the United States on September 15, 2020; and

�� (3) The district is adjacent to a river that serves as a source of drinking water for a metropolitan area with a population greater than 100,000. [2021 c.284 �2; 2025 c.214 �2]

�� 264.340 Purchase and maintenance of fire equipment; contracting for fire protection; elections to authorize; tax levy to defray expense; application of section. (1) Any district, when authorized by the electors as provided by this subsection, may purchase fire apparatus and equipment and maintain, service and operate the same, and may enter into intergovernmental agreements under ORS chapter 190 for fire protection for its inhabitants, or do either or any combination of the foregoing. Such power shall only be given the board of commissioners by a majority of the votes cast by electors of the district at a special election called for such purpose by the board.

�� (2)(a) When the power is so granted, the board of commissioners may levy a tax not exceeding three-twentieths of one percent (0.0015) of the real market value of all taxable property within the boundaries of the district, computed in accordance with ORS 308.207 for defraying the expense of providing, maintaining, operating and servicing such fire apparatus and equipment, and of intergovernmental agreements for the protection of its inhabitants from fire.

�� (b) Upon approval of the majority of the votes cast by electors of the district at a special election called for that purpose by the board of commissioners, the district may levy a special tax for defraying such expenses not to exceed four-tenths of one percent (0.0040) of the real market value of the taxable property in the district referred to in paragraph (a) of this subsection.

�� (3) This section shall not apply to any district which on July 16, 1949, was wholly or partially within any legally organized rural fire protection district. [Amended by 1955 c.163 �1; 1963 c.9 �8; 1963 c.318 �2; 1969 c.666 �23; 1983 c.542 �1; 1991 c.459 �360; 2003 c.802 �86]

�� 264.342 Adoption of fire prevention code. A district which has provided fire protection under ORS 264.340 may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [1953 c.206 �1; 1969 c.666 �24; 1971 c.268 �23; 1971 c.647 �39]

�� 264.344 Scope of fire prevention code. The fire prevention code referred to in ORS 264.342 may provide reasonable regulations relating to:

�� (1) Prevention of fires.

�� (2) Storage and use of combustibles and explosives.

�� (3) Construction, maintenance and regulation of fire escapes.

�� (4) Means and adequacy of exit in case of fires 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.

�� (5) Requiring the issuance of permits by an officer designated by the board of commissioners before burning trash or waste materials.

�� (6) Providing for the inspection of premises by officers designated by the board of commissioners, and requiring the removal of fire hazards found on premises at such inspections. [1953 c.206 �2]

�� 264.346 Violation of code or failure to remove hazards prohibited. When a fire prevention code has been adopted as provided in ORS 264.342, 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 such premises, or burn waste materials or trash in an unguarded manner without a permit, if a permit is required by the code. [1953 c.206 �3]

�� 264.348 Copies of code to be filed with Department of State Fire Marshal and posted at fire stations. Copies of the fire prevention code referred to in ORS 264.342 shall be filed with the Department of the State Fire Marshal and a copy shall be posted at each fire station within the domestic water supply district. [1953 c.206 �4; 2003 c.802 �87; 2021 c.539 �110]

�� 264.349 Revoking authority to furnish fire protection services; consequences. (1) The authority of a district to furnish fire protection service under ORS 264.340 may be revoked by a majority vote of the electors voting at a special election called for that purpose.

�� (2) Upon revocation of the authority of a district to furnish fire protection service under ORS 264.340:

�� (a) The board of commissioners may determine the disposition to be made of any fire apparatus and equipment owned, maintained, serviced or operated by the district.

�� (b) The fire prevention code adopted pursuant to ORS 264.342 is repealed.

�� (3) Revocation of the authority of a district to furnish fire protection service under ORS

ORS 198.866

198.866 and 198.867, or at an election on merger or consolidation called under ORS 198.903.

�� (2) The following provisions of ORS 478.225 (4) apply to an election on annexation, merger or consolidation when the question of establishing subdistricts is submitted at that election:

�� (a) The requirements applicable to the ballot title.

�� (b) The provision for a map of the proposed subdistrict boundaries. [1983 c.350 �286c]

�� 478.235 [1979 c.364 �5; repealed by 1983 c.350 �331a]

�� 478.240 Special elections; electors. (1) At any regular meeting, the district board may call a special election.

�� (2) In any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of property located within the district may vote, and the authorized officer or representative of any corporation owning land in the district may vote for the corporation landowner. [Amended by 1969 c.667 �15; 1971 c.647 �112; 1973 c.618 �2; 1983 c.83 �96; 1983 c.350 �290]

�� 478.245 [1955 c.617 �1; repealed by 1969 c.325 �4 and 1969 c.667 �70]

�� 478.250 Meetings and officers of board. (1) The district board shall hold meetings at such time and place within the district as it determines. It shall hold at least one regular meeting in each month on a day fixed by the board, and may hold special meetings under such rules as it may make.

�� (2) At the organizational meeting the board shall choose from the members a president, vice president, secretary and a treasurer. The board may choose as secretary and treasurer the same person. Officers shall hold their offices until the first regular meeting in July following or until their successors are elected and qualified. They shall have the powers and perform the duties usual in such cases. In the absence of the president, the vice president or, in the absence of both, any other member of the board may preside at any meeting.

�� (3) The board shall transact all business pertinent to the establishment, equipment and maintenance of the district and its properties. [Amended by 1969 c.344 �7; 1969 c.345 �11; 1969 c.667 ��16,67; 1983 c.192 �1]

�� 478.260 Fire chief; fire department facilities; fire evacuation routes; emergency medical services. (1) The district board shall select a fire chief and assistants and fix their compensation. The fire chief shall be responsible for the equipment and properties of the district. Under the direction of the board, the fire chief shall be responsible for the conduct of the fire department.

�� (2) The board, with advice and counsel of the fire chief, shall select the location of the facilities of the fire department of the district. Such sites shall be chosen with a view to the best service to the residents and properties of the whole district and may be acquired by purchase or exercise of the powers of eminent domain in the manner provided by ORS chapter 35. The board may purchase apparatus and equipment as needed by the district, and provide a water system, ponds or reservoirs for the storage of water for fire-fighting purposes. Or the board may contract with water companies or districts, or both, for water service and facilities at a rate of compensation mutually agreed upon. The board also may divide the district into zones or subdivisions and provide an adequate system or code of fire alarms or signals by telephone, bell, whistle, siren or other means of communication.

�� (3) A district may:

�� (a) Acquire real property or an easement, by purchase or other voluntary agreement, for the purpose of establishing a fire evacuation route.

�� (b) Construct or maintain a fire evacuation route on property:

�� (A) Owned by the district or over which the district has an easement for the purpose of a fire evacuation route; or

�� (B) Owned by a person or governmental entity or over which a person or governmental entity has an easement for the purpose of a fire evacuation route, with authorization from the person or governmental entity.

�� (c) Participate in an agreement related to the construction, maintenance or use of a fire evacuation route.

�� (4) A district may operate or acquire and operate, or contract for the operation of, emergency medical service equipment and vehicles both within and without the boundaries of the district. A district may conduct ambulance operations only in conformance with a county plan adopted under ORS 682.062 for ambulance services and ambulance service areas and with rules of the Oregon Health Authority relating to such services and service areas. Service authorized under a county plan includes authorization for a district to provide ambulance services by intergovernmental agreement with any other unit of local government designated by the plan to provide ambulance services.

�� (5) As used in this section, �ambulance services� has the meaning given that term in ORS

ORS 215.283

215.283 and 215.284, a comprehensive plan may provide for the siting of a destination resort on rural lands without taking an exception to statewide planning goals relating to agricultural lands, forestlands, public facilities and services or urbanization. [1987 c.886 �5]

�� 197.455 Siting of destination resorts; sites from which destination resort excluded. (1) A destination resort may be sited only on lands mapped as eligible for destination resort siting by the affected county. The county may not allow destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of the following areas:

�� (a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort.

�� (b)(A) On a site with 50 or more contiguous acres of unique or prime farmland identified and mapped by the United States Natural Resources Conservation Service, or its predecessor agency.

�� (B) On a site within three miles of a high value crop area unless the resort complies with the requirements of ORS 197.445 (6) in which case the resort may not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or fraction thereof.

�� (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands as determined by the State Forestry Department, which are not subject to an approved goal exception.

�� (d) In the Columbia River Gorge National Scenic Area as defined by the Columbia River Gorge National Scenic Act, P.L. 99-663.

�� (e) In an especially sensitive big game habitat area:

�� (A) As determined by the State Department of Fish and Wildlife in July 1984, and in additional especially sensitive big game habitat areas designated by a county in an acknowledged comprehensive plan; or

�� (B) If the State Fish and Wildlife Commission amends the 1984 determination with respect to an entire county and the county amends its comprehensive plan to reflect the commission�s subsequent determination, as designated in the acknowledged comprehensive plan.

�� (f) On a site in which the lands are predominantly classified as being in Fire Regime Condition Class 3, unless the county approves a wildfire protection plan that demonstrates the site can be developed without being at a high overall risk of fire.

�� (2) In carrying out subsection (1) of this section, a county shall adopt, as part of its comprehensive plan, a map consisting of eligible lands within the county. The map must be based on reasonably available information and may be amended pursuant to ORS 197.610 to 197.625, but not more frequently than once every 30 months. The county shall develop a process for collecting and processing concurrently all map amendments made within a 30-month planning period. A map adopted pursuant to this section shall be the sole basis for determining whether tracts of land are eligible for destination resort siting pursuant to ORS 197.435 to 197.467. [1987 c.886 �6; 1993 c.590 �3; 1997 c.249 �57; 2003 c.812 �3; 2005 c.22 �142; 2005 c.205 �1; 2010 c.32 �1]

�� 197.460 Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. A county shall ensure that a destination resort is compatible with the site and adjacent land uses through the following measures:

�� (1) Important natural features, including habitat of threatened or endangered species, streams, rivers and significant wetlands shall be retained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of important natural features, including placement of structures that maintain the overall values of the feature may be allowed.

�� (2) Improvements and activities shall be located and designed to avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area. At a minimum, measures to accomplish this shall include:

�� (a) Establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fences, berms, landscaped areas and other similar types of buffers.

�� (b) Setbacks of structures and other improvements from adjacent land uses.

�� (3) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit an economic impact analysis of the proposed development that includes analysis of the projected impacts within the county and within cities whose urban growth boundaries are within the distance specified in this subsection.

�� (4) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit a traffic impact analysis of the proposed development that includes measures to avoid or mitigate a proportionate share of adverse effects of transportation on state highways and other transportation facilities affected by the proposed development, including transportation facilities in the county and in cities whose urban growth boundaries are within the distance specified in this subsection. [1987 c.886 �7; 2010 c.32 �2]

�� 197.462 Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction with the resort. Subject to this limitation, the use of the excluded property shall be governed by otherwise applicable law. [1993 c.590 �7]

�� 197.465 Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which:

�� (1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455;

�� (2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS 197.445; and

�� (3) Assure that developed recreational facilities and key facilities intended to serve the entire development and visitor-oriented accommodations are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. [1987 c.886 �8]

�� 197.467 Conservation easement to protect resource site. (1) If a tract to be used as a destination resort contains a resource site designated for protection in an acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource goals in an acknowledged comprehensive plan, that tract of land shall preserve that site by conservation easement sufficient to protect the resource values of the resource site as set forth in ORS 271.715 to

ORS 215.295

215.295]

�� 215.207 [1989 c.653 �2; repealed by 1999 c.314 �94]

�� 215.209 Department of Land Conservation and Development database; rural land maps; contents. The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon�s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated lands, croplands, actual farm use, and plan and zone designations. To create the database, the department shall use the most current soils information from the United States Natural Resources Conservation Service, or its successor agency, and may use any other related information that is readily available. [1999 c.1014 �3]

�� Note: 215.209 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.210 [Amended by 1955 c.652 �6; renumbered 215.305]

�� 215.211 Agricultural land; detailed soils assessment; fee. (1) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is:

�� (a) Certified by and in good standing with the Soil Science Society of America; and

�� (b) Chosen by the person.

�� (2) A soils assessment produced under this section is not a public record, as defined in ORS 192.311, unless the person requesting the assessment utilizes the assessment in a land use proceeding. If the person decides to utilize a soils assessment produced under this section in a land use proceeding, the person shall inform the Department of Land Conservation and Development and consent to the release by the department of certified copies of all assessments produced under this section regarding the land to the local government conducting the land use proceeding. The department:

�� (a) Shall review soils assessments prepared under this section.

�� (b) May not disclose a soils assessment prior to its utilization in a land use proceeding as described in this subsection without written consent of the person paying the fee for the assessment.

�� (c) Shall release to the local government conducting a land use proceeding all soils assessments produced under this section regarding land to which the land use proceeding applies.

�� (3) Before arranging for a soils assessment under this section, the department shall charge and collect from the person requesting the assessment a fee in an amount intended to meet the costs of the department to assess the soils and administer this section.

�� (4) The department shall deposit fees collected under this section in the Soils Assessment Fund established under ORS 215.212.

�� (5) This section authorizes a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualifies as agricultural land. [2010 c.44 �1; 2013 c.1 �22]

�� Note: 215.211 and 215.212 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.212 Soils Assessment Fund; purposes. The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to administer ORS 215.211. [2010 c.44 �2]

�� Note: See note under 215.211.

�� 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use:

�� (a) Churches and cemeteries in conjunction with churches.

�� (b) The propagation or harvesting of a forest product.

�� (c) Utility facilities necessary for public service, not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, but including:

�� (A) Utility facilities as provided in ORS 215.275;

�� (B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and 469.300;

�� (C) Wetland waste treatment systems; or

�� (D) Facilities and service lines needed to provide water or wastewater services allowed under ORS 215.256.

�� (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator�s spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use and the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel.

�� (e) Nonresidential buildings customarily provided in conjunction with farm use.

�� (f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm operation and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowledged under ORS 197.251.

�� (g) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection.

�� (j) Climbing and passing lanes within the right of way existing as of July 1, 1987.

�� (k) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

�� (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

�� (m) Minor betterment of existing public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.

�� (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been classified as historic property as described in ORS 358.487 (4).

�� (o) Creation, restoration or enhancement of wetlands.

�� (p) A winery, as described in ORS 215.452 or 215.453.

�� (q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (r) Farm stands if:

�� (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and

�� (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment.

�� (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, �armed forces reserve center� includes an armory or National Guard support facility.

�� (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator�s cost to maintain the property, buildings and facilities. As used in this paragraph, �model aircraft� means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground.

�� (u) A facility for the processing of farm products as described in ORS 215.255.

�� (v) Fire service facilities providing rural fire protection services.

�� (w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505.

�� (x) Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

�� (A) A public right of way;

�� (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or

�� (C) The property to be served by the utility.

�� (y) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or

ORS 215.794

215.794. The work plan of the county and the approval of the department are not final orders for purposes of review.

�� (3) A county that undertakes the reacknowledgment process authorized by this section shall provide an opportunity for all lands planned for farm use, forest use or mixed farm and forest use and all lands subject to an exception under ORS 197.732 to a goal relating to agricultural lands or forestlands to be included in the review.

�� (4) A county must plan and zone land reviewed under this section:

�� (a) For farm use if the land meets the definition of �agricultural land� in a goal relating to agricultural lands;

�� (b) For forest use if the land meets the definition of �forest land� used for comprehensive plan amendments in the goal relating to forestlands;

�� (c) For mixed farm and forest use if the land meets both definitions;

�� (d) For nonresource use, consistent with ORS 215.794, if the land does not meet either definition; or

�� (e) For a use other than farm use or forest use as provided in a goal relating to land use planning process and policy framework and subject to an exception to the appropriate goals under ORS 197.732 (2).

�� (5) A county may consider the current land use pattern on adjacent and nearby lands in determining whether land meets the appropriate definition. [2009 c.873 �5]

�� Note: 215.788 to 215.794 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.791 Review of nonresource lands for ecological significance; inventory and protection of ecologically significant nonresource lands; criteria. (1) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine whether the lands contain ecologically significant natural areas or resources. The county shall consider appropriate goals and the �Oregon Conservation Strategy� prepared in September of 2006 by the State Department of Fish and Wildlife.

�� (2) The county shall maintain an inventory in the comprehensive plan of nonresource lands that contain ecologically significant natural areas or resources and establish a program to protect the areas or resources from the adverse effects of new uses allowed by the planning or zoning changes. The county may use nonregulatory programs to protect the resources including, but not limited to, programs for the transfer of severable development interests to other lands that do not contain ecologically significant resources.

�� (3) If a county amends its comprehensive plan or a land use regulation mapping zoning designations under ORS 215.788 to 215.794, the county shall review lands that are planned or rezoned as nonresource lands to determine that the uses allowed by the planning or zoning changes are consistent with the carrying capacity of the lands. The county shall ensure that:

�� (a) The amount, type, location and pattern of development on lands redesignated as nonresource lands:

�� (A) Will be rural in character and will not significantly interfere with orderly and efficient development of urban areas in the vicinity;

�� (B) Will not significantly conflict with existing or reasonably foreseeable farm or forest uses or with accepted farm or forest practices; and

�� (C) Will not lead to significant adverse effects including, but not limited to, adverse effects on:

�� (i) Water quality or the availability or cost of water supply;

�� (ii) Energy use;

�� (iii) State or local transportation facilities;

�� (iv) Fish or wildlife habitat or other ecologically significant lands;

�� (v) The risk of wildland fire or the cost of fire suppression;

�� (vi) The cost of public facilities or services; or

�� (vii) The fiscal health of a local government.

�� (b) Additional residential development on nonresource lands is, to the extent practicable, located and clustered to:

�� (A) Minimize the effects on farm and forest uses;

�� (B) Avoid lands subject to natural hazards; and

�� (C) Reduce the costs of public facilities and services. [2009 c.873 �6]

�� Note: See note under 215.788.

�� 215.794 Review of county rezoning designations; rules. (1) A county shall submit decisions on planning and rezoning designations under ORS 215.788 to 215.794 to the Department of Land Conservation and Development for review pursuant to the procedures set forth in this section and ORS 197.659.

�� (2) The department shall coordinate with:

�� (a) The State Department of Agriculture in reviewing decisions on planning and rezoning designations for lands planned for farm use or mixed farm and forest use.

�� (b) The State Forestry Department in reviewing decisions on planning and rezoning designations for lands planned for forest use or mixed farm and forest use.

�� (3) The Land Conservation and Development Commission has exclusive jurisdiction for review of a county�s decision made under ORS 215.788 to 215.794.

�� (4) A person who participated in the proceedings leading to the county�s decisions under ORS

ORS 222.210

222.210 to 222.310 and the laws of this state.

�� (4) A city incorporated under ORS 222.210 to 222.310 may not exercise the power granted by ORS 222.750 as to land surrounded by the corporate limits or boundaries of the city at the time of incorporation. [Amended by 1971 c.761 �8; 1983 c.350 �44]

�� 222.290 Officers assume duties under charter. At whatever time the charter of the consolidated city specifies the officers elected at the election referred to in ORS 222.280 shall be entitled to enter upon the duties of their respective offices, upon qualifying therefor in accordance with the charter, and shall hold their respective offices for whatever terms are prescribed by the charter. [Amended by 1971 c.761 �9]

�� 222.295 Effect of consolidation; records, assets and uncollected taxes of consolidating cities transferred to consolidated city. Upon the effective date of the consolidation, the consolidated city shall succeed to all the assets and become charged with all the liabilities and obligations of all cities included in the consolidated city, except as the charter of the consolidated city provides to the contrary. The officers of the consolidating cities shall forthwith deliver to the officers of the consolidated city the assets and records of the consolidating cities. Uncollected taxes theretofore levied by the consolidating cities shall become the property of the consolidated city and shall be delivered to it by the county treasurer upon collection. [1971 c.761 �12]

�� 222.300 Ordinances of previously incorporated cities continued in effect; initiation of civil and criminal actions. (1) The ordinances in force in the previously incorporated cities at the time of the creation of the newly formed incorporated city by virtue of ORS 222.210, so far as the ordinances are not inconsistent with the charter adopted for the newly formed municipal corporation, shall continue in effect within the limits of the newly formed municipal corporation and shall be deemed its ordinances subject to the provisions of said charter and subject to modification, amendment or repeal by the council or other governing body of the newly created municipal corporation.

�� (2) From the date the newly formed municipal corporation comes into existence, all complaints and prosecutions for crimes committed or ordinances violated and all suits or causes of action arising within the territory of the municipal corporation prior to its creation may be instituted in said incorporated city with the same effect as if it had been in existence prior to the violations, subject however, to the provisions of the charter of the newly formed municipal corporation.

�� 222.310 Construction of ORS 222.210 to 222.310; substantial compliance sufficient. ORS 222.210 to 222.310 shall be construed liberally, and substantial compliance with the provisions of those sections shall be sufficient. [Amended by 1983 c.350 �45]

�� 222.410 [Repealed by 1969 c.494 �29]

�� 222.420 [Repealed by 1969 c.494 �29]

�� 222.430 [Amended by 1967 c.283 �3; repealed by 1969 c.494 �29]

�� 222.440 [Repealed by 1969 c.494 �29]

�� 222.450 [Repealed by 1969 c.494 �29]

WITHDRAWAL OF TERRITORY

�� 222.460 Procedures for withdrawal of territory; contents of resolution; hearing; election; taxes and assessments. (1) Except as expressly prohibited by the city charter, when the legislative body of a city determines that the public interest will be furthered by a withdrawal or detachment of territory from the city, the legislative body of the city, on its own motion, may order the withdrawal of territory as provided in this section.

�� (2) A withdrawal of territory from the city shall be initiated by a resolution of the legislative body of the city.

�� (3) The resolution shall:

�� (a) Name the city and declare that it is the intent of the legislative body of the city to change the boundaries of the city by means of a withdrawal of territory;

�� (b) Describe the boundaries of the affected territory; and

�� (c) Have attached a county assessor�s cadastral map showing the location of the affected territory.

�� (4) Not later than 30 days after adoption of the resolution, the legislative body of the city shall hold a public hearing at which the residents of the city may appear and be heard on the question of the withdrawal of territory. The legislative body of the city shall cause notice of the hearing to be given in the manner required under ORS 222.120 (3).

�� (5) After receiving testimony at the public hearing, the legislative body of the city may alter the boundaries described in the resolution to either include or exclude territory. If the legislative body of the city still favors the withdrawal of territory pursuant to the resolution, as approved or modified, it shall enter an order so declaring. The order shall set forth the boundaries of the area to be withdrawn. The order shall also fix a place, and a time not less than 20 nor more than 50 days after the date of the order, for a final hearing on the resolution. The order shall declare that if written requests for an election are not filed as provided by subsection (6) of this section, the legislative body of the city, at the time of the final hearing, will adopt a resolution or ordinance detaching the territory from the city.

�� (6) An election shall not be held on the question of withdrawal of the affected territory from the city unless written requests for an election are filed at or before the hearing by not less than 15 percent of the electors or 100 electors, whichever is the lesser number, registered in the territory proposed to be withdrawn from the city.

�� (7) At the time and place set for the final hearing upon the resolution for withdrawal, if the required number of written requests for an election on the proposed withdrawal have not been filed, the legislative body of the city shall, by resolution or ordinance, declare that the territory is detached from the city.

�� (8) If the required number of requests for an election are filed on or before the final hearing, the legislative body of the city shall call an election in the city upon the question of the withdrawal of the affected territory.

�� (9) If an election is called and a majority of the votes cast at the election is in favor of the withdrawal of the designated area from the city, the legislative body of the city shall, by resolution or ordinance, declare that the territory is detached from the city. If the majority of the votes cast is against the withdrawal, the legislative body of the city shall enter an order declaring the results of the election and that no withdrawal shall occur.

�� (10) The described area withdrawn shall, from the date of entry of the order, be free from assessments and taxes levied thereafter by the city. However, the withdrawn area shall remain subject to any bonded or other indebtedness existing at the time of the order. The proportionate share shall be based on the assessed valuation, according to the assessment roll in the year of the levy, of all the property contained in the city immediately prior to the withdrawal. [1985 c.702 �2; 1989 c.1063 �13]

�� Note: 222.460 and 222.465 were added to and made a part of ORS chapter 222 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 222.465 Effective date of withdrawal from domestic water supply district, water control district or sanitary district. Notwithstanding any provision of this chapter or ORS chapter 199 which provides a different effective date, when territory is withdrawn by a city from a domestic water supply district organized under ORS chapter 264, a water control district organized under ORS chapter 553 or a sanitary district organized under ORS chapter 450, if the ordinance, annexation or incorporation that results in the withdrawal is enacted or approved after March 31 in any year, the effective date of the withdrawal of territory shall be July 1 in the following year. However, if the ordinance, annexation or incorporation that results in the withdrawal is enacted or approved before April 1 in any year, the effective date of the withdrawal of territory shall be July 1 in the same year. When less than the entire area of a domestic water supply district organized under ORS chapter 264, a water control district organized under ORS chapter 553 or a sanitary district organized under ORS chapter 450 is annexed by or incorporated into a city, the district shall, for purposes of administration, operation and the collection of service charges, continue to operate that portion of the district separately until the effective date of the withdrawal of territory as determined under this section. This section does not limit any agreement between a city and a district under ORS 222.530 (5), 222.540 (4) or 222.560 (4). [1985 c.702 �4a]

�� Note: See note under 222.460.

ANNEXATION OF PUBLIC SERVICE DISTRICTS

�� 222.510 Annexation of entire district; transfer of assets, liabilities and functions to city; exceptions. (1) Whenever the entire area of a rural fire protection district, a water district, including a domestic water supply corporation, a park and recreation district, a highway lighting district, a county service district, a special road district, a road assessment district or a sanitary district or authority, lawfully organized and existing, becomes incorporated in or annexed to a city in accordance with law, the district is extinguished and the city shall, upon the effective date of the incorporation or annexation, succeed to all the assets and become charged with all the liabilities, obligations and functions of the district. The district officers shall forthwith deliver to the city officers the district assets and records. Uncollected taxes theretofore levied by the district become the property of the city and must be delivered to it by the county treasurer upon collection.

�� (2) Notwithstanding subsection (1) of this section, a rural fire protection district, a water district, including a domestic water supply corporation, a park and recreation district, a highway lighting district, a county service district, a special road district, a road assessment district or a sanitary district or authority, lawfully organized and existing, the entire area of which becomes incorporated in a city, may continue to provide services if the continuation is proposed by petitioners in a petition for incorporation that is subsequently approved by voters in an incorporation election. At any time after incorporation, a city may cause a district to be extinguished and succeed to all the assets and become charged with all the liabilities, obligations and functions of the district if:

�� (a) The governing body of the city holds a public hearing on the question of the extinguishment, hears objections to the extinguishment at the hearing, determines that the extinguishment is in the best interest of the city and adopts an ordinance extinguishing the district;

�� (b) After the hearing, the governing body of the city refers the ordinance extinguishing the district to the electors of the city; and

�� (c) The majority of all votes cast favors that the district be extinguished.

�� (3) For the public hearing required in subsection (2)(a) of this section, the governing body shall fix a date, time and place for the hearing and cause notice of the date, time, place and purpose of the hearing to be published once each week for two successive weeks prior to the date of the hearing in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. [Amended by 1955 c.471 �1; 1963 c.347 �1; 1965 c.509 �1; 1967 c.365 �1; 1967 c.624 �16; 1969 c.78 �1; 1971 c.13 �5; 2007 c.420 �1; 2010 c.41 �1]

�� 222.520 Annexation of less than entire district; assumption of obligations by city conditional. (1) Whenever a part less than the entire area of a district named in ORS 222.510 becomes incorporated as or annexed to a city in accordance with law and the city, after the incorporation or annexation, will provide for the service to the part of the district that the district provided before the incorporation or annexation, the city may cause the part to be withdrawn from the district in the manner set forth in ORS 222.120 or at any time after the incorporation or annexation in the manner set forth in ORS 222.524. Until withdrawn, the part of the district incorporated as or annexed to the city shall continue to be a part of the district.

�� (2) The part withdrawn pursuant to subsection (1) of this section is not relieved from liabilities and indebtedness previously contracted by the district. For the purposes of paying the liabilities and indebtedness of the district, property in the part withdrawn shall continue to be subject to assessment and taxation uniformly with property in the area remaining in the district. The city of which it became a part shall, however, assume such obligations if the obligations assumed do not bring the total of the city�s obligations above any applicable limitations prescribed by statute. When the city assumes the obligations it shall be liable to the district for one of the following, at the option of the city:

�� (a) The amount of taxes that otherwise would be extended each year for the obligations against the property in the part withdrawn; or

�� (b) Payment annually, as the bonds of the district that were outstanding on the effective date of the withdrawal mature, of the same proportion of the outstanding bonds, and the interest on the bonds, as the assessed valuation of the part withdrawn bears to the assessed valuation of the entire district on the effective date of the withdrawal. After the city agrees to make payments under this paragraph, neither the city nor the part withdrawn shall be charged by the district with any future liabilities, obligations or functions of the district. [Amended by 1955 c.471 �2; 1957 c.401 �1; 1963 c.347 �2; 1965 c.509 �2; 1967 c.624 �17; 1985 c.702 �13; 2013 c.277 �1]

�� 222.524 Procedure for withdrawal of part of district from district. (1) If as authorized by ORS

ORS 225.220

225.220 shall annually before January 1, make a written estimate of the probable expense of maintaining and conducting the electric light plant or distributing system during the next ensuing year, including the cost of any contemplated alterations, improvements, additions or extensions, together with the probable amount necessary for redemption of any unpaid warrants and the interest thereon, as well as the amount required for payment of interest and maturing principal on any outstanding bonds of the city issued for or in connection with any such electric light plant or distributing system.

�� (2) The officer shall thereupon ascertain and prescribe as near as can conveniently be done an electric current rate or rates for the ensuing year which will create a fund sufficient to meet all requirements in subsection (1) of this section.

�� (3) The officer may also include a further amount sufficient to create such fund, as in the judgment of the officer may be desirable or necessary to meet requirements of future contemplated additions, improvements or extensions to the plant or system.

�� 225.240 Sole authority to set rates. The officer referred to in ORS 225.220 shall be the sole judge of what rates or charges shall be exacted for the electric current furnished for use of street lighting and other public purposes for the city.

�� 225.250 Application of earnings. The earnings of the electric plant or distributing system shall be applied and used in payment of warrants and interest thereon issued in connection with operation of any such plant or system, and also in payment for alterations, improvements, additions or extensions and for redemption and retirement of outstanding bonds, together with interest thereon, and shall be expended only in connection with and for improving such plant or system and not for other municipal purposes, except as otherwise provided in ORS 225.270.

�� 225.260 Use of proceeds of bond issues. The proceeds of bond issues issued after June 6, 1931, by authority of charter provisions of the city for the purpose of creating, acquiring, building, improving, enlarging, altering or repairing the plant or system referred to by ORS 225.210 shall be used exclusively for the purposes for which such bonds were authorized and issued.

�� 225.270 Use of surplus revenue. When any city which owns or operates a municipal electric power plant or system or distributing system, has paid principal and interest to date on all indebtedness incurred in connection therewith, and has created and accumulated an adequate depreciation and replacement reserve in the judgment of the officer having control of such plant or system, the city shall, for the purpose of reducing general property taxes within such city, pay to itself not less than three percent of the annual gross operating revenue of such plant or system, or a volumetric charge based upon the amounts of electricity delivered, transmitted or distributed to retail electricity consumers regardless of the source. The volumetric charge shall not be less than the equivalent of three percent of the gross operating revenues of the municipality utility in 1999. The city shall adjust a volumetric charge to end users such that charges established for different customer classes bear the same approximate relationship as the gross revenues per kilowatt hour paid by the classes in 1999. [Amended by 1999 c.865 �32]

�� 225.280 Warrants on future income; limitations; retirement. (1) When authorized by the city charter, the officer referred to in ORS 225.220 as having charge of the electric plant or distributing system may execute its warrants upon the city treasurer, drawn against the funds created by and for the benefit of such plant or system in excess of the current cash on hand but not in an amount exceeding one-half of the estimated annual income for the next ensuing year, from such plant or system. The estimate of annual income shall be made by the officer referred to in ORS 225.220.

�� (2) Warrants so drawn in excess of the cash on hand in any such fund shall be stamped �Not Paid for Want of Funds� by the city treasurer, shall bear the legal interest from the date of such indorsement until the date of payment and shall be paid from the current receipts of the plant or system. The warrant indebtedness shall not be considered or construed to be within the charter limitations respecting any municipal debt.

�� (3) Warrants issued pursuant to this section shall be retired in the order of their presentation for indorsement �Not Paid for Want of Funds� as funds are available.

�� 225.290 Right to acquire use of unappropriated state waters. Any city which is authorized by its charter or by law to construct, acquire, maintain or operate an electric generating plant or distributing system may acquire in its own name the right to use the unappropriated waters of this state in accordance with laws of this state. [Amended by 1955 c.707 �32]

�� 225.300 Filing for use of unappropriated state waters; limitations; determination of reasonable requirements. Any filing made by any city upon the unappropriated waters of this state for use in the future development of a hydroelectric plant by such city shall be reserved to such city and shall not be subject to appropriation by any other person, municipality or corporation unless it is judicially determined that the filing exceeds the reasonable present and future requirements of such city. In that event the surplus or excess may, by judgment of a court of competent jurisdiction, be released and discharged from the filing. Proceedings in court for the determination of whether or not the filing by any city exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to use the waters involved. [Amended by 1955 c.707 �33; 2003 c.576 �400]

IRRIGATION AND FIRE PROTECTION SYSTEM

�� 225.310 Definitions for ORS 225.310 to 225.400. As used in ORS 225.310 to 225.400, unless the context requires otherwise, �facilities� means a water supply for irrigation and for fire protection of property within the city together with a distribution system therefor, reservoirs, pumps, mains, stations, with all appurtenances necessary, useful or convenient for the treatment, storage and distribution of water supply.

�� 225.320 Ownership and operation of irrigation and fire protection facilities by city within or without city limits. Any city may own, acquire, construct, equip, operate and maintain within or without its statutory or corporate limits, in whole or in part, facilities for irrigation and fire protection.

�� 225.330 Acquisition of property for facilities. (1) For the purposes of ORS 225.320, the city may acquire by gift, grant, purchase or condemnation necessary lands and rights of way within or without its statutory or corporate limits.

�� (2) For the purpose of acquiring property under subsection (1) of this section, the city may invoke and shall have the rights, powers and privileges granted public corporations by laws pertaining to this subject.

�� 225.340 Establishing rates. The city governing body may establish just and equitable rates or charges to be paid for the use of the irrigation and fire protection facilities by each person, firm or corporation whose premises are served thereby, or upon subsequent service thereto.

�� 225.350 Recovery of service charges. If the service charges established under ORS 225.340 are not paid when due, the amounts thereof, together with such penalties, interests and costs as may be provided by the city governing body, may be recovered in an action at law. [Amended by 1991 c.459 �354]

�� 225.360 Approval, issuance, payment of bonds. For the purposes of ORS 225.320, the city governing body may, after referring the question of acquiring and constructing the facilities to a vote of the electors of the city and after approval thereof by a majority of the electors, authorize the issuance of and cause to be issued bonds of the city for such purposes, either general obligation, limited obligation or self-liquidating in character, in a sum not more than the amount authorized at such election and subject to the provisions of ORS 225.370 and 225.380. Bonds so authorized and issued may provide for payment of both principal and interest thereon from service charges to be imposed by the city governing body for services to be extended and through employment and use of the irrigation and fire protection facilities. If service charges are imposed to be so paid, such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bonds and the principal thereof at maturity.

�� 225.370 Terms of bonds. The city governing body may determine the maturities and tenor of bonds issued under ORS

ORS 238.035

238.035 as a class of employees that become members of the system, without affecting the person�s status as a retired member or the person�s continued receipt of retirement benefits.

�� (5) Subsection (4) of this section does not apply to any member who retires under the provisions of ORS 238.280 (1), (2) or (3). [Formerly 237.125; 2001 c.945 �10; 2003 c.625 �33a; 2005 c.808 �39; 2007 c.404 �3; 2009 c.390 �6]

�� 238.080 [Repealed by 1981 c.126 �6]

�� 238.082 Limits on hours worked by retired members. (1) Subject to the limitations in this section, any public employer may employ any member who is retired for service if the administrative head of the public employer is satisfied that such employment is in the public interest.

�� (2) Except as provided in this section, the period or periods of employment by one or more public employers of a retired member who is reemployed under this section may not total 1,040 hours or more in any calendar year.

�� (3) A retired member who is receiving old-age, survivors or disability insurance benefits under the federal Social Security Act may be employed under this section for the number of hours permitted by subsection (2) of this section, or for the number of hours for which the salary equals the maximum allowed for receipt of the full amount of those benefits to which the person is entitled, whichever is greater.

�� (4) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed as a teacher or as an administrator, as those terms are defined in ORS 342.120, if the retired member is employed by a school district or community college district located within a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census, or is employed by an education service district and the retired member�s primary work duties are performed in a county with a population of not more than 35,000 inhabitants according to the latest federal decennial census. A retired member who is employed under this subsection as a teacher, as defined in ORS 342.120, by the same public employer that employed the member at the time of retirement remains in the same collective bargaining unit that included the member before retirement.

�� (5) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed:

�� (a) By the sheriff of a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

�� (b) By the municipal police department of a city with a population of fewer than 15,000 inhabitants, according to the latest federal decennial census;

�� (c) By the state or a county for work in a correctional institution located in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

�� (d) By the Black Butte Ranch Rural Fire Protection District, the Black Butte Ranch Service District or the Sunriver Service District;

�� (e) By the Oregon State Police for work in a county with a population of fewer than 75,000 inhabitants, according to the latest federal decennial census;

�� (f) As a deputy director or assistant director of the Department of Human Services, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

�� (g) As a deputy director or assistant director of the Oregon Health Authority, if the Governor approves the exemption for the person from the limitations on employment imposed in subsections (2) and (3) of this section;

�� (h) As a special campus security officer commissioned by the governing board of a public university listed in ORS 352.002 under ORS 352.118;

�� (i) As a security officer for a community college, as defined in ORS 341.005;

�� (j) By the Harney County Health District as a person licensed, registered or certified to provide health services; or

�� (k) By the Department of the State Fire Marshal for fire prevention, fire preparedness, fire risk mitigation, firefighting, emergency response or other response support functions.

�� (6) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed to temporarily replace an employee who serves in the National Guard or in a reserve component of the Armed Forces of the United States and who is called to federal active duty.

�� (7) Except as provided in subsection (9) of this section, the limitations on employment imposed by subsections (2) and (3) of this section do not apply to a retired member who is employed by a road assessment district organized under ORS

ORS 264.340

264.340 shall not abrogate any contract to which the district is a party and which relates to the fire protection service performed under ORS 264.340, and the district shall be obligated and authorized to complete and enforce performance of all such contracts. [1961 c.669 �2; 1969 c.666 �25]

�� 264.350 Street lighting system; contracts for electricity; tax levy and service charges to maintain and purchase electric energy. (1) Any district, when authorized by the electors, may install, maintain and operate a system, or systems, of street, road and highway lights. Lights shall be maintained upon streets, roads, intersections or other places as, in the judgment of the board of commissioners, will furnish the best lighting service to the residents within the district.

�� (2) The district through its board of commissioners may contract with any supplier of electricity, private or public, to furnish the electric energy for such systems.

�� (3) The district, when authorized by the electors, may at any time thereafter levy a tax, not to exceed three-twentieths of one percent (0.0015) of real market value in any one year for the installation of the system and any extension thereof, and not to exceed one-twentieth of one percent (0.0005) of real market value in any one year for maintenance and purchase of electric energy. The tax limits provided by this subsection shall be computed as a percentage of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207.

�� (4) A district may require any person to pay the cost of installing the highway lighting system adjacent to the property of the person. The district shall have the further right to include the cost of installing the system as a part of an agreement with any person for extending a water main.

�� (5) If authorized by the electors, the cost of maintenance and purchase of energy may be charged to the water consumers on the basis of one share for each water connection, payable monthly with the bills for water charges. The district may, when authorized by the electors, change from either system of collection to the other. The funds received from the respective levies and charges to water users shall be used only for the purposes collected and no other funds of the district shall be so used.

�� (6) Elector approval required by this section means the approval of a majority voting at a special election called by the board for the purpose of submitting the matter to the electors. [Amended by 1955 c.163 �2; 1963 c.9 �9; 1969 c.666 �26; 1991 c.459 �361]

�� 264.352 Drainage work. Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of water, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1959 c.381 �2; 1969 c.666 �27]

�� 264.360 Cooperative agreements; bonding power. (1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of water.

�� (2) Each district may issue and sell general obligation, revenue or refunding bonds, subject to the limitations and procedures contained or referred to in this chapter for the authorization, issuance or sale of such bonds, for the purpose of paying its share of the cost of the acquisition or construction of facilities provided for in cooperative agreements authorized by this section. [1963 c.146 �1; 1969 c.666 �28]

�� Note: 264.360 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 264 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

IMPROVEMENTS AND ASSESSMENTS

�� 264.362 Initiation of proceedings; survey and report of project. Whenever the district board considers it necessary, upon its own motion, or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any improvement to be paid for in whole or in part by special assessment according to benefits, the board shall, by motion, cause a survey and written report for such project to be made and filed with the secretary. Unless the district board directs otherwise, the report shall contain:

�� (1) A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof.

�� (2) Plans, specifications and estimates of the work to be done; however, where the proposed project is to be carried out in cooperation with any other governmental agency, the district board may adopt the plans, specifications and estimates of such agency.

�� (3) An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto.

�� (4) An estimate of the unit cost of the improvement to the specially benefited properties.

�� (5) A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited.

�� (6) The description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof.

�� (7) A statement of outstanding assessments against property to be assessed. [1969 c.686 �2]

�� 264.364 Board action on report. After the report has been filed with the secretary, the district board may by motion approve the report, modify the report and approve it as modified, require additional or different information for the improvement, or it may abandon the improvement. [1969 c.686 �3]

�� 264.366 Declaration of intention; notice of improvement and hearing. After the district board approves the report as submitted or modified, the board shall, by resolution, declare its intention to make the improvement, provide the manner and method of carrying out the improvement and direct the secretary to give notice of the improvement. Such notice shall be given by two publications one week apart in a newspaper of general circulation within the district, and by mailing copies of the notice by registered or certified mail to the owners to be assessed for the costs of the improvement. The notice shall contain the following:

�� (1) That the report of the improvement is on file in the office of the secretary and is subject to public examination.

�� (2) That the district board will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the first publication of notice, at which objections and remonstrances to the improvement will be heard by the board; and that if prior to such hearing there shall be presented to the secretary valid, written remonstrances of the owners of two-thirds of the property or two-thirds of the front footage of the property to be specifically affected for the improvement, then the improvement will be abandoned for at least six months, unless the improvement is unanimously declared by the district board to be needed at once because of an emergency.

�� (3) A description of the property to be specially benefited by the improvement, the owners of the property and the estimate of the unit cost of the improvement to be paid for by special assessments to benefited properties. [1969 c.686 �4]

�� 264.368 Manner of doing work. The district board may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other governmental agency, or by any combination thereof. [1969 c.686 �5]

�� 264.370 Hearing; assessment ordinance. (1) At the time of the public hearing on the proposed improvement, if the written remonstrances represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the district board may, by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with the resolution, or the district board may, on its own motion, abandon the improvement.

�� (2) After the public hearing on the proposed improvement and after the district board has moved to proceed with the improvement, it may pass an ordinance assessing the various lots, parcels of land or parts thereof, to be specially benefited with their apportioned share of the cost of the improvement; but the passage of an assessment ordinance may be delayed until the contract for the work is let, or until the improvement is completed and the total cost thereof is determined. [1969 c.686 ��6,7]

�� 264.372 Methods of assessment; alternative financing. The district board in adopting a method of assessment of the costs of the improvement may:

�� (1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.

�� (2) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited.

�� (3) Authorize payment by the district of all, or any part, of the cost of any such improvement, when in the opinion of the board the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the improvement. [1969 c.686 �8]

�� 264.374 Appeal from assessment. Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 to 223.105 and 223.205 to 223.930. The result of the appeal shall be a final and conclusive determination of the matter of the assessment, except with respect to the district right of reassessment provided by ORS 264.390. [1969 c.686 �9]

�� 264.376 Notice of assessment. Within 10 days after the ordinance levying assessments is adopted, the secretary of the district shall send by registered or certified mail a notice of assessment to the owner of the assessed property, and shall publish notice of the assessment twice in a newspaper of general circulation in the district, the first publication of which shall be made not later than 10 days after the date of the assessment ordinance. The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, or upon the failure of the owner to pay the assessment in full within 30 days after the date of the assessment ordinance, then interest will commence to run on the assessment and the property assessed will be subject to foreclosure. The notice shall also set forth a description of the property assessed, the name of the owner of the property and the amount of each assessment. [1969 c.686 �10]

�� 264.378 Assessment lien records; foreclosure proceedings. After passage of the assessment ordinance by the district board, the secretary shall enter in the docket of district liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of a district shall be superior and prior to all other liens or encumbrances on property in so far as the laws of the state permit. Interest shall be charged at such rate as the governing body of the district may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 264.250, including, but not limited to, legal, printing and consultant�s fees, such amount to be determined by the governing body, until paid on all amounts not paid within 30 days from the date of an assessment ordinance. After expiration of 30 days following the date of an assessment ordinance the district may proceed to foreclose or enforce collection of the assessment liens in the amount provided by the general law of the state. However, the district may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem the property. [1969 c.686 �11; 1981 c.322 �7]

�� 264.380 Errors in assessment calculations. Claimed errors in the calculation of assessments shall be called to the attention of the secretary of the district, who shall determine whether there has been an error in fact. If the secretary finds that there has been an error in fact, the secretary shall recommend to the district board an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the secretary shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. [1969 c.686 �12]

�� 264.382 Deficit assessment. In the event that an assessment is made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the district board may, by motion, declare such deficit and prepare a proposed deficit assessment. The board shall set a time for a hearing of objections to such deficit assessment and shall direct the secretary to publish one notice thereof in a newspaper of general circulation in the district. After the hearing the board shall make a just and equitable deficit assessment by ordinance, which shall be entered in the lien docket as provided by ORS 264.362 to 264.394. Notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with ORS 264.376 and 264.378. [1969 c.686 �13]

�� 264.384 Excess assessment; rebate. Upon the completion of the improvement project, if it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of the improvements, the district board shall ascertain and declare the amount of the excess by ordinance. When declared, the excess amounts shall be entered on the lien docket as a credit upon the appropriate assessment. If any assessment has been paid, the person who paid it, or the legal representative of the person, shall be entitled to the repayment of the rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [1969 c.686 �14]

�� 264.386 Abandonment of proceedings. The district board may abandon proceedings for an improvement at any time prior to the final completion of the improvement. If liens have been assessed upon any property under ORS 264.362 to 264.394, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, the assigns or legal representatives of the person. [1969 c.686 �15]

�� 264.388 Guides in testing validity of proceedings; proceedings to correct. No improvement assessment shall be rendered invalid by reason of a failure of the improvement report to contain all of the information required by ORS 264.362, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by ORS 264.362 to 264.394, or by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdiction or otherwise, in any of the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The district board may remedy and correct all such matters by suitable action and proceedings. [1969 c.686 �16]

�� 264.390 Reassessment. Whenever any assessment, deficit assessment or reassessment for any improvement which has been made by the district is set aside, or its enforcement restrained by any court having jurisdiction thereof, or when the district board is in doubt as to the validity of an assessment, deficit assessment or reassessment, or any part thereof, the district board may make a reassessment in the manner provided by ORS 223.405 to 223.485. [1969 c.686 �17]

�� 264.392 [1969 c.686 �18; repealed by 1995 c.333 �37]

�� 264.394 Enforcement of assessment lien. (1) In case the whole or any portion of the cost of an improvement is assessed against the property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when they become due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by municipalities and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law.

�� (2) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to districts where applicable. [1969 c.686 �19]

BOARD OF COMMISSIONERS

�� 264.410 Board; qualification; terms. (1) Except as otherwise provided by this chapter, the power and authority given to districts is vested in and shall be exercised by a board of five commissioners, each of whom shall be an elector of the district. However, if there are fewer than 100 electors of the district, then any individual who owns and maintains real property within the district, pays taxes levied thereon by the district and is an elector registered anywhere in this state may serve as a commissioner. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years.

�� (2) Within 10 days after the formation of a district and the election of the members of the first board, the commissioners shall meet and organize, first taking and subscribing an oath of office. The commissioners first elected shall determine by lot the length of term each shall hold office. The terms of two commissioners shall expire June 30 next following the first regular district election and the terms of three commissioners shall expire June 30 next following the second regular district election.

�� (3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.213 �3; 1967 c.436 �2; 1969 c.666 �29; subsection (3) renumbered

ORS 275.294

275.294. As used in this paragraph, �improved, additional or extraordinary services� includes, but is not limited to, fire protection and road construction and maintenance.

�� (d) May be used to reimburse the county for its actual costs and expenses incurred under this subsection and under ORS 275.294 for:

�� (A) The maintenance and supervision of a lease or conveyance granting rights to explore, prospect for, mine or remove valuable minerals, oil or gas from the lands;

�� (B) The maintenance and supervision of a lease or conveyance granting rights to conduct underground storage, as defined in ORS 520.005; and

�� (C) Litigation resulting from a lease or conveyance described in subparagraph (A) or (B) of this paragraph.

�� (3)(a) After a portion of the proceeds arising under ORS 275.090 to 275.290 and 275.296 to

ORS 276.435

276.435)]

�� 276.164 [1967 c.450 ��2,3; 1969 c.706 �54; repealed by 1977 c.598 �35]

�� 276.166 [1967 c.565 �6; repealed by 1977 c.598 �35]

�� 276.175 [1969 c.706 �24; repealed by 1977 c.598 �35]

TRANSFER OF VACANT FACILITIES TO

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES

�� 276.180 Transfer of certain buildings, grounds and facilities when vacated; operation; maintenance. When vacated and no longer required for institution uses, all or any portion of the buildings, grounds and facilities presently operated and controlled by the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the State Board of Education, are transferred to the Oregon Department of Administrative Services when so ordered by the Oregon Department of Administrative Services. Title shall vest automatically in the Oregon Department of Administrative Services in the name of the State of Oregon and the department shall operate and maintain all facilities described in this section. [1973 c.772 �6; 1974 c.71 �1; 1975 c.104 �4; 1987 c.320 �152; 1993 c.500 �20; 2001 c.900 �50; 2009 c.595 �194]

�� 276.185 [1969 c.199 �10; 1981 c.106 �12; repealed by 1997 c.249 �83]

�� 276.190 [1959 c.595 �4; repealed by 1977 c.598 �35]

SERVICES AND FACILITIES FOR STATE BUILDINGS

(Heat, Light, Power, Sewage, Fire Protection and Communications)

�� 276.210 Definition for ORS 276.210 to 276.228. When used in ORS 276.210 to 276.228, unless the context requires otherwise, �public buildings and grounds� means the works, buildings and grounds owned by, and situated in, this state and governed, managed or administered by the Oregon Department of Administrative Services and the other state buildings owned by the state and used by any of the departments of the state. [Amended by 1969 c.199 �31]

�� 276.212 Heat, light, communication and power systems; preference for use of biofuels. (1) The Oregon Department of Administrative Services may, as the department deems necessary, suitable or expedient, acquire, design, erect, complete, maintain and operate:

�� (a) Steam heating systems, power systems, machines, engines and equipment, with necessary transmission poles and lines, pipes or conduits for the purpose of generating and furnishing steam heat, electric energy, current, light, heat and power for the public buildings and grounds.

�� (b) Systems for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested.

�� (2) To the maximum extent that is economically feasible, the department shall in lieu of diesel use biofuel, or direct-application electricity generated from biofuel, in all facilities or machinery the department acquires, designs, erects, completes, maintains or operates as stationary or backup generation for the systems described in subsection (1) of this section.

�� (3) The department may do all things necessary for:

�� (a) The delivery of steam heat, electrical current, energy, light, heat and power to the public buildings and grounds.

�� (b) The transmitting and receiving of messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 �32; 2023 c.553 �1]

�� 276.214 Acquiring land, buildings and structures; eminent domain procedure. (1) The Oregon Department of Administrative Services may acquire by purchase, condemnation or otherwise:

�� (a) The land, buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS 276.212.

�� (b) The easements or rights of way, within or outside of any city or town, necessary for the construction, operation, maintenance or repair of underground conduits, pipes, transmission poles and wires.

�� (2) The Oregon Department of Administrative Services shall have the power of eminent domain for the purpose of acquiring any property necessary for carrying out the provisions of ORS 276.212. The action or proceeding shall be brought in the name of the State of Oregon in the circuit court of the proper county in this state. The procedure shall be that provided by law for the condemnation of real property or other property for the use of the public by the state or a subdivision of the state. The Oregon Department of Administrative Services may take immediate possession of the property, or the use of the property, required by the state for the purposes of ORS 276.212 by depositing with the clerk of the court the sum of money that the court, on five days� notice to the adverse party, deems adequate to secure the owner of the property sought to be taken.

�� 276.216 Erecting and constructing buildings and structures. The Oregon Department of Administrative Services may erect and construct the buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS

ORS 283.110

283.110 to 283.395, enter into contracts for the purchase of supplies for their respective institutions.

�� (d) Make and adopt rules for the guidance of the agencies and for the government of their respective institutions.

�� (2) The agencies, respectively, may:

�� (a) Sue and plead in all courts of law and equity.

�� (b) Subject to ORS 279A.050 (7), procure, contract for or enter into agreements for goods and services of all kinds, including personal services contracts designated under ORS 279A.055, and perform all legal acts requisite and necessary for the successful management and maintenance of the institutions within their respective jurisdictions. [Amended by 1967 c.419 �57; 1969 c.597 �18; 1969 c.706 �63; 1987 c.320 �107; 2001 c.900 �27; 2003 c.794 �200; 2009 c.397 �1; 2009 c.595 �119]

�� 179.045 Reports on convictions; forms; confidentiality. (1) The clerk of a circuit or county court shall cause a report to be made to the Department of Corrections on each offender convicted of a felony or misdemeanor in the court and on each juvenile found to be within the jurisdiction of the court by reason of a ground set forth in ORS 419B.100 (1)(a) or 419C.005 (1).

�� (2) The Department of Corrections shall prescribe forms for the reports required under subsection (1) of this section. Information required may include the name, age, sex, crime or action and disposition of the offender or juvenile and such other information as the department by rule may require. Such reports are confidential and may not be used in evidence. [1967 c.635 �1; 1969 c.597 �14; 1987 c.320 �108; 1993 c.33 �317]

�� 179.050 Authority to hold property. The Department of Corrections, the Department of Human Services and the Oregon Health Authority may receive, take and hold property, both real and personal, for any institution within their respective jurisdictions. Title shall be taken in the name of the state. [Amended by 1969 c.597 �21; 1971 c.615 �11; 1987 c.320 �109; 2001 c.900 �28; 2009 c.595 �120]

�� 179.055 Disposition of income from property; maintenance of property. (1) The revenue from the rental or lease of property administered by an institution governed or managed by the Department of Corrections, the Department of Human Services or the Oregon Health Authority, except dormitory and housing rentals at institutions governed by the agencies, shall be deposited in the account of the respective agency for use by the respective agency to pay for the cost of administration, taxes, repairs and improvements on the property.

�� (2) The agencies may request the Oregon Department of Administrative Services to make necessary repairs and improvements on the property described in subsection (1) of this section to be paid for by the agencies from the proceeds derived from such rental or lease of the property or from appropriations otherwise available. [1961 c.652 �2(1),(2); 1969 c.597 �22; 1969 c.706 �64; 1971 c.615 �12; 1981 c.106 �10; 1983 c.599 �1; 1987 c.320 �110; 2001 c.900 �29; 2009 c.595 �121]

�� 179.060 [Repealed by 1969 c.597 �281]

�� 179.065 Furnishing utilities for institutions. The Department of Corrections, the Department of Human Services and the Oregon Health Authority shall have the same powers with respect to furnishing heat, light, power, sewage, fire protection and communications facilities to institutions under their respective jurisdictions as is granted to the Oregon Department of Administrative Services under ORS 276.210 to 276.228, 276.234 to

ORS 285C.609

285C.609 (4)(b) by the end of the tax year in which it is due, the exemption shall be revoked and the property shall be fully taxable for the following tax year and for each subsequent tax year for which the fee remains unpaid. If an unpaid fee is paid after the exemption is revoked, the property shall again be eligible for the exemption provided under this section, beginning with the tax year after the payment is made. Reinstatement of the exemption under this subsection shall not extend the 15-year exemption period provided for in subsection (2)(c) of this section. [1993 c.737 �5; 1995 c.698 �8; 1997 c.325 �19; 1997 c.541 �412; 2003 c.662 �12; 2017 c.490 �1; 2023 c.298 �39]

�� 307.125 Property of forest protection agencies. All the real and personal property of districts, organizations, associations and agencies organized for the purposes of forest protection and fire suppression under ORS chapter 477 is exempt from taxation if such property is used exclusively for such protection and suppression. [1957 c.189 �1; 1965 c.253 �138]

�� 307.126 [2001 c.429 �2; 2015 c.23 �4; renumbered 308.671 in 2015]

�� 307.127 [1977 c.478 �1; 1979 c.689 �6; repealed by 1995 c.79 �119]

(Institutional, Religious, Fraternal, Interment Properties)

�� 307.130 Property of certain museums, volunteer fire departments and literary, benevolent, charitable and scientific institutions. (1) As used in this section:

�� (a) �Art museum� means a nonprofit corporation organized to display works of art to the public.

�� (b) �Nonprofit corporation� means a corporation that:

�� (A) Is organized not for profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or

�� (B) Is organized and operated as described under section 501(c) of the Internal Revenue Code as defined in ORS 305.842.

�� (c) �Rehabilitation program� means a program defined in ORS 344.710 or a program that provides individuals who have physical, mental or emotional disabilities with occupational rehabilitation activities of an educational or therapeutic nature, even if remuneration is received by the individual.

�� (d) �Volunteer fire department� means a nonprofit corporation organized to provide fire protection services in a specific response area.

�� (e) �Welfare program� means a program to provide food, shelter, clothing or health care, including dental service, to needy persons without charge.

�� (2) Upon compliance with ORS 307.162, the following property owned or being purchased by art museums, volunteer fire departments, or incorporated literary, benevolent, charitable and scientific institutions shall be exempt from taxation:

�� (a) Except as provided in ORS 748.414, only real or personal property, or a proportion of the property, that is actually and exclusively occupied or used in the literary, benevolent, charitable or scientific work carried on by such institutions.

�� (b) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year.

�� (c) All real or personal property of a rehabilitation program or any retail outlet of the program, including inventory.

�� (d) All real and personal property of a retail store dealing exclusively in donated inventory, if the inventory is distributed without cost as part of a welfare program or where the proceeds of the sale of any inventory sold to the general public are used to support a welfare program.

�� (e) All real and personal property of a retail store if:

�� (A) The retail store deals on a regular basis in inventory at least one-half of which is donated and consigned;

�� (B) The individuals who operate the retail store are all individuals who work as volunteers; and

�� (C) The inventory is either distributed without charge as part of a welfare program, or sold to the general public and the sales proceeds used exclusively to support a welfare program.

�� (f) The real and personal property of an art museum that is used in conjunction with the public display of works of art or used to educate the public about art, but not including any portion of the art museum�s real or personal property that is used to sell, or hold out for sale, works of art, reproductions of works of art or other items to be sold to the public.

�� (g) All real and personal property of a volunteer fire department that is used in conjunction with services and activities for providing fire protection to all residents within a fire response area.

�� (h) All real and personal property, including inventory, of a retail store owned by a nonprofit corporation if:

�� (A) The retail store deals exclusively in donated inventory; and

�� (B) Proceeds of the retail store sales are used to support a not-for-profit housing program whose purpose is to:

�� (i) Acquire property and construct housing for resale to individuals at or below the cost of acquisition and construction; and

�� (ii) Provide loans bearing no interest to individuals purchasing housing through the program.

�� (i) All real and personal property, including inventory, of a retail store owned by a nonprofit corporation if:

�� (A) The retail store deals exclusively in donated inventory;

�� (B) The retail store operates with substantial support from volunteers; and

�� (C) All net proceeds of the retail store sales are donated:

�� (i) To a nonprofit corporation that provides animal rescue services;

�� (ii) To a manufacturer or provider of goods or services in return for which an entity described in sub-subparagraph (i) of this subparagraph receives an equivalent value of goods or services from the manufacturer or provider;

�� (iii) To an entity that provides spaying and neutering services for pets of individuals residing in households with an annual household income at or below 80 percent of the area median income; or

�� (iv) For the purpose of aiding domesticated animals, regardless of whether the animals are in the custody of the county shelter, in furtherance of the purpose for which the nonprofit corporation was organized.

�� (3) An art museum or institution shall not be deprived of an exemption under this section solely because its primary source of funding is from one or more governmental entities.

�� (4) An institution shall not be deprived of an exemption under this section because its purpose or the use of its property is not limited to relieving pain, alleviating disease or removing constraints. [Amended by 1955 c.576 �1; 1959 c.207 �1; 1969 c.342 �1; 1971 c.605 �1; 1974 c.52 �3; 1979 c.688 �1; 1987 c.391 �1; 1987 c.490 �49; 1989 c.224 �50; 1991 c.93 �4; 1993 c.655 �3; 1995 c.470 �4; 1997 c.599 �1; 1999 c.90 �31; 1999 c.773 �1; 2001 c.660 �26; 2003 c.77 �4; 2005 c.832 �16; 2007 c.70 �75; 2007 c.614 �4a; 2007 c.694 �1; 2008 c.45 �4; 2009 c.5 �14; 2009 c.909 �14; 2010 c.82 �14; 2011 c.7 �14; 2012 c.31 �14; 2013 c.377 �14; 2014 c.52 �16; 2015 c.701 ��46,48; 2017 c.686 ��1,2; 2025 c.228 �12]

�� Note: Sections 1 and 2, chapter 7, Oregon Laws 2014, provide:

�� Sec. 1. (1) For purposes of ORS 307.130 (2)(a), real or personal property of a nonprofit corporation is actually and exclusively occupied or used in the benevolent or charitable work carried on by the nonprofit corporation, and is exempt from ad valorem property taxation, if, for the tax year beginning on July 1, 2012, the property was actually:

�� (a) Offered, occupied or used as low-income housing; and

�� (b) Granted exemption under ORS 307.130 (2)(a) by the county in which the property is located.

�� (2) The exemption provided under subsection (1) of this section continues until the end of the earliest tax year in which the property described in subsection (1) of this section:

�� (a) Is no longer actually offered, occupied or used as low-income housing;

�� (b) Changes ownership other than by sale or transfer to a nonprofit corporation under whose ownership the property continues to be offered, occupied or used as low-income housing; or

�� (c) Is leased in its entirety by the nonprofit corporation claiming the exemption, other than by leases for occupancy of individual units as low-income housing. [2014 c.7 �1]

�� Sec. 2. (1) Section 1, chapter 7, Oregon Laws 2014, applies to property tax years beginning on or after July 1, 2012.

�� (2) The exemption provided under section 1, chapter 7, Oregon Laws 2014, may not be granted for tax years beginning on or after July 1, 2028. [2014 c.7 �2; 2016 c.40 �1; 2021 c.455 �1]

�� 307.134 Definition of fraternal organization. (1) For the purposes of ORS 307.136, �fraternal organization� means a corporation:

�� (a) Organized as a corporation not for profit under the laws of any state or national government;

�� (b) That is not solely a social club but is established under the lodge system with a ritualistic form of work and a representative form of government;

�� (c) That regularly engages in or provides financial support for some form of benevolent or charitable activity with the purpose of doing good to others rather than for the convenience of its members;

�� (d) In which no part of the corporation�s income is distributable to its members, directors or officers;

�� (e) In which no member, officer, agent or employee is paid, or directly or indirectly receives, in the form of salary or other compensation, an amount beyond that which is just and reasonable compensation commonly paid for such services rendered and which has been fixed and approved by the members, directors or other governing body of the corporation; and

�� (f) That is not a college fraternity or sorority.

�� (2) For the purposes of ORS 307.136, �fraternal organization� includes, but is not limited to, the grand and subordinate lodges of the Masons, the grand and subordinate lodges of the Knights of Pythias, the Knights of Columbus, the Benevolent and Protective Order of Elks, the Fraternal Order of Eagles, the Loyal Order of Moose, the Independent Order of Odd Fellows, the Oregon State Grange, the American Legion, the Veterans of Foreign Wars, the International Association of Lions Clubs, the Soroptimist International, the Rotary International and the Kiwanis International. [1961 c.543 ��3,4; 2005 c.389 �1]

�� 307.136 Property of fraternal organizations. Upon compliance with ORS 307.162, the following property owned or being purchased by fraternal organizations shall be exempt from taxation:

�� (1) All the real or personal property, or portion thereof, which is actually occupied or used in fraternal or lodge work or for entertainment and recreational purposes by one or more fraternal organizations, except that property or portions of property of a fraternal organization rented or leased by it at any time to other persons for sums greater than reasonable expenses for heat, light, water, janitorial services and supplies and facility repair and rehabilitation shall be subject to taxation.

�� (2) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year. [1961 c.543 �2; 1974 c.52 �1; 1993 c.655 �4; 1997 c.441 �1]

�� 307.140 Property of religious organizations; affordable housing. Upon compliance with ORS 307.162, the following property owned or being purchased by religious organizations shall be exempt from taxation:

�� (1) All houses of public worship and other additional buildings and property used solely for administration, education, literary, benevolent, charitable, entertainment and recreational purposes by religious organizations, the lots on which they are situated, and the pews, slips and furniture therein. However, any part of any house of public worship or other additional buildings or property which is kept or used as a store or shop or for any purpose other than those stated in this section shall be assessed and taxed the same as other taxable property.

�� (2) Parking lots used for parking or any other use as long as that parking or other use is permitted without charge for no fewer than 355 days during the tax year.

�� (3) Land and buildings on the land held or used solely for cemetery or crematory purposes, including any buildings solely used to store machinery or equipment used exclusively for maintenance of such lands.

�� (4)(a) Land and buildings on the land held or used solely to provide affordable housing to low-income households including, but not limited to, any portion of the property for any period during which the portion of the property is rented out as affordable housing to low-income households.

�� (b) As used in this subsection:

�� (A) �Affordable housing� has the meaning given that term in ORS 197A.470.

�� (B) �Low-income households� means households described in ORS 197A.470 (1).

�� (5) ORS 315.037 does not apply to this section. [Amended by 1955 c.258 �1; 1959 c.207 �2; 1973 c.397 �1; 1974 c.52 �2; 1987 c.756 �3; 1993 c.655 �5; 2021 c.446 �1]

�� 307.145 Certain child care facilities, schools and student housing. (1) If not otherwise exempt by law, upon compliance with ORS 307.162, the child care facilities, schools, academies and student housing accommodations, owned or being purchased by incorporated eleemosynary institutions or by incorporated religious organizations, used exclusively by such institutions or organizations for or in immediate connection with educational purposes, are exempt from taxation.

�� (2) Property described in subsection (1) of this section which is exclusively for or in the immediate connection with educational purposes shall continue to be exempt when leased to a political subdivision of the State of Oregon, or to another incorporated eleemosynary institution or incorporated religious organization for an amount not to exceed the cost of repairs, maintenance and upkeep.

�� (3)(a) As used in this section, �child care facility� means a child care center certified under ORS 329A.280 to provide educational child care.

�� (b) Before an exemption for a child care facility is allowed under this section, in addition to any other information required under ORS 307.162, the statement shall:

�� (A) Describe the property and declare or be accompanied by proof that the corporation is an eleemosynary institution or religious organization.

�� (B) Declare or be accompanied by proof that the Department of Early Learning and Care has issued the child care facility a certification to provide educational child care.

�� (C) Be signed by the taxpayer subject to the penalties for false swearing. [1957 c.683 �1; 1959 c.207 �3; 1971 c.670 �1; 1981 c.611 �1; 1987 c.756 �6; 1993 c.733 �10; 1995 c.278 �32; 1999 c.743 �20; 2003 c.293 �13; 2013 c.624 �74; 2023 c.554 �44]

�� 307.147 Senior services centers. (1) For purposes of this section:

�� (a) �Nonprofit corporation� means a corporation that:

�� (A) Is organized not for profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or

�� (B) Is organized and operated as described under section 501(c) of the Internal Revenue Code as defined in ORS 305.842.

�� (b) �Senior services center� means property that:

�� (A) Is owned or being purchased by a nonprofit corporation;

�� (B) Is actually and exclusively used to provide services and activities (including parking) primarily to or for persons over 50 years of age;

�� (C) Is open generally to all persons over 50 years of age;

�� (D) Is not used primarily for fund-raising activities; and

�� (E) Is not a residential or dwelling place.

�� (2) Upon compliance with ORS 307.162, a senior services center is exempt from ad valorem property taxation. [1993 c.777 �2; 1997 c.541 �104; 1997 c.839 �44; 1999 c.90 �32; 2001 c.660 �27; 2003 c.77 �5; 2005 c.94 �31; 2005 c.832 �17; 2007 c.614 �5; 2008 c.45 �5; 2009 c.5 �15; 2009 c.909 �15; 2010 c.82 �15; 2011 c.7 �15; 2012 c.31 �15; 2013 c.377 �15; 2014 c.52 �17]

�� 307.150 Property used for burial, cremation or alternative disposition. (1) Notwithstanding ORS 307.022, upon compliance with ORS 307.162, the following property is exempt from taxation:

�� (a) Burial grounds, tombs and rights of burial, and lands and buildings on the land, not exceeding 30 acres, used for the sole purpose of a crematory or alternative disposition facility, as defined in ORS 97.010, and for burial of incinerated or reduced remains.

�� (b) Lands used or held exclusively for cemetery purposes, not exceeding 600 acres.

�� (c) Burial lots or space for burial of incinerated or reduced remains in buildings or grounds used or held exclusively for burial purposes.

�� (d) Buildings on land described in paragraph (a) or (b) of this subsection that are used to store machinery or equipment used exclusively for maintenance of burial grounds.

�� (e) Personal property used exclusively for cemetery, crematory or alternative disposition facility purposes.

�� (2) The statement required under ORS 307.162 shall be filed by the owner of the property described in subsection (1) of this section.

�� (3) Any property exclusively occupied and used as a family burial ground is exempt from ad valorem taxation. [Amended by 1987 c.756 �4; 1999 c.398 �7; 2009 c.455 �1; 2021 c.296 �32]

�� 307.155 When land exempt under ORS 97.660, 307.140 or 307.150 taxable; lien. (1) Land that is exempt from ad valorem property tax under ORS 97.660, 307.140 (3) or 307.150 that ceases to be used or held exclusively for cemetery or crematory purposes shall be subject to assessment and taxation uniformly with real property of nonexempt ownerships.

�� (2) There shall be added to the next general property tax roll, to be collected and distributed in the same manner as other real property taxes, additional taxes equal to the total amount of taxes that otherwise would have been assessed against the land had the land not been used or held for cemetery or crematory purposes for the last 10 years (or such lesser number of years, corresponding to the years after 1981 of exemption for the land) preceding the year after 1981 in which the land was exempt from taxation.

�� (3) The lien for the additional taxes imposed by this section, and the interest thereon, shall attach as of the date preceding the date of sale or other transfer of the land.

�� (4) For each year that land is exempt from taxation under ORS 97.660, 307.140 (3) or 307.150, or both, the assessor shall enter on the assessment and tax roll, with respect to the land, the notation �(cemetery land-potential additional tax).�

�� (5) The amount of additional taxes determined to be due under this section may be paid to the tax collector prior to the completion of the next general property tax roll, pursuant to ORS 311.370.

�� (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [1981 c.572 �1; 1987 c.756 �4a; 1991 c.459 �43; 1997 c.541 �105]

�� Note: 307.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.157 [2001 c.422 �4; repealed by 2024 c.52 �11]

�� 307.158 Continued exemption for former cemetery or crematory land used for exempt low income housing; application; disqualification; additional taxes. (1) Notwithstanding ORS 92.095,

ORS 287A.150

287A.150 does not apply to revenue bonds issued by Oregon Community Power. Revenue bonds issued by Oregon Community Power are not a general obligation of Oregon Community Power and may not be a charge upon any revenues or property of Oregon Community Power that is not specifically pledged thereto. Any obligation of any kind incurred by Oregon Community Power under this section is not, and may not be considered, an indebtedness of the State of Oregon.

�� (2) Revenue bonds or other financing agreements issued by Oregon Community Power under this section are bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of this state. [2007 c.807 �39; 2009 c.538 �15]

�� Note: See note under 757.812.

(City Rights of Way)

�� 757.954 City�s authority to control, and collect charges for, use of rights of way. ORS 757.812 to 757.950 do not diminish, or authorize the adoption of rules that diminish, the authority of a city to control the use of the city�s rights of way or to collect license fees, privilege taxes, rent or other charges for the use of the rights of way of the city. [2007 c.807 �42]

�� Note: See note under 757.812.

WILDFIRE PROTECTION AND MITIGATION

�� 757.960 Commission to convene workshops; wildfire protection and mitigation best practices. The Public Utility Commission shall periodically convene workshops for the purpose of helping public utilities that provide electricity, municipal electric utilities, people�s utility districts organized under ORS chapter 261 that sell electricity, electric cooperatives organized under ORS chapter 62 and operators of electrical transmission and distribution systems to develop and share information for the identification, adoption and carrying out of best practices regarding wildfires, including, but not limited to, risk-based wildfire protection and risk-based wildfire mitigation procedures and standards. [2021 c.592 �2]

�� 757.963 Public utility required to develop wildfire protection plan; rules. (1) A public utility that provides electricity must have and operate in compliance with a risk-based wildfire protection plan that is filed with the Public Utility Commission and has been evaluated by the commission. The plan must be based on reasonable and prudent practices identified through workshops conducted by the commission pursuant to ORS 757.960 and on commission standards adopted by rule. The public utility must design the plan in a manner that seeks to protect public safety, reduce risk to utility customers and promote electrical system resilience to wildfire damage.

�� (2) A public utility that provides electricity shall regularly update a risk-based wildfire protection plan on a schedule determined by the commission. The plan must, at a minimum:

�� (a) Identify areas that are subject to a heightened risk of wildfire and are:

�� (A) Within the service territory of the public utility; and

�� (B) Outside the service territory of the public utility but within a reasonable distance, as determined by the commission, of the public utility�s generation or transmission assets.

�� (b) Identify a means for mitigating wildfire risk that reflects a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk.

�� (c) Identify preventive actions and programs that the public utility will carry out to minimize the risk of utility facilities causing a wildfire.

�� (d) After seeking information from regional, state and local entities, including municipalities, identify a protocol for the deenergizing of power lines and adjusting of power system operations to mitigate wildfires, promote the safety of the public and first responders and preserve health and communication infrastructure.

�� (e) Describe the procedures, standards and time frames that the public utility will use to inspect utility infrastructure in areas that the public utility identifies under paragraph (a) of this subsection.

�� (f) Describe the procedures, standards and time frames that the public utility will use to carry out vegetation management in areas that the public utility identifies under paragraph (a) of this subsection.

�� (g) Identify the development, implementation and administration costs for the plan.

�� (h) Identify the community outreach and public awareness efforts that the public utility will use before, during and after a wildfire season.

�� (3) To develop a plan described in subsection (2) of this section, a public utility may consult with and consider information from regional, state and local entities, including municipalities.

�� (4) The commission, in consultation with the State Forestry Department and local emergency services agencies, shall evaluate a public utility�s wildfire protection plan and plan updates through a public process.

�� (5) Not more than 180 days after receiving a wildfire protection plan or plan update from a public utility, the commission shall approve or approve with conditions the plan or update if the commission finds that the plan or update is based on reasonable and prudent practices identified through workshops pursuant to ORS

ORS 293.560

293.560 and the interest accruing from the investment thereof.

�� (4) All sums received from the five percentum of sales of public lands and apportioned under ORS 272.085 and the interest accruing from the investment thereof.

�� (5) All sums received from the federal government under ORS 293.565 to 293.575 under the Mineral Leasing Act, the federal Flood Control Act and the Taylor Grazing Act and the interest accruing from the investment thereof.

�� (6) Any other funds or accounts created by law that are not specifically established in the law creating them as funds or accounts in the General Fund. [Formerly 291.356; 1965 c.285 �79; 1981 c.787 �54; 1985 c.787 �2; 1987 c.373 �27; 1989 c.966 �19; 1995 c.641 �1; 2001 c.835 ��7,8; 2001 c.920 �10; 2003 c.81 ��3,4; 2005 c.748 ��13,14; 2009 c.762 �30; 2019 c.131 �9]

�� 293.117 Trust fund; continuous appropriation. (1) Moneys in a trust fund that are not otherwise appropriated by law are continuously appropriated to the agency that administers the trust in order to carry out the purposes of the trust.

�� (2) As used in this section, �trust fund� has the meaning given that term in ORS 291.002. [2003 c.81 �5]

�� Note: 293.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.120 [Formerly 291.358; repealed by 2003 c.81 �14]

�� 293.125 Department to make accounting entries and charge claims against special dedicated funds. The Oregon Department of Administrative Services shall, by appropriate entries made at monthly periods, credit the several objects with the amounts which may be received respectively from the several sources and charge against the same any claims incurred in pursuance of authority of law, in the same manner as is provided for the payment of claims against the state. [Formerly 291.360; 1967 c.454 �99]

�� 293.130 Information required on records of moneys deposited. The State Treasurer shall enter upon all records created by the State Treasurer for moneys paid into the State Treasury such necessary information as shall:

�� (1) Enable the Oregon Department of Administrative Services to credit the moneys to a fund or account in such amounts as are applicable under the law.

�� (2) Permit an appropriate accounting of the moneys. [Formerly 291.362; 1967 c.454 �100; 1969 c.141 �2; 1999 c.412 �1]

�� 293.135 Payment of warrants against certain special funds. All warrants issued against any special fund that is a part of the General Fund hereby are made payable out of the General Fund. Such payment shall be made by the State Treasurer to the holders of such warrants upon demand. [Formerly 291.364]

�� 293.140 Disposition of interest on state funds. Except as otherwise provided by law, all interest received on deposits of state funds shall accrue to and become a part of the General Fund. [Formerly 291.366; 1981 c.194 �1]

(Oregon Rainy Day Fund)

�� 293.144 Oregon Rainy Day Fund; use; interest. (1) The Oregon Rainy Day Fund is established as an account in the General Fund.

�� (2) The Legislative Assembly may appropriate moneys from the Oregon Rainy Day Fund only if the appropriation is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Legislative Assembly finds one of the following:

�� (a) That the last quarterly economic and revenue forecast for a biennium indicates that moneys available to the General Fund for the next biennium will be at least three percent less than appropriations from the General Fund for the current biennium;

�� (b) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or

�� (c) That a quarterly economic and revenue forecast projects that revenues in the General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based.

�� (3) Once each month, the Oregon Department of Administrative Services shall calculate the amount of General Fund interest that is attributable to moneys in the Oregon Rainy Day Fund. Except as otherwise provided in ORS 293.148, the department shall:

�� (a) Transfer 6.7 percent of the amount calculated to the Landscape Resiliency Fund established under ORS 477.502;

�� (b) Transfer 13.3 percent of the amount calculated to the Community Risk Reduction Fund established under ORS 476.396; and

�� (c) Transfer 80 percent of the amount calculated to the Oregon Rainy Day Fund.

�� (4) The Legislative Assembly may not appropriate for any one biennium more than two-thirds of the amount that is in the Oregon Rainy Day Fund at the beginning of that biennium. If the appropriation is for a biennium that has not yet begun, the Legislative Assembly may use as the base the most recent estimate of the amount that will be in the Oregon Rainy Day Fund at the beginning of the biennium for which the appropriation is made.

�� (5) As used in this section, �legislatively adopted budget� has the meaning given that term in ORS 291.002. [2007 c.5 �1; 2025 c.581 �5]

�� Note: 293.144 to 293.148 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.145 [Formerly 291.368; repealed by 1967 c.637 �37]

�� 293.146 Transfer of moneys to Rainy Day Fund. (1) As used in this section:

�� (a) �Ending balance� means the difference between the amount of General Fund revenues collected during a biennium and the amount of General Fund appropriations for the biennium.

�� (b) �General Fund appropriations� means the amount of moneys appropriated from the General Fund for a biennium in the legislatively approved budget for the biennium, minus the amount of any General Fund appropriation balances for that biennium that revert to the General Fund under ORS 293.190.

�� (c) �Legislatively approved budget� has the meaning given that term in ORS 291.002.

�� (2) Except as provided in ORS 293.148, as soon as possible after the ending balance for a biennium is determined, an amount equal to one percent of the amount of General Fund appropriations for that biennium shall be transferred to the Oregon Rainy Day Fund established by ORS 293.144. If the ending balance does not equal or exceed one percent of the amount of General Fund appropriations, an amount equal to the ending balance shall be transferred to the Oregon Rainy Day Fund. [2007 c.5 �4]

�� Note: See note under 293.144.

�� 293.148 Cap on amount. (1) If the moneys in the Oregon Rainy Day Fund established by ORS 293.144 just prior to the time of a transfer scheduled under ORS 293.144 (3)(c) or 293.146 equal at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium, moneys that would otherwise be transferred to the Oregon Rainy Day Fund shall be deposited in the General Fund.

�� (2) If the moneys in the Oregon Rainy Day Fund just prior to the time of a transfer scheduled under ORS 293.144 (3)(c) or 293.146 do not equal at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium, the transfer to the Oregon Rainy Day Fund shall be made regardless of whether that transfer increases the amount in the Oregon Rainy Day Fund to at least 12.5 percent of the amount of General Fund revenues collected during the prior biennium. [2007 c.5 �6; 2024 c.98 �1, 2025 c.581 �5a]

�� Note: See note under 293.144.

�� 293.150 [Formerly 291.370; 1967 c.454 �101; repealed by 1967 c.637 ��37,38]

�� 293.155 [Formerly 291.372; repealed by 1967 c.637 �37]

�� 293.160 [Formerly 291.374; repealed by 1967 c.637 �37]

(Deficiencies)

�� 293.165 Borrowing to pay warrants against General Fund. (1) If the moneys in the General Fund become exhausted, the State Treasurer shall borrow from the most advantageous sources the amounts necessary to pay warrants drawn against the General Fund in pursuance of law, other than warrants drawn against funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. The Governor, Secretary of State and State Treasurer, jointly, shall issue certificates of indebtedness therefor. The certificates shall draw interest not to exceed the legal rate of interest until redeemed. All certificates of indebtedness shall be redeemable by the State Treasurer from the first moneys regularly accruing and credited to the General Fund.

�� (2) For the purposes of subsection (1) of this section, the moneys in the General Fund shall be deemed to be exhausted when there are no moneys remaining in the General Fund other than funds whose use is restricted to particular purposes by the Constitution of Oregon or by federal law. [Formerly 291.378; 1967 c.454 �102; 2003 c.81 �6]

�� 293.167 Proceeding when warrants not paid for want of funds. (1) For the purposes of this section:

�� (a) Exhaustion of the General Fund has the meaning described in ORS 293.165 (2).

�� (b) �Restricted fund� means a fund in the General Fund whose use is restricted to particular purposes by the Constitution of Oregon or by federal law.

�� (2) Instead of paying warrants drawn on the General Fund, the State Treasurer shall indorse on the warrants the words �Not paid for want of funds� and shall register the warrants for future payment if:

�� (a) The General Fund becomes exhausted after the State Treasurer has borrowed moneys as provided in ORS 293.165 and has made the transfers of surplus funds as provided in ORS 293.205 to 293.225; and

�� (b) The Governor, the Secretary of State and the State Treasurer deem it necessary or advisable to refuse to pay the warrants and to register the warrants, and direct the State Treasurer to do so.

�� (3) The State Treasurer shall register the warrants indorsed as provided in subsection (2) of this section by number and by date according to the date on which the warrants were presented for payment. All warrants so indorsed and registered shall thereafter become payable in full according to the date of registration, beginning with the earliest date. Warrants described in this subsection are payable only from moneys in the General Fund that are not in restricted funds.

�� (4) Notwithstanding subsection (2) of this section, a warrant that is drawn against a restricted fund may be paid, even if the General Fund is exhausted, if there are sufficient moneys in the restricted fund to pay the warrant. The State Treasurer need not indorse or register a warrant paid under this subsection in the manner described in subsections (2) and (3) of this section.

�� (5) Warrants that are registered under subsections (2) and (3) of this section shall draw interest payable from the General Fund, until called for payment by the State Treasurer, at the rate of five percent per year. The Oregon Department of Administrative Services shall determine the amount of interest payable on each warrant under this subsection and when and how the interest will be paid.

�� (6) As funds for the payment of all the warrants registered on a particular date and of the interest thereon become available in the General Fund, the State Treasurer shall give notice of the calling of the warrants for payment by one publication in a newspaper printed and published in Salem, Oregon. [Formerly 293.170]

�� 293.169 Notification to agency to stop issuing checks or warrants or initiating electronic funds transfers; resumption of checks, warrants or electronic funds transfers. (1) The State Treasurer may notify a state agency that it must stop issuing checks or warrants on, or initiating electronic funds transfers from, a specified fund or account if:

�� (a) The General Fund is exhausted as described in ORS 293.165 (2);

�� (b) Warrants drawn on the General Fund are being registered under ORS 293.167;

�� (c) An appropriation or other authorization to expend moneys has not been approved for the state agency; or

�� (d) There are no moneys in the fund or account on or from which the state agency proposes to issue checks or warrants or to initiate electronic funds transfers.

�� (2) A notice issued by the State Treasurer under this section must specify the fund or account on or from which the state agency may no longer issue checks or warrants or initiate electronic funds transfers. When the conditions described in subsection (1) of this section that led to the notice from the State Treasurer are no longer in effect, the State Treasurer shall notify the state agency that it may resume issuance of checks or warrants or initiation of electronic funds transfers.

�� (3) A state agency that receives a notice from the State Treasurer under subsection (1) of this section must cease issuing checks or warrants drawn on, or initiating electronic funds transfers from, the specified fund or account. If authorized to do so by the State Treasurer, a state agency that ceases issuance of checks or warrants or initiation of electronic funds transfers under this section may pay obligations by warrants that may be registered under ORS 293.167 if the checks or warrants are drawn on, or the electronic funds transfers are from, moneys in the General Fund.

�� (4) As used in this section, �state agency� means any board, commission, department, institution, branch or agency the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 �9]

�� Note: 293.169 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.170 [Formerly 291.380; 2003 c.81 �7; renumbered 293.167 in 2003]

�� 293.171 State agency overdrafts; interest. (1) If a check, warrant or demand for payment by electronic funds transfer is presented to the State Treasurer for payment and at the time of presentment the account or fund from which payment should be drawn has insufficient moneys to pay in full the amount presented, the State Treasurer may transfer the overdraft amount from other moneys deposited in the State Treasury by the state agency from whose account or fund the payment is required. The State Treasurer may charge interest at a rate determined by the State Treasurer on any negative account or fund balance that results from the overdraft. The interest shall be paid to the account or fund from which moneys were transferred to pay the overdraft. The State Treasurer may also charge fees for the transfer, in amounts determined by the State Treasurer.

�� (2) The authority given the State Treasurer in this section is in addition to, and not in lieu of, authority given the treasurer in ORS 293.205 to 293.225.

�� (3) As used in this section, �state agency� means any board, commission, department, institution, branch or agency, the costs of which are paid in whole or in part from funds held in the State Treasury. [2003 c.81 �10]

�� Note: 293.171 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.173 [2002 s.s.1 c.1 �3; repealed by 2007 c.783 �234]

�� 293.175 [2002 s.s.1 c.1 �4; 2007 c.783 �13; renumbered 286A.050 in 2007]

�� 293.177 [2002 s.s.1 c.1 �5; 2007 c.783 �14; renumbered 286A.055 in 2007]

(Petty Cash)

�� 293.180 Agency petty cash fund. (1) If the appropriation for an agency or the limitation on expenditures of an agency, as enacted by the Legislative Assembly, includes an amount for a petty cash fund, the fund shall be established and administered as provided in this section.

�� (2) The agency for which a petty cash fund has been authorized may prepare a voucher in the amount authorized in favor of a person designated by the agency as custodian of its petty cash fund. A warrant shall be drawn for the amount of the voucher payable out of moneys appropriated for the expenditures of the agency. The designated custodian shall credit the amount of the warrant to the petty cash fund.

�� (3) The Oregon Department of Administrative Services may establish regulations governing the administration of petty cash funds established pursuant to this section.

�� (4) Subject to regulations established by the department:

�� (a) The designated custodian may make disbursements from the petty cash fund only when it is necessary to make an immediate cash payment which is lawfully payable from moneys appropriated to the agency.

�� (b) The designated custodian may hold the petty cash fund in cash or may deposit the fund to the account of the agency in any insured institution or institutions in the state authorized as a depository of state funds, or may hold part in cash and deposit the remainder.

�� (5) The designated custodian shall periodically submit to the appropriate warrant drawing authority verified reimbursement vouchers properly supported by evidences of disbursements from the petty cash fund. Upon allowance of the reimbursement vouchers the warrant drawing authority shall issue a warrant on the State Treasurer, in favor of the designated custodian, payable out of moneys appropriated for the expenditures of the agency. [Formerly 291.548; 1967 c.454 �103; 1997 c.631 �445]

(Reversion)

�� 293.190 Reversion of appropriations to General Fund; cancellation of budget limitations; rules; exceptions; extensions. (1) On December 31 in each odd-numbered year, all General Fund appropriation balances as recorded on the records of the Oregon Department of Administrative Services for the prior biennium shall revert to the General Fund except for capital construction, continuing contracts, contested claims, special appropriations designated by legislative action, appropriations described in ORS 293.195 or savings continuously appropriated to agencies under ORS 291.120.

�� (2) On December 31 in each odd-numbered year, all limitation balances on any separate fund or cash account in the State Treasury shall be canceled except for continuing contracts, contested claims or special limitations designated by legislative action.

�� (3) Notwithstanding subsections (1) and (2) of this section, under conditions which shall be described by the department by rule, upon request, an extension may be granted to allow an agency to make final analyses and corrections before an appropriation or limitation is canceled. The procedures for requesting an extension and the criteria for approving the request shall be established by the department. [1971 c.341 �3; 1991 c.220 �7; 1993 c.724 �3; 2012 c.107 �58]

(Retention of Certain Appropriation Balances)

�� 293.195 Retention of appropriation balances. (1) Any difference between the amount appropriated from the General Fund for a biennium to the judicial department as defined in ORS 174.113, including amounts appropriated to any agency of the judicial department, and the amount of the appropriation actually expended on or before the end of the biennium, is appropriated to the judicial department, out of the General Fund, for payment of expenses of the judicial department for the next biennium.

�� (2) Any difference between the amount appropriated from the General Fund for a biennium to the legislative department as defined in ORS 174.114, including amounts appropriated to any agency of the legislative department, and the amount of the appropriation actually expended on or before the end of the biennium, is appropriated to the legislative department, out of the General Fund, for payment of expenses of the legislative department for the next biennium.

�� (3) The appropriations made by subsections (1) and (2) of this section are subject to adjustment by the Legislative Assembly. The Legislative Assembly shall reflect the appropriations, including any adjustments thereto, in an appropriation measure during each biennium. [2012 c.107 �56; 2020 s.s.2 c.10 �20]

�� Note: 293.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TRANSFERS TO FUNDS HAVING INSUFFICIENT MONEY

(Transfers for Wildfire Suppression Costs)

�� 293.200 Transfers for wildfire suppression costs. (1) As used in this section:

�� (a) �Biennium� means a two-year period beginning on July 1 of an odd-numbered year.

�� (b) �Borrowing agency� means the State Forestry Department or the Department of the State Fire Marshal.

�� (c) �Borrowing fund� has the meaning given that term in ORS 293.205.

�� (d) �Lending fund� has the meaning given that term in ORS 293.205.

�� (e) �Repayment amounts� means amounts transferred under subsection (2) of this section, plus any interest or borrowing costs.

�� (2)(a) Notwithstanding the provisions of ORS 293.210 that limit when the State Treasurer may transfer moneys between funds of the State Treasury, the State Treasurer shall, at the written request of a borrowing agency, and subject to paragraph (b) of this subsection, transfer moneys under ORS 293.205 to 293.225 to a fund or funds under the administration of the borrowing agency for the purpose of enabling the agency to pay for noncapital wildfire suppression costs.

�� (b) Before a transfer is made under this subsection, the State Treasurer and the borrowing agency shall report to the Emergency Board:

�� (A) The amount requested to be transferred;

�� (B) The amount of wildfire suppression costs above the borrowing agency�s available resources; and

�� (C) The balance of moneys projected to be available to repay the amount advanced.

�� (3) If the State Treasurer transfers moneys under subsection (2) of this section, the borrowing agency, no later than the second May 15 of the biennium in which the transfer is made, and in collaboration with the Oregon Department of Administrative Services, shall certify to the State Treasurer whether the balance of moneys available to the borrowing agency as of the second June 15 of the same biennium will be sufficient to repay the repayment amounts.

�� (4) If the borrowing agency certifies that the balance of moneys is insufficient to repay the repayment amounts:

�� (a) The borrowing agency shall, as soon as practicable, transfer all moneys available for repayment to the State Treasurer, to be credited to the lending fund; and

�� (b) There is appropriated to the borrowing agency, for the biennium in which the transfer was made, out of the General Fund, an amount equal to the difference between the repayment amounts and the amounts transferred under paragraph (a) of this subsection, for deposit in the borrowing fund for the purpose of repaying the repayment amounts. [2025 c.581 �40]

�� Note: 293.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Generally)

�� 293.205 Definitions for ORS 293.205 to 293.225. As used in ORS 293.205 to 293.225:

�� (1) �Borrowing fund� means the fund to which money is initially transferred under ORS 293.210.

�� (2) �Lending fund� means the fund from which money is initially transferred under ORS 293.210. [Formerly

ORS 30.400

30.400 and shall conduct peer review. Peer review shall be conducted pursuant to the bylaws of the requesting health care facility.

�� (6) Any person serving on or communicating information to a peer review committee shall not be subject to an action for damages for action or communications or statements made in good faith.

�� (7) All findings and conclusions, interviews, reports, studies, communications and statements procured by or furnished to the peer review committee in connection with a peer review are confidential pursuant to ORS 192.338, 192.345, 192.355 and 192.690 and all data is privileged pursuant to ORS 41.675.

�� (8) Notwithstanding subsection (7) of this section, a written report of the findings and conclusions of the peer review shall be provided to the governing body of the health care facility who shall abide by the privileged and confidential provisions set forth in subsection (7) of this section.

�� (9) Procedures for peer review established by subsections (4) to (8) of this section are exempt from ORS chapter 183.

�� (10) The Oregon Health Authority shall adopt by rule standards for rural hospitals, as defined in ORS 442.470, that specifically address the provision of care to postpartum and newborn patients so long as patient care is not adversely affected.

�� (11) For purposes of this section, �physician� has the meaning given the term in ORS 677.010. [Amended by 1965 c.352 �1; 1971 c.730 �13; 1973 c.837 �14; 1973 c.840 �9; 1977 c.261 �4; 1977 c.448 �10; 1977 c.751 �23a; 1987 c.428 �9; 1987 c.850 �2; 1993 c.269 �1; 1995 c.727 �38; 1995 c.763 �1; 1999 c.542 �1; 2001 c.900 �167; 2009 c.595 �726; 2009 c.792 �58]

�� 441.056 Credentialing telemedicine providers; rules. (1) The Oregon Health Authority shall prescribe by rule the information and documents that a governing body of an originating-site hospital may request for credentialing a telemedicine provider located at a distant-site hospital.

�� (2) The rules adopted by the authority under subsection (1) of this section must:

�� (a) Prescribe a standard list of information and documents that shall be provided by a distant-site hospital;

�� (b) Prescribe a list of information and documents that may be requested by an originating-site hospital in addition to the standard list of information and documents;

�� (c) Prescribe a list of information and documents that may not be requested by an originating-site hospital; and

�� (d) Be consistent with all applicable legal and accreditation requirements of an originating-site hospital and the health plans with which the originating-site hospital contracts.

�� (3) Except as provided in subsection (4) of this section, an originating-site hospital in this state must comply with the rules adopted under this section if the telemedicine provider is located at a distant-site hospital that is located in this state. This section does not prevent hospitals located outside of this state from using or require such hospitals to use the prescribed list of information and documents in credentialing a telemedicine provider.

�� (4) An originating-site hospital is not limited to the information and documents prescribed by the authority if the originating-site hospital has a delegated credentialing agreement with the distant-site hospital where the telemedicine provider is located and the governing body of the originating-site hospital accepts the recommendation of the medical staff to credential the telemedicine provider.

�� (5) In the adoption of the rules described in subsections (1) and (2) of this section, the authority shall consult with representatives of distant-site hospitals and originating-site hospitals in this state. Once adopted, the authority may not amend the rules to alter the prescribed lists without first consulting representatives of distant-site hospitals and originating-site hospitals in this state.

�� (6) This section does not affect the responsibilities of a governing body under ORS 441.055 and does not require a governing body of a hospital to grant privileges to a telemedicine provider. [2013 c.414 �2]

�� Note: 441.056 was added to and made a part of ORS chapter 441 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 441.057 [1975 c.360 �2; 1981 c.336 �1; 1987 c.428 �10; 2001 c.609 �16; 2001 c.900 �168; 2009 c.595 �727; 2009 c.792 �59; 2017 c.101 �13; 2018 c.61 �16; renumbered 441.044 in 2019]

�� 441.058 [1977 c.532 �2; 1979 c.168 �1; repealed by 1983 c.781 �8]

�� 441.059 Access to previous X-rays and reports by patients of chiropractic physicians. The rules of a hospital that govern patient access to previously performed X-rays or diagnostic laboratory reports shall not discriminate between patients of chiropractic physicians and patients of other licensed medical practitioners permitted access to such X-rays and diagnostic laboratory reports. [1979 c.490 �2]

�� 441.060 Inspections; approval of plans and specifications; rules; fees. (1) The Oregon Health Authority shall make or cause to be made in-person site inspections of health care facilities licensed under ORS 441.025 (1) at least once every three years.

�� (2) The authority and the Department of Human Services may prescribe by rule that any licensee or prospective applicant desiring to make specified types of alteration or addition to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, either prior to or after receiving a certificate of need pursuant to ORS 442.315, if required, submit plans and specifications therefor to the authority or the department for preliminary inspection and approval or recommendations with respect to compliance with the rules authorized by ORS 441.025 and 443.420 and for compliance with National Fire Protection Association standards when the facility is also to be Medicare or Medicaid certified.

�� (3) The authority or the department may require by rule payment of a fee for project review services at a variable rate, dependent on total project cost.

�� (4) For health care facilities, the authority shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program.

�� (5) For long term care facilities and residential care facilities, the department shall develop a review fee schedule as minimally necessary to support the staffing level and expenses required to administer the program. The fee for project review of residential care facilities shall equal two-thirds that required of health care facilities.

�� (6) The authority or the department may also conduct an on-site review of projects as a prerequisite to licensure of new facilities, major renovations and expansions. The authority and the department shall, at least annually, with the advice of the facilities covered by the review, present proposed rule changes regarding facility design and construction to such agencies for their consideration.

�� (7) The authority shall publish a state submissions guide for health care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies.

�� (8) The department shall publish a state submissions guide for long term care facility and residential care facility projects and advise project sponsors of applicable requirements of federal, state and local regulatory agencies. [Amended by 1965 c.352 �2; 1971 c.730 �14; 1973 c.840 �10; 1985 c.747 �29; 1987 c.428 �11; 1987 c.660 �23; 2001 c.104 �178; 2001 c.900 �169; 2009 c.595 �728; 2009 c.792 �60; 2011 c.35 �2; 2021 c.338 �2]

�� 441.061 Delegation of health inspections to local public health authorities; financial assistance. (1) Upon agreement, the Director of Human Services may grant specific authorization to any local public health authority, as defined in ORS 431.003, to administer and enforce any law or rules of the Department of Human Services relating to inspections and issuance, revocation and suspension of licenses, or portion thereof, for long term care facilities.

�� (2) Pursuant to an agreement as provided in subsection (1) of this section, the director may provide funds and other resources to the local public health authority necessary to enable the local public health authority to perform the agreed upon functions. [1977 c.261 �2; 1987 c.428 �12; 2015 c.736 �87]

�� 441.062 Coordination of inspections; rules. (1) In conducting inspections for the purpose of licensing health care facilities under ORS 441.020, the Oregon Health Authority and the Department of Human Services shall avoid unnecessary facility disruption by coordinating inspections performed by the authority or the department with inspections performed by other federal, state and local agencies that have responsibility for health care facility licensure.

�� (2) Whenever possible, the authority and the department shall avoid duplication of inspections by accepting inspection reports or surveys prepared by other state agencies that have responsibility for health care facility licensure for purposes of the inspection required for licensure.

�� (3) In lieu of an in-person site inspection as required by ORS 441.025 and 441.060, the authority or the department may accept a certification or accreditation from a federal agency or an accrediting body approved by the authority or the department that the state licensing standards have been met, if:

�� (a) The certification or accreditation is recognized by the authority or the department as addressing the standards and condition of participation requirements of the Centers for Medicare and Medicaid Services and other standards set by the authority or the department;

�� (b) The health care facility notifies the authority or the department to participate in any exit interview conducted by the federal agency or accrediting body; and

�� (c)(A) The health care facility provides copies of summary documentation from the federal agency or accrediting body concerning the certification or accreditation to the authority within 30 days following the receipt of summary documentation from the federal agency or accrediting body; or

�� (B) The health care facility provides copies of all documentation concerning the certification or accreditation requested by the department.

�� (4) The authority and the department shall adopt rules necessary to implement this section. [1995 c.449 �6; 2001 c.900 �170; 2009 c.595 �729; 2009 c.792 �61; 2021 c.338 �3; 2025 c.623 �4]

�� 441.063 Use of facilities by licensed podiatric physicians and surgeons; regulation of admission and conduct. The rules of the hospital shall include provisions for the use of the hospital facilities by podiatric physicians and surgeons licensed under ORS 677.805 to

ORS 310.060

310.060.

�� (c) The taxes become payable at the same time and are collected by the same officer who collects county taxes and must be turned over to the local government according to law.

�� (d) The county officer whose duty it is to extend the county levy shall extend the levy of the local government in the same manner as city taxes are extended. Property may be sold for nonpayment of the taxes levied by a local government in like manner and with like effect as in the case of county and state taxes.

�� (4)(a) All bonds issued pursuant to this section, including general obligation bonds, are secured by and payable from the installments of final assessments with respect to which the bonds were issued.

�� (b) In the ordinance or resolution authorizing the issuance of the bonds, the governing body of the issuing local government may:

�� (A) Provide that installments of final assessments levied with respect to two or more local improvements shall secure a single issue of bonds.

�� (B) Reserve the right to pledge, as security for any bonds thereafter issued pursuant to this section, any installments of final assessments previously pledged as security for other bonds issued pursuant to this section.

�� (c) All bonds must be secured by a lien on the installments of final assessments with respect to which they were issued. The lien is valid, binding and fully perfected from the date of issuance of the bonds. The installments of final assessments are immediately subject to the lien without the physical delivery thereof, the filing of any notice or any further act. The lien is valid, binding and fully perfected against all persons having claims of any kind against the local government or the property assessed whether in tort, contract or otherwise, and irrespective of whether the persons have notice of the lien.

�� (5) As additional security for any bonds issued under this section, including general obligation bonds, the governing body of the issuing local government may pledge or mortgage, or grant security interests in, its revenues, assets and properties, and otherwise secure and enter into covenants with respect to the bonds as provided in ORS chapter 287A.

�� (6)(a) A local government may, from time to time after the undertaking of a local improvement has been authorized, borrow money and issue and sell notes for the purpose of providing interim financing for the actual costs of the local improvement.

�� (b) Notes authorized under this subsection may be issued in a single series for the purpose of providing interim financing for two or more local improvements.

�� (c) Notes authorized under this subsection may not mature later than one year after the date upon which the issuing local government expects to issue bonds for the purpose of providing permanent financing with respect to installment payments of the final assessments for the local improvements.

�� (d) Any notes authorized under this subsection may be refunded from time to time by the issuance of additional notes or out of the proceeds of bonds issued pursuant to this section. The notes may be made payable from the proceeds of any bonds to be issued under this section to provide permanent financing or from any other sources from which the bonds are payable.

�� (e) The governing body of the issuing local government may pledge to the payment of the notes any revenues that may be pledged to the payment of bonds authorized to be issued under this section with respect to the local improvements for which the notes provide interim financing. [Amended by 1957 c.103 �7; 1959 c.653 �4; 1967 c.196 �1; 1975 c.320 �2; 1975 c.738 �1; 1983 c.349 �2; 1991 c.902 �14; 1995 c.333 �1; 2003 c.802 �8; 2005 c.443 �1; 2007 c.783 �74]

�� 223.240 [Amended by 1959 c.653 �5; 1971 c.100 �2; 1975 c.320 �3; 1975 c.642 �3; repealed by 1991 c.902 �121]

�� 223.245 Budget to include bond payments. The interest on the bonds and the amounts of the installments of maturing bonds shall be included in the annual budget of the issuing local government. There shall be deducted in the budget the amount that the governing body conservatively estimates will be received from payments of the principal of and interest on installments of final assessments appertaining to the particular bond issue, and from receipts from sales and rentals of property acquired by the local government pursuant to the assessments, during the fiscal year. [Amended by 1983 c.349 �3; 1991 c.902 �15; 2003 c.802 �9]

�� 223.250 [Amended by 1971 c.183 �1; 1975 c.642 �4; 1981 c.94 �11; 1983 c.349 �4; repealed by 1991 c.902 �121]

�� 223.255 [Amended by 1957 c.103 �8; 1967 c.239 �2; 1983 c.349 �5; repealed by 1991 c.902 �121]

�� 223.260 Sale of bonds; disposition of proceeds from bond sales. (1) The proceeds of any bonds or notes authorized to be issued under ORS 223.235 shall be paid by the purchaser to the treasurer of the issuing local government. Accrued interest and any premium may be credited to any account designated by the issuing local government. The balance of the proceeds shall be credited to the local improvement fund or funds for which the bonds or notes are issued.

�� (2) A local government may create, within the Bancroft Bond Redemption Fund maintained by the local government as required by ORS 223.285, separate accounts for separate issues of bonds or notes issued as provided in ORS 223.235, and may pledge any amounts deposited in the separate accounts to specific issues of bonds or notes without pledging the amounts to any other issues of such bonds or notes. [Amended by 1957 c.103 �9; 1975 c.642 �5; 1983 c.349 �6; 1991 c.902 �16; 2003 c.802 �10]

�� 223.262 Assessment contracts; transfer of contract rights by local government; use of proceeds. (1) As used in ORS 223.205 and 223.210 to 223.295:

�� (a) �Assessment contract� means the obligation to pay final assessments in installments that arise when a property owner submits an application to pay assessments in installments under ORS 223.210 or a similar provision of a local charter.

�� (b) �Assessment contract rights� includes the right to receive installment payments of final assessments, with interest, made under an assessment contract, and the right to enforce the lien of the final assessment.

�� (2) Any local government that receives or expects to receive assessment contracts may:

�� (a) Sell or assign to third parties all or any portion of its assessment contract rights.

�� (b) Create corporations or other business entities to factor assessment contract rights.

�� (c) Create grantor trusts and transfer to the trusts assessment contract rights.

�� (d) Contract to service assessment contracts and assessment liens for the owners of assessment contract rights, or contract with third parties to service assessment contracts and assessment liens for the owners of assessment contract rights.

�� (e) Serve as a trustee for the owners of assessment contract rights.

�� (f) Enter into contracts necessary to carry out the provisions of this section.

�� (3) Any trust created under this section may fractionalize and sell assessment contract rights.

�� (4) Assessment contract rights, any interests therein and any interests in trusts secured primarily by assessment contract rights shall be exempt from registration under ORS 59.055.

�� (5) If assessment contract rights that secure outstanding obligations of a local government are sold or assigned under this section, an amount shall be placed irrevocably in escrow that is calculated to be sufficient to pay all principal and interest on the outstanding obligations as they mature or are irrevocably called for prior redemption. Any sale proceeds not required to fund the escrow may be placed in the general fund of the local government. If only a portion of the contract rights securing outstanding obligations is sold, then the amount of outstanding obligations that must be defeased pursuant to this subsection shall be that proportion of the principal amount of the outstanding obligations that the principal amount of the contract rights that are sold represents to the total principal amount of the contract rights that secure the outstanding obligations. [1989 c.603 �2; 1991 c.902 �17; 2003 c.802 �11; 2007 c.783 �75]

�� 223.265 Payment of installments; due dates. (1) The installments due and payable under an assessment contract shall be due and payable periodically as the governing body of the local government shall determine but shall not be due and payable over a term in excess of 30 years. Each installment is due and payable with interest as described under subsection (3) of this section.

�� (2) The installments and interest are payable to the treasurer by the property owner whose application to pay the cost of the local improvement by installments has been filed as provided in ORS 223.210.

�� (3) The amount of each installment (percentage of the total final assessment) shall be determined by the governing body of the local government and shall be as appears by the bond lien docket described in ORS 223.230. Each installment shall be due and payable with the accrued and unpaid interest on the unpaid balance of the final assessment amount at the rate per annum determined by the governing body of the local government under ORS 223.215.

�� (4) The first payment shall be due and payable on the date that the governing body shall determine, and subsequent payments shall be due and payable on subsequent periodic dates thereafter as shall have been determined by the governing body. [Amended by 1957 c.103 �10; 1959 c.653 �6; 1969 c.531 �3; 1971 c.100 �3; 1975 c.320 �4; 1981 c.322 �4; 1991 c.902 �18; 2003 c.802 �12]

�� 223.270 Procedure for collection on default. (1) If the owner neglects or refuses to pay installments under ORS 223.265 as they become due and payable for a period of one year, then the governing body of the local government may, by reason of the neglect or refusal to pay the installments, and while the neglect and refusal to pay continues, pass a resolution:

�� (a) Giving the name of the owner then in default in the payment of the sums due;

�� (b) Stating the sums due, either principal or interest and any unpaid late payment penalties or charges;

�� (c) Containing a description of the property upon which the sums are owing; and

�� (d) Declaring the whole sum, both principal and interest, due and payable at once.

�� (2) The governing body may then proceed at once to collect all unpaid installments and to enforce collection thereof, with all unpaid late payment penalties and charges added thereto, in the same manner in which delinquent property taxes are collected under applicable law or, in the case of a city, in the same manner as street and sewer assessments are collected pursuant to the terms of the city charter. [Amended by 1991 c.902 �19; 2003 c.802 �13]

�� 223.275 Notice to pay; receipts and entries on lien docket. The recorder of a local government shall, when installments and interest on any final assessment in the bond lien docket are due, make the proper extensions of the installments and interest on the bond lien docket and turn the same over to the treasurer of the local government. The treasurer then shall notify the property owner that the installments are due and payable, but a failure of any owner to receive the notice shall not prevent collection of the installment as provided in ORS 223.270. The treasurer shall issue a receipt to the person paying the installments and interest, and shall file duplicates of the receipts with the recorder. When the treasurer returns the bond lien docket, the recorder shall make the proper entries on the bond lien docket showing the amount of each payment and the date of the payment. [Amended by 1991 c.902 �20; 2003 c.802 �14]

�� 223.280 Right of owner to prepay balance and discharge lien. At any time after issuance of bonds under ORS 223.235, any owner of a lot against which the final assessment is made and lien docketed may pay into the treasury of the issuing local government the whole amount of the final assessment for which the lien is docketed, together with the full amount of interest and late payment penalties and charges accrued thereon to the date of payment. Upon producing to the recorder of the local government the receipt of the treasurer, the recorder shall enter in the lien docket opposite the entry of the lien the fact and date of the payment and that the lien is discharged. [Amended by 1991 c.902 �21; 2003 c.802 �15]

�� 223.285 Separate funds kept for moneys received; investments authorized. Any treasurer receiving any payments of final assessments or interest on unpaid installments by virtue of the Bancroft Bonding Act, shall account for the payments separately from other funds of the local government. The amount of the moneys paid on account of installments, interest on unpaid installments and late payment penalties or charges, shall be placed to the credit of a fund to be known and designated as �Bancroft Bond Redemption Fund� or in any designated account of the redemption fund that may be established by the local government under this section. All interest and principal due on bonds issued under ORS 223.235 shall be paid from the redemption fund or from a designated account of the redemption fund. The amount placed to the credit of the redemption fund or any account of the fund shall from time to time, under the direction of the governing body of the issuing local government, be invested as provided in ORS 294.035 or 294.805 to 294.895. [Amended by 1975 c.495 �1; 1991 c.902 �22; 2003 c.802 �16]

�� 223.290 Payments entered on lien docket; lien discharge. Entries of payments of installments, interest and late payment penalties or charges, made under the Bancroft Bonding Act, shall be made in the lien docket as they are received, with the date of payment. The payments so made and entered shall discharge the lien to the amount of the payment and from the date of the payment. [Amended by 1991 c.902 �23; 1995 c.709 �3; 1997 c.840 �3]

�� 223.295 Limit on city indebtedness. (1) A city may incur indebtedness in the form of general obligation bonds and general obligation interim financing notes pursuant to ORS 223.235 to an amount which shall not exceed 0.03 of the latest real market valuation of the city.

�� (2) The general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235 shall be determined by deducting from the sum total of outstanding general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235, the aggregate of sinking funds or other funds applicable to the payment thereof, less the aggregate of overdrafts, if any, in the related improvement bond interest fund. [Amended by 1955 c.28 �1; 1955 c.686 �1; 1959 c.653 �7; 1963 c.545 �2; 1965 c.282 �3; 1985 c.441 �1; 1991 c.459 �351; 1991 c.902 �24]

SYSTEM DEVELOPMENT CHARGES

�� 223.297 Policy. The purpose of ORS 223.297 to 223.316 is to provide a uniform framework for the imposition of system development charges by local governments, to provide equitable funding for orderly growth and development in Oregon�s communities and to establish that the charges may be used only for capital improvements. [1989 c.449 �1; 1991 c.902 �25; 2003 c.765 �1; 2003 c.802 �17]

�� Note: 223.297 to 223.316 were added to and made a part of 223.205 to 223.295 by legislative action, but were not added to and made a part of the Bancroft Bonding Act. See section 10, chapter 449, Oregon Laws 1989.

�� 223.299 Definitions for ORS 223.297 to 223.316. As used in ORS 223.297 to 223.316:

�� (1)(a) �Capital improvement� means facilities or assets used for the following:

�� (A) Water supply, treatment and distribution;

�� (B) Waste water collection, transmission, treatment and disposal;

�� (C) Drainage and flood control;

�� (D) Transportation; or

�� (E) Parks and recreation.

�� (b) �Capital improvement� does not include costs of the operation or routine maintenance of capital improvements.

�� (2) �Improvement fee� means a fee for costs associated with capital improvements to be constructed.

�� (3) �Reimbursement fee� means a fee for costs associated with capital improvements already constructed, or under construction when the fee is established, for which the local government determines that capacity exists.

�� (4)(a) �System development charge� means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. �System development charge� includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the local government for its average cost of inspecting and installing connections with water and sewer facilities.

�� (b) �System development charge� does not include any fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed upon a land use decision or limited land use decision. [1989 c.449 �2; 1991 c.817 �29; 1991 c.902 �26; 1995 c.595 �28; 2003 c.765 �2a; 2003 c.802 �18; 2025 c.476 �42]

�� Note: See note under 223.297.

�� 223.300 [Repealed by 1975 c.642 �26]

�� 223.301 Certain system development charges and methodologies prohibited. (1) As used in this section, �employer� means any person who contracts to pay remuneration for, and secures the right to direct and control the services of, any person.

�� (2) A local government may not establish or impose a system development charge that requires an employer to pay a reimbursement fee or an improvement fee based on:

�� (a) The number of individuals hired by the employer after a specified date; or

�� (b) A methodology that assumes that costs are necessarily incurred for capital improvements when an employer hires an additional employee.

�� (3) A methodology set forth in an ordinance or resolution that establishes an improvement fee or a reimbursement fee shall not include or incorporate any method or system under which the payment of the fee or the amount of the fee is determined by the number of employees of an employer without regard to new construction, new development or new use of an existing structure by the employer.

�� (4) A local government may not impose a system development charge for increased use of a transportation facility that results from the production of marijuana on a property located in an exclusive farm use zone.

�� (5) A local government may not impose or increase a system development charge for:

�� (a) The installation of a National Fire Protection Association 13D residential fire sprinkler system; or

�� (b) The difference between the increased capacity of a water meter required by the fire sprinkler system and the capacity of the water meter that would be required for the dwelling without the fire sprinkler system installed. [1999 c.1098 �2; 2003 c.802 �19; 2019 c.292 �1; 2025 c.83 �1]

�� Note: See note under 223.297.

�� 223.302 System development charges; use of revenues; review procedures. (1) Local governments are authorized to establish system development charges, but the revenues produced therefrom must be expended only in accordance with ORS 223.297 to 223.316. If a local government expends revenues from system development charges in violation of the limitations described in ORS 223.307, the local government shall replace the misspent amount with moneys derived from sources other than system development charges. Replacement moneys must be deposited in a fund designated for the system development charge revenues not later than one year following a determination that the funds were misspent.

�� (2) Local governments shall adopt administrative review procedures by which any citizen or other interested person may challenge an expenditure of system development charge revenues. Such procedures shall provide that such a challenge must be filed within two years of the expenditure of the system development charge revenues. The decision of the local government shall be judicially reviewed only as provided in ORS 34.010 to 34.100.

�� (3)(a) A local government must advise a person who makes a written objection to the calculation of a system development charge of the right to petition for review pursuant to ORS 34.010 to 34.100.

�� (b) If a local government has adopted an administrative review procedure for objections to the calculation of a system development charge, the local government shall provide adequate notice regarding the procedure for review to a person who makes a written objection to the calculation of a system development charge. [1989 c.449 �3; 1991 c.902 �27; 2001 c.662 �2; 2003 c.765 �3; 2003 c.802 �20]

�� Note: See note under 223.297.

�� 223.304 Determination of amount of system development charges; methodology; credit allowed against charge; limitation of action contesting methodology for imposing charge; notification request. (1)(a) Reimbursement fees must be established or modified by ordinance or resolution setting forth a methodology that is, when applicable, based on:

�� (A) Ratemaking principles employed to finance publicly owned capital improvements;

�� (B) Prior contributions by existing users;

�� (C) Gifts or grants from federal or state government or private persons;

�� (D) The value of unused capacity available to future system users or the cost of the existing facilities; and

�� (E) Other relevant factors identified by the local government imposing the fee.

�� (b) The methodology for establishing or modifying a reimbursement fee must:

�� (A) Promote the objective of future system users contributing no more than an equitable share to the cost of existing facilities.

�� (B) Be available for public inspection.

�� (2) Improvement fees must:

�� (a) Be established or modified by ordinance or resolution setting forth a methodology that is available for public inspection and demonstrates consideration of:

�� (A) The projected cost of the capital improvements identified in the plan and list adopted pursuant to ORS 223.309 that are needed to increase the capacity of the systems to which the fee is related; and

�� (B) The need for increased capacity in the system to which the fee is related that will be required to serve the demands placed on the system by future users.

�� (b) Be calculated to obtain the cost of capital improvements for the projected need for available system capacity for future users.

�� (3) A local government may establish and impose a system development charge that is a combination of a reimbursement fee and an improvement fee, if the methodology demonstrates that the charge is not based on providing the same system capacity.

�� (4) The ordinance or resolution that establishes or modifies an improvement fee shall also provide for a credit against such fee for the construction of a qualified public improvement. A �qualified public improvement� means a capital improvement that is required as a condition of development approval, identified in the plan and list adopted pursuant to ORS 223.309 and either:

�� (a) Not located on or contiguous to property that is the subject of development approval; or

�� (b) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

�� (5)(a) The credit provided for in subsection (4) of this section is only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements under subsection (4)(b) of this section may be granted only for the cost of that portion of such improvement that exceeds the local government�s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under subsection (4)(b) of this section.

�� (b) A local government may deny the credit provided for in subsection (4) of this section if the local government demonstrates:

�� (A) That the application does not meet the requirements of subsection (4) of this section; or

�� (B) By reference to the list adopted pursuant to ORS 223.309, that the improvement for which credit is sought was not included in the plan and list adopted pursuant to ORS

ORS 315.061

315.061:

�� (a) For the reasons set forth in ORS 315.061; or

�� (b) In the event that an owner or operator claims or claimed the credit, if the director finds that:

�� (A) The taxpayer has failed to continue to substantially comply with the occupational safety or health laws, rules, regulations or standards;

�� (B) After occupancy and if registration is required, the agriculture workforce housing is not registered as a farmworker camp with the Department of Consumer and Business Services under ORS 658.750;

�� (C) After occupancy and if an indorsement is required, the agriculture workforce housing is not operated by a person who holds a valid indorsement as a farmworker camp operator under ORS 658.730; or

�� (D) The taxpayer has failed to make a showing that the housing continues to be operated as agriculture workforce housing as required under subsection (4)(a) of this section and the taxpayer has not been granted a waiver by the Housing and Community Services Department under subsection (4)(b) of this section.

�� (12) In the event that the agriculture workforce housing is destroyed by fire, flood, natural disaster or act of God before all of the credit has been used, the taxpayer may nevertheless claim the credit as if no destruction had taken place. In the event of fire, if the fire chief of the fire protection district or unit determines that the fire was caused by arson, as defined in ORS 164.315 and

ORS 321.991

321.991�� Penalty

FOREST PRODUCTS HARVEST TAX

�� 321.005 Definitions for ORS 321.005 to 321.185 and 321.560 to 321.600. As used in ORS 321.005 to 321.185 and 321.560 to 321.600, unless the context requires otherwise:

�� (1) �Consumer Price Index for All Urban Consumers, West Region (All Items)� means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (2) �Forestland� means any land producing forest products.

�� (3) �Forest products� means products from harvested timber, but does not include products from short rotation fiber grown under agricultural conditions as described in ORS 321.267 (3) or 321.824 (3), western juniper or products from harvested western juniper.

�� (4) �Harvest� means the point at which timber that has been cut, severed, or removed for purposes of sale or use is first measured in the ordinary course of business as determined by reference to common practice in the timber industry.

�� (5) �Merchantable stand of timber� means any stand on forestlands containing living or dead timber which is being or can be harvested.

�� (6) �Owner of timber� means any individual or combination of individuals, partnership, firm, corporation or association of whatever nature holding title to harvested timber by virtue of:

�� (a) An instrument of conveyance;

�� (b) The harvesting of the timber; or

�� (c) The harvesting of the timber and payment therefor.

�� (7) �Taxes� means the taxes provided for in ORS 321.015.

�� (8) �Taxpayer� means the owner of timber at time of harvest.

�� (9) �Timber� means all logs which can be measured in board feet and other forest products as determined by department rule. [1953 c.375 �1; 1957 c.309 �3; 1961 c.726 �412; 1965 c.253 �139; 1967 c.429 �38; 1981 c.321 �9; 1983 c.539 �1; 1985 c.759 �5; 1993 c.653 �1; 1995 c.132 �1; 1999 c.631 �2; 2003 c.454 �125; 2003 c.621 �100a; 2025 c.581 �8]

�� 321.010 [Repealed by 1953 c.375 �38]

�� 321.011 Policy. The prevention and suppression of, and preparedness for, forest fires on forestlands for the preservation of forest resources and the continuous growth of timber on lands suitable therefor, are declared to be the public policy of the State of Oregon. The Legislative Assembly recognizes that:

�� (1) The forested areas situated within eastern Oregon predominate in Ponderosa pine trees and associated species, and that the forested areas situated within western Oregon predominate in Douglas fir and associated species;

�� (2) Because of this difference in species, different forest fire protection problems exist in eastern and western Oregon, and different logging conditions and circumstances in each necessitate varied forest practices in the disposal of forest slashings and debris; and

�� (3) Therefore, in order to give recognition to such differences and their effect on the accomplishment of the public policy stated in this section, certain classifications of forestlands within the State of Oregon are established by ORS 321.005 to 321.185 and 321.560 to 321.600. [1957 c.309 �2; 2005 c.94 �100; 2025 c.581 �5b]

�� 321.012 Public to share cost of suppressing forest fires. The Legislative Assembly finds that it is in the interest of the State of Oregon that the public as a whole share responsibility for protecting the forests of this state, by making funds available for suppression of fires. [1967 c.429 �60; 2025 c.581 �5c]

�� 321.015 Levy of privilege taxes upon harvest of timber for certain purposes; exclusion. (1) For the calendar years beginning January 1, 2026, and January 1, 2027, there is levied a privilege tax of 90.00 cents per thousand feet, board measure, upon taxpayers for the privilege of harvesting of all merchantable forest products harvested on forestlands. Subject to ORS 321.145, the proceeds of the tax shall be transferred as provided in ORS 321.152 (2) to the Forest Research and Experiment Account for use for the forest resource research, experimentation and studies described in ORS 526.215 and for the Forest Research Laboratory established under ORS

ORS 357.410

357.410. [1981 c.226 �10; 1983 c.350 �223; 1991 c.459 �386; 2001 c.104 �122; 2003 c.802 �100]

�� 357.266 [1981 c.226 �11; 1991 c.459 �387; repealed by 2023 c.173 �1]

�� 357.270 [Amended by 1975 c.476 �14; renumbered 357.195]

�� 357.271 Sinking funds for acquisition of facilities; limitation on use of funds. The board, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring land for library sites, and for acquiring or constructing buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. The balances to the credit of the funds need not be taken into consideration or deducted from budget estimates by the levying authority in preparing the annual budget of the district. None of the moneys in sinking funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the board, shall be transferred to the operation and maintenance fund of the district. [1981 c.226 �12]

�� 357.276 Deposit and disbursement of district funds. (1) The money of the district shall be deposited, in the discretion of the district board, either with the county treasurer of the county, in accordance with subsections (2) to (4) of this section, or in one or more banks or savings and loan associations to be designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the secretary and countersigned by the president of the district board. The board may by resolution designate a secretary pro tempore or a president pro tempore who may sign warrants or checks on behalf of the secretary and president, respectively.

�� (2) If district funds are deposited with the county treasurer, when the tax collector pays over to the county treasurer moneys collected for a district, the county treasurer shall keep the moneys in the county treasury as follows:

�� (a) The county treasurer shall place and keep in a fund called the operation and maintenance fund of the district (naming it) the moneys levied by the district board for that fund.

�� (b) The county treasurer shall place and keep in a fund called the construction fund of the district (naming it) the moneys levied by the board for construction, reconstruction and alteration.

�� (3) The county treasurer shall pay out moneys from the funds only upon the written order of the board, signed by the president and countersigned by the secretary. The order shall specify the name of the person to whom the money is to be paid and the fund from which it is to be paid, and shall state generally the purpose for which the payment is made. The order shall be entered in the minutes of the board.

�� (4) The county treasurer shall keep the order as a voucher, and shall keep a specific account of the county treasurer�s receipts and disbursements of money for the district. [1981 c.226 �13]

�� 357.280 [Repealed by 1953 c.300 �5]

�� 357.281 Legal assistance. The district board may call upon the district attorney for the advice as to any district business. The district attorney shall give advice when called on therefor by the board. The board may at any time employ special counsel for any purpose. [1981 c.226 �14]

�� 357.286 Retirement system for employees. A district may establish an employees� retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [1981 c.226 �15]

�� 357.290 [1965 c.378 ��1,2,3; repealed by 1975 c.476 �34]

INTERSTATE LIBRARY COMPACT

�� 357.330 Definitions for ORS 357.330 to 357.370. As used in ORS 357.330 to 357.370, except where the context otherwise requires:

�� (1) �Compact� means the Interstate Library Compact.

�� (2) �Public library agency�, with reference to this state, means the State Library or any local government unit authorized by ORS 357.410 to establish a public library, or any public library board. [1965 c.354 �1; 1975 c.476 �32]

�� 357.340 Interstate Library Compact. The Interstate Library Compact hereby is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

ARTICLE I

POLICY AND PURPOSE

�� Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

ARTICLE II

DEFINITIONS

�� As used in this compact:

�� (a) �Public library agency� means any unit or agency of local or state government operating or having power to operate a library.

�� (b) �Private library agency� means any nongovernmental entity which operates or assumes a legal obligation to operate a library.

�� (c) �Library agreement� means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

ARTICLE III

INTERSTATE LIBRARY DISTRICTS

�� (a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

�� (b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

�� (c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

�� 1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.

�� 2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same.

�� 3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

�� 4. Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the inservice training of such personnel.

�� 5. Sue and be sued in any court of competent jurisdiction.

�� 6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.

�� 7. Construct, maintain and operate a library, including any appropriate branches thereof.

�� 8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

ARTICLE IV

INTERSTATE LIBRARY DISTRICTS,

GOVERNING BOARD

�� (a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

�� (b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

ARTICLE V

STATE LIBRARY AGENCY

COOPERATION

�� Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

ARTICLE VI

LIBRARY AGREEMENTS

�� (a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

�� 1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.

�� 2. Provide for the allocation of costs and other financial responsibilities.

�� 3. Specify the respective rights, duties, obligations and liabilities of the parties.

�� 4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

�� (b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.

�� (c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact.

ARTICLE VII

APPROVAL OF LIBRARY AGREEMENTS

�� (a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of the state of the attorney general. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.

�� (b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer�s or agency�s jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

ARTICLE VIII

OTHER LAWS APPLICABLE

�� Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

ARTICLE IX

APPROPRIATIONS AND AID

�� (a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

�� (b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

ARTICLE X

COMPACT ADMINISTRATOR

�� Each state shall designate a compact administrator with whom copies of all library agreements to which the administrator�s state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon the administrator by the laws of the state of the administrator and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

ARTICLE XI

ENTRY INTO FORCE AND WITHDRAWAL

�� (a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

�� (b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

ARTICLE XII

CONSTRUCTION AND SEVERABILITY

�� This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[1965 c.354 �2]

�� Note: For ratification of the Interstate Library Compact by Idaho legislature, see chapter 252, Idaho Laws, 1965, effective May 17, 1965.

�� For ratification of the Interstate Library Compact by Washington legislature, see chapter 93 of Laws, Extraordinary Session 1965, effective August 6, 1965.

�� 357.350 Library compact administrator; deputy; library agreements to be submitted to State Librarian. The State Librarian shall be the compact administrator pursuant to Article X of the Interstate Library Compact. The State Librarian shall appoint one or more deputy compact administrators. Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the State Librarian for recommendations. [1965 c.354 �3]

�� 357.360 Compliance with laws on taxes and bonds required. No unit of local government or public library board shall be a party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c-7) of the Interstate Library Compact, nor levy a tax or issue bonds to contribute to the construction or maintenance of such a library, except after compliance with any laws applicable to public libraries relating to or governing the levying of taxes or the issuance of bonds. [1965 c.354 �4; 1975 c.476 �33]

�� 357.370 Duty of compact administrator upon withdrawal from compact. In the event of withdrawal from the Interstate Library Compact the compact administrator shall send and receive any notices required by Article XI (b) of the compact. [1965 c.354 �5]

PUBLIC LIBRARIES

�� 357.400 Definitions for ORS 357.400 to 357.621. As used in ORS 357.400 to 357.621:

�� (1) �Governing body� means the board, commission, council or other body which governs the local government unit.

�� (2) �Local government unit� means any city, county, library service district established under ORS chapter 451, school district, community college district or a library district established under ORS 357.216 to 357.286.

�� (3) �Public library� means a public agency that provides to all residents of a local government unit free and equal access to library and information services that are suitable for persons of all ages. [1955 c.432 �2; 1975 c.476 �16; 1981 c.226 �17; 1983 c.740 �119; 2019 c.158 �1]

�� 357.405 Minimum conditions for public libraries. (1) The State Library Board shall establish minimum conditions that a public library must meet.

�� (2) The conditions established under this section must, at least:

�� (a) Include financial support from public funds and regularly scheduled open hours; and

�� (b) Provide reasonable exemptions to libraries with service populations of 2,000 or fewer residents of the local government unit. [2019 c.158 �3]

�� 357.410 Authority of local government units for public libraries. Any local government unit may:

�� (1) Establish, equip and maintain a public library.

�� (2) Contract with an established public library or with a private society or corporation owning and controlling a secular or nonsectarian library for the purpose of providing free use of the library for the residents of the local government unit, under such terms and conditions as may be agreed upon.

�� (3) Contract with one or more units of local government or library boards pursuant to ORS 190.003 to 190.620 to provide jointly a public library or public library service or share in the use of facilities, under such terms and conditions as may be agreed upon.

�� (4) Enter into an interstate library agreement pursuant to Article VI of the Interstate Library Compact (ORS 357.340).

�� (5) Contract with the State Library Board for assistance in establishing, improving or extending public library service.

�� (6) Levy annually and cause to be collected, as other general taxes are collected, a tax upon the taxable property in the local government unit to provide a library fund to be used exclusively to maintain such library.

�� (7) Levy and cause to be collected, as other taxes are collected, a special tax upon the taxable property in the local government unit, or contract bonded indebtedness under the provisions of ORS chapter 287A to provide a public library building fund to be used exclusively for the purchase of real property for public library purposes and for the erection and equipping of public library buildings including branch library buildings.

�� (8) Levy or impose such other taxes as may be authorized to the unit by city charter or the charter of a home rule county. [Amended by 1955 c.432 �5; 1961 c.251 �8; 1965 c.354 �7; 1975 c.112 �1; 1975 c.476 �17; 2015 c.328 �25]

�� 357.415 [1955 c.432 �3; repealed by 1975 c.476 �34]

�� 357.417 Methods of establishing public library by local government unit. (1) A public library may be established by a local government unit by any of the following ways:

�� (a) The governing body may pass and enter upon its minutes a resolution or ordinance to the effect that a public library is established under the provisions of ORS 357.400 to 357.621.

�� (b) When a petition requesting an election on the question of establishing and supporting a public library is filed as provided in this section, the governing body shall make and enter an order for an election requesting approval by the electors of the establishment and support of a public library.

�� (c) Upon its own motion, the governing body may make and enter an order for an election requesting approval by the electors of the establishment and support of a public library.

�� (2) Except as provided in subsection (3) of this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition:

�� (a) In the case of a county, in ORS 250.165 to 250.235.

�� (b) In the case of a city, in ORS 250.265 to 250.346.

�� (c) In the case of any other local government unit, in ORS 255.135 to 255.205.

�� (3) If ORS

ORS 358.456

358.456. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

�� (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

�� (c) The order calling the election shall contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (6) of this section.

�� (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk may not accept the prospective petition for filing until the chief petitioners have paid the amount due.

�� (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

�� (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

�� (7) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by electors who reside within zones that are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [Formerly 198.981]

�� 358.460 Population within boundaries of zones in heritage districts. The board of a heritage district shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [Formerly 198.982]

�� 358.462 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change of a zone established within a heritage district must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [Formerly 198.983]

�� 358.464 Duties of heritage district board. (1) The board of a heritage district shall be the governing body of the district and shall exercise all powers thereof.

�� (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [Formerly 198.984]

�� 358.466 Powers of heritage district board. The board of a heritage district has the power:

�� (1) To have and use a common seal.

�� (2) To sue and be sued in its name.

�� (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind that, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

�� (4) To assess, levy and collect taxes to pay the costs of:

�� (a) Acquiring, constructing, reconstructing, altering, operating and maintaining heritage sites and structures;

�� (b) Acquiring by gift, purchase or other means, and preserving, historical objects, real and personal property of historical interest and records, artifacts, photographs, documents, material and data of historical importance;

�� (c) Establishing and maintaining programs for heritage societies within the district;

�� (d) Handling any lawful claims against the district; and

�� (e) Funding the operating expenses of the district.

�� (5) To employ all necessary agents and assistants.

�� (6) To call elections after the formation of the district.

�� (7) To enlarge the boundaries of the district as provided by ORS 198.705 to 198.955.

�� (8) Generally to do and perform any and all acts necessary and proper to the complete exercise and effect of any of the board�s powers or the purposes for which the district was formed.

�� (9) Whenever authorized by the electors, to issue general obligation bonds of the district. However, the aggregate amount of general obligation bonds issued and outstanding at any one time may not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207. [Formerly 198.985]

�� 358.468 [Formerly 198.986; repealed by 2023 c.173 �1]

�� 358.470 Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities. The board of a heritage district, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring historic real property and for restoration of historic buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. None of the moneys in sinking funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the board, shall be transferred to the operation and maintenance fund of the district. [Formerly 198.987]

�� 358.472 Legal counsel for heritage district. The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any purpose. [Formerly 198.988]

�� 358.474 Employees� retirement system. A heritage district may establish an employees� retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [Formerly

ORS 36.600

36.600 to 36.740.

�� (4) Notice under ORS 36.685 need be made only upon parties in interest who have participated in the arbitration proceedings. An appeal from the award may be taken only to the circuit court for the county in which the property withdrawn is located, subject to further appeal as provided in ORS chapter 19. The functions of the district for the entire preexisting area thereof shall be continued by the district until the final determination of such agreement or arbitration.

�� (5) The governing bodies of the city and a rural fire protection district, a special road district or a park and recreation district, as the case may be, may enter into a binding agreement for the joint operation of the fire protection or park and recreation facilities of each that will be beneficial to and equitable for the inhabitants and property owners of each after the withdrawal of part of such districts. [Amended by 1955 c.471 �3; 1957 c.401 �4; 1963 c.347 �5; 1965 c.509 �5; 1969 c.690 �27; 1971 c.13 �6; 2003 c.598 �38]

�� 222.540 Procedure for division of installations on withdrawal of part of water district; appeal; joint operations. (1) When a part of a water district, including a domestic water supply corporation, is withdrawn, the district shall, by action of its governing body, turn over to the city, of which the withdrawn area becomes a part, its water mains, service installations, structures, facilities, improvements and other property in the area withdrawn from the district that are not necessary for the operation of the remainder of the water control or water supply system of the district. All water mains, service installations, reservoirs, structures, facilities, improvements and other property that are necessary for the district to continue maintenance and operation of its water control or water supply system remain the property of the district, regardless of whether they are located within or without the city. If the city is not satisfied with the property division made by the district governing body, or if, within 90 days from the effective date of the withdrawal, the district governing body has failed to make a division, the city�s governing body may request the county court or board of county commissioners of the county in which the property is situated to decide upon the division.

�� (2) After giving 10 days� notice and an opportunity to be heard to the district governing body, the court or board shall, in accordance with the standards of guidance provided in this section for the district governing board, divide the property.

�� (3) The decision of the county court or board of commissioners is binding upon all parties in interest, except that an appeal may be taken therefrom for abuse of discretion in arriving at the decision to the circuit court of the county in which the property withdrawn is located within 30 days from the announcement of the decision. The functions of the district must be continued in the entire preexisting area by the district until the final determination of the division of property.

�� (4) This section does not prevent the governing bodies of the city and the district from arriving at a binding agreement for a joint operation of the water or other facilities of each that will be beneficial to and equitable for the inhabitants and property owners of each after the withdrawal of part of the water district. [Amended by 1965 c.509 �6; 2007 c.420 �2]

�� 222.550 Withdrawal of greater portion of water district; dissolution optional; transfer of property to city. When the greater portion of a water district including a domestic water supply corporation or a water control district is thus withdrawn, measured by the comparative assessed valuations of the portion withdrawn and the portion remaining in the district, the remainder of the district may dissolve in the manner provided for water districts. If dissolution is determined upon and the city agrees to furnish water or other facilities theretofore provided by the water district to the remainder of the district and if the city agrees to assume the liabilities of the district, then all assets of the district become the property of the city. A city to which the major portion of a water district has been annexed may make such agreement notwithstanding any charter or statute limitation. [Amended by 1965 c.509 �7]

�� 222.560 Procedure for division of installations on withdrawal of part of sanitary district; appeal; joint operation. (1) When a part of a sanitary district is thus withdrawn, the district shall, by action of its governing body, turn over to the city of which the withdrawn area becomes a part, its sewer lines, pumping stations, disposal and any other properties within the area withdrawn from the district that are not necessary for the operation of the remainder of the sewer system of the district. All outfall, trunk and collection lines, pumping stations, disposal and other properties which are necessary for the district to continue maintenance and operation of its sewer and disposal system shall remain the property of the district, regardless of whether they are located within or without the city. If the city is not satisfied with the division of property made by the district governing body, or if, within 90 days from the effective date of the withdrawal, the district governing body has failed to make a division, the city�s governing body may request the county court or board of county commissioners of the county in which the property is situated to decide upon such a division.

�� (3) The decision of the court or board shall be binding upon all parties in interest except that an appeal may be taken therefrom for abuse of discretion in arriving at the decision to the circuit court of the county in which the property withdrawn is located within 30 days from the announcement of the decision. The functions of the district shall be continued in the entire preexisting area thereof by the district until the final determination of the division of property.

�� (4) This section shall not prevent the governing bodies of the city and the district from arriving at a binding agreement for a joint operation of the sewer, sewage disposal or other properties of each that will be beneficial to and equitable for the inhabitants and property owners of each after the withdrawal of part of the sanitary district.

�� 222.570 Effect on metropolitan sanitary districts. ORS 222.560 shall not prevent the formation of metropolitan sanitary districts which may include cities under authority of other laws.

�� 222.575 Agreements for joint operation by city and district. The agreements referred to in ORS

ORS 371.535

371.535;

�� (g) Upon any county road for the removal of forest products as defined in ORS 321.005, or the products of such forest products converted to a form other than logs at or near the harvesting site, if:

�� (A) Such use upon the county road is pursuant to a written agreement entered into with, or to a permit issued by, the State Board of Forestry, the State Forester or an agency of the United States, authorizing such user to use such road and requiring such user to pay for or to perform the construction or maintenance of the county road;

�� (B) The board, officer or agency that entered into the agreement or granted the permit, by contract with the county court or board of county commissioners, has assumed the responsibility for the construction or maintenance of such county road; and

�� (C) Copies of the agreements or permits required by subparagraphs (A) and (B) of this paragraph are filed with the Department of Transportation;

�� (h) By a school district or education service district of this state or the contractors of a school district or education service district, for those vehicles being used to transport students;

�� (i) By a rural fire protection district organized under the provisions of ORS chapter 478;

�� (j) By any district, as defined in ORS chapter 198, that is not otherwise specifically provided for in this section; or

�� (k) By any state agency, as defined in ORS 240.855.

�� (2) An application for a refund under subsection (1) of this section shall be filed with the department within 15 months after the date the use fuel tax, for which a refund is claimed, is paid.

�� (3) The application for a refund provided by subsection (1) of this section shall include a signed statement by the applicant indicating the amount of fuel for which a refund is claimed, and the way in which the fuel was used which qualifies the applicant for a refund. If the fuel upon which the refund is claimed was obtained from a seller to whom the use fuel tax was paid, the application shall be supported by the invoices which cover the purchase of the fuel. If the applicant paid the use fuel tax directly to the department, the applicant shall indicate the source of the fuel and the date it was obtained.

�� (4) The department may require any person who applies for a refund provided by subsection (1) of this section to furnish a statement, under oath, giving the person�s occupation, description of the machines or equipment in which the fuel was used, the place where used and such other information as the department may require. [1959 c.188 ��34,35,36(1); 1961 c.542 �1; 1963 c.257 �4; 1965 c.425 �3; 1967 c.367 �3; 1971 c.118 �2; 1979 c.344 �7; 1999 c.696 �1; 2001 c.927 �1; 2013 c.781 �18; 2019 c.428 �6]

�� 319.835 Investigation of refund applications. The Department of Transportation may investigate refund applications and gather and compile such information in regard to the applications as it considers necessary to safeguard the state and prevent fraudulent practices in connection with tax refunds and tax evasions. The department may, in order to establish the validity of any application, examine the books and records of the applicant for such purposes. Failure of the applicant to accede to the demand for such examination constitutes a waiver of all rights to a refund on account of the transaction questioned. [1959 c.188 �36(2)]

�� 319.840 Enforcement; rules and regulations. The Department of Transportation hereby is charged with the enforcement of the provisions of ORS 319.510 to 319.880 and 319.990 (4), and hereby is authorized to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement thereof.

�� 319.850 Presumption of use; rules. For the purposes of the proper administration of ORS 319.510 to 319.880 and

ORS 373.010

373.010.

�� (5) �Pedestrian mall� means one or more city streets, or portions thereof, on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel.

�� (6) �Mall intersection� means any intersection of a city street constituting a part of a pedestrian mall with any street, which intersection is itself part of the pedestrian mall.

�� (7) �Intersecting street� means any street which meets or crosses a pedestrian mall at a mall intersection but includes only those portions thereof on either side of a mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a public street or highway open to vehicular traffic.

�� (8) �Assessment roll� means the assessment roll or rolls used by the county for purposes of city ad valorem taxes on real property.

�� (9) �Improvements� means the improvements referred to in ORS 376.720 (1). [1961 c.666 �2]

�� 376.710 Legislative findings; short title. (1) The Legislative Assembly hereby finds and declares that in certain areas in cities, and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The Legislative Assembly further finds and declares that such objective can, in part, be accomplished by the establishment of pedestrian malls pursuant to ORS 376.705 to 376.825.

�� (2) ORS 376.705 to 376.825 may be cited as the Pedestrian Mall Law of 1961. [1961 c.666 ��1,3]

�� 376.715 Construction of Pedestrian Mall Law; validity of proceedings. (1) ORS 376.705 to 376.825 and all of their provisions shall be liberally construed to the end that their purpose may be effective.

�� (2) Any proceedings taken pursuant to ORS 376.705 to 376.825 shall not be held invalid for failure to comply with the provisions of ORS 376.705 to 376.825, if the acts done and proceedings taken are not invalid under the state or federal Constitution. [Enacted as part of 1961 c.666 �5]

�� 376.720 Powers of city with respect to pedestrian mall. (1) The legislative body of a city shall have the power:

�� (a) To establish pedestrian malls.

�� (b) To prohibit, in whole or in part, vehicular traffic on a pedestrian mall.

�� (c) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall.

�� (d) To construct on city streets which have been or will be established as a pedestrian mall improvements of any kind or nature necessary or convenient to the operation of such city streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, child care facilities, display facilities, information booth, public assembly facilities and other structures, works or improvements necessary or convenient to serve members of the public using such pedestrian mall, including the reconstruction or relocation of existing city-owned works, improvements or facilities on such city streets.

�� (e) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on property benefited by any such improvements, the whole or any portion of the cost of such improvements.

�� (f) To do any and all other acts necessary or convenient for the accomplishment of the purposes of ORS 376.705 to 376.825, including the power to rent, lease or license to any individual firm or corporation any portion of the pedestrian mall for service concessions, commercial uses or otherwise, providing that in any term of use exceeding 60 days, the city shall first advertise for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications thereof.

�� (2) The powers granted in ORS 376.705 to 376.825 to prohibit, in whole or in part, vehicular traffic on any city street shall be in addition to and not limited by the powers granted by any other law. [1961 c.666 �4; subsection (2) enacted as part of 1961 c.666 �5; 1971 c.506 �1]

�� 376.725 Resolution for establishment of mall; general contents of resolution. When the legislative body shall determine that the public interest and convenience require the establishment of a pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to establish such pedestrian mall. Such resolution shall contain:

�� (1) The determination and declaration referred to above.

�� (2) A general description of the city streets, or portions thereof, which are proposed to be established as a pedestrian mall.

�� (3) A general description of the mall intersections.

�� (4) A general description of the intersecting streets.

�� (5) A statement that the legislative body proposes to adopt an ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall. If vehicular traffic is proposed to be prohibited only in part, the resolution shall also contain a general statement of the exceptions proposed to be made. Such exceptions may include exceptions in favor of public, emergency, utility and other classes of vehicles, may include exceptions in favor of all or certain classes of vehicles during certain days or during portions of days, and may include other exceptions of any kind or nature.

�� (6) A general statement of the source or sources of moneys proposed to be used to pay damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall.

�� (7) A day, hour and place for the hearing by the legislative body of protests and objections to the establishment of the proposed pedestrian mall, and a statement that any and all persons having any objection to the establishment of the proposed pedestrian mall may file a written protest with the city recorder at any time not later than the hour so fixed for the hearing.

�� (8) A statement that any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall may file a written claim of damages with the city recorder at any time not later than the hour so fixed for hearing; that such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant�s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed. [1961 c.666 �6]

�� 376.730 Description of proposed mall and intersecting streets. In such resolution any street may be described by referring thereto by its lawful or official name, or the name by which it is commonly known, and the pedestrian mall, the mall intersections and the intersecting streets may be described by reference to a map or plat thereof on file in the office of the city recorder. [1961 c.666 �7]

�� 376.735 Contents of resolution when landowners to be paid for damages by assessments on benefited property. In such resolution the legislative body may propose to pay the whole or any part of damages based on claims filed pursuant to ORS 376.755 (2), if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall from the proceeds of assessments levied upon lands benefited by the establishment of the pedestrian mall. In such cases the resolution shall also contain:

�� (1) General description of the district (which may consist of noncontiguous portions) within which lie the lands deemed by the legislative body to be benefited by the establishment of the proposed pedestrian mall. Such district may be described by metes and bounds.

�� (2) A statement that an assessment will be levied pursuant to ORS 376.705 to 376.825 to pay the whole or a stated portion of the damages based on claims filed pursuant to ORS

ORS 390.245

390.245. [1991 c.582 �3]

LOCAL PARKS AND RECREATION SERVICES

(Jackson County)

�� 390.250 Development of recreational use of lands by Jackson County; application for state funds. (1) In furtherance of the state policy declared in ORS 390.010, the governing body of Jackson County, Oregon, may prepare and adopt a plan to promote the public scenic, park and recreational use of lands along Bear Creek that lie within the boundaries of Jackson County. The county governing body may, in preparing any such plan, designate lands or interest in such lands situated within the county that the county and all cities described in subsection (2) of this section consider necessary for immediate or future acquisition for public use for scenic, park or recreational purposes.

�� (2) Each plan adopted under subsection (1) of this section shall be prepared in cooperation with and with the concurrence of all cities within the county that have lands within their respective boundaries that are adjacent or contiguous to Bear Creek.

�� (3) After the adoption of a plan under subsection (1) of this section, the governing body of a city in Jackson County or of Jackson County may apply to the State Parks and Recreation Department under ORS 390.255 for grants of money to be used by the city or county in the acquisition of lands or any interests therein to carry out any such plan. [1973 c.668 �1; 1989 c.904 �15]

�� 390.255 Use of funds to acquire land interests; conditions of grants. (1) The State Parks and Recreation Department may enter into agreements with cities in Jackson County and with Jackson County and make grants of money from such funds as may be available therefor to assist them in acquiring any lands or any interest therein for scenic, park and recreational purposes in accordance with a plan adopted by the governing body of Jackson County. The grants of money that may be made by the department for the acquisition of any lands or interests shall not be less than 50 percent of such acquisition cost subject to availability of funds therefor. All remaining costs, including but not limited to future operation and maintenance costs, shall be borne by the city or county in a manner satisfactory to the department. No grant of money shall be made by the department under this subsection for any lands or interests acquired by a city or county prior to July 22, 1973.

�� (2) The department may require such information, as it considers advisable, from a city or the county applying for a grant of money under ORS 390.250 (3). The department may impose such conditions on the agreements entered into under subsection (1) of this section and on the use of moneys granted pursuant thereto as the department considers necessary in carrying out the state policy declared in ORS 390.010. [1973 c.668 �2; 1989 c.904 �16]

�� 390.260 Application to Willamette River Greenway; restriction on condemnation to acquire lands. (1) Nothing in ORS 390.250 to 390.260 applies to the Willamette River Greenway created pursuant to ORS 390.310 to 390.368.

�� (2) No land to which ORS 390.250 to 390.260 are applicable shall be acquired by the exercise of the power of eminent domain. [1973 c.668 �3]

(Oregon Main Street Revitalization Grant Program)

�� 390.262 Oregon Main Street Revitalization Grant Program; duties of State Parks and Recreation Department; project proposals; conditions; rules. (1) As used in this section and ORS 390.264:

�� (a) �Area median income� means the median income for the metropolitan statistical area in which the proposed grant project is located, as determined by the Housing and Community Services Department, adjusted for household size.

�� (b) �Oregon Main Street Network� means the entity administered by the State Historic Preservation Officer designated under ORS 358.565 to provide assistance, training and technical services to communities in Oregon desiring to strengthen, preserve and revitalize their historic downtown commercial districts.

�� (c) �Rural area� means an area located entirely outside the acknowledged Portland Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban growth boundaries of cities with populations of 30,000 or more.

�� (2) There is established in the State Parks and Recreation Department the Oregon Main Street Revitalization Grant Program for the purpose of providing grants on an annual, competitive basis from the Oregon Main Street Revitalization Grant Program Fund established under ORS 390.264 to be used for the following purposes:

�� (a) To acquire, rehabilitate and construct buildings on properties in designated downtown areas statewide; and

�� (b) To facilitate community revitalization that will lead to private investment, job creation or retention, establishing or expanding viable businesses or creating a stronger tax base.

�� (3)(a) For the purpose of making grants under the program, the department shall adopt a formula that:

�� (A) Provides for grant funds to be made available statewide while concentrating funds and resources in those areas of the state with the greatest need for main street revitalization and economic development; and

�� (B) Provides that a minimum of 50 percent of available grant funds will be reserved for projects in rural areas.

�� (b) In awarding grants under the program, the department shall give priority to grant proposals for projects that are located in traditionally underserved communities, including rural areas and communities that demonstrate significant financial barriers to efforts to redevelop or rehabilitate downtown areas.

�� (4) The department shall develop criteria to determine the eligibility of grant applicants and proposed projects. The criteria must require that applicants be organizations that participate in the Oregon Main Street Network and demonstrate the past or prospective capacity to work with project leaders in designated local communities or downtown areas.

�� (5) Project proposals submitted by grant applicants may include evidence of demonstrated need for main street revitalization and economic development by providing information about the economic character of the project, including but not limited to:

�� (a) The proportion of households at or below the federal poverty rate in the targeted project location and the surrounding community;

�� (b) The area median income in the proposed project location and surrounding community;

�� (c) The percentage of renters in the proposed project location and surrounding community; and

�� (d) The percentage of persons in the proposed project location and surrounding community with weekly wages that are less than or equal to the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services.

�� (6) The State Parks and Recreation Department shall:

�� (a) Provide technical assistance and project overview and monitoring for successful grant recipients; and

�� (b) Provide regular updates to other state agencies, including but not limited to the Oregon Business Development Department and the Department of Transportation, that have an interest in the implementation and administration of the program.

�� (7) Each grant awarded under this section shall require, as a condition of receiving funding, matching funds in an amount to be determined by the State Parks and Recreation Department.

�� (8) All amounts awarded as grants must be used by recipients, for the approved purposes set forth in successful grant applications, within three years of receipt of the funds. Any funds not expended within that time period must be returned to the department for deposit in the Oregon Main Street Revitalization Grant Program Fund.

�� (9) The department shall adopt rules to implement the program and the provisions of this section. The department may consult with the Oregon Business Development Department and the Department of Transportation in adopting the rules. [2015 c.831 �1]

�� Note: 390.262 and 390.264 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 390.264 Oregon Main Street Revitalization Grant Program Fund. (1) The Oregon Main Street Revitalization Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Main Street Revitalization Grant Program Fund shall be credited to the fund.

�� (2) Moneys in the fund consist of:

�� (a) Amounts donated to the fund;

�� (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Amounts deposited in the fund;

�� (d) Investment earnings received on moneys in the fund;

�� (e) Unused grant moneys returned pursuant to ORS 390.262 (8); and

�� (f) Other amounts deposited in the fund from any source.

�� (3) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes of ORS 390.262 and to pay the administrative costs associated with the fund. [2015 c.831 �2]

�� Note: See note under 390.262.

(Ocean Shores Lifesaving Services)

�� 390.270 Definitions for ORS 390.270 to 390.290. As used in ORS 390.270 to 390.290:

�� (1) �Ocean shore� has the meaning given that term in ORS 390.605.

�� (2) �Rural fire protection district� means a district organized under or subject to ORS chapter 478. [1973 c.673 �1; 1985 c.395 �1; 1989 c.904 �17; 2001 c.104 �130]

�� 390.275 Purpose of ORS 390.270 to 390.290. (1) The purpose of ORS 390.270 to 390.290 is to encourage cities, counties and rural fire protection districts to provide lifesaving services along the ocean shore.

�� (2) Any city, county or rural fire protection district that provides lifesaving services along the ocean shore may qualify for a matching fund grant for services and capital acquisitions under ORS 390.270 to 390.290. [1973 c.673 �2; 1985 c.395 �2]

�� 390.280 Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules. In addition to the other duties of the State Parks and Recreation Department, the department shall:

�� (1) Make grants to cities, counties and rural fire protection districts to reimburse them for funds used to make capital acquisitions for and pay expenses incurred in providing lifesaving services along the ocean shore as provided in ORS 390.285 and 390.290.

�� (2) Determine the eligibility of a city, county or rural fire protection district for, and the amounts of, such matching fund grants.

�� (3) Establish and adopt minimum standards for lifesaving services at such places.

�� (4) Advise governing bodies how to acquire and qualify for matching fund grants.

�� (5) Adopt rules to carry out ORS 390.270 to 390.290. [1973 c.673 �3; 1985 c.395 �3]

�� 390.285 Application by local governing body for reimbursement; report of activities required. (1) To obtain a grant for reimbursement of the expenses incurred in providing lifesaving services along the ocean shore, a governing body of a city, county or rural fire protection district shall file with the State Parks and Recreation Department a request for reimbursement of funds used during the prior fiscal year for capital acquisitions made and to pay expenses incurred for direct program costs in providing such services. The request shall include:

�� (a) A detailed statement of the funds expended for such services or capital acquisitions during the prior fiscal year, and shall indicate the source of such funds; and

�� (b) Such other information as may be required by the department.

�� (2) To be entitled to continue to receive a grant for reimbursement as authorized by ORS

ORS 390.270

390.270 to 390.290, the city, county or rural fire protection district with its request to the department shall submit a report of the capital acquisitions made and the lifesaving services provided during the previous year. [1973 c.673 �4; 1985 c.395 �4]

�� 390.290 Schedule for reimbursement of local governing bodies. (1) Expenditures made from city, county or rural fire protection district funds to provide lifesaving services along the ocean shore shall be reimbursed by the State Parks and Recreation Department in accordance with this section.

�� (2) Within the limit of the funds available therefor, there shall be paid to an applicant city, county or rural fire protection district, on account of expenditures subject to reimbursement, 75 percent of any amount in excess of $5,000 so expended from the funds of the applicant in the prior fiscal year.

�� (3) Upon approval of a request of a governing body, the department shall enter into a matching fund relationship to reimburse the funds used to pay expenses of providing such lifesaving services.

�� (4) When approved by the department, claims by a city or county for reimbursement under subsections (2) and (3) of this section shall be presented for payment and paid from the City and County Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid; however, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS 390.270 to 390.290, the department shall prorate the available funds among the grants approved.

�� (5) When approved by the department, claims by a rural fire protection district under subsections (2) and (3) of this section shall be presented for payment and paid from the Fire Protection District Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid. However, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS 390.270 to 390.290, the department shall prorate the available funds among the grants approved. [1973 c.673 �5; 1985 c.395 �5; 1989 c.904 �62]

(Willamette Falls Park)

�� 390.292 Willamette Falls Park Fund. (1) The Willamette Falls Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Willamette Falls Park Fund shall be credited to the fund. The Willamette Falls Park Fund consists of moneys deposited in the fund under section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.

�� (2) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes described in section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon Laws 2015. [2013 c.786 �10; 2015 c.812 �31]

�� Note: 390.292 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Tillamook State Forest Recreation Program)

�� 390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department. The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. [1991 c.889 �3]

�� Note: 390.295 and 390.300 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 390.300 Tillamook Forest Recreation Trust Account; sources; uses. (1) The Tillamook Forest Recreation Trust Account is established as a subaccount in the Parks Donation Trust Fund established pursuant to ORS 390.153. All gifts or donations of money received by the state for purposes of developing or implementing the recreation plan described in section 1, chapter 889, Oregon Laws 1991, shall be deposited with the State Treasurer and credited to the subaccount.

�� (2) Moneys in the Tillamook Forest Recreation Trust Account subaccount are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no purpose is specified, for purposes consistent with the recreation plan established under ORS 390.295 and this section. [1991 c.889 �5]

�� Note: See note under 390.295.

(Forest Park)

�� 390.303 Reconnect Forest Park Fund. (1) The Reconnect Forest Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Reconnect Forest Park Fund shall be credited to the fund. The Reconnect Forest Park Fund consists of moneys deposited in the fund under section 32, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.

�� (2) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes described in section 32, chapter 812, Oregon Laws 2015. [2015 c.812 �33]

�� Note: 390.303 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Salmonberry Trail)

�� 390.305 Salmonberry Trail; plan; coordination. (1) The State Parks and Recreation Department and the State Forestry Department shall, in cooperation with other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop a plan to construct a trail along or adjacent to the portion of the former Pacific Railway and Navigation Company line between Banks and Tillamook, to be known as the Salmonberry Trail. The plan shall identify and address:

�� (a) Options for the development, maintenance and operation of each trail segment, and the costs associated with the development, maintenance and operation, that:

�� (A) Take into account the existing uses of the land where trail segments are to be constructed, including active rail use;

�� (B) Ensure that the designation of trail segments will not affect surrounding private property rights, including rights of way and easements, or require management of privately owned lands in a manner different from that required under the Oregon Forest Practices Act;

�� (C) Ensure that the development, maintenance and operation of the trail segments do not affect active management of lands for their intended purposes as provided under ORS

ORS 390.575

390.575 and 390.577.

�� (3) The moneys transferred from the Department of Transportation under ORS 802.125 that represent unrefunded fuel tax. [1999 c.977 �3; 2007 c.887 �10; 2011 c.360 �7a]

�� 390.560 Uses of All-Terrain Vehicle Account. Moneys in the All-Terrain Vehicle Account established under ORS 390.555 shall be used for the following purposes only:

�� (1) In each 12-month period, no less than 10 percent of the moneys described in ORS 390.555 that are attributable to Class I all-terrain vehicles shall be transferred to the Department of Transportation for the development and maintenance of snowmobile facilities as provided in ORS 802.110;

�� (2) Planning, promoting and implementing a statewide all-terrain vehicle program, including the acquisition, development and maintenance of all-terrain vehicle recreation areas;

�� (3) Education and safety training for all-terrain vehicle operators;

�� (4) Provision of first aid and police services related to all-terrain vehicle recreation;

�� (5) Paying the costs of instigating, developing or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas for all-terrain vehicles;

�� (6) Paying the costs of coordinating between all-terrain vehicle user groups and the managers of public lands;

�� (7) Paying the costs of providing consultation and guidance to all-terrain vehicle user programs;

�� (8) Paying the costs of administration of the all-terrain vehicle programs, including staff support provided under ORS 390.565 as requested by the All-Terrain Vehicle Advisory Committee;

�� (9) Paying the costs of law enforcement activities related to the operation of all-terrain vehicles. The State Parks and Recreation Department shall determine the amount required for law enforcement activities and the intervals at which the moneys shall be distributed. The funds available shall be apportioned according to the terms of an intergovernmental agreement entered into between the State Parks and Recreation Department and a city, the Department of State Police or the sheriff of a county; and

�� (10) Control and eradication of invasive species related to all-terrain vehicle recreation. [1999 c.977 �4; 2005 c.22 �267; 2007 c.887 �9; 2009 c.812 �1; 2009 c.825 �5; 2011 c.360 �8]

�� 390.565 All-Terrain Vehicle Advisory Committee; appointment; term; duties. (1) The All-Terrain Vehicle Advisory Committee is established. The committee shall consist of 16 voting members and one nonvoting member appointed by the State Parks and Recreation Commission for a term of four years. Members are eligible for reappointment and vacancies may be filled by the commission. A majority of members constitutes a quorum for the transaction of business.

�� (2) Of the voting members of the committee:

�� (a) One shall be a representative of a Class I all-terrain vehicle user organization.

�� (b) One shall be a representative of a Class II all-terrain vehicle user organization.

�� (c) One shall be a representative of a Class III all-terrain vehicle user organization.

�� (d) One shall be a representative of a Class IV all-terrain vehicle user organization.

�� (e) One shall be an all-terrain vehicle dealer.

�� (f) One shall be an at-large all-terrain vehicle user.

�� (g) One shall be a representative of the United States Forest Service who is knowledgeable about all-terrain vehicle recreation areas on federal lands.

�� (h) One shall be a representative of the Bureau of Land Management who is knowledgeable about all-terrain vehicle recreation areas on federal lands.

�� (i) One shall be a representative of the Department of Transportation who is knowledgeable about transportation safety.

�� (j) One shall be a representative of the State Forestry Department who is knowledgeable about all-terrain vehicle recreation areas on state lands.

�� (k) One shall be a representative of the Department of Human Services who is knowledgeable about public health and safety.

�� (L) One shall be a representative of a law enforcement agency who is knowledgeable about and active in enforcement of all-terrain vehicle laws.

�� (m) One shall be a representative of the State Department of Fish and Wildlife who is knowledgeable about all-terrain vehicle activities and the use of all-terrain vehicles in hunting and fishing.

�� (n) One shall be a person who represents persons with disabilities.

�� (o) One shall be a representative of a rural fire protection district.

�� (p) One shall be a representative of emergency medical services providers.

�� (3) One representative from the State Parks and Recreation Department shall be a nonvoting member of the committee.

�� (4) The committee shall:

�� (a) Review accidents and fatalities resulting from all-terrain vehicle recreation and make recommendations to the State Parks and Recreation Commission.

�� (b) Review changes to statutory vehicle classifications as necessary for safety considerations and make recommendations to the commission.

�� (c) Review safety features of all classes of off-highway vehicles and make recommendations to the commission.

�� (d) Recommend appropriate safety requirements to protect child operators and riders of off-highway vehicles to the commission.

�� (5)(a) A subcommittee of the All-Terrain Vehicle Advisory Committee, titled the All-Terrain Vehicle Grant Subcommittee, is established.

�� (b) The All-Terrain Vehicle Grant Subcommittee shall consist of the following members:

�� (A) The representative of a Class I all-terrain vehicle user organization.

�� (B) The representative of a Class II all-terrain vehicle user organization.

�� (C) The representative of a Class III all-terrain vehicle user organization.

�� (D) The representative of a Class IV all-terrain vehicle user organization.

�� (E) The at-large all-terrain vehicle user.

�� (F) The representative of a law enforcement agency.

�� (G) The representative of persons with disabilities.

�� (c) The All-Terrain Vehicle Grant Subcommittee shall:

�� (A) Advise the State Parks and Recreation Department on the allocation of moneys in the All-Terrain Vehicle Account established by ORS 390.555; and

�� (B) Review grant proposals and make recommendations to the commission as to which projects should receive grant funding.

�� (d) Recommendations on grant proposals under this subsection must receive an affirmative vote from at least four of the members of the grant subcommittee.

�� (6) The State Parks and Recreation Department shall establish and operate an outreach program to inform law enforcement agencies, rural fire protection districts and emergency medical services providers about the grant process and the grant opportunities available under this section and to provide clarification and answer questions about the grant application process.

�� (7) The State Parks and Recreation Department shall provide staff support for the committee and shall provide for expansion of programs for all-terrain vehicle users. [1999 c.977 �5; 2009 c.812 �2; 2011 c.360 �9; 2015 c.435 �1]

�� 390.570 Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who:

�� (a) Has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle; or

�� (b) Is at least 16 years of age, has five or more years of experience operating a Class I all-terrain vehicle and passes an equivalency examination.

�� (2) The department shall adopt rules to provide for Class I all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class I all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

�� (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

�� (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

�� (c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 �6; 2007 c.887 �11]

�� 390.575 Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who:

�� (a) Has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle; or

�� (b) Is at least 16 years of age, has five or more years of experience operating a Class III all-terrain vehicle and passes an equivalency examination.

�� (2) The department shall adopt rules to provide for Class III all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class III all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

�� (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

�� (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

�� (c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 �7; 2007 c.887 �12]

�� 390.577 Class IV all-terrain vehicle operator permit; rules; fees. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class IV all-terrain vehicle operator permit to any person who has taken a Class IV all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class IV all-terrain vehicle.

�� (2) The department shall adopt rules to provide for Class IV all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class IV all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

�� (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

�� (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

�� (c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [2011 c.360 �6b]

�� 390.580 All-terrain vehicle operating permit; rules; application; fees; renewal. (1)(a) An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority.

�� (b) An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly visible manner. The State Parks and Recreation Department shall prescribe by rule the manner in which the decal shall be displayed.

�� (2) The department shall issue an all-terrain vehicle off-road operating permit to any person who completes the application described in subsection (4) of this section and pays the fee specified in subsection (5) of this section.

�� (3) The department shall specify by rule the form of the permit and the information to be contained on the permit.

�� (4) Application for an all-terrain vehicle off-road operating permit for a Class I, Class II, Class III or Class IV all-terrain vehicle shall be in a form furnished by the department. The application shall include:

�� (a) The name and address of the owner of the all-terrain vehicle; and

�� (b) The make and body style of the all-terrain vehicle for which application is made.

�� (5) The department shall establish by rule a fee for a permit issued or renewed under this section. The fee shall be designed to cover the costs to the department for issuing or renewing permits under this section but shall not exceed $10.

�� (6) Permits issued under this section are valid for two years. A permit may be renewed upon submission of an application that contains the information specified in subsection (4) of this section and payment of the renewal fee specified in subsection (5) of this section.

�� (7) The department may appoint agents to issue permits for all-terrain vehicles. The department shall prescribe the procedure for the issuance of the permits. Agents appointed under this subsection shall issue permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed in this section for the permits. [1999 c.977 �8; 2011 c.360 �10]

�� 390.585 Rules. (1) The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by ORS

ORS 421.205

421.205, 421.210, 421.215 and 421.220. [Amended by 1955 c.309 �5; 1959 c.687 �16; 1969 c.502 �20]

�� 421.229 Transfer of foreign adults in custody; authority of Governor; written approval of adult in custody. When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted criminal offender who is a citizen or national of a foreign country to the foreign country of which the offender is a citizen or national, the Governor is authorized to act, in accordance with the treaty, on behalf of the State of Oregon and to approve the transfer of the convicted criminal offender, provided that such offender approves of the transfer in writing. [1979 c.486 �5]

�� Note: 421.229 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 421.230 [Amended by 1959 c.687 �17; renumbered 421.150]

�� 421.232 [1955 c.636 �4; 1961 c.424 �7; renumbered 421.155]

�� 421.233 [1955 c.636 �8; 1961 c.424 �8; renumbered 421.160]

�� 421.235 [Repealed by 1957 c.160 �6]

�� 421.237 [1955 c.254 �2; repealed by 1957 c.160 �6]

�� 421.239 [1955 c.59 �1; 1959 c.687 �18; renumbered 421.165]

�� 421.240 [Amended by 1953 c.111 �3; renumbered 421.270]

INTERSTATE CORRECTIONS COMPACT

�� 421.245 Interstate Corrections Compact. The Interstate Corrections Compact is enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

PURPOSE AND POLICY

�� The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II

DEFINITIONS

�� As used in this compact, unless the context clearly requires otherwise:

�� (1) �State� means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico.

�� (2) �Sending state� means a state party to this compact in which conviction or court commitment was had.

�� (3) �Receiving state� means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

�� (4) �Inmate� means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

�� (5) �Institution� means any penal or correctional facility, including but not limited to a facility for persons with mental illness or intellectual disabilities, in which inmates as defined in subsection (4) of this Article may lawfully be confined.

ARTICLE III

CONTRACTS

�� (1) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

�� (a) Its duration.

�� (b) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

�� (c) Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.

�� (d) Delivery and retaking of inmates.

�� (e) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

�� (2) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

�� (1) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

�� (2) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

�� (3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided, that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

�� (4) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

�� (5) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

�� (6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

�� (7) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

�� (8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

�� (9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION

�� (1) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

�� (2) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained in this compact shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

�� Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

�� This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

�� This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

�� Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

�� The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[1979 c.486 �1; 2013 c.360 �64]

�� Note: 421.245 to 421.254 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 421 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 421.250 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1979 c.486 �2; 1987 c.320 �186]

�� Note: See note under 421.245.

�� 421.254 Priority of corrections compacts. Whenever any state that is a party to the Western Interstate Corrections Compact becomes a party to the Interstate Corrections Compact, this state will perform its duty toward that state under the Interstate Corrections Compact instead of under the Western Interstate Corrections Compact in so far as the two compacts conflict. [1979 c.486 �3]

�� Note: See note under 421.245.

�� 421.255 [1955 c.660 �6; 1959 c.550 �1; repealed by 1965 c.616 �101]

�� 421.260 [1955 c.660 �7; 1959 c.550 �2; repealed by 1965 c.616 �101]

�� 421.265 [1955 c.660 �8; 1959 c.550 �3; repealed by 1965 c.616 �101]

�� 421.270 [Formerly 421.240; repealed by 1959 c.550 �4]

WESTERN INTERSTATE CORRECTIONS COMPACT

�� 421.282 Definitions for ORS 421.282 to 421.294. As used in ORS 421.282 to 421.294, unless the context requires otherwise:

�� (1) �Compact� means the Western Interstate Corrections Compact as set forth in ORS 421.284.

�� (2) �Inmate,� �institution� and �state� have the meanings defined in Article II of the compact. [1959 c.290 �2]

�� 421.284 Western Interstate Corrections Compact. The Western Interstate Corrections Compact hereby is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

ARTICLE I

PURPOSE AND POLICY

�� The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.

ARTICLE II

DEFINITIONS

�� As used in this compact, unless the context clearly requires otherwise:

�� (a) �State� means a state of the United States or, subject to the limitation contained in Article VII, Guam.

�� (b) �Sending state� means a state party to this compact in which conviction was had.

�� (c) �Receiving state� means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.

�� (d) �Inmate� means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

�� (e) �Institution� means any prison, reformatory or other correctional facility (including but not limited to a facility for persons with mental illness or intellectual disabilities) in which inmates may lawfully be confined.

ARTICLE III

CONTRACTS

�� (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

�� 1. Its duration.

�� 2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

�� 3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

�� 4. Delivery and retaking of inmates.

�� 5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

�� (b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

�� (c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

PROCEDURES AND RIGHTS

�� (a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

�� (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

�� (c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

�� (d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

�� (e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

�� (f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.

�� (g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

�� (h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the status of the inmate changed on account of any action or proceeding in which the inmate could have participated if confined in any appropriate institution of the sending state located within such state.

�� (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in the exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V

ACTS NOT REVIEWABLE IN RECEIVING STATE: EXTRADITION

�� (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

�� (b) An inmate who escapes from an institution in which the inmate is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

FEDERAL AID

�� Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII

ENTRY INTO FORCE

�� This compact shall enter into force and become effective and binding upon the state so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.

ARTICLE VIII

WITHDRAWAL AND TERMINATION

�� This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX

OTHER ARRANGEMENTS UNAFFECTED

ARTICLE X

CONSTRUCTION AND SEVERABILITY

[1959 c.290 �3; 2005 c.22 �296; 2013 c.360 �65]

�� 421.286 Commitments or transfers of inmates to institution in another state. Any court, agency or officer of this state having power to commit or transfer an inmate to an institution for confinement may commit or transfer the inmate to any institution in another state if this state has entered into a contract for the confinement of inmates in an institution of the other state pursuant to Article III of the compact. [1959 c.290 �4]

�� 421.288 Enforcing and administering compact. All courts, agencies and officers of this state or any political subdivision therein shall enforce the compact and carry out its provisions including, but not limited to, making and submitting such reports as the compact requires. [1959 c.290 �5]

�� 421.290 Hearings by director. (1) The Director of the Department of Corrections shall hold such hearings as are requested by another state pursuant to Article IV (f) of the compact. ORS chapter 183 does not apply to these hearings, which shall be conducted in compliance with Article IV (f) of the compact.

�� (2) The cost of any hearing conducted under subsection (1) of this section shall be paid out of the Department of Corrections Revolving Fund. Reimbursements received from the state that requested the hearing shall be paid into the revolving fund. [1959 c.290 �6; 1965 c.616 �55; 1969 c.597 �135; 1987 c.320 �187]

�� 421.292 Hearings in another state. (1) The State Board of Parole and Post-Prison Supervision may hold hearings in another state in connection with the case of an inmate confined in an institution of another state that is a party to the compact, or may request a hearing to be held by officers of the other state under Article IV (f) of the compact.

�� (2) The cost of any hearing conducted under subsection (1) of this section shall be paid by the Department of Corrections out of money appropriated to the department for the purpose of paying lawful expenses of the department. [1959 c.290 �7; 1969 c.597 �136; 1983 c.740 �147; 1987 c.320 �188]

�� 421.294 Contracts to implement compact. The Department of Corrections may enter into any contracts on behalf of this state, not prohibited by any law of this state, as it considers appropriate to implement the participation of this state in the compact pursuant to Article III thereof. However, the department shall not enter into any contract:

�� (1) Relating to commitments or transfers of children who are under 12 years of age;

�� (2) Providing for commitments or transfers of inmates from another state who are 19 years of age or older to a youth correction facility, as defined in ORS 420.005; or

�� (3) Providing for commitments or transfers of youths in this state who are under 17 years of age to an institution in another state if any of the inmates in that institution are 21 years of age or older. [1959 c.290 �8; 1987 c.320 �189; 1996 c.4 �6; 2001 c.295 �14]

INTERSTATE FOREST FIRE SUPPRESSION COMPACT

�� 421.296 Interstate Forest Fire Suppression Compact. The Interstate Forest Fire Suppression Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

ARTICLE I

Purpose

�� The purpose of this compact is to provide for the development and execution of programs to facilitate the use of offenders in the forest fire suppression efforts of the party states for the ultimate protection of life, property and natural resources in the party states. The purpose of this compact is also, in emergent situations, to allow a sending state to cross state lines with an inmate when, because of weather or road conditions, it is necessary to cross state lines to facilitate the transport of an inmate.

ARTICLE II

Definitions

�� (1) �Sending state� means a state party to this compact from which a fire suppression unit is traveling.

�� (2) �Receiving state� means a state party to this compact to which a fire suppression unit is traveling.

�� (3) �Inmate� means a male or female offender who is under sentence to or confined in a prison or other correctional institution.

�� (4) �Institution� means any prison, reformatory, honor camp or other correctional facility, except facilities for persons with mental illness or intellectual disabilities, in which inmates may lawfully be confined.

�� (5) �Fire suppression unit� means a group of inmates selected by the sending states, corrections personnel and any other persons deemed necessary for the transportation, supervision, care, security and discipline of inmates to be used in forest fire suppression efforts in the receiving state.

�� (6) �Forest fire� means any fire burning in any land designated by a party state or the federal land management agencies as forestland.

ARTICLE III

Contracts

�� (1) Each party state may make one or more contracts with any one or more of the other party states for the assistance of one or more fire suppression units in forest fire suppression efforts. Any such contract shall provide for matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

�� (2) The terms and provisions of this compact shall be part of any contract entered into by the authority of, or pursuant to, this compact. Nothing in any such contract may be inconsistent with this compact.

ARTICLE IV

Procedures and Rights

�� (1) Each party state shall appoint a liaison for the coordination and deployment of the fire suppression units of each party state.

�� (2) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, which has entered into a contract pursuant to this compact, decide that the assistance of a fire suppression unit of a party state is required for forest fire suppression efforts, the authorities may request the assistance of one or more fire suppression units of any state party to this compact through an appointed liaison.

�� (3) Inmates who are members of a fire suppression unit shall at all times be subject to the jurisdiction of the sending state and at all times shall be under the ultimate custody of corrections officers duly accredited by the sending state.

�� (4) The receiving state must make adequate arrangements for the confinement of inmates who are members of a fire suppression unit of a sending state in the event corrections officers duly accredited by the sending state make a discretionary determination that an inmate requires institutional confinement.

�� (5) Cooperative efforts shall be made by corrections officers and personnel of the receiving state located at a fire camp with the corrections officers and other personnel in the establishment and maintenance of fire suppression unit base camps.

�� (6) All inmates who are members of a fire suppression unit of a sending state shall be cared for and treated equally with such similar inmates of the receiving state.

�� (7) Further, in emergent situations, a sending state shall be granted authority and all the protections of this compact to cross state lines with an inmate when, because of road conditions, it is necessary to facilitate the transport of an inmate.

ARTICLE V

Acts Not Reviewable

in Receiving State: Extradition

�� (1) If while located within the territory of a receiving state there occurs against the inmate within such state any criminal charge or if the inmate is suspected of committing within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

�� (2) An inmate member of a fire suppression unit of the sending state who is deemed to have escaped by a duly accredited corrections officer of a sending state shall be under the jurisdiction of both the sending state and the receiving state. Nothing contained in this Article shall be construed to prevent or affect the activities of officers and guards of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI

Entry into Force

�� This compact shall enter into force and become effective and binding upon approval of this compact by at least two of the states from among the States of Idaho, Oregon and Washington.

ARTICLE VII

Withdrawal and Termination

ARTICLE VIII

Other Arrangements Unaffected

�� Nothing contained in this compact shall be construed to abrogate or impair any agreement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

ARTICLE IX

Construction and Severability

[1991 c.302 �2; 2013 c.360 �66]

�� 421.297 Powers of Governor; delegation of authority. The Governor is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and the Governor may in the discretion of the Governor delegate this authority to the Director of the Department of Corrections. [1991 c.302 �3]

�� 421.298 Duties of State Forester. The State Forester shall make reasonable efforts to use local available crews within Oregon before calling on fire suppression units from other states. [1991 c.302 �4]

INSTITUTIONAL INDUSTRIES

AND COMMODITIES

�� 421.305 Establishment of industries in institutions; authority of Oregon Corrections Enterprises; rules; fees. (1) Subject to the authority of the Director of the Department of Corrections over care, custody and control of adults in custody and of corrections institutions, in carrying out the powers and duties generally described by ORS

ORS 430.620

430.620 (1)(a).

�� (d) �Community mental health program� means a program established under ORS 430.620 (1)(b).

�� (2) The State Fire Marshal shall provide training in fire safety inspection to the Department of Human Services, area agencies, the Oregon Health Authority, community mental health programs, community developmental disabilities programs and designees of the Long Term Care Ombudsman and the Residential Facilities Ombudsman.

�� (3) If an adult foster home has been inspected by the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a community developmental disabilities program and the agency conducting the inspection reasonably believes that the adult foster home is not in compliance with applicable fire safety rules, the agency conducting the inspection may request that the State Fire Marshal inspect or cause an inspection to be made.

�� (4) If a designee of the Long Term Care Ombudsman or the Residential Facilities Ombudsman, in the course of visiting an adult foster home, believes that the adult foster home is not in compliance with applicable fire safety rules, the designee shall report the problem to the appropriate agency to request a fire safety inspection by the State Fire Marshal or by a designated representative of the State Fire Marshal.

�� (5) Upon the request of the Department of Human Services, the Oregon Health Authority, an area agency, a community mental health program or a community developmental disabilities program, the State Fire Marshal shall inspect or cause an inspection to be made to determine if the adult foster home is in compliance with rules jointly adopted by the Department of Human Services and the State Fire Marshal establishing fire safety standards for adult foster homes. [2025 c.177 �4]

�� Note: 476.032 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.033 Discretionary powers of State Fire Marshal. The State Fire Marshal may:

�� (1) Establish headquarters and regional offices of the Department of the State Fire Marshal at places the State Fire Marshal considers advisable for the protection of this state;

�� (2) Operate, and authorize chief deputy state fire marshals, deputy state fire marshals and assistants of the department to own and operate, emergency response vehicles;

�� (3) Use land and buildings for the accommodation of department employees and department vehicles and equipment;

�� (4) Contract or otherwise cooperate with any person or public agency for the procurement of necessary services or property, including by entering into lease agreements and taking title to real property as necessary for the performance of the duties of the department;

�� (5) As the head of an emergency services agency, purchase and dispose of or contract for any materials, supplies, equipment or motor vehicles deemed necessary for carrying out the duties and authorities of the State Fire Marshal and the department;

�� (6) Accept and distribute gifts, grants, donations and funds from any source, including services and property, to carry out the duties and authorities of the State Fire Marshal; and

�� (7) Perform such other duties as required by law. [Formerly 476.855; 2015 c.131 �2; 2023 c.347 �1; 2025 c.177 �5]

�� Note: 476.033 was added to and made a part of ORS chapter 476 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 476.035 Adjustments and variances in application of statutes and regulations. When the State Fire Marshal finds that practical difficulties, unnecessary hardship or consequences inconsistent with the general purposes of statutes and regulations administered by the State Fire Marshal relating to fire protection and fire prevention may result under the provisions of such statutes and regulations, the State Fire Marshal may upon receipt of a verified application from the owner or occupant of the property affected stating fully the grounds of the application and facts relied upon, and upon further investigation, grant adjustments or variances with such conditions and safeguards as the State Fire Marshal may determine in harmony with the general purpose and intent and spirit of such fire protection and fire prevention statutes and regulations, so that the public health, safety and welfare shall be secured and substantial justice done. Such adjustments or variances shall be restricted to unique, unusual or peculiar circumstances or substitute materials or arrangements. The State Fire Marshal may refer the application to a regional appeal advisory board created under ORS 476.113 and

ORS 431A.050

431A.050.

�� (2) The State Fire Marshal shall serve as executive director of the council, but is not a member. The council shall meet at least quarterly. The council shall select a chairperson and vice chairperson at the first council meeting of each odd-numbered year. The council may elect additional officers as the council determines to be reasonable and necessary.

�� (3) In addition to the ex officio members identified in subsection (1) of this section, the Governor may designate a representative of the Governor to serve as a nonvoting member. The Governor may also appoint not more than 12 members to serve on the council for three-year terms. Initial terms of the appointed members may be adjusted to promote council stability. An appointed member may not serve more than two consecutive terms. A member appointed by the Governor must be a representative of one of the following:

�� (a) The Oregon Fire Chiefs Association or a successor or other organization representing fire chiefs.

�� (b) The Oregon Fire District Directors Association or a successor or other organization representing fire district directors.

�� (c) The Oregon Fire Marshals Association or a successor or other organization representing fire marshals.

�� (d) Property and casualty insurance providers.

�� (e) Employees of the Department of the State Fire Marshal.

�� (f) The Oregon State Fire Fighters Council or a successor or other organization representing professional firefighters.

�� (g) The Oregon Volunteer Firefighters Association or a successor or other organization representing volunteer firefighters.

�� (h) The League of Oregon Cities or a successor or other organization representing municipalities.

�� (i) The Special Districts Association of Oregon or a successor or other organization representing fire districts.

�� (j) A representative of a structural fire response agency of a federally recognized Oregon Indian tribe.

�� (k) The Oregon Fire Service Office Administrators or a successor or other organization representing administrative personnel that serves Oregon fire service agencies.

�� (L) The general public.

�� (4) Notwithstanding the term of office specified in subsection (3) of this section, the initial term of a member appointed by the Governor may be adjusted to limit the number of member terms expiring in the same year.

�� (5) To the extent funding is available from moneys appropriated to the Department of the State Fire Marshal, a member of the council is entitled to compensation and expenses as provided in ORS 292.495.

�� (6) The council shall advise the Governor and the State Fire Marshal on fire policy issues and strategies for the implementation of fire and life safety issues. The council may initiate advice to the State Fire Marshal and the Governor on any matter related to the mission of the council. The council may not participate in the discussion of traditional labor relations issues.

�� (7) The Department of the State Fire Marshal shall provide staff services to the council. All agencies, departments and officers of this state are directed to assist the council in the performance of its functions and to furnish information and advice as the council considers necessary. [2001 c.647 �1; 2011 c.9 �66; 2021 c.539 �131; 2025 c.177 �8]

�� Note: 476.680 and 476.685 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.

�� 476.685 Biennial reports. The Governor�s Fire Service Policy Council shall provide a biennial report to the Governor on the council�s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities for improvement. [2001 c.647 �2; 2021 c.539 �132; 2025 c.177 �9]

�� Note: See note under 476.680.

WILDFIRE PROGRAMS

�� 476.687 State Wildfire Programs Director. (1) The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor.

�� (2) The duties of the director shall include:

�� (a) Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021.

�� (b) Coordinating and integrating activities of state agencies and other entities that are required or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effectiveness of the activities.

�� (c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.

�� (d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and the equity of those financial impacts among the jurisdictions.

�� (e) Supervising staffing of the Wildfire Programs Advisory Council.

�� (f) Reporting at least every 90 days to the Governor, the President of the Senate, the Speaker of the House of Representatives and the chairs of relevant committees and interim committees of the Legislative Assembly to summarize progress on implementing the activities, note obstacles and opportunities and catalog possibilities for future improvements to further reduce wildfire risk in this state.

�� (g) Exploring additional opportunities to reduce wildfire risk, including but not limited to engaging with:

�� (A) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates and any other topics relevant to enhancing the protection of property from wildfire at a reasonable cost.

�� (B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers and promote electrical system resilience to wildfire damage.

�� (C) Congressional delegations and federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies.

�� (h) Collaborating with the State Resilience Officer and participating in any relevant emergency preparedness advisory councils. [2021 c.592 �35; 2025 c.590 �9]

�� Note: 476.687 and 476.690 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Legislative Counsel has substituted �chapter 592, Oregon Laws 2021,� for the words �this 2021 Act� in section 35, chapter 592, Oregon Laws 2021, compiled as 476.687. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.

�� 476.690 Wildfire Programs Advisory Council. (1) As used in this section:

�� (a) �Defensible space� means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur.

�� (b) �Wildland-urban interface� has the meaning given that term in ORS 477.015.

�� (2) There is established a Wildfire Programs Advisory Council to advise and assist the State Wildfire Programs Director by:

�� (a) Closely monitoring implementation of activities related to wildfire prevention and response, including receiving and evaluating agency reports related to wildfire prevention and response.

�� (b) Providing advice on potential changes to the activities in order to fulfill the goal of dramatically reducing wildfire risk in this state and ensuring that regional defensible space, building codes and land use applications are appropriate.

�� (c) Strengthening intergovernmental and multiparty collaboration and enhancing collaboration between governments and stakeholders on an ongoing basis.

�� (d) Developing strategies to enhance collaboration among governmental bodies and the general public.

�� (e) Reviewing Department of Land Conservation and Development findings and recommendations in the report required by section 11, chapter 592, Oregon Laws 2021, and making additional recommendations related to potential updates to the statewide land use planning program, local comprehensive plans and zoning codes to incorporate wildfire hazard maps and minimize wildfire hazards to people, public and private property, businesses, infrastructure and natural resources.

�� (3) The council is not a decision-making body but instead is established to provide advice, assistance, perspective, ideas and recommendations to the State Wildfire Programs Director.

�� (4) The President of the Senate and Speaker of the House of Representatives shall jointly appoint 21 members to the council as follows:

�� (a) One member who represents county government.

�� (b) One member who is a land use planning director of a county that is wholly or partially within the wildland-urban interface.

�� (c) One member who represents city government.

�� (d) One member who is a land use planning director of a city that is wholly or partially within the wildland-urban interface.

�� (e) One member who represents fire chiefs and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (f) One member who represents fire marshals and has experience with community risk reduction and prevention of structural fire within the wildland-urban interface.

�� (g) One member who represents firefighters and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (h) One member who represents rural residential property owners whose property is wholly or partially within the wildland-urban interface.

�� (i) One member who represents farming property owners whose property is wholly or partially within the wildland-urban interface.

�� (j) One member who represents ranching property owners whose property is wholly or partially within the wildland-urban interface.

�� (k) One member who represents forestland owners whose property is wholly or partially within the wildland-urban interface.

�� (L) One member who represents federally recognized Indian tribes with land wholly or partially within the wildland-urban interface.

�� (m) One member who represents a utility company.

�� (n) One member who represents environmental interests.

�� (o) One member who represents forest resiliency interests.

�� (p) One member who represents state or regional land use planning organizations.

�� (q) One member who represents land and housing development interests or real estate industry interests.

�� (r) One member who represents public health professionals.

�� (s) One member who represents the environmental justice community.

�� (t) One member who represents the structural fire service and who has experience with managing, fighting or preventing wildfire within the wildland-urban interface.

�� (u) One member who represents the insurance industry.

�� (5) The council shall be geographically diverse, with representatives from across this state.

�� (6) The presiding officers shall provide public notice of an opportunity for interested parties to submit names of interest for appointment to the council.

�� (7) At least seven days before appointing a member, the presiding officers shall consult in good faith with the minority leaders of the Senate and House of Representatives on the appointment.

�� (8) The term of service for each member is four years.

�� (9) The members are eligible for reappointment.

�� (10) The council shall elect a chairperson and vice chairperson to serve for one-year terms.

�� (11) The members shall serve on the council as volunteers and are not entitled to reimbursement for expenses.

�� (12) The Department of Consumer and Business Services, Department of Land Conservation and Development, Department of the State Fire Marshal and State Forestry Department shall each provide 15 percent of the time of a full-time equivalent employee to:

�� (a) Cooperatively staff the council.

�� (b) Attend council meetings as informational resources.

�� (c) Assist with drafting reports at the request of the council.

�� (d) Support the work of the State Wildfire Programs Director.

�� (13) The Oregon State University Extension Service shall designate a person to serve as staff for the council.

�� (14) Each October the council shall submit a report to the Governor and appropriate committees or interim committees of the Legislative Assembly that describes progress on implementing program activities related to defensible space, building codes, land use and community emergency preparedness and that recommends improvements. [2021 c.592 �36; 2023 c.611 �8; 2025 c.590 �5]

�� Note: See first note under 476.687.

�� 476.694 [2021 c.592 �21; 2022 c.85 �3; renumbered

ORS 433.770

433.770.

�� (e) Hazardous substances designated by the United States Environmental Protection Agency under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

�� (8) �Oils� or �oil� includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product.

�� (9) �Person� means an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the federal government and any agency thereof.

�� (10) �Reportable quantity� means one of the following:

�� (a) A quantity designated by the commission under ORS 466.625.

�� (b) The least of:

�� (A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

�� (B) The quantity designated for hazardous waste under ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992;

�� (C) Any quantity of radioactive material, radioactive substance or radioactive waste;

�� (D) If spilled into waters of the state, or escape into waters of the state is likely, any quantity of oil that would produce a visible oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines; or

�� (E) If spilled on land, any quantity of oil over one barrel.

�� (c) Ten pounds unless otherwise designated by the commission under ORS 466.625.

�� (11) �Respond� or �response� means:

�� (a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release of oil or hazardous material;

�� (b) First aid, rescue or medical services, and fire suppression; or

�� (c) Containment or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or the environment that may result from a spill or release or threatened spill or release if action is not taken.

�� (12) �Spill or release� means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air or into or on any land or waters of the state, as defined in ORS 468B.005, except as authorized by a permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal law or while being stored or used for its intended purpose.

�� (13) �Threatened spill or release� means oil or hazardous material is likely to escape or be carried into the air or into or on any land or waters of the state, including from a ship as defined in ORS 468B.300 that is in imminent danger of sinking. [1985 c.733 �1; 1987 c.735 �26; 1989 c.6 �14; 1993 c.422 �28; 1997 c.249 �162; 2007 c.445 �41; 2009 c.595 �946; 2013 c.680 �19; 2015 c.736 �100; 2017 c.17 �41]

�� 466.610 Department authority relating to cleanup of oil or hazardous material. Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality may:

�� (1) Conduct and prepare independently or in cooperation with others, studies, investigations, research and programs pertaining to the containment, collection, removal or cleanup of oil and hazardous material.

�� (2) Advise, consult, participate and cooperate with other agencies of the state, political subdivisions, other states or the federal government, in respect to any proceedings and all matters pertaining to responses, remedial actions or cleanup of oil and hazardous material and financing of cleanup costs, including radioactive waste, materials and substances otherwise subject to ORS chapters 453 and 469.

�� (3) Employ personnel, including specialists and consultants, purchase materials and supplies and enter into contracts with public and private parties necessary to carry out the provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and

ORS 441.705

441.705 to 441.745. [1985 c.539 �9]

�� 453.305 [1971 c.609 �2; 1975 c.606 �21; renumbered 469.300]

COMMUNITY INFORMATION ON HAZARDOUS SUBSTANCES

(Generally)

�� 453.307 Definitions for ORS 453.307 to 453.414. As used in ORS 453.307 to 453.414:

�� (1) �Community right to know regulatory program� or �local program� means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information.

�� (2) �Emergency service personnel� includes those entities providing emergency services as defined in ORS 401.025.

�� (3) �Employer� means:

�� (a) Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or

�� (b) Any person operating a facility designated by the State Fire Marshal.

�� (4) �Fire district� means any agency having responsibility for providing fire protection services.

�� (5) �Hazardous substance� means:

�� (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal;

�� (b) Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS 654.035 and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or

�� (c) Radioactive waste and material as defined in ORS 469.300 and radioactive substance as defined in ORS 453.005.

�� (6) �Health professional� means a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525, registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider.

�� (7) �Law enforcement agency� has the meaning given that term in ORS 181A.010.

�� (8) �Local government� means a city, town, county, regional authority or other political subdivision of this state.

�� (9) �Person� includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof.

�� (10) �Trade secret� has the meaning given that term in ORS 192.345 (2). [1985 c.726 �1; 1987 c.259 �5; 1991 c.956 �14; 1993 c.187 �25; 1999 c.1089 �5; 2005 c.825 �17; 2011 c.703 �42; 2014 c.45 �64; 2017 c.356 �74; 2024 c.73 �96]

�� 453.310 [Amended by 1969 c.514 �51; renumbered 689.855]

�� 453.312 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The public�s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state.

�� (2) Information on the use of hazardous substances in this state should be made readily available to members of the public, allowing them to take measures to protect themselves against dangers posed to health and safety.

�� (3) Emergency service personnel must know what types and amounts of hazardous substances are present within this state and where they are located in order to properly protect human life and property.

�� (4) A need exists to coordinate and make available to emergency service personnel information about the nature and amount of hazardous substances in Oregon.

�� (5) Access by emergency service personnel to information about hazardous substances assures better protection of homes and recreational facilities, increases safety in the place of employment, improves livability and allows more control over emergency situations. [1985 c.726 �3]

�� 453.315 [1971 c.609 �1; 1975 c.606 �22; renumbered 469.310]

�� 453.317 Hazardous substance survey; rules; information to be supplied. (1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers:

�� (a) The identity and hazard classification of the hazardous substance as listed on a material safety data sheet;

�� (b) The approximate amount and location of the hazardous substance;

�� (c) The name and telephone number of personnel qualified to give technical, onsite information about hazardous substances; and

�� (d) Any procedures established by the employer for the control of hazardous substances in the event of an emergency.

�� (2) In addition to the information to be provided under subsection (1) of this section, the State Fire Marshal may by rule establish additional requirements for obtaining hazardous substance information the State Fire Marshal considers necessary. All rules adopted under this subsection shall be adopted after public hearing in accordance with ORS chapter 183.

�� (3) Any employer receiving a hazardous substance survey shall complete the hazardous substance survey and return it to the State Fire Marshal not later than March 1 of each year or within 60 days after the date the State Fire Marshal mails the hazardous substance survey, whichever is later.

�� (4) The State Fire Marshal shall update the hazardous substance survey once every 12 months.

�� (5) An employer shall update and return the hazardous substance survey on or before March 1 of each year or within 60 days after the date the State Fire Marshal mails the survey, whichever is later, or an employer shall update the hazardous substance survey whenever any substantive information required to be provided changes, whichever situation occurs most often.

�� (6) The Director of the Department of Consumer and Business Services shall participate in the development and updating of the hazardous substance survey and shall have access to the data included in the survey.

�� (7) The State Fire Marshal may conduct an inspection to confirm the validity of a hazardous substance survey required by this section. The inspection shall be conducted according to the provisions of ORS 476.150. [1985 c.683 �6; 1985 c.696 �6; 1985 c.726 �4; 1987 c.259 �6; 1991 c.804 �1; 2005 c.825 �13]

�� 453.320 [Amended by 1969 c.514 �52; renumbered 689.860]

�� 453.322 Retention of information; distribution of and access to information. (1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317.

�� (2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any public or private safety agency participating in the emergency communications system pursuant to ORS 403.105 to 403.250 and, upon request, provide copies of the information to the following agencies located within the geographic jurisdiction of the fire district:

�� (a) Fire districts and other emergency service personnel responding to a hazardous substance incident;

�� (b) Health professionals;

�� (c) Law enforcement agencies; and

�� (d) Local emergency management agencies as described in ORS 401.305.

�� (3) The State Fire Marshal may distribute the information provided by an employer under ORS

ORS 446.155

446.155.

�� (b) A smoke alarm installed in a manufactured dwelling that is resold by a person other than the manufacturer or authorized dealer must meet the requirements of ORS 479.297. [1979 c.642 �3; 1997 c.647 �5; 1999 c.307 ��3,4; 2003 c.655 �78]

�� 479.265 Action for unlawful transfer of dwelling unit; damages; attorney fees. Any purchaser or transferee of a dwelling unit who is aggrieved by a violation of ORS 479.260 may bring an individual action in an appropriate court to recover actual damages or $50, whichever is greater. In any action brought by a person under this section, the court may award to the prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal and costs. Actions brought under this section must be commenced within one year of the date of sale or transfer. Notwithstanding the provisions of this section, violation of ORS 479.260 does not affect the transfer of the title, ownership or possession of the dwelling unit. [1979 c.642 �4; 1981 c.897 �56; 1995 c.618 �77; 2003 c.655 �79]

�� 479.270 Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector; instructions for testing to be provided. (1) The owner of any rental dwelling unit or the owner�s authorized agent shall be responsible for supplying, installing and maintaining the required smoke alarms or smoke detectors and shall provide a written notice containing instructions for testing of the devices. The notice shall be given to the tenant at the time the tenant first takes possession of the premises.

�� (2) The duty of the owner or authorized agent of the owner to maintain the required smoke alarms or smoke detectors, including providing working batteries, arises only:

�� (a) Prior to the beginning of every new tenancy when the tenant first takes possession of the premises; and

�� (b) During the tenancy upon written notice from the tenant of any deficiency, not including replacing dead batteries, as provided in ORS 479.275.

�� (3) Supplying and maintaining a smoke alarm or smoke detector under ORS 479.250 to 479.305 shall be considered a habitable condition under ORS 90.320. [1979 c.642 �5; 1993 c.369 �19; 1999 c.307 �6]

�� 479.275 Tenant of rental dwelling unit to test smoke alarm or smoke detector and replace dead batteries. It shall be the responsibility of the tenant of any rental dwelling unit to perform such tests on the smoke alarms or smoke detectors located in a part of the dwelling unit that the tenant is entitled to occupy to the exclusion of others as are recommended by the manufacturer�s instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. Testing intervals shall not exceed six months. It shall also be the responsibility of the tenant during the tenancy to replace any dead batteries, as needed. [1979 c.642 �6; 1981 c.309 �2; 1993 c.369 �20; 1999 c.307 �7]

�� 479.280 Lack of properly operating smoke alarm or smoke detector; complaint; investigation; citation. (1) If a rental dwelling unit is not equipped with the required smoke alarm or smoke detector, or if the smoke alarm or smoke detector is not operating properly and the owner or the owner�s authorized agent has not installed a properly operating smoke alarm or smoke detector within 10 days after receiving written notice from the tenant of the deficiency, the tenant may file a complaint with the State Fire Marshal or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction.

�� (2) Upon receipt of a complaint filed under subsection (1) of this section, the State Fire Marshal or the appropriate local fire official shall investigate the alleged violation of ORS 479.250 to 479.305. If the State Fire Marshal or appropriate local fire official finds that the landlord has failed to install a properly operating smoke alarm or smoke detector in the unit under investigation, the State Fire Marshal or local fire official may issue a citation which shall substantially conform to the requirements for a citation under ORS chapter 153.

�� (3) In the absence of a complaint from the tenant, the State Fire Marshal or an appropriate local fire official may initiate the citation process by presenting the owner with a written notice of the deficiency and specifying a period of not less than 10 days for compliance.

�� (4) If the State Fire Marshal or appropriate local fire official finds that the landlord of a hotel or lodging house has failed to comply with the requirements of ORS

ORS 447.010

447.010 to 447.156 and 447.992 and the rules of the Department of Consumer and Business Services adopted thereunder.

�� (3) Provide, except as specified in subsection (4) of this section, a separate general play area restricted to that use, if the mobile home or manufactured dwelling park accommodates children who are under 14 years of age. No separate play area shall be less than 2,500 square feet in area. At least 100 square feet of play area shall be provided for each manufactured dwelling occupied by children.

�� (4) Not be required to provide a separate play area if the mobile home or manufactured dwelling park was in existence before March 13, 1989, and rented spaces as an all adult park. [1959 c.562 �4; 1967 c.247 �5; 1969 c.491 �1; 1969 c.533 �19; 1973 c.560 �9; 1989 c.648 �8; 1991 c.226 �2; 1995 c.318 �2]

�� 446.100 Prohibited acts in connection with construction and use of parks; rules for spacing of units. (1) A person may not:

�� (a) Construct a mobile home or manufactured dwelling park at a place that is unsuitable due to swampy terrain, lack of adequate drainage or proximity to the breeding places of insects or rodents.

�� (b) Install a manufactured dwelling closer than five feet from a property boundary line.

�� (c) Construct in a mobile home or manufactured dwelling park a manufactured dwelling space less than 30 feet in width or less than 40 feet in length.

�� (2) The Director of the Department of Consumer and Business Services shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183 specifying minimum distances between adjacent manufactured dwellings and between manufactured dwellings and other structures. In adopting these rules, the director shall take into consideration the standards established by the National Fire Protection Association and standards recommended by the State Fire Marshal.

�� (3) Except as provided in this subsection, the rules adopted by the director under subsection (2) of this section must provide for at least 10 feet of space between manufactured dwellings. The director may adopt a rule allowing less than 10 feet of space between manufactured dwellings that are separated by a one-hour fire-resistive wall. A standard established by the director for a one-hour fire-resistive wall separating manufactured dwellings must be at least as stringent as the equivalent standard, if any, for a fire-resistive wall in a two family dwelling under the Low-Rise Residential Dwelling Code. [1959 c.562 �5; 1969 c.533 �20; 1981 c.506 �1; 1989 c.648 �9; 1991 c.226 �3; 2003 c.134 �1; 2005 c.22 �314]

�� 446.105 Temporary parks. (1) The Director of the Department of Consumer and Business Services may issue a permit for the establishment of a temporary mobile home or manufactured dwelling park to a construction company, timber company, government entity or farm if:

�� (a) There is no available space in a mobile home or manufactured dwelling park within a reasonable distance; and

�� (b) A mobile home or manufactured dwelling park is necessary for the proper housing of employees until the project is finished.

�� (2) Upon approval by the Department of Consumer and Business Services and the county or city planning commission, a permit may be issued to a person to establish a temporary mobile home or manufactured dwelling park on the person�s own premises in areas having a critical housing shortage due to large construction projects. The permit shall expire upon completion of the project. [1959 c.562 �6; 1967 c.247 �6; 1969 c.533 �21; 1973 c.560 �10; 1975 c.793 �13; 1989 c.648 �10; 1991 c.226 �4; 1993 c.744 �50; 1995 c.318 �3]

�� 446.110 [Repealed by 1959 c.562 �16]

�� 446.111 Regulation of structures in parks. No stationary structure may be erected within a mobile home or manufactured dwelling park without the consent of the owner or operator; and when giving consent, it shall be the duty of the mobile home or manufactured dwelling park manager to advise the tenant or builder of the standards required by ORS

ORS 455.380

455.380 and in such manner as will facilitate sustained progress in attaining the objectives established;

�� (2) Every state and local government agency that finds farmworker activities within the scope of its jurisdiction must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;

�� (3) Special efforts should be directed toward mitigating hazards to families and children; and

�� (4) All accommodations must provide for the rights of free association to farmworkers in their places of accommodation. [1989 c.964 �2; 2001 c.613 �11]

�� 197.680 Legislative findings. The Legislative Assembly finds that:

�� (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards and is in need of rehabilitation;

�� (2) It is not feasible to rehabilitate much of the existing farmworker housing stock to meet building code standards;

�� (3) In order to assure that minimum standards are met in all farmworker housing in this state, certain interim measures must be taken; and

�� (4) Limited rehabilitation, outside city boundaries, must be allowed to a lesser standard than that set forth in the existing building codes. [1989 c.964 �3; 2001 c.613 �12]

�� 197.685 Location of farmworker housing; approval standards. (1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern.

�� (2) Farmworker housing within the rural area of a county shall be permitted in a zone or zones in rural centers and areas committed to nonresource uses.

�� (3) Any approval standards, special conditions and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. [1989 c.964 �5; 2001 c.613 �4]

�� 197.705 [1973 c.482 �1; repealed by 1977 c.665 �24]

ECONOMIC DEVELOPMENT

�� 197.707 Legislative intent. It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 197A, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens. [1983 c.827 �16]

�� 197.710 [1973 c.482 �3; repealed by 1977 c.665 �24]

�� 197.712 Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities throughout the state is vital to the health, welfare and prosperity of all the people of the state.

�� (2) By the adoption of new goals or rules, or the application, interpretation or amendment of existing goals or rules, the Land Conservation and Development Commission shall implement all of the following:

�� (a) Comprehensive plans shall include an analysis of the community�s economic patterns, potentialities, strengths and deficiencies as they relate to state and national trends.

�� (b) Comprehensive plans shall contain policies concerning the economic development opportunities in the community.

�� (c) Comprehensive plans and land use regulations shall provide for at least an adequate supply of sites of suitable sizes, types, locations and service levels for industrial and commercial uses consistent with plan policies.

�� (d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses.

�� (e) A city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The public facility plan shall include rough cost estimates for public projects needed to provide sewer, water and transportation for the land uses contemplated in the comprehensive plan and land use regulations. Project timing and financing provisions of public facility plans shall not be considered land use decisions.

�� (f) In accordance with ORS 197.180, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. In addition, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies and cities and counties.

�� (g) Local governments shall provide:

�� (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the state�s agricultural and forest land base; and

�� (B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries.

�� (3) A comprehensive plan and land use regulations shall be in compliance with this section by the first periodic review of that plan and regulations. [1983 c.827 �17; 1991 c.612 �17]

�� 197.713 Industrial development on industrial lands outside urban growth boundaries; exceptions. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize:

�� (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on January 1, 2004, subject to the territorial limits described in subsections (2) and (3) of this section.

�� (b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development.

�� (2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section:

�� (a) Land more than three miles outside the urban growth boundary of every city with a population of 20,000 individuals or more; and

�� (b) Land outside the urban growth boundary of every city with a population of fewer than 20,000 individuals.

�� (3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010.

�� (4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use. [2003 c.688 �1; 2005 c.666 �1]

�� Note: 197.713 and 197.714 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.714 Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in ORS 197.713 and 197.716 to allow industrial or other employment use development, when a county or its designee considers action under ORS 197.713 or 197.716 for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action.

�� (2) If the city objects to the authorization of industrial or other employment use development under ORS 197.713 or 197.716, the city and county shall negotiate to establish conditions on the industrial or other employment use designation, development or changes in the development necessary to mitigate concerns raised by the city�s objection. [2003 c.688 �2; 2019 c.170 �3]

�� Note: See note under 197.713.

�� 197.715 [1973 c.482 �2; repealed by 1977 c.665 �24]

�� 197.716 Industrial and employment uses in listed counties; economic opportunity analysis. (1) As used in this section:

�� (a) �Economic opportunity analysis� means an analysis performed by a county that:

�� (A) Identifies the major categories of industrial uses or other employment uses that could reasonably be expected to expand or locate in the county based on a review of trends on a national, state, regional or county level;

�� (B) Identifies the number of sites by type reasonably expected to be needed to accommodate the expected employment growth based on the site characteristics typical of expected uses;

�� (C) Estimates the types and amounts of industrial uses and other employment uses likely to occur in the county based on subparagraphs (A) and (B) of this paragraph and considering the county�s economic advantages and disadvantages, including:

�� (i) Location, size and buying power of markets;

�� (ii) Availability of transportation facilities for access and freight mobility;

�� (iii) Public facilities and public services;

�� (iv) Labor market factors;

�� (v) Access to suppliers and utilities;

�� (vi) Necessary support services;

�� (vii) Limits on development due to federal and state environmental protection laws; and

�� (viii) Educational and technical training programs;

�� (D) Assesses community economic development potential through a public process in conjunction with state agencies and consistent with any categories or particular types of industrial uses and other employment uses desired by the community as identified in an existing comprehensive plan;

�� (E) Examines existing firms in the county to identify the types of sites that may require expansion;

�� (F) Includes an inventory of vacant and developed lands within the county designated for industrial use or other employment use, including:

�� (i) The description, including site characteristics, of vacant or developed sites within each plan or zoning district; and

�� (ii) A description of any development constraints or infrastructure needs that affect the buildable area of sites in the inventory; and

�� (G) Identifies additional potential sites for designation and rezoning that could reasonably accommodate expected industrial uses and other employment uses that cannot be met by existing inventories.

�� (b) �Industrial use� means industrial employment activities, including manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development.

�� (c) �Listed county� means Baker, Gilliam, Grant, Harney, Lake, Malheur, Sherman, Union, Wallowa or Wheeler County.

�� (d) �Other employment use� means all nonindustrial employment activities, including small scale commercial use, wholesale, service, nonprofit, business headquarters, administrative, governmental or employment activities that serve the medical, educational, social service, recreational or security industries and that occupy retail, office or flexible building types of any size or multibuilding campuses.

�� (e) �Reasonably be expected to expand or locate in the county� means that the county possesses the appropriate locational factors for the use or category of use.

�� (f)(A) �Small scale commercial use� means the low-impact use of land primarily for the retail sale of products or services, including offices.

�� (B) �Small scale commercial use� does not include use of land for factories, warehouses, freight terminals or wholesale distribution centers.

�� (2) A listed county that has adopted an economic opportunity analysis as part of its comprehensive plan may amend its comprehensive plan, land use regulations and zoning map to designate not more than 10 sites outside an urban growth boundary that cumulatively total not more than 50 acres of land if the sites were identified in any economic opportunity analysis as additional potential sites for industrial uses or other employment uses in order to allow for industrial uses and other employment uses without requiring an exception under ORS 197.732 to any statewide land use planning goals related to:

�� (a) Agriculture;

�� (b) Forest use; or

�� (c) Urbanization.

�� (3) A county may not designate a site under subsection (2) of this section:

�� (a) On any lands designated as high-value farmland as defined in ORS 195.300;

�� (b) Unless the county complies with ORS 197.714; and

�� (c) If any portion of the proposed site is for lands designated for forest use, unless the county:

�� (A) Notifies the State Forester in writing not less than 21 days before designating the site; and

�� (B) Cooperates with the State Forester in:

�� (i) Updating and classifying wildland-urban interface lands in and around the site;

�� (ii) Taking necessary steps to implement or update the wildland-urban interface fire protection system in and around the site; and

�� (iii) Implementing other fire protection measures authorized by the State Forester.

�� (4) A county may not amend its comprehensive plan, land use regulations or zoning map under this section to allow a use that would conflict with an administrative rule adopted for the purpose of implementing the Oregon Sage-Grouse Action Plan and Executive Order 15-18. [2019 c.170 �2; 2021 c.592 �41; 2025 c.590 �16]

�� 197.717 Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical assistance to local governments in:

�� (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses;

�� (b) Developing public facility plans; and

�� (c) Streamlining local permit procedures.

�� (2) The Oregon Business Development Department shall provide a local government with �state and national trend� information to assist in compliance with ORS 197.712 (2)(a).

�� (3) The Land Conservation and Development Commission shall develop model ordinances to assist local governments in streamlining local permit procedures.

�� (4) The Department of Land Conservation and Development and the Oregon Business Development Department shall establish a joint program to assist rural communities with economic and community development services. The assistance shall include, but not be limited to, grants, loans, model ordinances and technical assistance. The purposes of the assistance are to remove obstacles to economic and community development and to facilitate that development. The departments shall give priority to communities with high rates of unemployment. [1983 c.827 �18; 1995 s.s. c.3 �36h; 1996 c.6 �10]

�� 197.719 Industrial use of abandoned or diminished mill sites; amendment of comprehensive plans and land use regulations; sewer facilities. (1) As used in this section, �abandoned or diminished mill site� means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that:

�� (a) Is located outside of urban growth boundaries;

�� (b) Was closed after January 1, 1980, or has been operating at less than 25 percent of capacity since January 1, 2003; and

�� (c) Contains or contained permanent buildings used in the production or manufacturing of wood products.

�� (2) Notwithstanding statewide land use planning goals protecting agricultural lands or forestlands or administrative rules implementing those goals, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for industrial use.

�� (3) Notwithstanding a statewide land use planning goal relating to urbanization or administrative rules implementing that goal, the governing body of a county may amend the county�s comprehensive plan and land use regulations to allow an abandoned or diminished mill site to be zoned for any level of industrial use.

�� (4) Notwithstanding a statewide land use planning goal relating to public facilities and services or administrative rules implementing that goal, the governing body of a county or its designee may approve:

�� (a) The extension of sewer facilities to lands that on June 10, 2003, are zoned for industrial use and that contain an abandoned or diminished mill site. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

�� (b) The extension of sewer facilities to an abandoned or diminished mill site that is rezoned for industrial use under this section only as necessary to serve industrial uses authorized for the mill site.

�� (c) The establishment of on-site sewer facilities to serve an area that on June 10, 2003, is zoned for industrial use and that contains an abandoned or diminished mill site or to serve an abandoned or diminished mill site that is rezoned for industrial use under this section. The sewer facilities may serve only industrial uses authorized for the mill site and contiguous lands zoned for industrial use.

�� (5)(a) A local government, as defined in ORS 174.116, may not authorize a connection to any portion of a sewer facility located between an urban growth boundary or the boundary of an unincorporated community and the boundary of the mill site or the industrial zone containing the mill site, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732.

�� (b) Sewer facilities approved under subsection (4) of this section shall be limited in size to meet the needs of authorized industrial uses and may not provide service to retail, commercial or residential development, except as provided under a statewide land use planning goal relating to public facilities and services or under ORS 197.732. The presence of the sewer facilities may not be used to justify an exception to statewide land use planning goals protecting agricultural lands or forestlands or relating to urbanization.

�� (6)(a) The governing body of a county or its designee shall determine the boundary of an abandoned or diminished mill site. For an abandoned or diminished mill site that is rezoned for industrial use under this section, land within the boundary of the mill site may include only those areas that were improved for the processing or manufacturing of wood products.

�� (b) For an abandoned or diminished mill site subject to subsection (2), (3) or (4) of this section, the governing body of a city or county or its designee may approve a permit, as defined in ORS 215.402 or 227.160, only for industrial development and accessory uses subordinate to such development on the mill site. The governing body or its designee may not approve a permit for retail, commercial or residential development on the mill site.

�� (7) For land that on June 10, 2003, is zoned under statewide land use planning goals protecting agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732. [2003 c.252 �2; 2003 c.688 �3]

�� 197.722 Definitions for ORS 197.722 to 197.728. As used in ORS 197.722 to 197.728:

�� (1) �Industrial use� means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS

ORS 456.055

456.055, reside.

�� (b) For critical or emergency infrastructure.

�� (c) For schools, hospitals and facilities that serve seniors. [2021 c.592 �8a; 2023 c.611 �3; 2025 c.590 �2]

�� Note: 476.392 to 476.398 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.

�� 476.394 [2021 c.592 �8b; 2025 c.476 �48; repealed by 2025 c.590 �1]

�� 476.396 Community Risk Reduction Fund. The Community Risk Reduction Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Risk Reduction Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source, including individuals and private organizations. Moneys in the fund are continuously appropriated to the State Fire Marshal for the purpose of carrying out community risk reduction and the local government financial assistance described in ORS 476.392. [2021 c.592 �9; 2023 c.611 �5]

�� Note: See note under 476.392.

�� 476.398 Annual reports. (1) The State Fire Marshal shall annually report regarding the status of State Fire Marshal and local government activities for carrying out ORS 476.392 to a committee or interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council.

�� (2) The report shall include, but need not be limited to:

�� (a) A status report regarding the community risk reduction program;

�� (b) The amount of moneys expended during the year for the community risk reduction program;

�� (c) The amount of moneys expended during the year for the suppression of fires on wildland-urban interface lands; and

�� (d) Any recommendations of the State Fire Marshal for legislative action, including, but not limited to, current or future resource and funding needs for the community risk reduction program. [2021 c.592 �10; 2025 c.590 �11]

�� Note: See note under 476.392.

(Temporary provisions relating to recommendations for community-based wildfire risk mitigation and insurance affordability)

�� Note: Sections 1, 2 and 3, chapter 217, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Department of Consumer and Business Services and the Department of the State Fire Marshal, in consultation with the State Forestry Department and representatives of the insurance industry, shall evaluate and develop recommendations for community-based wildfire risk mitigation actions, programs and strategies that could have positive impacts on reducing wildfire risks and increasing insurance affordability and availability in this state.

�� (2) The actions, programs and strategies described in this section include, but are not limited to:

�� (a) Property-level actions, programs and strategies, including establishing defensible space, hardening a building or receiving certification from the Insurance Institute for Business and Home Safety or a similar entity; and

�� (b) Community-level actions, programs and strategies, with an emphasis on encouraging collaborative activities among residents of cohesive neighborhoods, including community risk-reduction programs offered by the Department of the State Fire Marshal, the Institute for Business and Home Safety or a similar entity. [2025 c.217 �1]

�� Sec. 2. (1) The Department of Consumer and Business Services and the Department of the State Fire Marshal shall jointly submit a report on the evaluation and recommendations under section 1 of this 2025 Act, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to wildfire no later than February 2, 2026. The report must include:

�� (a) Recommendations for legislative changes, if any, to positively impact the availability and affordability of homeowners insurance in this state.

�� (b) A discussion of the discounts or incentives that the insurance industry could provide to consumers in this state who complete actions, programs or strategies described in section 1 of this 2025 Act.

�� (c) Information from homeowner insurers regarding the ways in which insurers treat wildfire risk mitigation actions, as defined in ORS 742.277, in making underwriting and rate decisions. The information must include, but is not limited to:

�� (A) A list of wildfire risk mitigation actions that, taken together, could have a significant impact on underwriting or rating decisions for each insurer;

�� (B) A description of the circumstances under which each wildfire risk mitigation action would have a significant impact on underwriting or rating decisions;

�� (C) A discussion of trends and variability among insurers regarding treatment of wildfire risk mitigation actions in making underwriting and rating decisions; and

�� (D) A summary of best practices among insurers who recognize wildfire mitigation risk actions in making underwriting and rating decisions.

�� (2) The Department of Consumer and Business Services and the Department of the State Fire Marshal shall also submit the report to the State Wildfire Programs Director and the Wildfire Programs Advisory Council.

�� (3) All records, documents, work papers, recorded information or copies thereof, that are produced or obtained by, or disclosed to, the Department of Consumer and Business Services under subsection (1)(c) of this section:

�� (a) Are provided to the Director of the Department of Consumer and Business Services in the course of analysis by the director of the financial condition or market conduct of an insurer under ORS 731.312 (6); and

�� (b) Are confidential, privileged and exempt from public disclosure under ORS 705.137. [2025 c.217 �2]

�� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2027. [2025 c.217 �3]

STANDARDIZATION OF FIRE PROTECTION EQUIPMENT

�� 476.410 Standard thread hose couplings and hydrant fittings required. All equipment for fire protection purposes purchased by state and municipal authorities, or any other authorities having charge of public property, shall be equipped with the standard thread for fire hose couplings and hydrant fittings as adopted by the State Fire Marshal under ORS 476.030. Prior to adopting any such standard, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the standard. [Amended by 1963 c.523 �8; 1973 c.667 �20; 1993 c.185 �29; 1997 c.13 �2; 1997 c.853 �43]

�� 476.420 Standardization of existing fire protection equipment; exemption. The standardization of existing fire protection equipment in this state shall be arranged for and carried out by or under the direction of the State Fire Marshal who may proceed to make the changes necessary to standardize all existing fire protection equipment in this state. Prior to making any such change, the State Fire Marshal may request from the Department of Public Safety Standards and Training consideration of and recommendations regarding the change. The State Fire Marshal shall provide the appliances necessary for carrying on this work and shall proceed with such standardization as rapidly as possible and complete such work at the earliest date circumstances will permit. However, the State Fire Marshal may exempt from standardization special purpose fire equipment and existing fire protection equipment when it is established that such equipment is not essential to the coordination of public fire protection operations. The provisions of this section and ORS 476.440 shall not apply to fire protection equipment used under authority of ORS chapters 477 and 526. [Amended by 1965 c.602 �11; 1973 c.667 �21; 1993 c.185 �30; 1997 c.13 �3; 1997 c.853 �44]

�� 476.430 Changing private equipment. The State Fire Marshal shall notify industrial establishments and property owners having equipment for fire protection purposes, which may be necessary for a fire department to use in protecting the property or putting out fire, of the changes necessary to bring their equipment up to the requirements of the standard established and shall render them such assistance as may be available in converting their defective equipment to standard requirements.

�� 476.440 Sale of nonstandard equipment prohibited; exemption. No person shall sell or offer for sale in Oregon any fire hose, hydrant, fire engine or other equipment for fire protection purposes unless such equipment is fitted and equipped with the standard thread for fire hose couplings and hydrant fittings as has been adopted by the State Fire Marshal under ORS 476.030. Fire equipment for special purposes, research programs or special features of fire protection equipment found appropriate for uniformity within a particular protection area, may be exempted from this requirement by order of the State Fire Marshal. [Amended by 1963 c.523 �9; 1965 c.602 �12]

�� 476.445 Use of PFAS firefighting foam prohibited; exception. (1) As used in this section:

�� (a) �Fire department� means any organization maintained for the purpose of preventing or combating fire.

�� (b) �PFAS firefighting foam� means a foam substance that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance and that is used to control or extinguish fire.

�� (2) Except as required by a regulation of the Federal Aviation Administration or other federal law, a fire department, including any employee or volunteer of the fire department, may not use PFAS firefighting foam in this state. [2025 c.86 �1]

�� Note: 476.445 becomes operative July 1, 2026. See section 2, chapter 86, Oregon Laws 2025.

�� Note: 476.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PROTECTION OF LIFE AND PROPERTY FROM FIRE IN CASE OF EMERGENCY

�� 476.510 Short title. ORS 476.510 to 476.610 shall be known as the Emergency Conflagration Act.

�� 476.515 Other officers authorized to act when Governor unavailable. If the Governor is unavailable to make timely exercise of the authority under ORS 476.510 to 476.610, the State Fire Marshal may exercise such authority, and if that individual is unavailable, a chief deputy state fire marshal may exercise such authority. Any orders, rules or regulations issued by the State Fire Marshal or a chief deputy state fire marshal pursuant to this section have the same force and effect as if issued by the Governor. [1979 c.76 �5; 1987 c.414 �81; 1993 c.186 �2; 2025 c.177 �6]

�� 476.520 Governor authorized to assign fire-fighting forces and equipment. The Governor may assign and make available for use and duty in any county, city or district, under the direction and command of an officer designated by the Governor for the purpose, any part of the fire-fighting forces and equipment of any fire-fighting organization in this state other than an organization that possesses only one self-propelled pumping unit. The Governor may make fire-fighting forces and equipment available under this section in response to fire, a heightened danger of fire or a significant reduction in available fire-fighting resources. [Amended by 2005 c.16 �1]

�� 476.530 Chief executive of political subdivision to assign forces and equipment; federal equipment. The chief executive of any county, city or fire protection district or the head of any fire department of any political subdivision, including agencies of this state, if so ordered by the Governor, shall assign and make available for duty and use in any county, city or fire district under the direction and command of such officer as may be designated by the Governor for the purpose, any part of the fire-fighting forces and equipment under the control of the chief executive or the head of the fire department, provided that any equipment made available by loan, or otherwise, to any county, city or fire district or this state by the United States or any agency thereof, shall at all times be subject to the order of the United States or such agency in accordance with the terms and conditions upon which the equipment is made available. [Amended by 1961 c.626 �1; 1979 c.76 �1]

�� 476.540 Powers and duties of fire-fighting forces. Whenever the fire-fighting forces of any county, city or fire district are rendering outside aid pursuant to ORS 476.520 or 476.530, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges and immunities as though they were performing their duties in the political subdivision in which they are normally employed.

�� 476.550 Loss or damage to equipment. When any equipment is used pursuant to ORS 476.520 or 476.530 the state shall be liable for any loss thereof or damage thereto and shall pay any expense incurred in the operation or maintenance thereof. No claim for any such loss, damage or expense shall be allowed unless, within 60 days after it has been sustained or incurred, or within such extension of such time as may have been obtained from the Department of the State Fire Marshal, an itemized notice of such claim, under oath, is served by mail or personally upon the department and such loss, damage or expense shall be payable from the Emergency Fund of the state. [Amended by 1979 c.76 �2; 1993 c.186 �3; 2025 c.177 �7]

�� 476.560 Reimbursement for aid. Whenever aid is supplied pursuant to ORS 476.520 to 476.590, the state shall reimburse the political subdivision supplying such aid for the compensation paid to employees supplied under ORS 476.520 to 476.590 during the time the rendition of such aid prevents them from performing their duties in the political subdivision by which they are employed and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid. �Employee� as used herein means, and the provisions of ORS 476.520 to

ORS 462.995

462.995�� Civil penalties; rules

LICENSING OF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS

�� 462.010 Definitions. As used in this chapter, unless the context otherwise requires:

�� (1) �Breaks� means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).

�� (2) �Calendar year� means a 12-month year, January 1 through December 31.

�� (3) �Commission� means the Oregon Racing Commission.

�� (4) �Continuous race meet� includes any exhibition of animal racing continuously at the same race course by two or more licensees where the mutuel system is used in conjunction with any race.

�� (5) �Drug� means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner, directly or indirectly, internally or externally, in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease that could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. �Drug� includes:

�� (a) Substances, other than foods, intended to affect the structure or any function of the body of the animal and all substances affecting the central nervous system, respiratory system or blood pressure of any animal other than vitamins or supplemental feeds; and

�� (b) Any identified substance that can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.

�� (6) �Fiscal year� means a 12-month year, as described in ORS 293.605.

�� (7) �Gross mutuel wagering� means all mutuel wagering that is made in person:

�� (a) At the race course of a race meet licensee;

�� (b) At an off-race course mutuel wagering location approved by the commission; or

�� (c) Through account wagering authorized under ORS 462.142.

�� (8) �Licensee� means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter.

�� (9) �Mutuel� means a system whereby:

�� (a) Wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are not wagering against the operator; and

�� (b) The operator distributes to one or more winning participants the total amount in the wagering pool, less amounts deducted by the operator as approved by the commission.

�� (10) �Public training track� means any race course or other facility that is available or open to the public for use in the training or schooling of racing animals.

�� (11) �Race� means any race conducted in a race meet. �Race� includes races conducted without wagering, provided one or more races in the meet are conducted with wagering.

�� (12) �Race course� means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables, kennels and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track.

�� (13) �Race meet� means any exhibition of animal racing where the mutuel system is used in conjunction with any race. [Amended by 1953 c.497 �4; 1955 c.335 �1; 1957 c.313 �1; 1969 c.356 �10; 1975 c.550 �1; 1977 c.855 �1; 1981 c.544 �1; 1987 c.913 �7; 1997 c.865 �1; 2003 c.14 �294; 2011 c.176 �1; 2014 c.44 �3]

�� Note: The amendments to 462.010 by section 4, chapter 26, Oregon Laws 2025, become operative July 1, 2027. See section 19, chapter 26, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 462.010. As used in this chapter, unless the context otherwise requires:

�� (1) �Breaks� means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).

�� (2) �Calendar year� means a 12-month year, January 1 through December 31.

�� (3) �Commission� means the Oregon Racing Commission.

�� (b) Any identified substance that can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.

�� (6) �Fiscal year� means a 12-month year, as described in ORS 293.605.

�� (7) �Gross mutuel wagering� means all mutuel wagering that is made in person:

�� (a) At the race course of a race meet licensee;

�� (b) At an off-race course mutuel wagering location approved by the commission; or

�� (c) Through account wagering authorized under ORS 462.142.

�� (8) �Licensee� means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter.

�� (9) �Mutuel� means a system whereby:

�� (a) Wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are not wagering against the operator; and

�� (b) The operator distributes to one or more winning participants the total amount in the wagering pool, less amounts deducted by the operator as approved by the commission.

�� (10) �Public training track� means any race course or other facility that is available or open to the public for use in the training or schooling of racing animals.

�� (11) �Race� means any race conducted in a race meet. �Race� includes races conducted without wagering, provided one or more races in the meet are conducted with wagering.

�� (12) �Race course� means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track.

�� (13) �Race meet� means any exhibition of animal racing where the mutuel system is used in conjunction with any race.

�� 462.020 License requirement; authority of commission to require fingerprints; rules. (1) A person may not hold a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission.

�� (2) A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exercise person, agent, authorized agent, jockey�s agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable guard, starter, timer, judge or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, may not participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the race course to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the race course, to obtain a license issued by the commission prior to conducting such business.

�� (3) A person may not operate a public training track or public kennel for greyhounds participating in a race meet without having first obtained and having in full force and effect a license issued by the commission.

�� (4) The commission may require each applicant for a license to be photographed and shall require each applicant to be fingerprinted as part of the licensing procedure for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195.

�� (5) Each person holding a license under this chapter shall comply with all rules and orders of the commission.

�� (6) Notwithstanding the requirements of subsection (2) of this section, the commission, upon receipt of a written application for a license on forms provided by the commission, may in its sound discretion issue a temporary license valid for a period not to exceed 10 days pending final approval or disapproval of the written application for a license. [Amended by 1955 c.454 �1; 1957 c.313 �2; 1969 c.356 �11; 1975 c.549 �2; 1983 s.s. c.7 �1; 1999 c.59 �131; 2003 c.166 �2; 2005 c.730 �25]

�� Note: The amendments to 462.020 by section 5, chapter 26, Oregon Laws 2025, become operative July 1, 2027. See section 19, chapter 26, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 462.020. (1) A person may not hold a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission.

�� (2) A trainer, driver, jockey, apprentice jockey, horse owner, exercise person, agent, authorized agent, jockey�s agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable guard, starter, timer, judge or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, may not participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the race course to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the race course, to obtain a license issued by the commission prior to conducting such business.

�� (3) A person may not operate a public training track without having first obtained and having in full force and effect a license issued by the commission.

�� (5) Each person holding a license under this chapter shall comply with all rules and orders of the commission.

�� 462.025 Notice required to terminate use of license; hearing. No licensee who accepts an engagement or employment or undertakes activities in preparation for or in connection with a race meet shall voluntarily terminate or discontinue the engagement, employment or activities of the licensee or otherwise refuse to cooperate or participate, unless the licensee gives the Oregon Racing Commission notice in writing of the intention to do so at least 15 days prior to such termination or discontinuance. The commission may, upon notice to all interested parties, conduct one or more hearings with respect to any such termination or discontinuance. [1969 c.356 �5; 1975 c.549 �3]

�� 462.030 Qualifications for eligibility of race meet operator. No person is eligible to operate a race meet with a license issued under this chapter unless the person is the owner or controls the possession of a properly constructed race track suitable for the class of races which are proposed to be conducted at such race track and improved with safe and suitable grandstands, equipped with reasonably sanitary accommodations, adequate stables for livestock together with adequate fire protection equipment, and such other proper improvements as in the judgment of the Oregon Racing Commission may be required, taking into consideration the location of such race track and the probable capacity requirements to accommodate the crowd and the number of people that will reasonably be expected to occupy the grandstands and attend the race meets. [Amended by 1955 c.336 �1]

�� Note: The amendments to 462.030 by section 6, chapter 26, Oregon Laws 2025, become operative July 1, 2027. See section 19, chapter 26, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 462.030. No person is eligible to operate a race meet with a license issued under this chapter unless the person is the owner or controls the possession of a properly constructed race track suitable for the races which are proposed to be conducted at such race track and improved with safe and suitable grandstands, equipped with reasonably sanitary accommodations, adequate stables for livestock together with adequate fire protection equipment, and such other proper improvements as in the judgment of the Oregon Racing Commission may be required, taking into consideration the location of such race track and the probable capacity requirements to accommodate the crowd and the number of people that will reasonably be expected to occupy the grandstands and attend the race meets.

�� 462.040 Race meet licenses, classes, limitations, contents; rules. (1) Race meet licenses granted by the Oregon Racing Commission shall be limited to:

�� (a) Licenses for horse and mule race meets (Class A).

�� (b) Licenses for greyhound race meets (Class B).

�� (2)(a) Except as the commission otherwise may provide by rule, no licensee shall be granted licenses of both classes nor shall licenses be issued for more than one class of racing on the same race course, track or location.

�� (b) In adopting rules to carry out the provisions of this subsection, the commission shall consider, among other matters, the impact on existing race meet licensees in the county in which application for a license referred to in paragraph (a) of this subsection is made.

�� (3) The commission may not grant any license for greyhound race meets after July 1, 2022.

�� (4) The license shall specify the number of days the race meet shall continue and the number of races per day. [Amended by 1955 c.639 �1; 1957 c.313 �3; 1969 c.356 �12; 1975 c.549 �4; 1979 c.720 �1; 1989 c.210 �3; 1997 c.865 �2; 2022 c.77 �3]

�� Note: The amendments to 462.040 by section 7, chapter 26, Oregon Laws 2025, become operative July 1, 2027. See section 19, chapter 26, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 462.040. (1) Race meet licenses granted by the Oregon Racing Commission shall be limited to licenses for horse and mule race meets.

�� (2) The license shall specify the number of days the race meet shall continue and the number of races per day.

�� 462.050 Application for race meet license; bond; payment of fees; submission of financial statements and inspection of records; return of deposit; refund of license fee. (1) Every person making application for a license to hold a race meet shall file the application with the Oregon Racing Commission. The application shall set forth the time, place and number of days the applicant desires the meet to continue, together with the applicant�s estimate of the daily average payment that the applicant will pay to the state upon the gross amount of money wagered per day and such other information as the commission may require.

�� (2) The commission may, in its discretion, require a performance bond in an amount not to exceed $10,000, to insure that the licensee operates a race meet on the license days granted.

�� (3) The application shall be accompanied by a check on a financial institution maintaining an office and licensed to do business in Oregon in an amount equal to the license fee, exclusive of required percentage payments, required for the number of days for which the license is requested. If the license is not granted, such deposit shall be returned promptly to the applicant. If the license is granted, but for fewer days than applied for, the excess of the daily deposit shall be returned promptly to the applicant.

�� (4) No applicant designated in ORS 462.057 is eligible for a return of the license fee unless a race meet license is not granted.

�� (5) When a licensee under ORS 462.062 or 462.067 is prevented from conducting a race meet for the authorized number of days, the commission, upon written request therefor, may refund to the licensee the daily license fee based upon the number of days lost for good cause shown. The commission is the sole judge of good cause.

�� (6) In order to assist the commission in determining whether there has been compliance with ORS

ORS 468A.570

468A.570 and 468A.595. The State Fire Marshal shall cause all county courts and boards of county commissioners or their designated representatives in the affected areas to be notified of the type of and time for burning to be allowed on each day and of any revisions of such conditions during each day. The county court, board or representative shall issue permits only in accordance with schedules of the Environmental Quality Commission adopted pursuant to this section and ORS 468A.555 to 468A.620 and 468A.992, 476.990, 478.960 and 478.990 but may reduce the hours allowed for burning if necessary to prevent danger to life or property from fire. The State Fire Marshal may refuse or postpone permits when necessary in the judgment of the State Fire Marshal to prevent danger to life or property from fire, notwithstanding any determination by the county court or board of county commissioners or its designated officer. Notwithstanding any other provision of this subsection, for a permit for the propane flaming of mint stubble, the county court or board of county commissioners, or its designated representative may only prescribe conditions necessary to prevent the spread of fire or to prevent endangering life or property and may refuse, revoke or postpone permission to conduct the propane flaming only when necessary to prevent danger to life or property from fire.

�� (3) Nothing in this section:

�� (a) Requires permission for starting a campfire in a manner otherwise lawful.

�� (b) Relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the property of another. If such burning results in the escape of fire and injury or damage to the property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe.

�� (c) Relieves a person who has obtained permission to start a fire, or the agent of the person, from legal liability for property damage resulting from the fire.

�� (d) Permits an act within a city or regional air quality control authority area that otherwise is unlawful pursuant to an ordinance of the city or rule, regulation or order of the regional authority.

�� (4) The county court or board of county commissioners shall maintain records of all permits and the conditions thereof, if any, that are issued under this section and shall submit at such times, as the Environmental Quality Commission shall require such records or summaries thereof to the commission. The Environmental Quality Commission shall provide forms for the reports required under this subsection. [1967 c.420 �3; 1969 c.613 �2; 1971 c.563 �8; 1973 c.835 �164; 1975 c.635 �2; 1991 c.920 �21; 1997 c.473 �5]

�� 476.390 [2021 c.592 �8; repealed by 2025 c.590 �1]

DEFENSIBLE SPACE

�� 476.392 Community risk reduction program; model code for defensible space for local governments. (1) As used in this section, �defensible space� means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur.

�� (2) The State Fire Marshal shall administer a community risk reduction program that emphasizes education and methods of prevention with respect to:

�� (a) Wildfire risk;

�� (b) The creation of a model code for defensible space;

�� (c) Response planning; and

�� (d) Community preparedness for wildfires.

�� (3) As part of the program, in consultation with the Oregon Fire Code Advisory Board, the State Fire Marshal shall create and make available to local governments a model code for defensible space that:

�� (a) Includes standards that are consistent with, and do not exceed, the standards in the 2024 International Wildland-Urban Interface Code (October 2024), published by the International Code Council, that pertain to defensible space, including the standards in sections 603 and 604 of the code; and

�� (b) To the extent consistent with the standards in the code described in paragraph (a) of this subsection, results from a consideration of best practices specific to this state.

�� (4) The State Fire Marshal may not require a local government to adopt the model code described in subsection (3) of this section.

�� (5) As part of the program, the State Fire Marshal may provide financial, administrative, technical or other assistance to a local government to facilitate the creation of defensible space.

�� (6) A local government shall expend financial assistance provided by the State Fire Marshal under subsection (5) of this section to give priority to the creation of defensible space:

�� (a) On lands on which members of socially and economically vulnerable communities, persons with limited proficiency in English and persons of lower income, as defined in ORS

ORS 469.500

469.500 and 469.510)]

�� 469.501 Energy facility siting, construction, operation and retirement standards; exemptions; rules. (1) The Energy Facility Siting Council shall adopt standards for the siting, construction, operation and retirement of facilities. The standards may address but need not be limited to the following subjects:

�� (a) The organizational, managerial and technical expertise of the applicant to construct and operate the proposed facility.

�� (b) Seismic hazards.

�� (c) Areas designated for protection by the state or federal government, including but not limited to monuments, wilderness areas, wildlife refuges, scenic waterways and similar areas.

�� (d) The financial ability and qualifications of the applicant.

�� (e) Effects of the facility, taking into account mitigation, on fish and wildlife, including threatened and endangered fish, wildlife or plant species.

�� (f) Impacts of the facility on historic, cultural or archaeological resources listed on, or determined by the State Historic Preservation Officer to be eligible for listing on, the National Register of Historic Places or the Oregon State Register of Historic Properties.

�� (g) Protection of public health and safety, including necessary safety devices and procedures.

�� (h) The accumulation, storage, disposal and transportation of nuclear waste.

�� (i) Impacts of the facility on recreation, scenic and aesthetic values.

�� (j) Reduction of solid waste and wastewater generation to the extent reasonably practicable.

�� (k) Ability of the communities in the affected area to provide sewers and sewage treatment, water, storm water drainage, solid waste management, housing, traffic safety, police and fire protection, health care and schools.

�� (L) The need for proposed nongenerating facilities as defined in ORS 469.503, consistent with the state energy policy set forth in ORS 469.010 and 469.310. The council may consider least-cost plans when adopting a need standard or in determining whether an applicable need standard has been met. The council shall not adopt a standard requiring a showing of need or cost-effectiveness for generating facilities as defined in ORS 469.503.

�� (m) Compliance with the statewide planning goals adopted by the Land Conservation and Development Commission as specified by ORS 469.503.

�� (n) Soil protection.

�� (o) For energy facilities that emit carbon dioxide, the impacts of those emissions on climate change. For fossil-fueled power plants, as defined in ORS 469.503, the council shall apply a standard as provided for by ORS 469.503 (2).

�� (2) The council may adopt exemptions from any need standard adopted under subsection (1)(L) of this section if the exemption is consistent with the state�s energy policy set forth in ORS 469.010 and 469.310.

�� (3)(a) The council may issue a site certificate for a facility that does not meet one or more of the applicable standards adopted under subsection (1) of this section if the council determines that the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

�� (b) The council by rule shall specify the criteria by which the council makes the determination described in paragraph (a) of this subsection.

�� (4) Notwithstanding subsection (1) of this section, the council may not impose any standard developed under subsection (1)(b), (f), (j) or (k) of this section to approve or deny an application for an energy facility producing power from wind, solar or geothermal energy. However, the council may, to the extent it determines appropriate, apply any standards adopted under subsection (1)(b), (f), (j) or (k) of this section to impose conditions on any site certificate issued for any energy facility. [1993 c.569 �22 (469.501, 469.503, 469.505 and

ORS 476.030

476.030 (3) within a rural fire protection district, the fire marshal, if there is one, or the fire chief of that rural fire protection district has the same enforcement authority as the State Fire Marshal.

�� (3) No person shall deliver or cause to be delivered into any county, municipality or rural fire protection district for the purpose of sale to individual members of the general public for personal use any consumer fireworks if the county, municipality or rural fire protection district by law or ordinance has declared that the sale or use of the consumer fireworks is prohibited.

�� (4) The manufacture, sale, use or discharge of fireworks may be regulated by the governing body of a rural fire protection district, subject to the following conditions:

�� (a) The regulation must be by ordinance adopted by the governing body of the district, after public notice and hearing, not later than January 1 of any calendar year in which regulation is to be operative.

�� (b) The regulation shall not be operative within the boundaries of any city that regulates such matters by city ordinance.

�� (c) The regulation shall not prohibit the manufacture, sale, use or discharge of fireworks the manufacture, sale, use or discharge of which is authorized by ORS

ORS 476.115

476.115 for recommendation prior to making a decision. Except as otherwise specified by law the order of the State Fire Marshal granting or denying a variance shall be final and conclusive. [1965 c.602 �6]

�� Note: 476.035 was added to and made a part of 476.010 to 476.115 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 476.040 Deputies and assistants. The State Fire Marshal shall appoint chief deputy state fire marshals and deputy state fire marshals whose duties shall be to assist in carrying into effect the provisions of ORS 476.010 to 476.090 and 476.155 to 476.170, 476.210 to 476.270 and 479.168 to 479.190. The State Fire Marshal may also employ such other assistants and employees and incur such other expenses as the State Fire Marshal may deem necessary in carrying into effect these provisions. The State Fire Marshal may remove any deputies or assistants for cause. [Amended by 1963 c.523 �6; 1985 c.118 �3; 1993 c.185 �26; 2011 c.97 �1; 2023 c.347 �6]

�� 476.045 Authority of Department of State Fire Marshal to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of the State Fire Marshal may require the fingerprints of a person who:

�� (1) Is employed or applying for employment by the department; or

�� (2) Provides or seeks to provide services to the department as a contractor, subcontractor, vendor or volunteer. [2024 c.7 �2]

�� 476.050 Payment of salaries and expenses. The salary of the chief deputy state fire marshals and deputy state fire marshals, compensation of clerks and other assistants and other expenses of the Department of the State Fire Marshal necessary in the performance of the duties imposed upon the State Fire Marshal shall be paid in the same manner as are other state officers and the expenses of other state departments, and shall not exceed the amount paid to the State Treasurer for the maintenance of the Department of the State Fire Marshal. [Amended by 1953 c.93 �1; 1987 c.414 �156; 2021 c.539 �123; 2023 c.347 �7]

�� 476.055 State Fire Marshal Fund; uses. (1) All moneys received by the Department of the State Fire Marshal shall be paid into the State Treasury, and shall be placed by the State Treasurer to the credit of the State Fire Marshal Fund, except those moneys received and accounted for under the provisions of ORS 279A.290 and 476.565.

�� (2) Except as otherwise provided by this section, moneys in the State Fire Marshal Fund shall be available and constitute a continuing appropriation for the payment of any expense of the department and for the payment of expenses of the Department of Public Safety Standards and Training and the Board on Public Safety Standards and Training relating to training programs concerning fire services and accreditation of fire service professionals. The Department of the State Fire Marshal shall keep on file an itemized statement of all expenses incurred by the department and shall approve all disbursements as submitted for payment. Administrative expenditures made from the State Fire Marshal Fund shall not exceed a reasonable amount for the services performed. [1953 c.93 �2; 1953 c.199 �2; 1965 c.602 �2; 1967 c.359 �694; 1967 c.417 �2; 1973 c.832 ��6,6a; 1977 c.104 �1; 1985 c.118 �4; 1987 c.414 �157; 1993 c.185 �27; 1993 c.186 �6; 1997 c.853 �41; 2003 c.794 �298; 2021 c.539 �124; 2023 c.602 �52]

�� 476.057 [1980 c.15 �1; repealed by 1985 c.383 �1]

�� 476.060 Local officers and constables as assistants to State Fire Marshal. (1) All fire marshals in those governmental subdivisions having such officers, and where no such officer exists, the chief of the fire department of every city or rural fire protection district in which a fire department is established, the marshal or chief of police, officer of any city in which no fire department exists, and constables, if any, shall be, by virtue of the offices held by them, assistants to the State Fire Marshal without additional recompense, subject to the duties and obligations imposed by law, and shall be subject to the direction of the State Fire Marshal in the execution of the provisions of this section and ORS

ORS 476.150

476.150. [1987 c.362 �4]

�� 476.170 Execution of warrant. (1) Except as provided in subsection (2) of this section, in executing an inspection warrant, the person authorized to execute the warrant, before entry, shall make a reasonable effort to present the person�s credentials, authority and purpose to an occupant or person in possession of the building or premises and present the warrant or a copy thereof.

�� (2) An inspection warrant must be executed and returned to the court by whom it was issued within 10 days from its date, unless such court before the expiration of such time, by indorsement thereon, extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant unless executed is void. [1987 c.362 �5]

�� 476.175 Contents of citation or order. If the State Fire Marshal or a deputy or assistant of the State Fire Marshal, or a person acting for a governmental subdivision described in ORS 476.030, inspects a structure under this chapter and issues a citation or order for nonconformity with a federal, state or local fire safety standard, the citation or order must include:

�� (1) An exact reference to the law, regulation, rule or other source of authority that establishes the fire safety standard; and

�� (2) A plain statement of the facts upon which the citation or order is based. [2015 c.678 �2]

INVESTIGATION OF FIRES; REPORTS

�� 476.210 Investigation of fires by municipal officers and constables; reports; exemption. (1) The municipal fire marshals, fire department chiefs, constables and other officers referred to in ORS 476.060 shall investigate the cause, origin and circumstances of each fire occurring in their respective cities, villages or townships, by which property has been destroyed or damaged, and shall make an investigation to determine whether the fire was the result of carelessness or design. The investigation shall be commenced immediately after the occurrence of the fire. The State Fire Marshal may superintend and direct the investigation if the State Fire Marshal deems it necessary.

�� (2) The fire chief of every city, or rural fire protection district shall provide the State Fire Marshal with a full report of every fire occurring within the jurisdiction of the fire chief on a form provided by the Department of the State Fire Marshal or approved by the State Fire Marshal. Whenever the fire chief of every city under 200,000 population finds any fire is of undetermined or suspicious origin or involves a death or serious injury, the fire chief shall immediately notify the State Fire Marshal or a deputy state fire marshal and shall assemble all known facts and circumstances concerning the fire in an approved report form and shall submit such report to the State Fire Marshal, or the deputy state fire marshal assigned to the territory in which the fire originated. When evidence clearly indicates the cause of fire to be of incendiary origin, the fire chief shall also immediately notify the state, county or municipal police agency.

�� (3) This section shall not apply to forestlands under the jurisdiction of the State Forester. [Amended by 1965 c.602 �9; 1967 c.417 �6; 2021 c.539 �127]

�� 476.220 Report by officer investigating fire; exemption. (1) The officer making an investigation of a fire occurring in a city, village or township shall forthwith notify the State Fire Marshal and, within one week of the occurrence of the fire, shall furnish the State Fire Marshal a written statement of all facts relating to its cause and origin, and such other information as is required by forms provided by the Department of the State Fire Marshal.

�� (2) This section shall not apply to forestland under the jurisdiction of the State Forester. [Amended by 1967 c.417 �7; 2021 c.539 �128]

�� 476.230 Taking statements of persons knowing facts. If in the opinion of the State Fire Marshal further investigation is necessary, the State Fire Marshal or deputy state fire marshal, with the assistance of the district attorney, shall then proceed to take or have taken the statements of all persons supposed to be cognizant of any facts or who have means of knowledge in relation to the matter concerning which the examination is required and have such statements reduced to writing.

�� 476.240 Supplying information to and requesting action by district attorney. If the Superintendent of State Police or an authorized assistant is of the opinion that there is evidence sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, or a similar crime, the Superintendent of State Police or authorized assistant shall furnish the district attorney with such evidence, with the names of witnesses and a copy of material testimony taken in the case, and request the district attorney to cause the arrest of such person or take such other action as the district attorney deems necessary or advisable. [Amended by 1965 c.602 �10; 1967 c.417 �8]

�� 476.250 District attorney summoning witnesses and requiring production of documents. The district attorney may at the discretion of the district attorney, upon the application of the State Fire Marshal or a chief deputy state fire marshal, issue a subpoena to summon the attendance of witnesses before the district attorney to testify in relation to any matter which by law is a subject of inquiry and investigation, and require the production of any books, papers or documents the district attorney deems pertinent to an investigation of or relating to evidence pertaining to the cause of a fire. [Amended by 1967 c.417 �9; 2023 c.347 �8]

�� 476.260 District attorney assisting investigation of fires. The district attorney of any county, upon request of the state, county or a municipal police agency, shall assist such officers in the investigation of any fire which in their opinion is of incendiary origin. [Amended by 1967 c.417 �10]

�� 476.270 Insurance company reports of suspicious fires; inspection of company�s relevant information. (1) If an insurance company has reason to believe that a fire loss to its assured�s real or personal property was caused by incendiary means, the company shall immediately make a report to the Department of the State Fire Marshal. The report shall indicate the name of the assured, the date of the fire, location, occupancy, and facts and circumstances coming to the company�s knowledge, tending to establish the cause or origin of the fire.

�� (2) Any federal, state or local public official or authorized agent thereof having legal authority to investigate a fire loss of real or personal property may request any insurance company to provide relevant information in its possession pertaining to that loss. Upon request, the company shall release such information to the official who requests it. For purposes of this subsection, �relevant information� means information having any tendency to make the existence of any fact that is of consequence to the investigation more probable or less probable.

�� (3) In the absence of fraud or malice, no insurance company or its authorized representative shall be liable for damages in a civil action or subject to criminal prosecution for the release of information required by subsections (1) and (2) of this section. [Amended by 1967 c.417 �11; 1981 c.701 �2; 1985 c.686 �4; 2021 c.539 �129]

�� 476.272 State Fire Marshal authority to secure and control fire origin area. Under instructions from the State Fire Marshal as to the exercise of state authority, for the purpose of preserving evidence and investigating liability for the actual cost, as defined in ORS 476.276, of a fire, a deputy state fire marshal may:

�� (1) Secure the fire origin area at any time; and

�� (2) Control, restrict or prohibit access to the fire origin area by unauthorized persons as long as is reasonably necessary, in the judgment of the deputy state fire marshal. [2025 c.542 �4]

�� 476.274 Investigation of liability for cost of fire abatement; subpoena power; contempt. (1) At the request of the State Fire Marshal, for the purpose of investigating liability for the actual cost, as defined in ORS 476.276, of a fire, the Attorney General may administer oaths and affirmations, take testimony or depositions and by subpoena compel:

�� (a) The attendance of witnesses;

�� (b) The 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) The 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 under this section, or if a party or witness refuses to testify on any matter under this section, the State Fire Marshal may petition the circuit court of any county to order the person to show cause why the person has failed to comply with the subpoena and should not be held in contempt.

�� (4) If the State Fire Marshal petitions a circuit court as described in subsection (3) of this section, the State Fire Marshal shall serve the person with the document initiating the contempt action as described in ORS 33.055 (5)(a).

�� (5) If the State Fire Marshal petitions a circuit court as described in subsection (3) of this section and the person does not show good cause why the person has failed to comply with the subpoena, the circuit court shall compel obedience with the subpoena by proceedings for contempt. [2025 c.542 �3]

�� 476.276 Liability of willful, malicious or negligent person for cost of fire abatement; interest; lien; foreclosure; civil action for recovery of cost. (1) As used in this section, �actual cost� means:

�� (a) Any costs incurred by the State Fire Marshal in controlling or extinguishing a fire under this chapter, including under ORS 476.510 to 476.610; and

�� (b) Any payments made by the State Fire Marshal as reimbursement for controlling or extinguishing the fire.

�� (2) If a person is willful, malicious or negligent in the origin or subsequent spread of a fire:

�� (a) The State Fire Marshal shall mail to the person a written demand for payment of the actual cost of the fire; and

�� (b) The person shall pay the actual cost of the fire to the State Fire Marshal not more than 90 days after the written demand for payment is mailed.

�� (3) If the person does not pay the actual cost of the fire as described in subsection (2) of this section:

�� (a) The amount of the actual cost of the fire shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual cost of the fire was mailed by the State Fire Marshal; and

�� (b) The actual cost of the fire and any interest may be recovered from the person by an action prosecuted in the name of the State of Oregon.

�� (4) The actual cost of the fire may, at the discretion of the State Fire Marshal, constitute a general lien upon the real and personal property of the person.

�� (5) A written notice of a lien described in subsection (4) of this section, containing a description of the property and a statement of the actual cost of the fire:

�� (a) Must be certified under oath by the State Fire Marshal and filed in the office of the county clerk of the county in which the property is situated within 12 months after the calendar year within which the fire originated; and

�� (b) May be foreclosed in the manner provided by law for foreclosure of liens for labor and material.

�� (6) A lien created under this section shall cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing of the written notice of the lien under subsection (5) of this section.

�� (7) In any proceeding to foreclose a lien created under this section, recovery for the plaintiff shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien under subsection (5) of this section.

�� (8) Upon request of the State Fire Marshal, the Attorney General shall prosecute an action under this section to recover the actual cost of the fire or foreclose a lien, in the name of the State of Oregon.

�� (9) In an action under this section to recover the actual cost of a fire or foreclose a lien, the court shall:

�� (a) Accept an itemized statement of the actual cost of the fire, certified by the State Fire Marshal, as prima facie evidence of the actual cost of the fire; and

�� (b) At trial and on appeal, award reasonable attorney fees, in addition to costs and disbursements, to the prevailing party. [2025 c.542 �2]

EXTINGUISHING FIRES IN UNPROTECTED AREAS

�� 476.280 Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas. (1) The fire chief, or the representative of the fire chief, of any duly organized municipal or rural fire protection district may extinguish any uncontrolled fire found to be burning in any unprotected area, if:

�� (a) The governing body of the city or the district board of the rural fire protection district, as the case may be, has authorized the fire chief and the representatives of the fire chief to extinguish uncontrolled fires that are found to be burning in unprotected areas situated outside of the boundaries of the city or district and that are causing or may cause an undue jeopardy to life or property; and

�� (b) The fire chief or the representative of the fire chief believes that such fire is causing or may cause undue jeopardy to life or property.

�� (2) In extinguishing a fire pursuant to subsection (1) of this section, the fire chief and the representatives of the fire chief may employ the same means and resources used by them to extinguish similar fires within their jurisdiction. [1971 c.683 �1]

�� 476.290 Billing owner of property for cost of extinguishing fire; cost limited; collection; action for recovery of cost. Whenever a fire is extinguished pursuant to ORS

ORS 476.170

476.170, 476.210 to 476.270, 476.990 (1)(a) and 479.168 to 479.190 are remedial in nature and shall be construed liberally. [Amended by 2011 c.97 �2; 2023 c.347 �5]

�� 476.725 Statewide standards for residential carbon monoxide alarms; rules. (1) The State Fire Marshal shall adopt rules establishing minimum standards for carbon monoxide alarms in one and two family dwellings and multifamily housing. The rules adopted by the State Fire Marshal may include, but need not be limited to, rules establishing minimum standards for the design, inspection, testing and maintenance of carbon monoxide alarms.

�� (2) The State Fire Marshal shall adopt rules establishing standards for the placement and location of carbon monoxide alarms in one and two family dwellings and multifamily housing that were not subject to state building code requirements for carbon monoxide alarm placement or location at the time of construction.

�� (3) In adopting rules under this section, the State Fire Marshal shall give consideration to state building code requirements and any standards adopted by national safety organizations.

�� (4) Notwithstanding ORS 476.030, State Fire Marshal rules adopted under this section shall apply for all governmental subdivisions in the state. A governmental subdivision, as defined in ORS 476.005 may not enact or enforce any local ordinance, rule or regulation regarding the design, inspection, testing, maintenance, placement or location of carbon monoxide alarms. [2009 c.591 �4]

�� Note: 476.725 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.730 Notice prior to release or after escape of arsonist from state institution. (1) The superintendent of each Department of Corrections institution of this state and of each institution for persons with mental illness shall, prior to the release, or immediately after the escape, from such institution of any person committed to such institution for arson or arsonist activity, notify the State Fire Marshal and the Department of State Police except that such notice shall not be required when such persons are on approved leave from such institutions for periods of not to exceed 10 days. The notice shall state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.

�� (2) Promptly upon receipt of the notice, the State Fire Marshal and the Department of State Police shall notify respectively the fire departments and rural fire protection districts who maintain full-time personnel and the sheriff and police departments of the county in which the person was convicted or from which the person was committed and the county, if known, in which the person will reside. [1957 c.245 ��1,2; 1959 c.26 �1; 1965 c.602 �16; 1987 c.320 �237; 2007 c.70 �271]

�� 476.735 Sky lantern prohibition. (1) As used in this section, �sky lantern� means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.

�� (2) A person may not release a sky lantern into the airspace of this state.

�� (3) Violation of this section is a Class A violation.

�� (4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:

�� (a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;

�� (b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;

�� (c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or

�� (d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. [2016 c.123 �1; 2021 c.539 �133]

Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.740 [1967 c.417 �12; repealed by 1971 c.743 �432]

�� 476.750 [1967 c.417 �14; repealed by 1971 c.743 �432]

REDUCED IGNITION PROPENSITY CIGARETTES

�� 476.755 Definitions for ORS 476.755 to 476.790 and 476.995. As used in ORS 476.755 to 476.790 and 476.995:

�� (1) �Cigarette� means a roll for smoking:

�� (a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other nontobacco materials; and

�� (b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.

�� (2) �Distribute� means to do any of the following:

�� (a) Sell cigarettes or deliver cigarettes for sale by another person to consumers.

�� (b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers.

�� (c) Place cigarettes in vending machines.

�� (d) Sell or accept orders for cigarettes that are to be transported from a point outside this state to a consumer within this state.

�� (e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state.

�� (f) Give cigarettes as a sample, prize, gift or other promotion.

�� (3) �Manufacturer� means:

�� (a) An entity that produces, or causes the production of, cigarettes for sale in this state;

�� (b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or

�� (c) A successor to an entity, importer or first purchaser described in paragraph (a) or (b) of this subsection.

�� (4) �Packaging� includes, but is not limited to, cigarette soft packs, boxes, cartons and cases.

�� (5) �Quality control and assurance program� means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing.

�� (6) �Reduced ignition propensity� means meeting the fire safety performance standard described in ORS 476.770 (6).

�� (7) �Repeatability� means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time.

�� (8) �Retail dealer� means a person, other than a manufacturer or wholesale dealer, that engages in distributing cigarettes.

�� (9) �Sell� means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.

�� (10) �Variety� means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics as the State Fire Marshal may provide by rule.

�� (11) �Wholesale dealer� means a person that distributes cigarettes to:

�� (a) A retail dealer or other person for resale; or

�� (b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person. [2007 c.34 �1]

�� Note: 476.755 to 476.806 and 476.995 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.

�� 476.760 Prohibition against distributing or offering certain cigarettes; improper packaging markings; seizure and forfeiture; interagency agreements; inspections; rules. (1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to have reduced ignition propensity.

�� (2) Cigarette packaging may not bear a marking or other device identifying the packaged cigarettes as having reduced ignition propensity other than a packaging marking approved for use with those cigarettes by the State Fire Marshal under ORS

ORS 476.270

476.270 and 479.180, which shall be considered investigatory information as described in ORS 192.345.

�� (2) This section shall not apply to forestlands under the jurisdiction of the State Forester. [Amended by 1967 c.417 �3; 1981 c.701 �1; 2021 c.539 �125]

�� 476.100 [Amended by 1973 c.832 ��7,7a; 1977 c.104 �2; repealed by 1987 c.414 �172]

�� 476.110 State police to enforce fire laws. The Department of State Police shall employ a sufficient number of state police who shall perform the duties of enforcement of criminal laws and other statutes of Oregon with reference to the suppression and punishment of arson and fraudulent claims and practices in connection with fire laws. [Amended by 1963 c.523 �7; 1965 c.602 �4; 1967 c.417 �4]

�� 476.113 Designation of regions; regional appeal advisory boards; qualifications of members. (1) The State Fire Marshal may by order from time to time designate not more than seven regions within the state and establish regional appeal advisory boards for each of the designated regions.

�� (2) Each regional appeal advisory board shall consist of three regular members and three alternate members appointed by the State Fire Marshal. A member or alternate member of a regional appeal advisory board shall receive no compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses for state offices, shall receive actual and necessary travel and other expenses incurred in the performance of official duties. All appointed members must be persons qualified by experience and training. At least one member of each board must be a qualified architect who has practiced the profession for at least two years. Appointments shall be made for three-year terms. Any member may be removed by the State Fire Marshal for cause. Upon the death, resignation or removal of any member, a successor shall be appointed by the State Fire Marshal to serve the balance of the unexpired term. No member of a regional appeal advisory board shall sit in a case in which the member is interested and if any such case comes before the board, an alternate shall act in the place of the member. [1965 c.602 �7(1),(2); 2005 c.22 �354]

�� 476.115 Functions of regional appeal advisory boards; reports submitted to board. (1) Each regional appeal advisory board shall:

�� (a) Elect a chairperson to whom referral of any matter by the State Fire Marshal shall be effective as to all board members, and who shall call and preside over meetings.

�� (b) Consider, and make recommendations to the State Fire Marshal concerning, any application for adjustment or variance arising within that region and referred to the board by the State Fire Marshal within 15 days after such referral. With relation to the referred matter the board may hold a hearing and receive testimony. The recommendations of the board shall be made in writing to the State Fire Marshal and shall be accompanied by a summary of any testimony received, any documentary or physical evidence received, any affidavit submitted by applicant and a summary of any special facts found by the board.

�� (c) Hear and consider, and make recommendations to the State Fire Marshal concerning, any appeal from an order made appealable by law, within 15 days after referral of such appeal to the board by the State Fire Marshal. Such recommendations shall be accompanied by the same summaries and evidentiary matter as in the case of an application for adjustment or variance referred to the board.

�� (d) Make recommendations to the State Fire Marshal concerning any matter referred to the board by the State Fire Marshal or considered by the board on its own motion, relating to fire prevention, protection from fire or other safety measures.

�� (2) At the time of each appeals board meeting a deputy state fire marshal shall submit to the board a report containing the pertinent facts and the manner in which the statutes or regulations apply to the case in point. [1965 c.602 �7(3)]

�� 476.117 Oregon Fire Code; copies of fire prevention code. (1) The Department of the State Fire Marshal shall:

�� (a) Adopt a base fire prevention code, identified as the Oregon Fire Code;

�� (b) Keep the base fire prevention code on file at the state headquarters; and

�� (c) Make a copy of the base fire prevention code publicly available electronically.

�� (2) If a fire district adopts a fire prevention code that contains provisions in addition to the provisions in the base fire prevention code adopted by the department, the fire district shall:

�� (a) Keep a copy of the fire district�s fire prevention code, and additional provisions, on file at the fire district administrative office; and

�� (b) Make copies of the fire district�s fire prevention code, and additional provisions, publicly available electronically. [2025 c.179 �4]

�� Note: 476.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.120 Minimum standards for protection of life and property. The State Fire Marshal, in making rules and regulations establishing minimum standards for the protection of life and property against fire, shall consider as evidence of generally accepted standards the applicable standards prescribed from time to time by the National Fire Protection Association. The State Fire Marshal may request consideration and recommendations from the Department of Public Safety Standards and Training before adopting any such regulations. [1963 c.523 �4; 1967 c.417 �5; 1973 c.667 �19; 1993 c.185 �28; 1997 c.853 �42]

�� 476.125 Supplies and equipment for employees. (1) The Department of the State Fire Marshal shall provide department employees with standard uniforms, response apparatus, motor vehicles and all other emergency supplies and equipment necessary to carry out the duties of the department.

�� (2) The Oregon Department of Administrative Services may sell, transfer, recycle or otherwise dispose of surplus, obsolete or unused property of the Department of the State Fire Marshal, as described in ORS 279A.280.

�� (3) The State Fire Marshal shall specify a standard pattern and distinctive design for the uniforms described in subsection (1) of this section. [2023 c.347 �3]

�� 476.130 Statistical reports; price; sale; deposit of proceeds. (1) The State Fire Marshal may from time to time cause to be prepared statistical reports on the history and condition of state fire defenses, and an analysis of contributing factors of fire causes for the period of the report. Such reports may be printed at the expense of the Department of the State Fire Marshal and sold at a price not to exceed cost of printing and distribution. Receipts from the sale of such material shall be deposited with the State Treasurer and shall be placed in the State Fire Marshal Fund.

�� (2) The State Fire Marshal may fix a sale price for each copy of any publication of the department supplied to private persons interested therein, when such publication has been approved as provided by law. [1965 c.602 �8; 2021 c.539 �126]

�� 476.132 Wildfire readiness and response capacity. (1) The Department of the State Fire Marshal shall increase the department�s wildfire readiness and response capacity to the extent the department receives funding for the increase, by means including:

�� (a) Increasing fire prevention and response personnel and fire administrative support personnel to address planning, communications, training, deployment and safety.

�� (b) Implementing innovative technologies and modernizing systems to expedite fire resource deployment in an efficient and safe manner.

�� (2) The State Fire Marshal may:

�� (a) Designate funding intended for the Oregon fire mutual aid system to support pre-positioning of resources and costs.

�� (b) Enter into contracts with federal or state agencies, other states, political subdivisions, corporations and authorities having fire suppression jurisdiction for fire prevention, suppression, coordination and response. [2021 c.592 �30b; 2023 c.9 �43]

�� Note: 476.132 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

INSPECTION PROCEDURES

�� 476.150 Entry and inspection of premises; interfering with or preventing entry prohibited. (1) The State Fire Marshal and deputies, at all reasonable hours, may enter into all buildings and upon all premises, except private residences, for the purpose of inspection to ascertain if fire hazards exist therein or thereon. Owners of private residences may request a fire inspection of their property.

�� (2) No person shall interfere with or prevent any such inspection by such officers.

�� (3) When any person interferes with or prevents the State Fire Marshal or deputies from making the inspection mentioned herein, the officer shall apply to the district attorney of the county wherein the inspection was made or attempted to be made, for a warrant for the arrest of the offending person, and it shall be the duty of such district attorney forthwith to prosecute such offending person. [Formerly

ORS 476.280

476.280, the governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may, on forms furnished by the Department of the State Fire Marshal for such purposes, bill the owner of the property involved in the fire for the cost of providing the fire suppression service. The governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may determine the cost of providing the fire suppression service by use of a state standardized-costs schedule as approved by the State Fire Marshal. The cost charged for providing the fire suppression service may not be greater than the pro rata cost that would have been charged by the city or district for the performance by the city or district of a similar fire suppression service within its jurisdiction. If the cost is not paid within 30 days after the second billing, the governing body of the city or the district board of the rural fire protection district that provided the fire suppression service may bring an action for the recovery of the unpaid cost from the owner of the real property upon which the fire suppression service was rendered. [1971 c.683 �2; 2005 c.22 �355; 2021 c.539 �130]

�� 476.310 [Amended by 1957 c.432 �1; 1963 c.222 �1; 1965 c.253 �143; 1991 c.459 �415a; 2005 c.22 �356; repealed by 2025 c.581 �31]

�� 476.320 [Amended by 1957 c.83 �5; 1965 c.253 �144; 1967 c.429 �53; 1981 c.362 �1; 1991 c.459 �415b; 1999 c.355 �1; repealed by 2025 c.581 �31]

�� 476.330 [Amended by 1955 c.262 �1; 1959 c.288 �1; 1963 c.9 �29; 1967 c.356 �1; 1969 c.590 �1; 1971 c.647 �107; 1991 c.459 �416; 2007 c.154 �63; repealed by 2025 c.581 �31]

�� 476.340 [Amended by 1955 c.262 �2; 1963 c.222 �2; repealed by 2025 c.581 �31]

FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED

�� Note: Section 32, chapter 581, Oregon Laws 2025, provides:

�� Sec. 32. Classification of zone 1 lands as Class 3 lands. Lands that are classified under ORS 476.310 [repealed] as zone 1 lands immediately prior to the effective date of this 2025 Act [September 26, 2025] are classified as Class 3 lands, as defined in ORS 526.324, unless and until reclassified. [2025 c.581 �32]

�� 476.380 Fire permits; limitations upon burning; records. (1) No person, outside the boundaries of a rural fire protection district or a forest protection district, shall cause or permit to be initiated or maintained on the property of the person, or cause to be initiated or maintained on the property of another any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing a permit from the county court or board of county commissioners.

�� (2) The county court or board of county commissioners, or its designated representative, shall prescribe conditions for issuance of any permit and shall refuse, revoke or postpone issuance of permits when necessary to prevent danger to life or property or to protect the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS

ORS 476.540

476.540. Any order issued by the Governor in relation to carrying out the provisions of ORS 476.520 to 476.610 may be either written or oral. If written, a copy thereof shall be filed in the office of the Secretary of State and another copy dispatched forthwith to the chief executive of any county, city or fire protection district affected. Immediately thereafter such order, rule or regulation shall be in effect. Oral orders may be made by the Governor when in the opinion of the Governor the emergency is such that delay in issuing a written order would be dangerous to the welfare of the people of the state. However, written copies of such oral order shall be filed and dispatched as soon after issuing such oral order as is conveniently possible in the manner above provided for written orders.

�� 476.590 Preparation of plans by State Fire Marshal; advice and counsel to Governor. The State Fire Marshal, in consultation with the Director of the Oregon Department of Emergency Management, shall prepare plans for the effective carrying out of the provisions of ORS 476.520 to 476.610 and provide advice and counsel to the Governor for the most practical utilization under ORS 476.520 to 476.610 of the fire-fighting resources of this state. [Amended by 2005 c.16 �2; 2021 c.539 �24]

�� 476.600 Liability for injury to person or property. Neither the state nor any county, city or fire district or other political subdivision nor any firefighter acting as the agent of any of the foregoing is liable for any injury to person or property resulting from the performance of any duty imposed by the authority of ORS

ORS 476.846

476.846. [2009 c.6 �5]

�� Note: See note under 476.831.

�� 476.855 [1973 c.667 �14; 1985 c.118 �11; 1993 c.185 �19; renumbered 476.033 in 1999]

�� 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.

�� 476.860 [1973 c.667 �12; 1977 c.104 �7; repealed by 1985 c.118 �17]

�� 476.865 [1973 c.667 �15; 1977 c.104 �8; 1985 c.118 �12; repealed by 1993 c.185 �34]

�� 476.870 [1981 c.97 �2; repealed by 1985 c.118 �17]

FIRE PROTECTION EQUIPMENT LOAN FUND

�� 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.

�� 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.

�� 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.

�� 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.

�� 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.

�� 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.

PENALTIES

�� 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 477.508. [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]

�� 476.995 Penalty for violation of ORS 476.760. The State Fire Marshal may impose a civil penalty for a violation of ORS

ORS 476.995

476.995�� Penalty for violation of ORS 476.760

GENERAL PROVISIONS

�� 476.005 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Fire protection equipment� means any apparatus, machinery or appliance intended for use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection equipment.

�� (2) �Governmental subdivisions� means a city, county or rural fire protection district in this state whose functions include regulation of building use and occupancy and the administration of fire safety laws, ordinances and regulations. [Formerly

ORS 477.068

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]

�� 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.

�� 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]

�� 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.

�� 477.130 [Formerly 477.058; 1971 c.743 �386; 1973 c.46 �3; 1997 c.274 �3b; repealed by 1999 c.355 �17]

�� 477.132 [Repealed by 1953 c.375 �38]

�� 477.133 [1953 c.375 �31; 1957 c.309 �10; 1965 c.253 �79; renumbered 477.420]

�� 477.134 [Repealed by 1953 c.375 �38]

�� 477.135 [1953 c.375 �32; 1957 c.309 �11; 1965 c.253 �80; renumbered 477.425]

�� 477.136 [Repealed by 1953 c.375 �38]

�� 477.142 [1963 c.454 �2; 1965 c.253 �73; renumbered 477.315]

�� 477.144 [1963 c.454 �3; 1965 c.253 �74; renumbered 477.320]

�� 477.146 [1963 c.454 �4; 1965 c.253 �75; renumbered 477.325]

�� 477.148 [1963 c.454 �5; repealed by 1965 c.253 �48 (477.058 enacted in lieu of 477.148)]

�� 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 and 477.155 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.

�� 477.152 [Amended by 1953 c.68 �19; 1955 c.450 �1; 1959 c.363 �8; 1961 c.603 �12; 1963 c.107 �5; repealed by 1965 c.253 �153]

�� 477.154 [Amended by 1953 c.68 �19; 1963 c.107 �6; repealed by 1965 c.253 �153]

�� 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.

�� 477.156 [Amended by 1953 c.68 �19; 1965 c.253 �99; renumbered 477.535]

�� 477.158 [Amended by 1953 c.68 �19; 1957 c.32 �2; 1959 c.363 �9; 1965 c.253 �101; renumbered 477.545]

�� 477.160 [Amended by 1953 c.68 �19; 1965 c.253 �100; renumbered 477.540]

�� 477.161 [2021 c.592 �28; repealed by 2025 c.590 �1]

�� 477.162 [Amended by 1965 c.253 �102; renumbered 477.550]

�� 477.164 [Amended by 1953 c.302 �2; renumbered 476.715]

�� 477.165 [1953 c.68 �14; 1965 c.253 �94; renumbered 477.510]

NORTHWEST WILDLAND FIRE PROTECTION AGREEMENT

�� 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.

�� 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.

�� 477.182 [Amended by 1965 c.253 �111; renumbered 477.645]

�� 477.184 [Amended by 1953 c.68 �19; 1955 c.158 �2; 1965 c.253 �112; renumbered 477.650]

�� 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.

�� 477.186 [Amended by 1953 c.68 �19; 1955 c.158 �3; 1957 c.32 �3; 1965 c.253 �113; renumbered 477.655]

�� 477.187 [1953 c.68 �8; 1955 c.158 �4; 1965 c.253 �114; renumbered 477.660]

�� 477.188 [Amended by 1953 c.68 �19; 1955 c.158 �5; 1965 c.253 �115; 1965 c.428 ��13,14; renumbered 477.665]

�� 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

ORS 477.165

477.165; 1997 c.274 �11]

�� 477.512 Additional acts prohibited during fire season. (1) As used in this section:

�� (a) �Exploding target� means a device:

�� (A) Designed for use or used as a target for small arms ammunition or for other projectiles;

�� (B) Consisting of a flammable substance or flammable combination of substances; and

�� (C) Capable of exploding when struck by small arms gunfire or by other projectiles.

�� (b) �Small arms� means a shotgun, rifle, pistol or revolver.

�� (c) �Tracer ammunition� means a bullet that contains a flammable substance designed to ignite upon firing of the bullet and to burn with sufficient brightness to allow observation of the bullet trajectory.

�� (2) A person violates this section if, during a fire season declared under ORS 477.508 for a forest protection district or a part of a forest protection district:

�� (a) The person discharges an exploding target or tracer ammunition on land that is inside the district or is within one-eighth of a mile of the district; or

�� (b) Tracer ammunition discharged by the person crosses above land that is inside the district or is within one-eighth of a mile of the district.

�� (3) Violation of this section is a Class A violation. In addition to any enforcement officer specifically identified in ORS 153.005, the State Fire Marshal, the State Forestry Department or the State Forester may issue a citation for a violation under this section. [2013 c.223 �2; 2016 c.123 �2]

�� Note: 477.512 was added to and made a part of ORS chapter 477 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Permits)

�� 477.515 Permits required for fires on forestlands; waiver; permit conditions; cooperative agreements for permit administration; rules. (1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one�s own land or on the land of another, without first securing a written permit for burning from the forester and complying with the conditions of the permit. In granting permits for burning:

�� (a) The forester may waive the requirement that permits be secured prior to burning, except during a fire season or when required under rules adopted pursuant to subsection (4) of this section.

�� (b) The forester shall prescribe conditions necessary to be observed in setting a fire and preventing it from spreading out of control.

�� (c) The forester may prescribe conditions necessary to be observed in maintaining air quality.

�� (2) Any permit obtained through willful misrepresentation is void.

�� (3) To avoid confusion or duplication of administration and to promote government efficiency, the forester may enter into a cooperative agreement with a county, a city or a rural fire protection district that:

�� (a) Allows the forester to administer the requirements of this section, in conjunction with the enforcement authority of ORS 477.980 to 477.993, on lands not otherwise subject to the requirements of this chapter; or

�� (b) Allows the cooperating agency to administer the burning permit requirements of ORS chapter 476 or 478, as appropriate, including applicable enforcement authority, on lands otherwise subject to the requirements of this chapter.

�� (4) All burning allowed under this section shall comply with applicable rules that may be adopted by the State Board of Forestry and the Department of Environmental Quality.

�� (5) The provisions of this section do not apply to campfires. [1965 c.253 �95; 1969 c.204 �204; 1969 c.680 �1; 1971 c.297 �1; 1997 c.274 �12; 1999 c.355 �14]

�� 477.520 Refusal, suspension or revocation of permits. The forester may refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester to prevent danger to life, health, forest resources or property. The forester may also refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester, and after consultation with the Environmental Quality Commission to prevent air pollution, as defined in ORS 468A.005. [1965 c.253 �96; 1969 c.680 �2; 1997 c.274 �13]

�� 477.525 [1965 c.253 �97; repealed by 1967 c.429 �14 (477.526 enacted in lieu of 477.525)]

�� 477.526 [1967 c.429 �15 (enacted in lieu of 477.525); repealed by 1969 c.204 �8]

�� 477.530 [1965 c.253 �98; repealed by 1997 c.274 �55]

�� 477.532 Regional air quality authority�s functions limited. None of the functions of the Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by any regional air quality authority established pursuant to ORS

ORS 477.200

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.

�� 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.

�� 477.200 Northwest Wildland Fire Protection Agreement. The provisions of the Northwest Wildland Fire Protection Agreement are as follows:

ARTICLE I

�� The purpose of this agreement is to promote effective prevention, presuppression and control of forest fires in the northwest wildland region of the United States and adjacent areas of Canada by providing mutual aid in prevention, presuppression and control of wildland fires and by establishing procedures in operating plans that will facilitate such aid.

ARTICLE II

�� (1) This agreement shall become effective for those members ratifying it whenever any two or more members, the States of Oregon, Washington, Alaska, Idaho, Montana, the Yukon Territory, the Province of British Columbia or the Province of Alberta have ratified it, and when consented to by an Act of Congress of the United States.

�� (2) Any state, province or territory not listed in this Article which is contiguous to any member may become a party to this agreement subject to unanimous approval of the members.

ARTICLE III

�� (1) The role of the members is to determine from time to time such methods, practices, circumstances and conditions as may be found for enhancing the prevention, presuppression and control of forest fires in the area comprising the members� territory, to coordinate the plans and the work of the appropriate agencies of the members and to coordinate the rendering of aid by the members to each other in fighting wildland fires.

�� (2) The members may develop cooperative operating plans for the program covered by this agreement. Operating plans shall include definition of terms, fiscal procedures, personnel contracts, resources available and standards applicable to the program. Other sections may be added as necessary.

ARTICLE IV

�� A majority of members shall constitute a quorum for the transaction of its general business. Motions of members present shall be carried by a simple majority, except as stated in Article II. Each member shall have one vote on motions brought before the members.

ARTICLE V

�� Whenever a member requests aid from any other member in controlling or preventing wildland fires, the member agrees, to the extent the member possibly can, to render all possible aid.

ARTICLE VI

�� (1) Whenever the forces of any member are aiding another member under this agreement, the employees of such members shall operate under the direction of the officers of the member to whom they are rendering aid and be considered agents of the member they are rendering aid to and, therefore, have the same privileges and immunities as comparable employees of the member to whom they are rendering aid.

�� (2) No member or its officers or employees rendering aid within another state, territory or province pursuant to this agreement shall be liable on account of any act or omission on the part of such forces while so engaged or on account of maintenance or use of any equipment or supplies in connection therewith to the extent authorized by the laws of the member receiving the assistance. The receiving member, to the extent authorized by the laws of the state, territory or province, agrees to indemnify and save harmless the assisting member from any such liability.

�� (3) Any member rendering outside aid pursuant to this agreement shall be reimbursed by the member receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request in accordance with the provisions of Article V of this agreement. Nothing contained herein shall prevent any assisting member from assuming such loss, damage, expense or other cost from lending such equipment or from donating such services to the receiving member without charge or cost.

�� (4) For purposes of this agreement, personnel shall be considered employees of each sending member for the payment of compensation to injured employees and death benefits to the representatives of deceased employees injured or killed while rendering aid to another member pursuant to this agreement.

�� (5) The members shall formulate procedures for claims and reimbursement under the provisions of this Article.

ARTICLE VII

�� (1) When appropriations for support of this agreement or for the support of common services in executing this agreement are needed, costs will be allocated equally among the members.

�� (2) As necessary, members shall keep accurate books of account, showing in full the members� receipts and disbursements, and the books of account shall be open at any reasonable time to the inspection of representatives of the members.

�� (3) The members may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services from the federal or any local government or any agency thereof and from any person, firm or corporation for any of its purposes and functions under this agreement and may receive and use the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

ARTICLE VIII

�� (1) Nothing in this agreement shall be construed to limit or restrict the powers of any member to provide for the prevention, control and extinguishment of wildland fires or to prohibit the enactment or enforcement of state, territorial or provincial laws, rules or regulations intended to aid in such prevention, control and extinguishment of wildland fires in such state, territory or province.

�� (2) Nothing in this agreement shall be construed to affect any existing or future cooperative agreement between members or their respective federal agencies.

ARTICLE IX

�� (1) The members may request the United States Forest Service to act as the coordinating agency of the Northwest Wildland Fire Protection Agreement in cooperation with the appropriate agencies of each member.

�� (2) The members will hold an annual meeting to review the terms of this agreement and any applicable operating plans and make necessary modifications.

�� (3) Amendments to this agreement can be made by simple majority vote of the members and will take effect immediately upon passage.

ARTICLE X

�� This agreement shall continue in force on each member until such member takes action to withdraw therefrom. Such action shall not be effective until 60 days after notice thereof has been sent to all other members.

ARTICLE XI

�� Nothing in this agreement shall obligate the funds of any member beyond those approved by appropriate legislative action.

[1999 c.258 �2; 2003 c.14 �313]

�� Note: See note under 477.175.

FOREST PROTECTION DISTRICTS

�� 477.205 Definitions for ORS 477.205 to 477.281. As used in ORS 477.205 to 477.281:

�� (1) �Budget� means an estimate of the amount of moneys a forest protection district needs for preparedness for, and for the prevention and suppression of, forest fires on forestland, not including centralized administration costs.

�� (2) �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.

�� (3) �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; 2025 c.581 �12]

�� 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]

�� 477.212 [Amended by 1953 c.68 �19; 1965 c.253 �104; renumbered 477.615]

�� 477.214 [Repealed by 1953 c.68 �19]

�� 477.215 [1953 c.68 �16; 1965 c.253 �105; renumbered 477.620]

�� 477.216 [Amended by 1953 c.68 �19; repealed by 1957 c.32 �4 (477.217 enacted in lieu of 477.216)]

�� 477.217 [1957 c.32 �5 (enacted in lieu of

ORS 477.205

477.205, whose grazing land is being assessed for forest fire protection within a forest protection district.

�� (d) One member appointed at large to represent one of the groups identified in paragraphs (a) through (c) of this subsection.

�� (5) The board shall appoint at least one member from each forest region established under ORS

ORS 477.265

477.265]

�� 477.052 [1997 c.429 �14; 2007 c.30 �6; repealed by 2021 c.592 �34]

�� 477.053 [1953 c.372 �18; 1955 c.318 �3; 1961 c.603 �6; 1965 c.253 �58; renumbered 477.220]

�� 477.054 [1997 c.429 �15; 2007 c.30 �7; repealed by 2021 c.592 �34]

�� 477.055 [1953 c.372 �19; repealed by 1965 c.253 �153 and 1965 c.428 �18]

�� 477.056 [1965 c.253 �47 (enacted in lieu of 477.070); 1967 c.429 �57; renumbered 477.120]

�� 477.057 [1997 c.429 �16; 2007 c.30 �8; repealed by 2021 c.592 �34]

�� 477.058 [1965 c.253 �49 (enacted in lieu of 477.148); 1967 c.429 �58; renumbered 477.130]

�� 477.059 [1997 c.429 �17; 2007 c.30 �9; repealed by 2021 c.592 �34]

�� 477.060 [1997 c.429 �18; 2001 c.361 �1; 2007 c.30 �10; repealed by 2021 c.592 �34]

�� 477.061 [1997 c.429 �2; 2007 c.30 �11; repealed by 2021 c.592 �34]

HAZARD ABATEMENT

�� 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]

FIRE ABATEMENT

�� 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]

�� 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]

�� 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]

�� 477.068 Liability for cost of abatement; interest; lien; foreclosure; attorney fees. (1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or extinguishing the fire shall be paid by the owner or operator within 90 days after the date on which the first written demand for payment of the actual cost is mailed by the State Forester to the owner or operator. If the actual cost is not paid within such 90-day period, such amount shall bear interest at 10 percent per year from the date on which the first written demand for the payment of the actual costs was mailed by the State Forester and the actual cost together with such interest may be recovered from such owner or operator by an action prosecuted in the name of the State of Oregon, or such forest protective association or agency, or both.

�� (2) An itemized statement of the actual cost incurred by the forester or association or agency, or both, certified to by the forester, shall be accepted as prima facie evidence of the actual cost in any proceeding authorized by this section.

�� (3) The actual cost in cases covered by ORS 477.066 shall constitute a general lien upon the real and personal property of such owner or operator. A written notice of the lien, containing a description of the property and a statement of the actual cost, shall be certified under oath by the forester or any warden and filed in the office of the county clerk of the county in which the lands and personal property are situated within 12 months after the calendar year within which the fire originated, and may be foreclosed in the manner provided by law for foreclosure of liens for labor and material. In any proceeding to foreclose a lien created under this subsection, recovery for the plaintiff shall include, in addition to the amount of the actual cost, interest on such amount at the rate of 10 percent per year from the date of the filing of the written notice of the lien.

�� (4) Upon request of the forester, the district attorney for the district in which the lands and personal property are situated or the Attorney General shall prosecute such action or foreclose the lien in the name of the State of Oregon or such forest protective association or agency, or both. Liens provided for in this section shall cease to exist unless suit for foreclosure is instituted within 12 months from the date of filing under subsection (3) of this section.

�� (5) In any action under subsection (1) of this section to recover actual cost and in any proceeding to foreclose any lien created by subsection (3) of this section, the court shall award, in addition to costs and disbursements, reasonable attorney fees at trial and on appeal to the prevailing party. [Formerly 477.038; 1955 c.218 �1; 1959 c.363 �6; 1961 c.603 �8; 1965 c.253 �53; 1965 c.428 ��11,12; 1973 c.66 �1; 1981 c.897 �54; 1983 c.22 �3; 1983 c.27 �1; 1997 c.206 �1]

�� 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]

�� 477.070 [Formerly 477.040; 1955 c.218 �2; 1959 c.363 �7; 1961 c.603 �10; 1963 c.107 �4; repealed by 1965 c.253 �46 (477.056 enacted in lieu of 477.070)]

�� 477.071 [Formerly 477.042; 1961 c.603 �11; 1965 c.253 �52; renumbered 477.067]

�� 477.072 [Repealed by 1953 c.372 �22]

�� 477.073 [Formerly 477.050; 1957 c.83 �8; repealed by 1965 c.253 �153]

�� 477.074 [Repealed by 1953 c.372 �22]

�� 477.076 [Repealed by 1953 c.372 �22]

�� 477.078 [Repealed by 1953 c.372 �22]

�� 477.080 [Repealed by 1953 c.372 �22]

�� 477.082 [Repealed by 1953 c.372 �22]

�� 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]

�� 477.089 Recovery for property damage; liability for firefighting costs. (1) As used in this section:

�� (a) �Economic and property damage� means the sum of:

�� (A) The lesser of the difference in the fair market value of property immediately before and immediately after a wildfire or the cost of restoring property to the condition the property was in immediately before a wildfire; and

�� (B) Any other objectively verifiable monetary losses.

�� (b) �Fair market value� means the amount, as determined by a state certified appraiser, that a willing buyer would pay to a willing seller for property in an arm�s-length transaction if both parties were fully informed about all advantages and disadvantages of the property and neither party is acting under a compulsion to buy or sell.

�� (c) �Forest tree species� means a tree species that is capable of producing logs, fiber or other wood materials that are suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products.

�� (d) �State certified appraiser� means an individual who has been certified as a state certified appraiser under ORS 674.310 and is qualified to appraise the property that is the subject of a fair market value determination.

�� (e) �Wildfire� means a fire that:

�� (A) Results from a violation of this chapter or of rules adopted under ORS 526.016 or 526.041; or

�� (B) Originated on land used or capable of being used for growing forest tree species regardless of the existing use of the land.

�� (2) Except as provided in ORS 477.092 and 477.095, in a civil action for property damage caused by a wildfire, the recoverable damages are:

�� (a) The amount of economic and property damages, if the wildfire did not occur as the result of recklessness, gross negligence, willfulness or malice; or

�� (b) Twice the amount of economic and property damages, if the wildfire occurred as the result of recklessness, gross negligence, willfulness or malice.

�� (3) Except as provided in ORS 477.095 and subject to any other provision of this chapter limiting the recovery of fire fighting costs, a person who causes a wildfire is liable to any person or entity for the full amount of all expenses incurred by the person or entity in fighting the wildfire.

�� (4) The remedies provided under this section are in addition to any available criminal or civil penalties that may be assessed for the violation of a statute or rule but, subject to Article I, section 10, of the Oregon Constitution, are the exclusive remedies for damages or injury to property caused by a wildfire. This subsection does not:

�� (a) Prohibit the bringing of any cross claim, counterclaim or joinder of parties;

�� (b) Prohibit the institution of a suit under ORS 496.705 for the recovery of damages for the unlawful taking of wildlife; or

�� (c) Affect the applicability of ORS 31.600 to an action.

�� (5) This section does not create a new cause of action or alter any existing cause of action. [2013 c.307 �2]

�� Note: 477.089 and 477.092 were added to and made a part of ORS chapter 477 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 477.090 [Formerly 477.310; 1971 c.743 �384; 1987 c.919 �18; repealed by 2013 c.307 �8]

�� 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.

�� 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]

�� 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]

�� 477.101 [1959 c.363 �19; 1965 c.253 �135; repealed by 1965 c.428 ��8,18]

�� 477.102 [Repealed by 1953 c.372 �22]

�� 477.104 [Repealed by 1953 c.372 �22]

�� 477.106 [Repealed by 1953 c.372 �22]

�� 477.108 [Repealed by 1953 c.372 �22]

�� 477.110 [Repealed by 1953 c.372 �22]

�� 477.112 [Repealed by 1953 c.372 �22]

�� 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

ORS 477.304

477.304; 1967 c.429 �50; 1993 c.430 �2; 1997 c.274 �32]

�� 477.715 [1965 c.253 �129; repealed by 1971 c.743 �432]

�� 477.720 Accidentally setting fire to forestland; failure to prevent spread. (1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do.

�� (2) It is unlawful, having built a fire on or near forestland, through carelessness or neglect to permit the fire to spread to or through the forestland. [1965 c.253 �130]

�� 477.730 [Formerly 477.306; repealed by 1971 c.743 �432]

�� 477.735 [Formerly 477.308; 1971 c.743 �389; repealed by 1987 c.905 �37]

�� 477.740 Unlawful use of fire. A person commits the offense of unlawful use of fire if the person:

�� (1) In the ignition of a fire:

�� (a) Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state;

�� (b) Intentionally or negligently allows fire to escape from the person�s own land, or land of which the person is in possession or control; or

�� (c) Accidentally sets any fire on the person�s own land or the land of another and allows it to escape from control without extinguishing it, or making a bona fide effort to do so.

�� (2) Having knowledge of a fire burning on the person�s own land, or land of which the person is in possession or control, fails or neglects to make a bona fide effort to extinguish the same, regardless of whether or not the person is responsible for the starting or existence thereof. [1971 c.743 �307; 1993 c.697 �7; 1997 c.274 �33]

�� 477.745 Liability of parents for costs of suppressing fire caused by minor child. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.

�� (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the forester for one or more acts.

�� (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

�� (4) Nothing in subsections (1) to (3) of this section applies to:

�� (a) Foster parents.

�� (b) Parents who have filed a petition for the unemancipated minor child under ORS 419B.809. [1995 c.605 �6; 2001 c.622 �52]

�� 477.747 Policies and plans for restoration of burned forestland. The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources by adopting and implementing policies and management plans to begin efforts to restore and recover forestlands burned by fire so that social, economic and environmental values are not lost due to delay. These agencies shall coordinate, to the extent needed, to promote the efficient use of state resources in developing their fire restoration and recovery policies and plans. The Oregon Department of Administrative Services may assist state agencies under this section in developing contract and other procedures to expedite restoration and recovery efforts. The Oregon Department of Administrative Services shall provide appropriate contracting assistance and exceptions as may be necessary to expedite restoration and recovery efforts. [2003 c.456 �1]

�� Note: 477.747 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.

�� 477.748 Small forestland grant program. (1) As used in this section, �small forestland owner� means an individual, group, federally recognized Indian tribe in Oregon or association that owns:

�� (a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or

�� (b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Mountains.

�� (2) The State Forestry Department shall establish a small forestland grant program for the purpose of providing grants, on a competitive basis, to support small forestland owners in reducing wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuels on the owners� property.

�� (3) In consultation with partners and stakeholders, the department shall set criteria for assessing grant applications and awarding grants. The criteria may include, but need not be limited to:

�� (a) Owner commitment to maintaining fuel reduction treatments.

�� (b) Owner possession of a forest management plan.

�� (c) Project proximity to current or past fuel mitigation efforts, supported by any owner or funding source, that would contribute to cross-boundary, landscape-scale forest resiliency.

�� (d) Whether the project addresses additional resource concerns, such as insect and disease management.

�� (e) Whether critical facilities and infrastructure may receive enhanced protection due to project outcomes. [2021 c.592 �24; 2023 c.611 �12; 2025 c.590 �19]

�� Note: 477.748 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.

OREGON FOREST LAND

PROTECTION FUND

�� 477.750 Oregon Forest Land Protection Fund; source; use. (1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund.

�� (2) The Oregon Forest Land Protection Fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775.

�� (3) The State Treasurer shall deposit and invest moneys in the fund as provided by law, taking into account its uses and purposes. Interest earned by the fund shall be credited to the fund. If reimbursements are made for payments from the Oregon Forest Land Protection Fund, such reimbursements shall be credited to the fund.

�� (4) Notwithstanding any other law and as limited by ORS 477.750 to 477.775, that part of the suspense account created by ORS 321.145 that is derived from the tax levied by ORS 321.015 (2) after refunds and other costs permitted by law, shall be credited to the Oregon Forest Land Protection Fund. [1969 c.524 �2; 1983 c.16 �3; 1985 c.759 �33; 1989 c.769 �12; 1989 c.966 �57; 2025 c.581 �24]

�� 477.755 Appropriation of fund; limitation on expenditures. (1) As used in this section, �annual expenditure� means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period, consistent with the fiscal year budgeting of the State Forestry Department.

�� (2) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:

�� (a) Making payments for the fiscal year budgets of forest protection districts, but not for centralized administration costs;

�� (b) Paying necessary expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;

�� (c) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district; and

�� (d) Issuing loans to the department or forest protection associations that relate to necessary wildfire costs. [1969 c.524 �3; 1989 c.23 �1; 1991 c.639 �5; 2003 c.685 ��4,9; 2005 c.802 ��11,12; 2013 c.619 ��1,2,3; 2025 c.581 �25]

�� 477.760 Rules for administration of fund; annual determination of fund balance. The Emergency Fire Cost Committee shall:

�� (1) Adopt rules relating to the administration of the Oregon Forest Land Protection Fund.

�� (2) Annually determine the unencumbered balance of the fund as of the end of the preceding calendar year. [1969 c.524 �4; 1985 c.158 �1; 1985 c.759 �34; 1989 c.769 �4; 1991 c.639 �6; 1993 c.653 �21; 2003 c.685 ��5,10; 2005 c.802 ��13,14; 2025 c.581 �26]

�� 477.765 [1969 c.524 �5; repealed by 1985 c.759 �40]

�� 477.770 Rules relating to use of fund. In addition to rules adopted under ORS 477.760, the Emergency Fire Cost Committee shall adopt rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. The rules may:

�� (1) Set forth a process for reviewing the disbursement of moneys from the fund; and

�� (2) Establish best practices for reviewing forest protection district budgets and emergency fire suppression costs. [1969 c.524 �6; 1977 c.182 �3; 1981 c.321 �5; 2007 c.847 �3; 2025 c.581 �26a]

�� 477.775 Emergency fire suppression costs insurance; considerations. (1) At the first regularly scheduled meeting of the Emergency Fire Cost Committee in a calendar year, the committee and the State Forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season of that year.

�� (2) In determining whether the purchase of insurance is advisable, the State Forester and the committee shall consider:

�� (a) The cost, coverage and deductible of insurance available from private insurance carriers;

�� (b) The funding available for fire suppression;

�� (c) The current condition of forests;

�� (d) Long-term weather predictions;

�� (e) Available fire fighting resources; and

�� (f) Available funds for the purchase of insurance.

�� (3) If the State Forester decides to purchase insurance, the State Forester shall purchase insurance through the Oregon Department of Administrative Services. The insurance may be obtained through negotiation or competitive bids, whichever is in the best interest of this state. [1969 c.524 �10; 1985 c.158 �2; 1989 c.91 �1; 1989 c.769 �11; 1991 c.639 �7; 2005 c.802 �15; 2025 c.581 �27]

�� 477.777 Agency request budget; expenditures; report. (1) As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection districts pursuant to ORS 477.205 to

ORS 477.406

477.406.

�� (d) Payment for liability insurance and other administrative expenses of the rangeland protection association.

�� (3) A payment described in subsection (2)(d) of this section may not:

�� (a) Exceed 50 percent of the total of budgeted operating costs and the cash equivalent of in-kind supplies and services of the rangeland protection association in any fiscal year.

�� (b) Be paid from funds assessed from forestland owners under ORS 477.230. [2007 c.808 �2; 2016 c.69 �3; 2025 c.508 �5]

�� 477.320 Request of rangeland owners for protection; hearings; determination; cooperative agreements for protection. (1) Owners of rangeland may request the State Board of Forestry to hold a hearing on the subject of providing protection from fire for rangeland. Upon receipt of such request, the board or its authorized representative shall hold one or more public hearings in order to receive from interested persons information relating to the providing of such protection, and shall cause public notice of the time and place of each hearing to be given. The board or its authorized representatives shall keep the records of the proceedings of such hearings as public records.

�� (2) After the hearing referred to in subsection (1) of this section, the board shall determine whether the rangeland should be included within a protection system. If the board determines that rangeland should be included in a rangeland protection system, the board, in cooperation with interested persons, shall establish the extent and type of protection to be provided and direct the forester or a rangeland protection association to provide the protection. Such protection shall be commensurate with the values and uses of the rangeland to be protected.

�� (3) After proceedings under subsections (1) and (2) of this section, the forester or a rangeland protection association shall provide the type and extent of protection determined under subsection (2) of this section for rangeland determined to be included within a protection system under subsection (2) of this section. For the purpose of providing such protection, the forester and a rangeland protection association may enter into cooperative agreements or contracts with each other or, jointly or separately, with owners of rangeland, individuals, associations, corporations, road districts, rural fire protection districts or agencies of the federal government. [Formerly 477.144; 1999 c.355 �10; 2007 c.808 �5; 2016 c.69 �4]

�� 477.321 Rangeland Protection Association Fund. (1) The Rangeland Protection Association Fund is established in the State Treasury, separate and distinct from the General Fund.

�� (2) The Rangeland Protection Association Fund consists of moneys appropriated by the Legislative Assembly for deposit in the fund and other moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise.

�� (3) Moneys in the fund are continuously appropriated to the department for purposes described in ORS 477.322 (2) and 477.323. [2025 c.508 �4]

�� 477.322 Disposal and transfer of motor vehicles and equipment. Notwithstanding ORS 283.310 and

ORS 477.450

477.450, 477.455, 477.460, 477.755, 477.760, 477.770 and 477.775.

�� (3) The committee may:

�� (a) Make recommendations to the board concerning the minimum qualifications for serving on the committee.

�� (b) Establish standards, requirements or procedures that the committee considers necessary for the effective administration of the committee.

�� (4) The committee shall consist of six members, including one nonvoting representative of the board and five voting members who are appointed by the board as follows:

�� (a) Two members who are, or are representatives of, large forest owners whose forestland is being assessed for forest fire protection within a forest protection district.

�� (b) One member who is, or is a representative of, a small forest owner whose forestland is being assessed for forest fire protection within a forest protection district.

�� (c) One member who is, or is a representative of, an owner of grazing land, as defined in ORS

ORS 477.635

477.635]

�� 477.290 [1961 c.603 �14; 1965 c.253 �110; renumbered 477.640]

�� 477.291 [Formerly 477.039; repealed by 1999 c.355 �17]

�� 477.295 Minimum assessment under ORS 477.270; combining lots; fees; rules. (1)(a) For purposes of making the levy and assessment of costs against forestland under ORS 477.270, the minimum cost to provide fire protection or suppression for any lot or parcel of real property separately assessed for ad valorem taxes or other taxes provided by law in lieu thereof, on the current assessment roll shall be not less than $20, which amount must be paid into the Oregon Forest Land Protection Fund. Such assessments shall be determined under ORS 477.230 and 477.270.

�� (b)(A) Except as provided in subparagraph (B) of this paragraph, the minimum cost established by paragraph (a) of this subsection shall be adjusted annually for inflation since 2025 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (B) If the annual adjustment under this paragraph results in a minimum cost that is lower than the minimum cost for the previous year, the minimum cost shall remain unchanged from the previous year.

�� (2) Upon application to the State Forester under subsection (3) of this section, contiguous lots held under identical ownership shall be considered as one combined lot for purposes of subsection (1) of this section. However, the following may not be included in a combined lot:

�� (a) Except as provided in this paragraph, a lot on which a structure has been placed or improvements made for the purpose of erecting any temporary or permanent structure. One lot on which a single-family dwelling has been placed, and lots on which the structures and improvements that are appurtenant to that single-family dwelling have been placed, may be included in a combined lot that does not exceed 20 acres.

�� (b) A lot that is in a subdivision containing lots that have been or are being offered for sale.

�� (c) A lot that is not designated forest or agricultural land for the purpose of land use or special tax assessment purposes.

�� (3) To qualify under subsection (2) of this section:

�� (a) An owner of forestland must make an application to the State Forester no later than April 15 of the fiscal year preceding the fiscal year for which the owner desires the land to be assessed under subsection (2) of this section. The application must be on a form prescribed by the State Forester. The State Forester may charge a fee of $25 per combined lot, to be paid to the State Forester at the time of application for the combined lot.

�� (b) After an application under paragraph (a) of this subsection is approved, the owner of the forestland must apply again, as described in paragraph (a) of this subsection, every five years. The State Forester may charge a fee of $25 per combined lot, to be paid to the State Forester at the time of subsequent application.

�� (4) The State Board of Forestry may adopt rules for the administration of the provisions of subsections (2) and (3) of this section.

�� (5) For the purposes of this section, �lot� and �subdivision� have the meanings given those terms in ORS 92.010. [1965 c.428 �6; 1969 c.204 �1; 1977 c.153 �1; 1977 c.892 �49; 1981 c.321 �13; 1983 c.108 �1; 1989 c.769 �7; 1991 c.623 �1; 1991 c.639 �4; 1997 c.274 �7; 1999 c.355 �9; 2003 c.685 ��3,8; 2005 c.802 ��9,10; 2007 c.779 �3; 2025 c.581 �17]

�� 477.300 Use of funds in State Forestry Department Account for capital outlay expenditures of district. (1) Moneys available at any time in the State Forestry Department Account for the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys are not specifically obligated for other purposes, may be used by the forester with the approval of the State Board of Forestry for capital outlay expenditures in any forest protection district. Prior to the making of such capital outlay expenditures, the forester and board may specify that the account shall be reimbursed for all or a part of such expenditures, over a period not to exceed 10 years, from any one or a combination of the following sources:

�� (a) Forest patrol assessments of the district involved.

�� (b) Moneys derived from an association under ORS 477.406.

�� (c) Moneys derived from municipal, county, state or federal agencies under this chapter, for the protection of their forestland from fire.

�� (2) Any reimbursement of capital outlay expenditures required by the forester and board under subsection (1) of this section shall be a pro rata amount from the source or sources involved, based upon forestland acreage being protected in the district for which the expenditures are made. [Formerly 477.016]

�� 477.302 [Amended by 1965 c.253 �126; renumbered 477.705]

�� 477.304 [Amended by 1965 c.253 �127; renumbered 477.710]

�� 477.305 Forester to enforce prohibition against littering on forestland in districts. The forester is authorized to enforce the provisions of ORS 164.805 insofar as such affects forestland within forest protection districts established under this chapter. [1965 c.428 �2; 1971 c.743 �387]

�� 477.306 [Amended by 1965 c.253 �132; renumbered 477.730]

�� 477.308 [Amended by 1965 c.253 �133; renumbered 477.735]

�� 477.310 [Amended by 1959 c.363 �12; 1965 c.253 �134; renumbered 477.090]

�� 477.312 [Amended by 1959 c.363 �13; repealed by 1965 c.253 �153]

�� 477.314 [Repealed by 1965 c.253 �153]

RANGELAND

�� 477.315 Definitions for ORS 477.315 to 477.325. As used in ORS 477.315 to 477.325:

�� (1) �Rangeland� means any land:

�� (a) That is located in that part of the state lying easterly of the summit of the Cascade Mountains;

�� (b) That has not been classified as Class 1, Class 2 or Class 3 forestland under ORS 526.305 to

ORS 477.775

477.775.

�� (b) Acquiring and placing centrally managed fire suppression resources for statewide use.

�� (c) Acquiring fast-mobilizing, short-term contingency resources to be used based on predictions of severe fire weather, widespread lightning events or serious resource shortage due to a heavy fire season in this state, in the western region of the United States or nationally.

�� (d) Enhancing forest protection district resources in cases where land productivity or other economic factors seriously limit the ability of the State Forester to perform fire protection responsibilities.

�� (e) Mitigating forest patrol assessment rates in cases where land productivity or other economic factors seriously limit the ability of the owners of forestlands in the forest protection district to comply with ORS 477.210 (1).

�� (f) Providing funds for centralized administration costs.

�� (g) Making deposits into the State Forestry Department Large Wildfire Fund established by ORS 526.128 to provide funding for costs associated with obligations to the General Fund due to estimated emergency firefighting costs.

�� (h) Providing amounts to offset the annual costs of fire protection provided by the State Forester for certain forestland under ORS 526.375.

�� (2) The State Forester shall utilize critical discretion in the expenditure of the funds provided to the State Forestry Department pursuant to the separate request required under subsection (1) of this section.

�� (3) The State Forester shall report to the Emergency Board, each year, after the close of the fire season, on:

�� (a) The nature and severity of the fire season;

�� (b) The moneys expended on fire suppression, including moneys expended on resources acquired in accordance with subsection (1)(b) and (c) of this section and moneys expended for emergency firefighting costs;

�� (c) The balance remaining from the biennial appropriation; and

�� (d) Any matters arising out of the fire season that may require attention or warrant future consideration by the board or the Legislative Assembly.

�� (4) When reporting the nature and severity of the fire season under subsection (3) of this section, for each fire consuming 1,000 or more acres, the State Forester shall provide information regarding:

�� (a) The number of buildings that were damaged or destroyed by fire during the fire season.

�� (b) The number of acres of forestland that were burned during the fire season and an estimate of the economic value of the effects on the forestland.

�� (c) The number of acres of grazing land that were burned during the fire season and an estimate of the economic value of the effects on the grazing land.

�� (d) Any other information the State Forester deems relevant. [2005 c.802 �2; 2013 c.619 �4; 2015 c.517 �1; 2016 c.117 �72; 2025 c.581 �28]

�� 477.780 [1969 c.524 �14; repealed by 1985 c.759 �40]

�� 477.805 [1967 c.429 �37; repealed by 1985 c.759 �40]

�� 477.810 [1961 c.689 �2; 1965 c.253 �145; repealed by 1967 c.429 �61]

�� 477.820 [1961 c.689 �3; 1967 c.429 �39; repealed by 1985 c.759 �40]

�� 477.830 [1961 c.689 ��4,5(3); 1969 c.524 �11; 1977 c.182 �4; 1981 c.321 �2; repealed by 1985 c.759 �40]

�� 477.840 [1961 c.689 �5(1),(2); repealed by 1969 c.524 �15]

�� 477.850 [1961 c.689 �6; repealed by 1985 c.759 �40]

WILDFIRE PREPARED STRUCTURE PROGRAM

�� 477.855 Wildfire Prepared Structure Program; implementing grant program; rules. (1) In collaboration with the Department of Consumer and Business Services, the Department of the State Fire Marshal shall establish and implement a grant program called the Wildfire Prepared Structure Program to facilitate the retrofitting of dwellings existing on September 26, 2025, as well as dwellings constructed following wildfire damage, to be resistant and resilient to wildfire.

�� (2) To implement the program, the Department of the State Fire Marshal shall:

�� (a) Publish a list of eligible retrofits and materials that reduce the vulnerability of structures to wildfire and flying embers, as identified in section R327 of the Oregon Residential Specialty Code or other relevant industry best practices and standards.

�� (b) Consider the relative cost-effectiveness of the retrofits and materials.

�� (c) Award individual grants to persons and block grants to counties for the counties to award as individual grants to persons.

�� (d) Establish ranking and criteria for awarding individual grants that include a preference for projects that:

�� (A) Benefit persons who live in the wildland-urban interface, as defined pursuant to ORS

ORS 477.985

477.985 for violation of this chapter or rules or orders adopted pursuant thereto.

�� (e) Enter upon the lands of any owner only in the discharge of their fire prevention and suppression duties, provided that in so entering they exercise due care to avoid doing damage.

�� (f) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgment of the warden.

�� (g) Make a written determination, on a form prescribed by the State Forester, of the personnel and equipment reasonably available to an owner or operator who is required to make every reasonable effort pursuant to ORS 477.120 (5) and revise such determination as frequently as is necessary in the judgment of the warden.

�� (h) Make a written determination, on a form prescribed by the State Forester, of the use of any power-driven machinery in any operation pursuant to ORS 477.670 and revise such determination as frequently as is necessary in the judgment of the warden.

�� (2) The forester, or any warden coming under the jurisdiction of the forester, may administer oaths in investigations of violations of this chapter and the preparation of reports thereon. [Formerly 477.012; 1971 c.743 �388; 1993 c.697 �4; 1997 c.274 �9; 2003 c.14 �316]

�� 477.370 [Formerly 477.014; 1987 c.158 �104; repealed by 1997 c.274 �55]

�� 477.375 [1965 c.253 �91; repealed by 1997 c.274 �55]

�� 477.405 [1965 c.253 �77; repealed by 1967 c.429 �23 (477.406 enacted in lieu of 477.405)]

COOPERATIVE CONTRACTS

OR AGREEMENTS

�� 477.406 Cooperative contracts or agreements for forest protection or forest related activities; negotiation. (1) For the prevention, mitigation and suppression of fire on forestland or on land other than forestland, or both, the forester and a forest protective association may:

�� (a) Jointly or separately purchase and dispose of, or contract for, goods, services, supplies, equipment or motor vehicles.

�� (b) Enter into a contract or agreement with each other or, jointly or separately, with a federal or state agency, political subdivision, corporation, responsible organization or responsible landowner or group of landowners.

�� (2) Contracts and agreements under subsection (1) of this section, and all renewals and revisions thereof, must be negotiated in accordance with procedures specified by rules of the State Board of Forestry.

�� (3) The forester and a forest protective association may enter into a contract or agreement for the accomplishment of forestry related activities.

�� (4) Contracts and agreements between the forester and a forest protective association under subsections (1) and (2) of this section may include the purchase from the forester of supplies and equipment, whether new or depreciated, that is needed to provide and support fire protection services. [1967 c.429 �24 (enacted in lieu of 477.405); 1969 c.204 �2; 1993 c.415 �1; 1999 c.355 �13; 2025 c.508 �6]

�� 477.408 Provisions of contract or agreement. Contracts or agreements under ORS 477.406 may provide, among other things, for any or all of the parties to do any one or more of the following:

�� (1) Exchange services on a cooperative basis.

�� (2) Provide services, supplies and equipment in return for cash payment or other compensation.

�� (3) Loan or lease equipment.

�� (4) Subcontract obligations. [1967 c.429 �26; 1993 c.415 �2]

�� 477.409 Contracts for off-season services for fire prevention and suppression personnel. (1) The Department of Transportation and the Douglas Forest Protective Association, the Coos Forest Protective Association, the Walker Range Forest Protective Association or any successor association may enter into contracts that provide for seasonal fire prevention and suppression personnel employed by an association to render off-season services to the Department of Transportation. Services provided under a contract described in this section must be off-season services that State Forestry Department personnel were authorized to perform under one or more contracts or agreements between the Department of Transportation and the State Forestry Department entered into on or before January 1, 2012.

�� (2) A contract under this section shall specify the functions or activities to be performed and by what means the functions or activities are to be performed. The contract shall provide for:

�� (a) Identifying the responsibilities of the parties in ensuring payment of wages to the personnel for the off-season services.

�� (b) The term or duration of the contract.

�� (c) The rights of the parties to terminate the contract.

�� (3) A contract under this section may exclude any clause or condition required by ORS

ORS 478.002

478.002. Without limiting the foregoing:

�� (1) A successor district is:

�� (a) The owner of the property of the succeeded district, including real property and funds on deposit with the county treasurer or banks.

�� (b) Successor party to the contracts of the succeeded district.

�� (c) Successor party to the court proceedings of the succeeded district.

�� (d) Successor obligor on the indebtedness of the succeeded district.

�� (2) The rules, regulations, fire protection codes and identification numbers of the succeeded district are the rules, regulations, fire protection codes and identification numbers of the successor district, until changed by appropriate action under this chapter.

�� (3) The directors and officers of the succeeded district are the directors and officers of the successor district. Each director and officer shall hold office for a term equal to the term of the office of the director or officer in the succeeded district. [1957 s.s. c.10 �2]

FORMATION

�� 478.010 Formation; territories that may not be included in districts; exception. (1) A rural fire protection district may be formed in the manner set forth in ORS 478.010 to 478.100.

�� (2) A district may not include:

�� (a) Territory within a water supply district organized under ORS chapter 264 if the district has previously been authorized by its electors to exercise the fire protection powers prescribed by ORS 264.340.

�� (b) Forestland included within a forest protection district under ORS 477.205 to 477.281 unless the owner consents and notifies the rural fire protection district, except as provided in subsection (3) of this section.

�� (c) Railroad rights of way or improvements thereon or rolling stock moving thereover unless the owner of such property consents.

�� (d) Ocean shores as defined by ORS 390.605.

�� (3)(a) Notwithstanding subsection (2)(b) of this section, forestland protected pursuant to ORS 477.205 to 477.281 that is within the exterior boundaries of an existing rural fire protection district shall be included in the rural fire protection district without the owner�s consent.

�� (b) Forestland described in paragraph (a) of this subsection is subject to limitations on assessment as described in ORS 478.432.

�� (4) Forestland protected pursuant to ORS 477.205 to 477.281 that is included in a rural fire protection district is subject to assessments for fire protection by the rural fire protection district and the forest protection district. [Subsection (2) enacted as 1953 c.144 �1; 1969 c.651 �3; 1969 c.667 ��3,69; 1971 c.727 �137; 1973 c.124 �1; 1973 c.337 �1a; 2001 c.104 �217; 2025 c.581 �34]

�� 478.020 [Amended by 1967 c.610 �2; 1969 c.667 �4; repealed by 1971 c.727 �203]

�� 478.030 [Amended by 1967 c.610 �3; 1969 c.667 �5; repealed by 1971 c.727 �203]

�� 478.040 [Repealed by 1957 s.s. c.10 �4 (478.041 enacted in lieu of 478.040)]

�� 478.041 [1957 s.s. c.10 �5 (enacted in lieu of 478.040); 1959 c.68 �1; 1961 c.523 �1; 1961 c.549 �1; 1969 c.667 �6; repealed by 1971 c.727 �191]

�� 478.050 Qualifications for directors. A director of a district shall be an elector or an owner within the district. A district may determine, by ordinance that takes effect at least one year prior to the date of a regular district election, that firefighters of the district, volunteer or otherwise, and other district employees shall not serve as directors. [Amended by 1963 c.299 �1; 1969 c.667 �7; 1971 c.647 �109; 1971 c.727 ��139,197; 1973 c.618 �1; 1987 c.834 �1]

�� 478.060 [Amended by 1963 c.299 �2; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 478.070 [Amended by 1961 c.549 �2; 1969 c.667 �8; repealed by 1971 c.727 �203]

�� 478.080 [Amended by 1961 c.549 �3; 1969 c.667 �9; repealed by 1971 c.647 �149; 1971 c.727 �203]

�� 478.090 Effect of 1939 Act on districts then existing. Nothing in this chapter shall be construed as impairing the legality or organization of any rural fire protection district existing on June 14, 1939, nor to exclude from such districts any lands then included therein, nor the legality of any act of such district done in accordance with the prior law, nor shall it be deemed to affect the legality of the election of any officer of any such existing rural fire protection district. Nor shall anything in this chapter be deemed in any way to affect any indebtedness or financial obligation lawfully created by any fire protection district existing on June 14, 1939, and such existing rural fire protection district is confirmed and for the purpose of continued and future operation shall be deemed as organized under the terms and conditions of this chapter and entitled to all benefits and clothed with all the rights, powers and duties as by this chapter provided.

�� 478.100 Immaterial defects in organization not to invalidate district organization. No final order of a county board establishing a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of such district, or notice thereof, which does not materially affect the substantial rights of an interested party. The following irregularities are declared to be immaterial defects:

�� (1) Errors of description of the intermediate points, courses or distances of the exterior boundaries of the proposed district set out in the petition for organization or as changed at the hearing by the county board, when the exterior boundaries can be otherwise definitely determined.

�� (2) Errors in posting notices where it can be shown that all persons objecting to the proceedings had actual notice thereof prior to the hearing.

�� (3) Errors in or omissions of the names of petitioners or number thereof, or in the percentage thereof of property owners in the district, required to sign the petition for organization, where there is entered upon the records of the county board an order or proclamation establishing or legally forming such district. [Amended by 1969 c.667 �10; 1975 c.326 �4]

�� 478.110 [Repealed by 1969 c.667 �70]

�� 478.115 County governing body to determine territory of district. Subject to the provisions of ORS

ORS 478.280

478.280, install, maintain and operate systems of street, road or highway lights. The lights shall be maintained upon the streets, roads or intersections as the board considers is needed to furnish the best lighting service to the residents and properties in the district. [Amended by 1969 c.667 �20]

�� 478.300 Contracting with others to provide facilities and services for fire protection or road lighting; authority over open burning and fire permits; rules. (1) In addition to the authority to enter into intergovernmental agreements under ORS chapter 190, a rural fire protection district or other public body as defined in ORS 174.109 may contract with any person for the purpose of affording fire fighting, protection or prevention facilities or road-lighting facilities and services, or both, to such person.

�� (2) When any agreement or contract is entered into pursuant to ORS chapter 190 or subsection (1) of this section to provide fire protection service, the rural fire protection district or other public body providing such service shall have authority over open burning and the issuance of fire permits in the area served, and may in accordance with this chapter make reasonable rules and regulations relating thereto. [Amended by 1965 c.602 �27; 1969 c.667 �21; 2003 c.802 �126]

�� 478.305 Contracting with others for mutual communication system; contracts in other states. (1) Any district may contract with other rural fire protection districts or cities operating a fire department for the establishment and maintenance of a mutual communication system for fire prevention and protection and may, in cooperation with the other contracting party or parties, provide for a joint board of control composed of representatives of the contracting parties, to control the operations of such communication system.

�� (2) Any district any portion of whose boundary coincides with the boundary of this state may contract with any public agency of, or person in, an adjoining state for the purpose of receiving or furnishing fire protection or for the purpose of water supply for fire fighting. [1955 c.579 �1; 1969 c.667 �22]

�� 478.308 Contracting with others for regional oil and hazardous material emergency response team. (1) Any district may contract with another rural fire protection district, city or county to establish, operate and maintain a regional oil and hazardous material emergency response team. The contracting parties may provide for a joint board of control, composed of representatives of the contracting parties, to control the operation of the regional emergency response team.

�� (2) A rural fire protection district may receive a grant under section 42, chapter 539, Oregon Laws 1987.

�� (3) Any district whose boundary coincides with the boundary of this state may contract with a public agency or person in an adjoining state for the purpose of responding to spills or releases of oil and hazardous material.

�� (4) As used in this section, �hazardous material,� �oil,� �person� and �spill or release� have the meaning established in ORS 466.605. [1987 c.539 �44]

�� 478.310 Response to fire or public safety incident outside its own territory by district or municipality; liability for costs. (1) When a fire or public safety incident occurs outside the limits of a district or of a city and help is asked of the district or city, the fire-fighting or public safety apparatus and force of the district or city may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident in the other unprotected or inadequately protected district or territory. However, the district or city so responding shall be paid the contract or reasonable value for use, including repairs and depreciation, of the apparatus and equipment so used and other expenses reasonably incurred in furnishing the fire-fighting or public safety service.

�� (2) When a district or city responds to a call for assistance arising from an incident involving an airplane crash or an occurrence on a transportation route within the city or district, the district or city may recover from the person or property receiving the direct fire or safety services as a result of the incident any cost incurred for the following:

�� (a) The contract or reasonable value of the use, including repairs and depreciation, of the apparatus and equipment used in accordance with a state standardized-costs schedule issued by the State Fire Marshal; and

�� (b) Other expenses or costs reasonably incurred in furnishing the assistance, as adopted by the service provider.

�� (3) As used in this section, �transportation route� means a roadway, waterway or railroad right of way against which no taxes or assessments for fire protection are levied by the district or city.

�� (4) The provisions of this section do not apply to fire incidents involving only forest resources that occur on lands protected under ORS chapter 477. [Amended by 1969 c.667 �23; 1983 c.572 �1; 1987 c.834 �2; 1997 c.274 �38]

�� 478.315 Response to fire or public safety incident in Columbia River Gorge National Scenic Area; payment of costs. (1) When a district is located entirely or partly within the boundaries of the Columbia River Gorge National Scenic Area established under 16 U.S.C. 544 et seq., if a fire or other public safety incident occurs on state property within the limits of the district and assistance from the district is requested, the fire-fighting and emergency medical vehicles, apparatus and personnel of the district may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident. The district so responding shall recover from the state agency in possession or control of the property:

�� (a) The amount due under a contract with the state agency for the services provided by the district; or

�� (b) If there is no contract, the actual costs incurred by the district in extinguishing the fire or responding to the public safety incident.

�� (2) When vehicles, apparatus and personnel are used under subsection (1) of this section, the state agency requesting assistance shall be liable and shall pay the amount due under the contract, if any, or the actual costs incurred by the district. A claim for such costs shall not be allowed unless, within 60 days after the costs have been incurred, an itemized statement of the actual costs, certified under oath by the treasurer of the district, and a demand for payment are served by mail or personal service upon the state agency. Such costs shall be payable from moneys made available to the state agency for such purpose.

�� (3) If any such costs are not paid within 90 days after the itemized statement of actual costs and demand for payment are received by the state agency, the district may bring an action against the state agency for the recovery of such unpaid costs.

�� (4) As used in this section, �state property� means any public land or other real property controlled by any agency of the State of Oregon and against which no taxes or assessments for fire protection are levied by a district.

�� (5) The provisions of this section do not apply to fire incidents involving only forest resources that occur on lands protected under ORS chapter 477. [1989 c.395 �2; 1997 c.274 �39]

BENEFITS FOR DISTRICT EMPLOYEES

�� 478.325 District may levy taxes for purposes of ORS 478.335 to 478.370. Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 478.335 to

ORS 478.410

478.410.

�� (17) Upon request by a district, to help the district act as described in this section, a county shall provide information possessed by the county to the district, including mailing addresses the district might need to send notice under subsection (4) of this section or a legal description or map described in subsection (11)(c) of this section. [2023 c.208 �2]

�� 478.710 [Amended by 1969 c.667 �45; repealed by 1971 c.727 �203]

�� 478.720 [Amended by 1969 c.667 �46; repealed by 1971 c.727 �203]

�� 478.730 [Amended by 1969 c.667 �47; repealed by 1971 c.727 �203]

�� 478.740 [Amended by 1969 c.667 �48; repealed by 1971 c.727 �203]

�� 478.750 [Amended by 1965 c.316 �4; 1969 c.667 �49; repealed by 1971 c.727 �203]

�� 478.760 [1965 c.316 �3; 1969 c.667 �50; repealed by 2003 c.46 �54]

�� 478.810 [Amended by 1969 c.667 �51; repealed by 1971 c.727 �203]

�� 478.820 [Amended by 1969 c.667 �52; repealed by 1971 c.727 �203]

�� 478.830 [Amended by 1969 c.667 �53; repealed by 1971 c.727 �203]

FIRE SAFETY SYSTEMS

�� 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.

�� 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.

�� 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

ORS 478.490

478.490 and shall be entered in the proper records of the district board. [1983 c.569 �7]

�� 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]

�� 478.510 [Amended by 1969 c.667 �32; repealed by 1971 c.727 �203]

�� 478.520 [Amended by 1969 c.667 �33; repealed by 1971 c.727 �203]

�� 478.530 [Amended by 1969 c.667 �34; repealed by 1971 c.647 �149 and by 1971 c.727 �203]

�� 478.540 [Amended by 1969 c.694 �21; repealed by 1971 c.727 �203]

�� 478.550 [Repealed by 1969 c.667 �70]

�� 478.555 [1969 c.694 �23; repealed by 1971 c.727 �203]

(Multicounty Districts)

�� 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]

�� 478.610 [Amended by 1959 c.658 �2; 1963 c.299 �3; 1967 c.610 �1; 1969 c.79 �4; 1969 c.667 �36; repealed by 1971 c.727 �203]

�� 478.614 [1953 c.165 �1; 1961 c.682 �1; 1969 c.667 �37; repealed by 1971 c.727 �203]

�� 478.616 [1953 c.165 �2; 1969 c.667 �38; repealed by 1971 c.727 �203]

�� 478.618 [1969 c.79 �6; 1969 c.667 �68; repealed by 1971 c.727 �203]

�� 478.620 [Amended by 1969 c.667 �39; repealed by 1971 c.727 �203]

�� 478.630 [Amended by 1969 c.667 �40; repealed by 1971 c.727 �203]

�� 478.640 [Amended by 1969 c.667 �41; repealed by 1971 c.727 �203]

�� 478.650 [Amended by 1969 c.667 �42; repealed by 1971 c.727 �203]

�� 478.660 [Amended by 1969 c.667 �43; repealed by 1971 c.727 �203]

CHANGES TO DISTRICT

�� 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]

�� 478.700 [1965 c.316 �2; 1969 c.667 �44; repealed by 1971 c.727 �203]

�� 478.702 Annexing lands to district. (1) As used in this section:

�� (a) �Annex� means to add lands to a district.

�� (b) �Coverage area� means an area established by a district pursuant to this section that consists of the following:

�� (A) Lands that are included in the district; and

�� (B) Some or all of the lands that are within seven road miles of a fire station in the district and are not included in any other district.

�� (c) �Fire station� means a fire station recognized by a fire insurance rating organization as a fire station that is equipped and has personnel who respond to calls.

�� (d) �Road� means any public or private thoroughfare that may be used for vehicular traffic.

�� (2) A district may establish the coverage area of the district one or more times, subject to the requirements of subsection (3) of this section.

�� (3)(a) If a district intends to establish a coverage area that includes lands that are within seven road miles of a fire station in any other district:

�� (A) Before establishing the coverage area, the district intending to include the lands must send notice to the other district or districts.

�� (B) The notified district or districts must:

�� (i) Reply not more than 90 days after the notice described in subparagraph (A) of this paragraph is sent; and

�� (ii) State whether the notified district or districts intend to include the lands in the coverage area or areas of the notified district or districts.

�� (b) If the district that provided notice under paragraph (a)(A) of this subsection does not receive a reply or replies within 90 days, as described in paragraph (a)(B) of this subsection, or receives a reply or replies within 90 days indicating that the notified district or districts do not intend to include the lands, the district that provided the notice may include the lands.

�� (c) If the district that provided notice under paragraph (a)(A) of this subsection receives a reply or replies within 90 days, as described in paragraph (a)(B) of this subsection, that states that the other district or districts also intend to include the lands, the districts shall all:

�� (A) Negotiate in good faith to determine which district will include the lands; and

�� (B) Attempt to reach a resolution not more than 90 days after the reply, or after the latest multiple replies, described in paragraph (a)(B) of this subsection is sent.

�� (d) If districts do not reach a resolution described in paragraph (c) of this subsection within 90 days after the reply, or after the latest of multiple replies, described in paragraph (a)(B) of this subsection is sent, the district in which the fire station that is closest to the lands is located shall include the lands.

�� (4) If a district establishes the coverage area of the district, after any applicable requirements in subsection (3) of this section are met, the district shall send notice to any owners of lands within the coverage area that are not included in a district that:

�� (a) Within 90 days after the notice is sent, the owners may consent to add the lands of the owners to the district as described in ORS 478.140 at no cost for adding the lands; and

�� (b) After sending the notice and before consent from the owners is received, or more than 90 days after sending the notice if the district does not receive consent from the owners as described in paragraph (a) of this subsection within the 90 days, the district may decide not to protect the owners� lands and, if the district provides services at the lands, may bill the owners at three times the cost of the services, as determined based on a state standardized-costs schedule approved by the State Fire Marshal.

�� (5) Notwithstanding any contrary provision of law:

�� (a) A district or county may not charge a fee for adding lands to a district under subsection (4) of this section, including a fee for filing paperwork related to adding the lands.

�� (b) A person or a public body, as defined in ORS 174.109, may not bring an action against a district for declining to protect the lands of owners that do not consent to add the lands of the owners to the district under subsection (4) of this section.

�� (6)(a) If a district bills an owner as described in subsection (4)(b) of this section and the owner does not pay the bill within 60 days, the district may secure payment of the claim by filing an itemized and sworn statement, setting forth the dates of performance and the nature of the services performed, with the county clerk of the county in which the services were rendered.

�� (b) The claim shall constitute a valid lien against the interest of the owner that may be established and enforced in the same manner as provided by law for the enforcement of mechanic�s liens.

�� (c) The county may not charge a fee related to the claim, including a fee related to filing or processing the claim.

�� (7) A person that insures lands within the coverage area of a district:

�� (a) Shall confirm with the district whether the lands are included in the district.

�� (b) May not provide an insurance discount if the lands are not included in the district.

�� (8) If a district identifies the coverage area of the district, subject to the provisions of ORS

ORS 478.855

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.

�� 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.

�� 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.

�� 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.

�� 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.

�� 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.

�� 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.

�� 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.

FIRE PREVENTION CODE; FIRE PERMITS

�� 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]

�� 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]

�� 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]

�� 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]

�� 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]

�� 478.940 [Amended by 2021 c.539 �138; repealed by 2025 c.179 �3]

�� 478.960 Burning of certain materials permitted only with permission of fire chief; damage or injury; burning schedules and restrictions. (1) No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one�s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing permission from the fire chief of the district and complying with the direction of the fire chief. A deputy of a fire chief has the power to perform any act or duty of the fire chief under this section.

�� (2) The fire chief shall prescribe conditions upon which permission is granted and which are necessary to be observed in setting the fire and preventing it from spreading and endangering life or property or endangering the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS 468A.570 and ORS 468A.595. The State Fire Marshal shall cause all fire chiefs and their deputies in the affected area to be notified of the type and time for burning to be allowed on each day with updating messages each day as required. A fire chief or deputy shall grant permission only in accordance with the schedule of the Environmental Quality Commission but may reduce hours to be allowed for burning if necessary to prevent danger to life or property from fire. The State Fire Marshal may refuse, revoke or postpone permission when necessary in the judgment of the State Fire Marshal to prevent danger to life or property from fire, notwithstanding any determination by the fire chief.

�� (3) Nothing in this section relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the person or property of another. If such burning results in the escape of fire and injury or damage to the person or property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe.

�� (4) Within a district, no person shall, during the fire season declared under ORS 477.508, operate any equipment in forest harvesting or agricultural operations powered by an internal combustion engine on or within one-eighth of one mile of forestland unless each piece of equipment is provided with a fire extinguisher of sufficient size and capacity and with such other tools and fire-fighting equipment as may be reasonably required by the fire chief of the district. The provisions of this subsection do not apply to machinery regulated by ORS chapter 477.

�� (5) No person shall dispose of any building or building wreckage within a district by fire without having first secured permission therefor from the fire chief. No person shall refuse to comply with any reasonable requirements of the fire chief as to the safeguarding of such fire from spreading.

�� (6) This section is not intended to limit the authority of a district to adopt a fire prevention code as provided in ORS 478.910 to 478.930 or to issue permits when the burning is done by mechanical burners fired by liquefied petroleum gas.

�� (7) The fire chief shall maintain records of all permits and the conditions thereof, if any, that are issued for field burning under this section and shall submit at such times, as the Environmental Quality Commission shall require such records or summaries thereof to the commission. The Environmental Quality Commission shall provide forms for the reports required under this subsection.

�� (8) Notwithstanding any other provision of this section:

�� (a) A permit is required for field burning authorized pursuant to ORS 468A.550 to 468A.620 and

ORS 478.982

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; 2025 c.179 �5]

�� 478.972 Application by district to State Fire Marshal for issuance of unique identifier for district. (1) When a district is organized, the first board or chief of the district shall request, in writing or via electronic communication, that the State Fire Marshal issue a unique identifier to the district.

�� (2) Except as provided in this subsection, upon receipt of a request from the board or chief, as described in subsection (1) of this section, the State Fire Marshal shall immediately assign the district a unique identifier.

�� (3) The district board or chief shall submit a request described 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; 2025 c.179 �6]

�� 478.974 [1953 c.164 �3; 1969 c.667 �61; repealed by 2001 c.426 �6]

�� 478.976 [1953 c.164 �4; repealed by 2001 c.426 �6]

�� 478.978 [1953 c.164 �5; 1969 c.667 �62; repealed by 2001 c.426 �6]

�� 478.980 Unique identifier for district formed by consolidation or merger of districts. In the event of a consolidation or merger of two or more districts, the State Fire Marshal shall determine a unique identifier for the consolidated or merged districts. [1953 c.164 �6; 1969 c.667 �63; 1971 c.727 �143; 2001 c.426 �4; 2025 c.179 �7]

�� 478.982 Dissolved district unique identifier not to be used by other district. In the event of a dissolution of a district, the unique identifier assigned to the district may not be assigned to another district. [1953 c.164 �7; 1969 c.667 �64; 2001 c.426 �5; 2025 c.179 �8]

PENALTIES

�� 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]

ORS 478.990

478.990�� Penalties

GENERAL PROVISIONS

�� 478.001 Definitions. (1) As used in this chapter, unless the context requires otherwise:

�� (a) �Board of directors� or �district board� means the governing body of a district.

�� (b) �County� means the county in which the district, or the greater portion of the taxable assessed value of the district, is located.

�� (c) �County board� means the county court or board of county commissioners of the county.

�� (d) �District� means a rural fire protection district proposed to be organized or organized under, or subject to, this chapter.

�� (e) �Owner� or �landowner� means a legal owner of real property or the vendee of a contract of purchase of real property, if any, to the exclusion of the vendor. The term includes a unit owner, as defined in ORS 100.005.

�� (2) As used in ORS 478.960:

�� (a) �Commercial waste� means any waste produced in any business involving the lease or sale, including wholesale and retail, of goods or services, including but not limited to housing, and means any waste produced by a governmental, educational or charitable institution; however, it does not include any waste produced in a dwelling containing four living units or less.

�� (b) �Demolition material� means any waste resulting from the complete or partial destruction of any man-made structure such as a house, apartment, commercial building or industrial building.

�� (c) �Domestic waste� means any nonputrescible waste, consisting of combustible materials, such as paper, cardboard, yard clippings, wood, or similar materials, generated in a dwelling, including the real property upon which it is situated, containing four living units or less.

�� (d) �Field burning� means the burning of any grass field, grain field, pasture, rangeland or other field by open burning or by use of mobile equipment or flaming equipment on any land or vegetation.

�� (e) �Industrial waste� means any waste resulting from any process or activity of manufacturing or construction.

�� (f) �Land clearing debris� means any waste generated by the removal of debris, logs, trees, brush or demolition material from any site in preparation for land improvement or construction projects.

�� (g) �Open burning� means any burning conducted in such a manner that combustion air is not effectively controlled and that combustion products are not vented through a stack or chimney, including but not limited to burning conducted in open outdoor fires, common burn barrels and backyard incinerators. [1969 c.667 �2; 1975 c.635 �3; 1983 c.83 �95; 1983 c.350 �282; 1987 c.834 �5]

�� 478.002 Status of districts existing in 1957. (1) There hereby is created a rural fire protection district territorially coterminous with each rural fire protection district existing on July 2, 1957, or established after July 2, 1957, and prior to November 22, 1957, if such rural fire protection district was at that time a valid district but for the fact that its electorate was restricted to property owners. In determining the boundaries of districts created by this subsection, full effect shall be given to annexations, withdrawals and consolidations effected by rural fire protection districts prior to November 22, 1957, under this chapter or other statutes authorizing or purporting to authorize such action.

�� (2) Rural fire protection districts territorially coterminous with the districts created by subsection (1) of this section hereby are abolished.

�� (3) Rural fire protection districts created by this section shall be governed by this chapter. [1957 s.s. c.10 �1; 1959 c.344 �1]

�� 478.004 New district succeeds to and replaces abolished district. Each rural fire protection district created by ORS 478.002 shall in all respects succeed to and replace the territorially coterminous rural fire protection district abolished by ORS

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 480.165

480.165, nor in any permit issued thereunder, shall authorize the manufacture, sale, use or discharge of fireworks in any city, county or fire protection district in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city, county or fire protection district authorize the sale or use of any fireworks prohibited by the provisions of ORS 480.111 to 480.165.

�� (2) For the purposes of enforcing ORS 480.111 to 480.165 in an area exempt under ORS

ORS 480.200

480.200 to 480.290 and 480.990 (6) do not apply to:

�� (1) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized public law enforcement agency, public fire department or fire protection agency while engaged in the performance of official duties.

�� (2) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation. [1971 c.518 �2; 1987 c.158 �108; 1999 c.980 �2]

�� 480.210 Certificate, license or permit required; display upon demand; defenses. (1) A person may not possess an explosive unless:

�� (a) The person has in immediate possession at all times during the possession of the explosive a valid certificate of possession issued to the person under ORS 480.235;

�� (b) The person possesses a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes the possession; or

�� (c) The person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection.

�� (2) A person in possession of an explosive shall display a certificate of possession or federal license or permit upon the demand of the State Fire Marshal, an assistant to the State Fire Marshal, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

�� (3) It is a defense to a charge under subsection (1) of this section that the person so charged produce in court:

�� (a) A certificate described in subsection (1)(a) of this section that was valid at the time of the arrest of the person;

�� (b) Proof that the person has a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type authorizing the person to possess the explosives; or

�� (c) Proof that the person is listed as a responsible person or employee possessor under a license or permit described in paragraph (b) of this subsection. [1971 c.518 �3; 1999 c.980 �3; 2007 c.71 �159; 2009 c.164 �1]

�� 480.215 Transfer of explosives limited. Possession of an explosive may not be transferred unless:

�� (1) The transferee holds a certificate of possession under ORS 480.235 and the certificate is valid at the time of the transfer;

�� (2) The transferee holds a license or permit issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of a type that authorizes possession of the explosive by the transferee; or

�� (3) The transferee is a consignee of explosives that have been transported under the jurisdiction of or in conformity with regulations adopted by the United States Department of Transportation. [1971 c.518 �4; 1981 c.635 �2; 1999 c.980 �4; 2001 c.104 �219; 2007 c.71 �160; 2009 c.164 �2]

�� 480.220 [1971 c.518 �5; repealed by 1989 c.982 �7]

�� 480.225 Eligibility for certificate of possession. (1) A person is eligible for a certificate of possession under ORS 480.235 if:

�� (a) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of a misdemeanor involving violence, as defined in ORS 166.470, within the previous four years. A person who has been so convicted is eligible under this subsection following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.

�� (b) The person has not been convicted, or found guilty except for insanity under ORS 161.295, of, and is not under indictment for, any felony.

�� (c) The person is not a fugitive from justice, has no outstanding warrants for arrest and is not free on any form of pretrial release for any offenses listed in paragraphs (a) and (b) of this subsection.

�� (d) The person has not been determined to be a person with mental illness under ORS 426.130 or to have an intellectual disability under ORS 427.290. A person who previously has been so determined is eligible under this subsection if, at the time of application for such a certificate, the person produces a certified copy of a full discharge from the proper state hospital. The Oregon Health Authority shall provide the State Fire Marshal with direct electronic access to the authority�s database of information identifying persons meeting the criteria of this section who were committed or subject to an order under ORS 426.130. The State Fire Marshal and the authority shall enter into an agreement describing the access to information under this subsection.

�� (e) The person is at least 21 years of age.

�� (f) The person does not use a fictitious name or make a material misrepresentation in application for such a certificate.

�� (g)(A) The person has not been convicted of, and is not under indictment for, a criminal offense involving a controlled substance as defined in ORS 475.005, other than the offense of driving under the influence of intoxicants.

�� (B) Notwithstanding subparagraph (A) of this paragraph, a person who has had a certificate denied or revoked due to conviction of a criminal offense involving a controlled substance is eligible under this section following the expiration of seven years after the date of final and unconditional discharge from all imprisonment, probation and parole resulting from the conviction.

�� (h) The person has been discharged from the jurisdiction of the juvenile court for more than four years for an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470.

�� (i) The person is not the subject of a restraining order that alleges the person�s possession of explosives presents a credible threat to another person.

�� (j) The person has passed an examination administered by the State Fire Marshal that assesses the person�s knowledge of safety in the transportation and storage of explosives as required under federal and state laws and regulations pertaining to explosives. The State Fire Marshal shall examine each applicant prior to issuance of a certificate of possession to the applicant. The State Fire Marshal may by rule establish and collect an examination fee in an amount necessary to cover the cost of administering the examination.

�� (k) The person certifies on the application for a certificate of possession that all explosives in the person�s possession will be used, stored and transported in accordance with federal, state and local requirements.

�� (L) The person certifies that all explosives will be possessed, used, stored and transported in accordance with federal, state and local requirements.

�� (2) Subsection (1)(a) and (b) of this section does not apply to a conviction or indictment that has been expunged from a person�s record under the laws of this state or equivalent laws of another jurisdiction. [1971 c.518 �6; 1981 c.635 �3; 1983 c.100 �4; 1985 c.362 �1; 1999 c.980 �5; 2007 c.70 �275; 2009 c.595 �981; 2011 c.658 �40; 2011 c.720 �206; 2013 c.360 �61]

�� 480.230 Application for certificate of possession; fee. A person desiring a certificate of possession shall apply on application forms provided by the Department of the State Fire Marshal. The forms shall be completed in full and shall include:

�� (1) The applicant�s legal name, current address and current telephone number;

�� (2) The applicant�s date of birth;

�� (3) A statement by the applicant that the applicant is eligible for a certificate of possession under ORS 480.225;

�� (4) The number of the certificate of registration issued under ORS 480.244 for the explosives magazine where the applicant intends to store the explosives;

�� (5) Any other information that the issuing authority may require to readily identify the applicant;

�� (6) A certification, signed and dated by the applicant, that the information contained in the application is true; and

�� (7) A nonrefundable application fee of $50 for a three-year certificate. [1971 c.518 �7; 1983 c.100 �2; 1999 c.980 �6; 2021 c.539 �140]

�� 480.235 Waiting period for issuance of certificate of possession; investigation of applicant; authority of investigating body to require fingerprints; term of certificate; assignment or transfer prohibited; records required. (1) A certificate of possession shall be issued or denied within 45 days after the date of the application or the conclusion of the investigation conducted by the issuing authority pursuant to subsection (2) of this section.

�� (2) The issuing authority shall conduct an investigation to ensure that the applicant meets the requirements listed in ORS 480.225 and 480.230. The issuing authority shall include fingerprinting and photographic identification in the investigation. The issuing authority may use fingerprints obtained under this subsection for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195. Unless the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a certificate of possession to the applicant. If the issuing authority finds that the applicant is ineligible under ORS 480.225 or 480.230, the authority shall issue a notification of denial. The denial is subject to the provisions of ORS

ORS 480.275

480.275.

�� (3) A certificate of possession is valid for three years from the date of issuance unless suspended or revoked pursuant to ORS 480.270.

�� (4) A certificate of possession may not be assigned or transferred.

�� (5) The holder of a certificate of possession shall maintain a record of the type and quantity of all explosives possessed during the certificate period. The record shall be made available upon demand of the issuing authority, a magistrate or a law enforcement agency, public fire department or fire protection agency of this state.

�� (6) Notwithstanding ORS 181A.195 (5) and (6), the Department of State Police shall maintain in the department�s files fingerprint cards submitted to it for purposes of conducting a state or nationwide criminal records check under ORS

ORS 480.340

480.340, 480.341, 480.344, 480.345 and 480.347 by sections 3 to 8, chapter 607, Oregon Laws 2023, if the conduct occurs on or after March 1, 2024. [2023 c.607 �12]

�� Note: 480.387 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 480 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 480.390 Nonretail facilities at airports; rules. (1) As used in this section, �nonretail facility� has the meaning given that term in ORS 480.310.

�� (2) A person may not construct or install a nonretail facility that dispenses aviation fuels at an airport unless the Director of the Oregon Department of Aviation permits the facility.

�� (3) The director may not permit the construction or installation of a nonretail facility unless the airport owner permits the facility.

�� (4) The director shall by rule establish a procedure to give permission for nonretail facilities that dispense aviation fuels at airports. [2001 c.285 �4]

�� Note: 480.390 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 480 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LIQUEFIED PETROLEUM GAS

�� 480.410 Definition. As used in ORS 480.420 to 480.460, �LP gas� or �liquefied petroleum gas� means any liquid composed predominantly of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane or isobutane) and butylenes. [Amended by 1957 c.712 �1; 2009 c.790 �3]

�� 480.420 Liquefied petroleum gas rules and regulations; conformity with standards of National Fire Protection Association. (1) The State Fire Marshal shall make, promulgate and enforce regulations establishing minimum general standards for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank trailer and utilizing liquefied petroleum gases and specifying the degree of odorization of the gases, and shall establish standards and rules for the issuance, suspension and revocation of licenses and permits provided in ORS 480.410 to 480.460.

�� (2) The regulations required shall be such as are reasonably necessary for the protection of the health, welfare and safety of the public and of persons using or handling such materials, and shall be in substantial conformity with the generally accepted standards of safety relating to the same matter. Regulations in substantial conformity with the published standards of the National Fire Protection Association pamphlet No. 58 and pamphlet No. 59 for the design, installation and construction of containers and equipment thereto pertaining, for the storage and handling of liquefied petroleum gases, including utility gas plants, as recommended by the National Fire Protection Association, and the published standards of the National Fire Protection Association pamphlet No. 54 for liquefied petroleum gas piping and appliance installations in buildings, shall be deemed to be in substantial conformity with the generally accepted standards of safety relating to the same subject matter. [Amended by 1957 c.712 �2; 1961 c.477 �1; 1967 c.417 �26; 2009 c.790 �4]

�� 480.430 Liquefied petroleum gas containers; certain uses prohibited. No person other than the owner of the container or receptacle and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered or used in any manner any liquefied petroleum gas container or receptacle for any gas or compound or for any other purpose. [Amended by 1965 c.602 �25]

�� 480.432 Licenses required; exceptions. (1) A person may not engage in or work at the business of installing, extending, altering or repairing any LP gas appliance or piping, vent or flue connection pertaining to or in connection with LP gas installations within the state, either as employer or individual, unless the person has received an LP gas installation license from the State Fire Marshal in accordance with ORS

ORS 480.420

480.420 to 480.434 or 480.450 and desires a hearing, the person may complain or appeal in writing to the State Fire Marshal within 10 days from the service of the order. The complaint or appeal shall set forth the specific grounds of the complaint or appeal and no other ground shall be considered thereafter. The complaint or appeal shall be accompanied by a fee of $40 payable to the State Fire Marshal, and the State Fire Marshal may refer the complaint or appeal to the regional appeal advisory board established for that region by notifying the chairperson of that board and sending a copy of the notice to the complainant or appellant. The board shall fix a time for hearing and notify the complainant or appellant of the time and place thereof, which shall be within 10 days after such referral by the State Fire Marshal. If the State Fire Marshal does not refer the matter to a regional appeal advisory board, the State Fire Marshal shall fix a time and place, not less than five and not more than 10 days thereafter, when and where the complaint or appeal will be heard by the State Fire Marshal. Within 10 days after receiving a recommendation from the regional appeal advisory board, or if no referral was made to such board, within 10 days after the hearing before the State Fire Marshal, the State Fire Marshal may affirm, modify, revoke or vacate the order complained of or appealed from. Unless the order is modified, revoked or vacated by the State Fire Marshal, it shall remain in force and be complied with by the owner, lessee, agent or occupant, and within the time fixed in the order or fixed by the State Fire Marshal. If the State Fire Marshal vacates or revokes the order complained of or appealed from, or modified it in any particular other than extending time for compliance, the fee paid with the complaint or appeal shall be refunded. Otherwise, it shall be credited to appropriate state funds, and the State Fire Marshal shall so notify the State Treasurer.

�� (2) If the complainant or appellant under subsection (1) of this section is aggrieved by the final order of the State Fire Marshal, and if such order necessitates the expenditure of money or involves statutory interpretation, the complainant or appellant may, within 10 days thereafter, appeal to the circuit court of the county in which the property is situated, notifying the State Fire Marshal of the appeal within 10 days thereafter, which notice shall be in writing and delivered personally or by registered letter to the marshal, or left at the principal office of the Department of the State Fire Marshal at the state capital. The party so appealing shall, within two days after filing the appeal, file with the circuit court in which appeal is made a bond in an amount to be fixed by the court or judge, but in no case less than $100, with two sufficient sureties possessing the qualification of bail on arrest, the bond to be approved by the court and conditioned to pay all the costs on the appeal in case the appellant fails to sustain it or it is dismissed for any cause. In the case of an appeal involving an order under ORS 479.170, the circuit court shall hear and determine the appeal within 10 days after the date of filing the same.

�� (3) The State Fire Marshal shall make or have made a certified summary of the proceedings at the hearing before the regional appeal advisory board or before the State Fire Marshal, and together with all the evidentiary matter filed with the department or presented to the regional appeal advisory board, transmit them to the circuit court at least three days prior to the date fixed by the court for hearing when it shall be tried de novo. [Amended by 1965 c.602 �20; 1973 c.832 �9; 2011 c.97 �3; 2021 c.539 �139; 2023 c.607 �5]

�� 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.

�� 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]

�� 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]

INSPECTION OF INSTITUTIONS

�� 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,

ORS 527.610

527.610 to 527.770 have been met.

�� (b) The dwelling meets the following requirements:

�� (A) The dwelling has a fire retardant roof.

�� (B) The dwelling will not be sited on a slope of greater than 40 percent.

�� (C) Evidence is provided that the domestic water supply is from a source authorized by the Water Resources Department and not from a Class II stream as designated by the State Board of Forestry.

�� (D) The dwelling is located upon a parcel within a fire protection district or is provided with residential fire protection by contract.

�� (E) If the dwelling is not within a fire protection district, the applicant provides evidence that the applicant has asked to be included in the nearest such district.

�� (F) If the dwelling has a chimney or chimneys, each chimney has a spark arrester.

�� (G) The owner provides and maintains primary fuel-free break and secondary break areas on land surrounding the dwelling that is owned or controlled by the owner.

�� (2)(a) If a governing body determines that meeting the requirement of subsection (1)(b)(D) of this section would be impracticable, the governing body may provide an alternative means for protecting the dwelling from fire hazards. The means selected may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions.

�� (b) If a water supply is required under this subsection, it shall be a swimming pool, pond, lake or similar body of water that at all times contains at least 4,000 gallons or a stream that has a minimum flow of at least one cubic foot per second. Road access shall be provided to within 15 feet of the water�s edge for fire-fighting pumping units, and the road access shall accommodate a turnaround for fire-fighting equipment. [1993 c.792 �5; 1995 c.812 �6; 1997 c.293 �1; 2003 c.621 �103; 2025 c.38 �40]

(Other Forestland Dwellings)

�� 215.740 Large tract forestland dwelling; criteria; rules. (1) If a dwelling is not allowed under ORS 215.720 (1), a dwelling may be allowed on land zoned for forest use under a goal protecting forestland if it complies with other provisions of law and is sited on a tract:

�� (a) In eastern Oregon of at least 240 contiguous acres except as provided in subsection (3) of this section; or

�� (b) In western Oregon of at least 160 contiguous acres except as provided in subsection (3) of this section.

�� (2) For purposes of subsection (1) of this section, a tract shall not be considered to consist of less than 240 acres or 160 acres because it is crossed by a public road or a waterway.

�� (3)(a) An owner of tracts that are not contiguous but are in the same county or adjacent counties and zoned for forest use may add together the acreage of two or more tracts to total 320 acres or more in eastern Oregon or 200 acres or more in western Oregon to qualify for a dwelling under subsection (1) of this section.

�� (b) If an owner totals 320 or 200 acres, as appropriate, under paragraph (a) of this subsection, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records for the tracts in the 320 or 200 acres, as appropriate. The deed restrictions shall preclude all future rights to construct a dwelling on the tracts or to use the tracts to total acreage for future siting of dwellings for present and any future owners unless the tract is no longer subject to protection under goals for agricultural lands or forestlands.

�� (c) The Land Conservation and Development Commission shall adopt rules that prescribe the language of the deed restriction, the procedures for recording, the procedures under which counties shall keep records of lots or parcels used to create the total, the mechanisms for providing notice to subsequent purchasers of the limitations under paragraph (b) of this subsection and other rules to implement this section. [1993 c.792 �4(2),(3),(5)]

�� 215.750 Alternative forestland dwelling; criteria. (1) As used in this section, �center of the subject tract� means the mathematical centroid of the tract.

�� (2) In western Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 49 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 85 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (3) In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single-unit dwelling on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:

�� (a) Capable of producing 0 to 20 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels;

�� (b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels; or

�� (c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if:

�� (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and

�� (B) At least three dwellings existed on January 1, 1993, on the other lots or parcels.

�� (4) Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility requirements under subsection (2) or (3) of this section.

�� (5) A proposed dwelling under this section is allowed only if:

�� (a) It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations and other provisions of law;

�� (b) It complies with the requirements of ORS 215.730;

�� (c) No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under ORS 215.740 (3) for the other lots or parcels that make up the tract are met;

�� (d) The tract on which the dwelling will be sited does not include a dwelling;

�� (e) The lot or parcel on which the dwelling will be sited was lawfully established;

�� (f) Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192;

�� (g) Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

�� (h) If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract.

�� (6) Except as described in subsection (7) of this section, if the tract under subsection (2) or (3) of this section abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road.

�� (7)(a) If a tract 60 acres or larger described under subsection (2) or (3) of this section abuts a road or perennial stream, the measurement shall be made in accordance with subsection (6) of this section. However, one of the three required dwellings must be on the same side of the road or stream as the tract and:

�� (A) Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is, to the maximum extent possible, aligned with the road or stream; or

�� (B) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract.

�� (b) If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings must be on the same side of the road as the proposed dwelling.

�� (8) Notwithstanding subsection (5)(a) of this section, if the acknowledged comprehensive plan and land use regulations of a county require that a dwelling be located in a 160-acre square or rectangle described in subsection (2), (3), (6) or (7) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle. [1993 c.792 �4(6),(7),(8); 1999 c.59 �58; 2005 c.289 �1; 2019 c.433 �1; 2025 c.38 �41]

�� 215.755 Other forestland dwellings; criteria. Subject to the approval of the governing body or its designee, the following dwellings may be established in any area zoned for forest use under a land use planning goal protecting forestland, provided that the requirements of the acknowledged comprehensive plan, land use regulations and other applicable provisions of law are met:

�� (1) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (2) One manufactured dwelling or recreational vehicle, or the temporary use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this subsection. A temporary dwelling established under this section shall not qualify for replacement under the provisions of subsection (1) of this section.

�� (3) Caretaker residences for public parks and public fish hatcheries. [1997 c.318 �6; 1999 c.640 �4; 2023 c.301 �1]

�� Note: 215.755 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.757 Accessory dwellings supporting family forestry; conditions. (1) As used in this section, �owner or a relative� means the owner of the lot or parcel, or a relative of the owner or the owner�s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either.

�� (2) A county may approve a new single-unit dwelling on a lot or parcel zoned for forest use provided:

�� (a) The new single-unit dwelling will be on a lot or parcel no smaller than the minimum size allowed under ORS 215.780;

�� (b) The new single-unit dwelling will be on a lot or parcel that contains exactly one existing single-unit dwelling that was lawfully:

�� (A) In existence before November 4, 1993; or

�� (B) Approved under ORS 215.130 (6), 215.705, 215.720, 215.740, 215.750 or 215.755;

�� (c) The shortest distance between the new single-unit dwelling and the existing single-unit dwelling is no greater than 200 feet;

�� (d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478;

�� (e) The new single-unit dwelling complies with the Oregon residential specialty code relating to wildfire hazard mitigation;

�� (f) As a condition of approval of the new single-unit dwelling, in addition to the requirements of ORS 215.293, the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

�� (A) Prohibit the owner and the owner�s successors from partitioning the property to separate the new single-unit dwelling from the lot or parcel containing the existing single-unit dwelling; and

�� (B) Require that the owner and the owner�s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

�� (g) The existing single-unit dwelling is occupied by the owner or a relative;

�� (h) The new single-unit dwelling will be occupied by the owner or a relative; and

�� (i) The owner or a relative occupies the new single-unit dwelling to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition or supervision of forest lots or parcels of the owner.

�� (3) If a new single-unit dwelling is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS

ORS 540.543

540.543.

�� (4) This section shall not apply to an application for the transfer of less than 0.5 cubic feet per second of water.

�� (5) Subsection (1) of this section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [1989 c.936 �4]

�� 537.805 Processing of application; hearing; action on application. Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows:

�� (1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant�s expense.

�� (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant�s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment.

�� (3) Following publication, the commission shall conduct a public hearing at the applicant�s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 and standards that otherwise apply to the proposed appropriation or transfer.

�� (4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall:

�� (a) If the application requires legislative approval under ORS 537.810, submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 and recommends whether to approve or deny the application for use of water outside the basin of origin; or

�� (b) If the application does not require legislative approval under ORS 537.810, approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803. [1989 c.936 �5; 2011 c.52 �5]

�� 537.807 [1989 c.939 �6; repealed by 1991 c.200 �3]

�� 537.809 Reservation of water in basin of origin. Before approving or recommending approval of an application subject to ORS 537.803, the Water Resources Commission shall reserve an amount of water adequate for future needs in the basin of origin, including an amount sufficient to protect public uses, and subordinate the out-of-basin use to that reservation. [1989 c.936 �6]

�� 537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions. (1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located.

�� (2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin.

�� (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 or within the Goose Lake Basin as defined in ORS 542.520, so long as those statutes remain in effect.

�� (4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 �7]

�� 537.820 Application of provisions to waters forming common boundary between states. ORS 537.801 to 537.860 shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body of water serving as part of the common boundary of this state and any other state and over which this state has concurrent jurisdiction, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located.

�� 537.830 Condemnation of waters for use outside basin of origin. No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for use outside the basin of origin without first complying with the requirements of ORS 537.801 to 537.810 and this section. [Amended by 1989 c.936 �8]

�� 537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek. (1) Pursuant to the provisions of ORS 537.810, consent is hereby given to the City of Walla Walla, a municipal corporation of the State of Washington, to appropriate, impound and divert certain waters from Mill Creek, a tributary of the Walla Walla River, located in Township 6 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions:

�� (a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and

�� (b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project.

�� (2) The Water Resources Commission may from time to time direct that a designated portion of the impounded waters shall be held in the State of Oregon for fire protection, for use by Oregon residents, for wildlife habitat needs, and to maintain proper streamflow during the summer months.

�� (3) Prior to commencing construction, the City of Walla Walla shall make application for such appropriation, impoundment and diversion to the Water Resources Commission and such appropriation, impoundment and diversion shall be allowed upon such additional terms, conditions, reservations, restrictions and provisions, including minimum streamflow, as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1975 c.732 �2; 1985 c.673 �76]

�� 537.840 Legislative consent; filing of certified copy; appropriation rights and procedure. Upon receiving legislative permission to appropriate waters under ORS 537.801 to

ORS 543.290

543.290 to 543.610 shall not apply to cities, towns or other municipal corporations of this state, including utility districts organized under section 12, Article XI, Oregon Constitution, and legislation enacted thereunder; saving, however, to such cities, towns and other municipal corporations the rights and preferences specified in ORS 543.260, 543.270 and 543.610. The Water Resources Commission shall exercise the powers in relation to utility districts as may be conferred upon the commission by any legislation providing for the creation of such utility districts. [Amended by 1985 c.673 �144; 1991 c.869 �7]

�� 543.160 Hydroelectric facility on North Santiam River prohibited; exception. (1) No person shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on the North Santiam River between river mile 27 and Big Cliff Dam.

�� (2) Nothing in subsection (1) of this section applies to any hydroelectric facility or structure constructed on the North Santiam River prior to October 15, 1983, to the historic uses of such a hydroelectric facility or structure or to the repair or reconstruction of such a hydroelectric facility or structure at the present site. [1983 c.418 ��1,2]

�� Note: 543.160 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.165 Hydroelectric facility on part of Deschutes River prohibited. No person, state agency, local government, district or municipal corporation shall construct, and no officer or agency of the state shall issue any permit for the construction of any hydroelectric facility or structure on the Deschutes River between river mile 172 below Lava Island Falls and river mile 227 below but not including Wickiup Dam. [1985 c.560 �1]

�� Note: 543.165 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.170 Hydroelectric facility on Isq�ulktpe Creek prohibited. No person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on Isq�ulktpe Creek. [1985 c.560 �2; 2019 c.13 �54]

�� Note: 543.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.175 Hydroelectric facility on Deschutes River within City of Bend prohibited; exception. (1) Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on that portion of the Upper Deschutes River situated within the city limits of the City of Bend except for a facility that meets all of the following criteria:

�� (a) The facility is located on an existing irrigation diversion facility or structure constructed by persons.

�� (b) The operation of the facility would not require any water in addition to water appropriated for irrigation purposes.

�� (c) Operation of the facility would be limited to the period of time during which water is diverted for irrigation purposes and the diversion would not be extended for the purpose of hydroelectric power generation.

�� (2) Subsection (1) of this section shall not apply to the construction and maintenance of or the issuance of a permit for a hydroelectric facility or structure for which the hearing record is closed on or before the July 12, 1985, whether or not the record is later reopened by or at the direction of the Water Resources Commission for any reason.

�� (3) As used in this section, �Upper Deschutes River� means that portion of the mainstem Deschutes River between the North Canal Dam at approximately river mile 165 and the head waters of the Deschutes River. [1985 c.560 �3]

�� Note: 543.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PRELIMINARY PERMITS; LICENSES

�� 543.210 Preliminary permits; application; contents; fee. (1) Any person who proposes to operate a hydroelectric project in Oregon shall apply for a state preliminary permit. Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. The Water Resources Commission may issue a preliminary permit to any person possessing the qualifications of a licensee as specified in ORS 543.010 to 543.610.

�� (2) The application for a preliminary permit shall set forth:

�� (a) The name and post-office address of the applicant;

�� (b) The approximate site of any proposed dam or diversion;

�� (c) The amount of water in cubic feet per second;

�� (d) The theoretical horsepower; and

�� (e) Any other data the commission may by rule require.

�� (3) Upon receipt of an application for a preliminary permit the commission shall indorse on the application the date of receipt, and keep a record of the receipt of the application. The date so indorsed shall determine the priority of the use of water initiated under the provisions of ORS 543.010 to 543.610.

�� (4) At the time of filing application for preliminary permit the applicant shall pay to the state the portion of the total project fee required in ORS 543.280, to cover costs of recording, publishing notices and making investigations necessary to determine whether or not a preliminary permit should be granted. [Amended by 1961 c.224 �15; 1985 c.673 �147; 1991 c.869 �8]

�� 543.220 Notice of filing of application; waiting period. (1) If an application is made for a preliminary permit, after said application has been referred to hearing, the Water Resources Commission shall give written notice of the filing of the application to:

�� (a) Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

�� (b) The owner of any land that is:

�� (A) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

�� (B) Adjacent to the site of the proposed project.

�� (2) The commission shall also publish notice of the application in the weekly public notice of the Water Resources Department.

�� (3) No application for the appropriation or use of water for the development of 1,000 theoretical horsepower or more shall be granted until at least six months after the application for a preliminary permit has been filed. [Amended by 1961 c.224 �16; 1975 c.581 �27; 1985 c.569 �23; 2011 c.52 �9; 2025 c.282 �7]

�� Note: The amendments to 543.220 by section 7, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 543.220. (1) If an application is made for a preliminary permit, after said application has been referred to hearing the Water Resources Commission shall give written notice of the filing of the application to:

�� (a) Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

�� (b) The owner of any land that is:

�� (A) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

�� (B) Adjacent to the site of the proposed project.

�� (2) The commission shall also publish notice of the application once each week for at least two successive weeks and for such further time, if any, as the commission shall determine, in a newspaper of general circulation in each county in which the project covered by the application is located.

�� 543.225 Hearing on application; notice; policy. (1) The Water Resources Commission shall conduct a public hearing on any application or amended application for a preliminary permit or for a license for a major project of more than 100 theoretical horsepower and an application for preliminary permit or license for a minor project of less than 100 theoretical horsepower if the commission concludes it is in the public interest to do so.

�� (2) The commission shall give proper notice of the public hearing on an application under subsection (1) of this section, to the applicant and to each protestant, if any. After the hearing, if the commission determines that the proposed project does not comply with the standards set forth in ORS 543.017 or rules adopted by the commission under ORS 543.017, or would otherwise impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned, it shall enter an order rejecting the application or requiring its modification to conform to the public interest, to the end that the highest public benefit may result from the proposed project. The order may set forth any or all of the provisions or restrictions to be included in a preliminary permit or license concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

�� (3) In determining whether the proposed project would impair or be detrimental to the public interest, the commission shall have due regard for:

�� (a) Conserving the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.

�� (b) The maximum economic development of the waters involved.

�� (c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.

�� (d) The amount of waters available for appropriation for beneficial use.

�� (e) The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

�� (f) All vested and inchoate rights to the waters of this state or to the use thereof, and the means necessary to protect such rights.

�� (g) The state water resources policy formulated under ORS 536.295 to 536.350 and 537.505 to

ORS 660.002

660.002 to 660.210. [Amended by 1967 c.6 �24; 1981 c.764 �18]

�� 660.175 Grant program for apprenticeship training in healthcare, manufacturing and construction; standards and criteria for grant recipients; rules. (1) As used in this section:

�� (a) �Community-based organization� has the meaning given that term in ORS 660.390.

�� (b) �Local workforce development board� has the meaning given that term in ORS 660.300.

�� (c) �Priority populations� has the meaning given that term in ORS 660.300.

�� (2) The Bureau of Labor and Industries shall establish and administer a grant program to provide financial support for the development, expansion and implementation of registered apprenticeship and preapprenticeship training programs in health care and manufacturing, and for the development and implementation of preapprenticeship training programs in construction.

�� (3) The State Apprenticeship and Training Council, under the direction of the Apprenticeship and Training Division of the Bureau of Labor and Industries, may award grants to community-based organizations, labor organizations, local workforce development boards and other entities that develop apprenticeship and preapprenticeship training programs described under subsection (2) of this section and that prioritize program participation by apprentices from priority populations.

�� (4) The Apprenticeship and Training Division of the Bureau of Labor and Industries shall, in collaboration with the Higher Education Coordinating Commission, recommend for approval by the council:

�� (a) The criteria and standards by which the entities described under subsection (3) of this section may submit proposals to receive a grant under this section.

�� (b) The grant proposals to consider in awarding grants.

�� (5) The council shall award grants under this section on a competitive basis and may give priority to grant proposals that demonstrate effective strategies for engaging with priority populations.

�� (6) A recipient of a grant under this section may use the moneys:

�� (a) To pay the costs of convening employers in health care and manufacturing;

�� (b) To recruit and conduct outreach for apprentices;

�� (c) To provide tuition and fee assistance to program participants;

�� (d) To pay the costs of tools, supplies and equipment and other training-related costs;

�� (e) To pay for technology supports, including broadband services;

�� (f) To provide apprentices with supports and services that are equivalent to the supports and services available to apprentices who perform work on a bridge or highway project;

�� (g) To develop uniform standards for new registered apprenticeship and preapprenticeship training programs described under subsection (2) of this section;

�� (h) To develop a curriculum and standard courses of study for the instruction of apprentices; and

�� (i) For any other activities that the bureau deems necessary to support the expansion of registered apprenticeship and preapprenticeship training programs and to support overall increased program participation, with an emphasis on increased participation by women and individuals from communities of color.

�� (7) The bureau may adopt rules necessary to implement the provisions of this section.

�� (8) Each grant recipient shall track and report to the council information regarding the status of each apprenticeship and preapprenticeship program developed, expanded and implemented under this section and the use of grant funds. [2022 c.28 �6]

�� Note: Sections 1 and 3, chapter 496, Oregon Laws 2023, provide:

�� Sec. 1. Grant program for firefighter apprenticeship pilot projects; reporting requirements; rules. (1) As used in this section:

�� (a) �Local joint committee� has the meaning given that term in ORS 660.010.

�� (b) �Local service district� has the meaning given that term in ORS 174.116.

�� (2) There is created in the Apprenticeship and Training Division of the Bureau of Labor and Industries a program to make grants to local service districts and local joint committees to develop and administer pilot projects that provide firefighter apprenticeship training. The bureau may award grants to provide funding for up to 10 pilot projects administered throughout this state.

�� (3) At a minimum, pilot projects funded by the program created under this section must:

�� (a) Provide on-the-job workforce training and education to prepare adults who are at least 18 years of age with the skills that are necessary to pursue a career in the fire service.

�� (b) Educate participants in a firefighter apprenticeship pilot project on how to mitigate fire and fire emergencies.

�� (c) Collaborate with associations that represent firefighters and fire service professionals and employers that provide fire protection services to identify career opportunities in the fire service.

�� (4) The Commissioner of the Bureau of Labor and Industries:

�� (a) May adopt rules necessary to implement this section, including rules regarding grant application procedures and criteria for grant approval.

�� (b) Shall prescribe by rule the requirements for a local service district or a local joint committee receiving funding under this section.

�� (c) May require a grant recipient to provide data and other reports to enable the bureau to monitor and evaluate the progress and success of pilot projects.

�� (5) Not later than December 31, 2026, the bureau shall submit a report, in the manner provided in ORS 192.245, to an interim committee of the Legislative Assembly related to business and labor, on the effectiveness and success of pilot projects that were developed under the program established under this section. The bureau may include in the report submitted under this subsection recommendations for legislation. [2023 c.496 �1]

�� Sec. 3. Section 1 of this 2023 Act is repealed on January 2, 2027. [2023 c.496 �3]

�� 660.180 [Amended by 1957 c.270 �11; 1967 c.6 �25; 1971 c.734 �104; 1977 c.299 �2; 1979 c.831 �3; repealed by 1981 c.764 �20]

�� 660.190 Community college training program advisory committee. Each community college operating a preemployment or trade extension training program in an apprenticeable occupation shall appoint at least one employee member and one training agent member of an appropriate local joint committee to the advisory committee for that training program. [1977 c.155 �2; 1981 c.764 �19; 2007 c.620 �12]

�� 660.195 [1977 c.490 �8; repealed by 1981 c.764 �20]

�� 660.200 [1977 c.490 �9; repealed by 1981 c.764 �20]

�� 660.205 Certification of program completion for certain apprentices; card; rules; fee. (1) There shall be a uniform system of certification in those apprenticeable occupations for which the State Apprenticeship and Training Council determines certification is required. Such certification shall be awarded to apprentices successfully completing such an apprenticeship program and shall signify the apprentice�s attainment of the status of journeyworker. The council shall prescribe by rule a singular form of certification card for apprenticeable occupations and the conditions for its issuance.

�� (2) Only the Commissioner of the Bureau of Labor and Industries may prepare or issue or cause to be prepared or issued a card or other form of documentation purporting to certify or otherwise representing the bearer to be a journeyworker in an apprenticeable occupation.

�� (3) The commissioner may establish and charge a fee for the issuance of certification in an amount not to exceed $25.

�� (4) The provisions of this section first apply to apprentices who successfully complete an apprenticeship program after January 1, 1990. [1989 c.1061 �2; 2011 c.140 �11]

�� 660.210 Tort liability of committees, officers, employees and agents; limitations; punitive damages excluded. (1) In any action based on tort, as defined in ORS 30.260, the liability of any local joint committee formed under ORS 660.135, trade committee for apprenticeship and training formed under ORS 660.145 or state joint committee formed under ORS 660.155, and the liability of its officers, employees and agents acting within the scope of their employment or duties, shall not exceed:

�� (a) $50,000 to any claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence.

�� (b) $100,000 to any claimant as general and special damages for all other claims arising out of a single accident or occurrence unless those damages exceed $100,000, in which case the claimant may recover additional special damages, but in no event shall the total award of special damages exceed $100,000.

�� (c) $500,000 for any number of claims arising out of a single accident or occurrence.

�� (2) No award for damages on any claim subject to this section shall include punitive damages. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort, as defined in ORS 30.260.

�� (3) In any action subject to this section in which the amount awarded to or settled upon multiple claimants exceeds $500,000, any party may apply to any circuit court to apportion to each claimant the proper share of the total amount limited by subsection (1) of this section. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence.

�� (4) The liability of a committee described in subsection (1) of this section and one or more of its officers, employees or agents, or two or more officers, employees or agents of the committee, on claims arising out of a single accident or occurrence, shall not exceed in the aggregate the amounts limited by subsection (1) of this section. [1999 c.642 �2]

�� 660.220 Outreach to veterans by Bureau of Labor and Industries; rules. (1) The Bureau of Labor and Industries shall develop and administer a program to conduct outreach to veterans to:

�� (a) Inform them about trade careers; and

�� (b) Connect them with available apprenticeship opportunities.

�� (2) The bureau may issue grants to trade unions and trade associations to be used to conduct outreach through job fairs or similar recruitment methods.

�� (3) The bureau may enter into one or more agreements with other state agencies, including the Department of Veterans� Affairs, the Employment Department and the Department of Transportation, for the purpose of identifying veterans for outreach purposes.

�� (4) The bureau shall adopt rules to administer and implement the provisions of this section.

�� (5) As used in this section, �veteran� means a resident of Oregon who:

�� (a) Is a veteran as defined in ORS 408.225; or

�� (b) Served in the Oregon National Guard or a reserve component of the Armed Forces of the United States. [2019 c.528 �1]

WORKFORCE DEVELOPMENT

(General Provisions)

�� 660.300 Definitions for ORS 660.300 to 660.420. As used in ORS 660.300 to 660.420:

�� (1) �Chief elected official� means a county commissioner, a county judge or the mayor of the City of Portland.

�� (2) �Federal Act� or �federal Workforce Innovation and Opportunity Act� means the federal Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

�� (3) �Local workforce development area� means the City of Portland or a county when the city or county has been designated as a local workforce development area under ORS 660.324. �Local workforce development area� may include two or more counties that have joined together to form a local workforce development area and that have been designated as a local workforce development area under ORS

ORS 743.006

743.006; 2001 c.943 �7; 2015 c.88 �4]

�� 742.004 Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules. (1) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the Director of the Department of Consumer and Business Services, and except as provided in subsections (3), (4) and (5) of this section, an insurer is exempt from the requirement to file with the director rates or policy forms for the classes of insurance specified in subsection (2) of this section.

�� (2)(a) The following classes of insurance are subject to the exemption described in subsection (1) of this section:

�� (A) Surety insurance;

�� (B) Wet marine and transportation insurance;

�� (C) Boiler and machinery insurance;

�� (D) Environmental impairment and pollution insurance;

�� (E) Kidnap and ransom insurance;

�� (F) Political risk or expropriation insurance;

�� (G) Insurance for property with these characteristics:

�� (i) The owner or property manager demonstrates a willingness and determination to reduce the probability of a loss;

�� (ii) The owner or property manager conducts periodic and thorough specialized inspections and engineering for the purpose of preventing or minimizing loss;

�� (iii) The property has an insurable value sufficient for an insurer to charge a premium in an amount that warrants providing specialized inspection and engineering services;

�� (iv) The property has a structural design and degree of protection that, in combination with specialized inspection and engineering services, has the effect of reducing the need for or importance of publicly provided fire protection;

�� (v) The property�s construction uses fire resistant or incombustible heavy timber or similar materials that are well preserved and in good repair;

�� (vi) The property has fire protection or loss prevention equipment in all areas in which fire prevention or loss protection is necessary;

�� (vii) The owner or property manager provides security and alarm service or equivalent security services or equipment where necessary; and

�� (viii) Sufficient numbers of hydrants, hoses and equipment, an adequate water supply and other components of a private or publicly provided fire protection system exist to protect the property�s exterior; and

�� (H) Commercial lines insurance that the director exempts, other than coverage specified in subsection (4) of this section, for large commercial policyholders that pay an annual aggregate premium threshold amount or that meet other requirements the director specifies.

�� (b) An exemption for the classes of insurance described in paragraph (a) of this subsection applies whether the insurer provides the insurance as a stand-alone policy, as an endorsement or as part of other insurance coverage.

�� (3) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the director, and except as provided in subsections (4) and (5) of this section, the director by rule may exempt or amend the rate and form filing requirements for any commercial line of insurance if the director determines that:

�� (a) The requirement is not desirable or is not necessary to protect the public; and

�� (b) An exemption or amendment would enhance competition.

�� (4) The following classes of insurance are not exempt under subsection (1) of this section:

�� (a) Workers� compensation insurance;

�� (b) Medical malpractice liability insurance;

�� (c) Commercial automobile liability insurance;

�� (d) Coverage that an insurer issues under an assigned risk plan or through a residual market pool or residual market facility; and

�� (e) Insurance for a project, as defined in ORS 737.602.

�� (5) This section does not apply to any class or line of insurance that an insurer transacts with a consumer, as defined in ORS 746.600.

�� (6)(a) The director may publish a sample disclosure notice that an insurer may issue without needing to file the disclosure with the director for review or approval if the insurer issues the disclosure together with an insurance policy that is a claims-made insurance policy or a liability insurance policy that includes defense costs within the limits of liability.

�� (b) An insurer need not use the sample disclosure notice described in paragraph (a) of this subsection. An insurer that does not use the sample disclosure notice shall file the insurer�s proposed notice with the director for review and approval. If the director approves the insurer�s proposed notice, the insurer may issue the notice with all of the insurer�s claims-made insurance policies or policies that include defense costs within the limits of liability without submitting the notice to the director for further review or approval.

�� (7) The director may adopt rules to implement this section. [2017 c.492 �2]

�� Note: 742.004 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.005 Grounds for disapproval of policy forms. The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director�s approval:

�� (1) If the director finds it does not comply with the law;

�� (2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued;

�� (3) If, in the director�s judgment, its use would be prejudicial to the interests of the insurer�s policyholders;

�� (4) If the director finds it contains provisions which are unjust, unfair or inequitable;

�� (5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 is being used with respect to the form; or

�� (6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged:

�� (a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 as exempt from the application of ORS 743.405 to 743.498 and 743A.160;

�� (b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005, including small employer group policies issued by health care service contractors; or

�� (c) Credit life and credit health insurance forms subject to ORS 743.371 to 743.380. [Formerly

ORS 757.600

757.600.

�� (2) A consumer-owned utility must have and operate in compliance with a risk-based wildfire mitigation plan approved by the governing body of the utility. The plan must be designed to protect public safety, reduce risk to utility customers and promote electrical system resilience to wildfire damage.

�� (3) The consumer-owned utility shall regularly update the risk-based wildfire mitigation plan on a schedule the governing body deems consistent with prudent utility practices.

�� (4) A consumer-owned utility shall conduct a wildfire risk assessment of utility facilities. The utility shall review and revise the assessment on a schedule the governing body deems consistent with prudent utility practices.

�� (5) A consumer-owned utility shall submit a copy of the risk-based wildfire mitigation plan approved by the utility governing body to the Public Utility Commission to facilitate commission functions regarding statewide wildfire mitigation planning and wildfire preparedness. [2021 c.592 �4]

�� 757.968 Electric utility easement over private land. (1) As used in this section, �electric utility� has the meaning given that term in ORS 757.600.

�� (2) ORS 757.963 and 757.966 do not affect the terms or conditions of an easement held by an electric utility over private land as of July 19, 2021. [2021 c.592 �6a]

�� Note: 757.968 and 757.969 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.969 Municipally owned utility exempt from requirements. ORS 757.963 and 757.995 do not apply to municipally owned utilities organized under ORS chapter 225. [2021 c.592 �6b]

�� Note: See note under 757.968.

�� 757.972 Annual report to legislature on reducing risk of wildfire from utility infrastructure. (1) The Public Utility Commission shall annually report on actions taken to reduce the risk of wildfire from utility infrastructure to a committee or interim committee of the Legislative Assembly related to wildfire, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs Advisory Council.

�� (2) The report shall include, but need not be limited to:

�� (a) A status report regarding the review of wildfire protection plans described in ORS

ORS 757.960

757.960 that the commission convened in the prior 12 months;

�� (c) A summary of public safety power shutoffs initiated by utilities during the prior 12 months to mitigate wildfire ignitions;

�� (d) The amount of moneys budgeted or expended by public utilities during the prior 12 months on utility wildfire mitigation plans and wildfire protection plans and that were subject to commission review and oversight; and

�� (e) Any commission recommendations for legislative action, including but not limited to current or future resource and funding needs for reducing wildfire risk in order to ensure safe and reliable power. [2025 c.590 �14]

�� Note: 757.972 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PENALTIES

�� 757.990 Penalties. (1) Any person or municipality, or their agents, lessees, trustees or receivers, who omits, fails or refuses to do any act required by ORS 757.035, or fails to comply with any orders, rules or regulations of the Public Utility Commission made in pursuance of ORS 757.035, shall forfeit and pay into the State Treasury a sum of not less than $100, nor more than $10,000 for each such offense.

�� (2) Any public utility, or an officer or agent of a public utility, violating ORS 757.310 commits a Class A violation.

�� (3) Violation of ORS 757.325 is a Class A violation if committed by an individual. Violation of ORS 757.325 is a specific fine violation if committed by a person other than an individual and is subject to a fine of not more than $10,000.

�� (4) Violation of ORS 757.330 is a Class A violation.

�� (5) Violation of ORS 757.445 is a specific fine violation subject to a fine of not more than $20,000 for each offense.

�� (6) Violation of ORS 757.450 is a Class C felony. [Amended by 1971 c.655 �95; 1979 c.990 �428; 1987 c.320 �245; 1999 c.1051 �224; 2011 c.597 �93]

�� 757.991 Civil penalty for noncompliance with gas regulations. (1)(a) Any person or municipality, or any agent, lessee, trustee or receiver of the person or municipality, engaged in the management, operation, ownership or control of facilities for the transmission or distribution of gas by pipeline, or of facilities for the storage or treatment of gas to be transmitted or distributed by pipeline, that fails to comply with ORS 757.039, or fails to comply with any order, rule or regulation of the Public Utility Commission made pursuant to ORS 757.039, is subject to a civil penalty established by rule by the commission.

�� (b) The civil penalty amount for a violation or series of violations described in this section may not exceed the administrative civil penalty amount set forth in 49 C.F.R. 190.223 for a violation or series of violations of the applicable federal law described therein.

�� (2) Notwithstanding ORS 183.315 (6), 183.745 (7)(d) and 756.500 to 756.610, civil penalties under this section must be imposed by the commission as provided in ORS 183.745.

�� (3) Civil penalties collected under this section must be paid into the General Fund and credited to the Public Utility Commission Account as described in ORS 756.990 (7). [1969 c.372 �4; 1991 c.199 �1; 2015 c.231 �1; 2021 c.35 �1]

�� 757.992 [Formerly 758.990; renumbered

ORS 757.995

757.995�� Civil penalty for violation of wildfire protection provisions or rule

GENERAL PROVISIONS

(Regulation Generally)

�� 757.005 Definition of public utility. (1)(a) As used in this chapter, except as provided in paragraph (b) of this subsection, �public utility� means:

�� (A) Any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the production, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to or for the public, whether or not such plant or equipment or part thereof is wholly within any town or city.

�� (B) Any corporation, company, individual or association of individuals, which is party to an oral or written agreement for the payment by a public utility, for service, managerial construction, engineering or financing fees, and having an affiliated interest with the public utility.

�� (b) As used in this chapter, �public utility� does not include:

�� (A) Any plant owned or operated by a municipality.

�� (B) Any railroad, as defined in ORS 824.020, or any industrial concern by reason of the fact that it furnishes, without profit to itself, heat, light, water or power to the inhabitants of any locality where there is no municipal or public utility plant to furnish the same.

�� (C) Any corporation, company, individual or association of individuals providing heat, light or power:

�� (i) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

�� (ii) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;

�� (iii) From solar or wind resources to any number of customers; or

�� (iv) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

�� (D) A qualifying facility on account of sales made under the provisions of ORS 758.505 to

ORS 758.015

758.015 and 758.400 to 758.475 shall not be construed or applied to restrict the powers granted to cities to issue franchises, or to restrict the exercise of the power of condemnation by a municipality; and when a municipality has condemned or otherwise acquired another person�s equipment, plant or facilities for rendering utility service, it shall acquire all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

�� (2) ORS 758.015 and 758.400 to 758.475 shall not be construed to restrict the right of a municipality to provide utility service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

�� (3) ORS 758.015 and 758.400 to 758.475 shall not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [Formerly 757.680]

�� 758.475 Fees. Except in cases under ORS 758.430 and 758.460 where no hearing is required, to cover the costs of administering ORS 758.015 and 758.400 to 758.475 the Public Utility Commission is required to receive fees before filing any contract, application, petition, complaint, protest, appearance, motion, answer or other pleading and for holding any hearing. All fees shall be collected in accordance with the following schedule:

�� (1) Filing application for allocated territory under ORS 758.435 by a person having annual gross revenue derived from within the state for the calendar year 1960:

�� (a) In excess of $5 million or more, a fee of two-tenths of one mill of such revenue but in no event shall such fee exceed, $10,000.

�� (b) In excess of $100,000 but less than $5 million, $100.

�� (c) Less than $100,000, $50.

�� (2) Filing a contract or application under ORS 758.015 or 758.420, $100.

�� (3) Filing petition or complaint, $25.

�� (4) Filing protest, appearance, motion, answer or other pleading, $10.

�� (5) Filing an application for allocated territory under ORS 758.435 subsequent to an original allocation and payment of fee under subsection (1) of this section, $100. [Formerly

ORS 759.005

759.005, commonly known as �private lines� or �farmer lines�; or

�� (c) For the provision of shared telecommunications service. [1987 c.447 �53; 2005 c.232 �24; 2007 c.825 �2]

�� 759.505 [1987 c.447 �54; repealed by 2005 c.232 �32]

�� 759.506 Purpose of allocated territory laws; carrier of last resort obligations; exemptions from obligations; reinstatement of obligations. (1) The purpose of establishing allocated territories under ORS 759.500 to 759.570 is to ensure that telecommunications utilities, cooperative corporations and municipalities certified by the Public Utility Commission to provide local exchange telecommunications service:

�� (a) Provide adequate and safe service to the customers of this state; and

�� (b) Serve all customers in an adequate and nondiscriminatory manner.

�� (2) The obligations described in this section may be referenced as carrier of last resort obligations.

�� (3) The commission, upon petition from a telecommunications utility, cooperative corporation or municipality, may exempt the telecommunications utility, cooperative corporation or municipality from the obligations described in this section if the commission finds, for a property with four or more single-family dwellings, that the owner or developer of the property, or a person acting on behalf of the owner or developer:

�� (a) Permits an alternative service provider to install its facilities or equipment used to provide local telecommunications service based on a condition of exclusion of the telecommunications utility, cooperative corporation or municipality during the construction phase of the real property;

�� (b) Accepts or agrees to accept incentives or rewards from an alternative service provider that are contingent upon the provision of any or all local telecommunications services by one or more alternative service providers to the exclusion of the telecommunications utility, cooperative corporation or municipality; or

�� (c) Collects from the occupants or residents of the property mandatory charges for the provision of any local telecommunications service provided to the occupants or residents by an alternative service provider in any manner, including, but not limited to, collection through rent, fees or dues.

�� (4) If the commission, upon petition from any interested person located within the property for which the commission has waived the carrier of last resort obligations under subsection (3) of this section, finds that the existing public convenience and necessity requires reinstatement of the carrier of last resort obligations, then the commission has the power to assign the obligations to a telecommunications utility, cooperative corporation or municipality after a public hearing. The commission shall determine how the costs of serving the customers are allocated so that the telecommunications utility, cooperative corporation or municipality will be allowed an opportunity to recover reasonable and prudent costs that exceed the costs that would have been incurred to initially construct or acquire facilities to serve customers of the territory. The determination of cost allocation by the commission must also divide the costs allowed equitably among all customers of the territory to which service is being reinstated. [2005 c.232 �26; 2009 c.124 �1]

�� 759.510 [1987 c.447 �55; repealed by 2005 c.232 �32]

�� 759.515 [1987 c.447 �56; repealed by 2005 c.232 �32]

�� 759.520 [1987 c.447 �57; repealed by 2005 c.232 �32]

�� 759.525 [1987 c.447 �58; 2005 c.22 �509; repealed by 2005 c.232 �32]

�� 759.530 [1987 c.447 �59; repealed by 2005 c.232 �32]

�� 759.535 Application to serve unserved territory; hearing; notice. (1) A telecommunications utility, cooperative corporation or municipality that desires to provide local exchange telecommunications service in a territory that is not served by another person providing a similar local exchange telecommunications service may apply to the Public Utility Commission for an order allocating the territory to the applicant. The application shall include an exchange map that shows the unserved territory that the applicant is requesting to serve.

�� (2) The commission shall within 30 days after the filing of the application give notice of the filing. If the commission chooses, or if a customer requests a hearing on the matter within 30 days of the notice, the commission shall hold a hearing by telephone or in person. The commission shall give notice of the hearing within 30 days of the request. The notice shall set the date and place of hearing. The hearing shall be held at a place within or conveniently accessible to the territory covered by the application. Notice of the filing shall be by publication in a newspaper or newspapers of general circulation in the territory covered by the application and shall be published at least once weekly for two successive weeks. Written notice of the filing shall be given to providers of similar local exchange telecommunications service in adjacent territory. [1987 c.447 �60; 2005 c.232 �28]

�� 759.540 [1987 c.447 �61; repealed by 2005 c.232 �32]

�� 759.545 [1987 c.447 �62; repealed by 2005 c.232 �32]

�� 759.550 [1987 c.447 �63; repealed by 2005 c.232 �32]

�� 759.555 [1987 c.447 �64; repealed by 2005 c.232 �32]

�� 759.560 Assignment or transfer of allocated territory; rules. (1) The rights acquired by an allocation of territory may only be assigned or transferred with the approval of the Public Utility Commission after a finding that the assignment or transfer is not contrary to the public interest.

�� (2) The commission may approve a transfer of territory previously allocated only upon receipt of an application for allocation that is jointly filed by the transferor and the transferee. The application shall include exchange maps that show how the applicants want the commission to allocate the territory. The commission shall enter an order either approving or disapproving the application as filed, or as amended, together with findings of fact supporting the order.

�� (3)(a) An order approving an allocation of territory may not be construed to confer any property right.

�� (b) Notwithstanding paragraph (a) of this subsection, upon the death of an individual to whom territory was allocated or who was an applicant under an approved order, the executor or administrator of the estate of the individual shall continue the operation of local exchange telecommunications service for the purpose of transferring territorial allocation rights. The executor or administrator shall continue the operation for a period not to exceed two years from the date of death.

�� (4) In the event the property of a person serving an allocated territory is condemned, no value shall be claimed or awarded by reason of the contract or order making the allocation.

�� (5) The commission may by rule establish requirements for notice to affected persons of the assignment or transfer of allocated territory. [1987 c.447 �65; 2005 c.232 �29]

�� 759.565 Injunction against unauthorized provision of service. In the event an allocated territory is served by a person that is not authorized by the Public Utility Commission to provide local exchange telecommunications service in the territory, an aggrieved person or the commission may file an action in the circuit court for any county in which is located some or all of the allocated territory allegedly involved in the unauthorized provision of service, for an injunction against the alleged unauthorized provision of service. The trial of the action shall proceed as in an action not triable by right to a jury. Any party may appeal to the Court of Appeals from the circuit court�s judgment, as in other equity cases. The remedy provided in this section shall be in addition to any other remedy provided by law. [1987 c.447 �66; 2003 c.576 �562; 2005 c.232 �30]

�� 759.570 Application of law to local government. (1) ORS 759.500 to 759.570 may not be construed or applied to restrict the powers granted to cities to issue franchises or to restrict the exercise of the power of condemnation by a municipality. If a municipality condemns or otherwise acquires equipment, plant or facilities from another person for rendering local exchange telecommunications service, the municipality acquires all of the rights of the person whose property is condemned to serve the territory served by the acquired properties.

�� (2) ORS 759.500 to 759.570 may not be construed to restrict the right of a municipality to provide local exchange telecommunications service for street lights, fire alarm systems, airports, buildings and other municipal installations regardless of their location.

�� (3) ORS 759.500 to 759.570 may not be construed to confer upon the Public Utility Commission any regulatory authority over rates, service or financing of cooperatives or municipalities. [1987 c.447 �67; 2005 c.232 �31]

�� 759.575 [1987 c.447 �68; repealed by 1993 c.204 �5]

(Unserved Territory)

�� 759.580 Power of commission to require service to unserved territory. The Public Utility Commission has power to require any telecommunications utility, after a public hearing of all parties interested, to extend its line, plant or system into, and to render service to, a locality not already served when the existing public convenience and necessity requires such extension and service. However, no such extension of service shall be required until the telecommunications utility has been granted such reasonable franchises as may be necessary for the extension of service and unless the conditions are such as to reasonably justify the necessary investment by the telecommunications utility in extending its line, plant or system into such locality and furnishing such service. [1987 c.447 �4]

�� 759.585 Definitions for ORS 759.585 to 759.595. As used in ORS 759.585 to 759.595, �unserved person� means a person:

�� (1) Who does not have local exchange telecommunications service;

�� (2) Who is applying for residential service or business service with five or fewer lines; and

�� (3) Who, for the initiation of such service, would be required to pay line extension charges. [1989 c.574 �2; 1991 c.307 �1]

�� 759.590 Application for service by unserved person; rules. (1) An unserved person may file an application with the Public Utility Commission for an order directing another telecommunications utility to provide local exchange service to the unserved person.

�� (2) The commission shall adopt rules which prescribe the form of an application filed under subsection (1) of this section and which provide for reasonable notice and opportunity for hearing to all telecommunications utilities affected by an application. [1989 c.574 �3; 1991 c.307 �2]

�� 759.595 Criteria for granting application for service; effect on other territorial allocation. (1) The Public Utility Commission shall grant an application filed under ORS

ORS 803.665

803.665�� Towing commercial fishing boat without permit

TITLES

(Generally)

�� 803.010 Proof of ownership. A certificate of title is prima facie evidence of the ownership of a vehicle or of an interest therein. In all actions, suits or criminal proceedings, when the title to or right of possession of any vehicle is involved, proof of the ownership or right to possession shall be made by means of:

�� (1) The original certificate of title issued by the Department of Transportation;

�� (2) A salvage title certificate issued by the department; or

�� (3) The department records as provided under ORS 802.240. [1983 c.338 �174; 1991 c.873 �29]

�� 803.012 Rules for title forms and fees. (1) The Department of Transportation may adopt rules authorizing different forms of title and specifying the uses of the different forms. The rules may include, but need not be limited to, rules authorizing and describing uses of electronic titles and certificates of title.

�� (2) Rules adopted under this section may require or allow different forms of title for different purposes or for different persons.

�� (3) Rules adopted under this section may include fee structures that vary for different forms of title but in no case may the department charge more than the fees established for similar title transactions under ORS 803.090. [1993 c.233 �6]

�� 803.015 Certificate contents. The Department of Transportation shall design a certificate of title for vehicles for situations in which the department determines that certificates will be issued. A certificate of title issued by the department shall conform to all of the following:

�� (1) The certificate shall be numbered in a manner prescribed by the department.

�� (2) The certificate shall contain a description of the vehicle.

�� (3) The certificate shall contain evidence of identification of the vehicle the department deems proper.

�� (4) The certificate shall contain the name of the owner of the vehicle.

�� (5) The certificate shall identify any security interest holders in the order of their priority. This subsection does not apply to the security interests where the debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale or lease.

�� (6) The certificate shall identify any lessor of the vehicle.

�� (7) The certificate shall be authenticated by a seal of the State of Oregon printed on the certificate.

�� (8) The certificate shall have space to fill in information required by the department upon the transfer of a vehicle under ORS 803.094 and space for the odometer disclosure required on transfer of an interest under ORS 803.102.

�� (9) If the vehicle is an assembled vehicle, the certificate shall:

�� (a) Show the make of the vehicle as �assembled.�

�� (b) Show the year the building of the vehicle is completed as the year model of the vehicle.

�� (10) The certificate shall show the mileage of the vehicle as reported to the department at the time the most recent title transfer was reported to the department, or the mileage reported to the department at the time the vehicle was initially titled in Oregon, whichever occurred last. The information required by this subsection shall be shown as reported to the department on odometer disclosure reports required by law to be submitted to the department.

�� (11) The certificate shall contain any brand or notation specified by the department by rule.

�� (12) The certificate shall contain any other information required by the department.

�� (13) The certificate shall be produced by a secure process that meets or exceeds the requirements of federal law. [1983 c.338 �175; 1985 c.16 �58; 1985 c.251 �14; 1985 c.253 �1; 1985 c.402 �6; 1987 c.127 �1; 1989 c.148 �8; 1991 c.820 �9; 1991 c.873 �7; 1993 c.233 �14; 2001 c.293 �1; 2001 c.445 �183; 2003 c.330 �1]

�� 803.016 Titles in form other than certificate. If title to a vehicle is not to be issued in the form of a certificate, the record of title kept by the Department of Transportation shall include all information required by ORS 803.015. Nothing in this section requires that title issued in a form other than a certificate:

�� (1) Be numbered as required by ORS 803.015 (1);

�� (2) Be authenticated as required by ORS 803.015 (7);

�� (3) Have the space required by ORS 803.015 (8); or

�� (4) Be produced by a secure process as required by ORS 803.015 (13). [1993 c.233 �16; 2001 c.293 �2; 2003 c.330 �3]

�� 803.020 [1985 c.251 �14a; repealed by 1991 c.873 �53]

�� 803.025 Violating title requirements; penalty. (1) A person commits the offense of violating vehicle title requirements if the person owns or operates any vehicle in this state for which this state has not issued title.

�� (2) Exemptions from this section are established by ORS 803.030. The exemptions are subject to ORS 803.040.

�� (3) The offense described in this section, violating vehicle title requirements, is a Class D traffic violation. [1983 c.338 �176; 1985 c.16 �59; 1985 c.333 �4; 1993 c.233 �17; 1995 c.383 �35]

�� 803.030 Exemptions from title requirement. This section establishes exemptions from the requirements under ORS 803.025 to obtain title issued by this state. The exemptions are subject to ORS 803.040. The exemptions are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be titled by this state are not prohibited from being titled by this state if titling is permitted under ORS 803.035. The exemptions are partial or complete as provided in the following:

�� (1) Title from this state is not required for a vehicle unless the vehicle is operated on a highway in this state.

�� (2) Title from this state is not required unless a vehicle is operated under a registration number of this state.

�� (3) Snowmobiles and Class I, Class III and Class IV all-terrain vehicles are not subject to the requirements under ORS 803.025. The requirements and procedures for titling snowmobiles are as provided under ORS 821.060 and 821.070.

�� (4) Road rollers, farm tractors and traction engines are exempt from the requirements for title.

�� (5) Trolleys are exempt from the requirements for title.

�� (6) Bicycles are exempt from the requirements for title.

�� (7) United States Government owned and operated motor vehicles and trailers are exempt from the requirements for title.

�� (8) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and wheelchairs are exempt from the requirements for title.

�� (9) Except as provided in subsection (23) of this section, fixed load vehicles are exempt from the requirements for title while operated within the immediate construction project, as described in the governmental agency contract, in the construction or reconstruction of state or county roads, highways or city streets.

�� (10) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from requirements for title while:

�� (a) Owned, leased, contracted or requisitioned by the State Forester, State Board of Forestry, their contractors under ORS chapter 477, or the federal government; and

�� (b) Being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute, including movement of the vehicles to and from the work area.

�� (11) Farm trailers are exempt from requirements for title when the operation or movement of the vehicle upon the highways is incidental to its use in an agricultural operation.

�� (12) Golf carts operated under an ordinance adopted under ORS 810.070 are exempt from requirements for title.

�� (13) Golf carts or similar vehicles are exempt from requirements for title when:

�� (a) They have not less than three wheels in contact with the ground;

�� (b) They have an unloaded weight of less than 1,300 pounds;

�� (c) They are designed to be and are operated at not more than 15 miles per hour; and

�� (d) They are operated by persons with disabilities.

�� (14) The nonresident owners of vehicles currently registered and titled in any other country, state or territory may operate such vehicles over the highways of this state without complying with the titling requirements under ORS 803.025. All of the following apply to this subsection:

�� (a) This subsection only provides an exemption so long as the owner satisfactorily shows that the owner is not a resident of this state or has been a resident of this state for less than 30 days. For the purpose of this paragraph, a person is a resident of this state if the person meets the residency requirements described in ORS 803.200.

�� (b) The exemption under this subsection applies to vehicles granted exemptions under ORS 802.500,

ORS 820.320

820.320 approaches the vehicle the person is operating and the person does not do all of the following:

�� (a) Yield the right of way to the ambulance, organ transport vehicle or emergency vehicle.

�� (b) Immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the roadway clear of any intersection.

�� (c) Stop and remain in such position until the emergency vehicle, organ transport vehicle or ambulance has passed.

�� (2) A person is not in violation of this section if the person is acting as otherwise directed by a police officer.

�� (3) This section does not relieve the driver of an emergency vehicle, organ transport vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.

�� (4) The offense described in this section, failure to yield to an emergency vehicle, organ transport vehicle or ambulance, is a Class B traffic violation.

�� 811.147 Failure to maintain safe distance from motor vehicle; penalty. (1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from a motor vehicle if the person approaches a motor vehicle that is stopped and is displaying required warning lights or hazard lights, or a person is indicating distress by using emergency flares or posting emergency signs, and the person operating the motor vehicle:

�� (a) On a highway having two or more lanes for traffic in a single direction, fails to:

�� (A) Make a lane change to a lane not adjacent to that of the stopped motor vehicle; or

�� (B) Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.

�� (b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.

�� (2) A person is not in violation of the offense described in this section if the stopped motor vehicle is in a designated parking area.

�� (3) The offense described in this section, failure to maintain a safe distance from a motor vehicle, is a Class B traffic violation. [2003 c.42 �2; 2009 c.198 �1; 2010 c.30 �17; 2017 c.305 �1]

�� Note: 811.147 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.150 Interference with emergency vehicle or ambulance; exemptions; penalty. (1) A person commits the offense of interference with an emergency vehicle or ambulance if the person does any of the following:

�� (a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle or ambulance that is traveling in response to a fire alarm or emergency.

�� (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle or ambulance responding to a fire alarm or emergency.

�� (c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

�� (2) The following exemptions apply to this section:

�� (a) Nothing in this section prohibits a driver of an emergency vehicle or ambulance from following within 500 feet of an emergency vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

�� (b) Nothing in this section prevents any person from driving over an unprotected hose of a fire department if the person first obtains the permission of a fire department official or police officer at the scene of the fire, alarm of fire or emergency.

�� (3) The offense described in this section, interference with an emergency vehicle or ambulance, is a Class B traffic violation. [1983 c.338 �584; 1985 c.16 �291; 1985 c.190 �1; 1995 c.383 �47]

�� Note: The amendments to 811.150 by section 8, chapter 278, Oregon Laws 2025, become operative January 1, 2027. See section 24, chapter 278, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 811.150. (1) A person commits the offense of interference with an emergency vehicle, organ transport vehicle or ambulance if the person does any of the following:

�� (a) Drives a vehicle following at a distance closer than 500 feet any emergency vehicle, organ transport vehicle or ambulance that is traveling in response to a fire alarm or emergency.

�� (b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle, organ transport vehicle or ambulance responding to a fire alarm or emergency.

�� (c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

�� (2) The following exemptions apply to this section:

�� (a) Nothing in this section prohibits a driver of an emergency vehicle, organ transport vehicle or ambulance from following within 500 feet of an emergency vehicle, organ transport vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

�� (3) The offense described in this section, interference with an emergency vehicle, organ transport vehicle or ambulance, is a Class B traffic violation.

�� 811.155 Failure to stop for bus safety lights; exemptions; penalty. (1) A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights described under ORS 816.260 and the driver does not:

�� (a) Stop before reaching the vehicle; and

�� (b) Remain standing until the bus safety lights are no longer operating.

�� (2) The following apply to the offense described in this section:

�� (a) The offense described in this section does not apply if the vehicle operating the bus safety lights is not permitted under ORS 816.350 and 816.360 to operate red bus safety lights.

�� (b) A driver need not comply with this section if the vehicle operating red bus safety lights is stopped on a different roadway.

�� (3) The offense described in this section, failure to stop for bus safety lights, is a Class A traffic violation. [1983 c.338 �583; 1985 c.16 �290]

�� 811.156 School buses; stop arm cameras; citation based on cameras; response to citation. (1) As used in this section and ORS 811.158:

�� (a) �Education provider� means:

�� (A) A school district as defined in ORS 332.002;

�� (B) An entity that is a provider under the Oregon Prenatal to Kindergarten Program or other public early learning and preschool programs established under ORS 329.172 to

ORS 821.110

821.110.

�� (8) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and wheelchairs are exempt from registration.

�� (9) Road graders, farm tractors and farm trailers on highways are exempt from registration when the operation of the vehicle upon the highway is incidental to its use in an agricultural operation.

�� (10) Except as provided in subsection (26) of this section, fixed load vehicles are exempt from registration while the vehicles are operated:

�� (a) In the construction or reconstruction of state or county roads, highways or city streets; and

�� (b) Within the immediate construction projects, as described in the governmental agency contract under which the work is being performed.

�� (11) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from registration while being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute. The exemption under this subsection applies to the vehicles or equipment described while being moved to or from the work area. The exemption under this subsection only applies to vehicles or equipment owned, leased, contracted for or requisitioned by the State Forester or State Board of Forestry, a contractor of the State Forester or State Board of Forestry under ORS chapter 477 or the United States Government.

�� (12) Vehicles being used for the purposes of forest protection and fire suppression are exempt if the vehicles are necessary in order to comply with ORS 477.615 or

ORS 825.258

825.258, 825.260, 825.950, 825.955, 825.960 and 825.990 apply to the following persons and vehicles:

�� (1) A vehicle owned or operated by a person prior to the time the vehicle is placed in commercial operation.

�� (2) A person transporting the person�s own commercial fishing boat if the combined weight of the vehicle, trailer and boat is 15,000 pounds or less.

�� (3) A vehicle being used for the purposes of forest protection and fire suppression if the vehicle is necessary in order to comply with ORS 477.615 or 477.650 or a similar federal statute, including but not limited to a vehicle being moved to or from the forest protection district operation area. [2003 c.589 �4]

(Certificates and Permits)

�� 825.100 Certificate or permit required for commercial transportation of persons or property on public highways; certificate required for transport of household goods. (1) A person may not operate any motor vehicle, whether loaded or empty, on any highway in this state as a carrier in the transportation of persons or property without possessing, in addition to any license required by any other law, a valid certificate or permit from the Department of Transportation authorizing the proposed operation. Each operation of a motor vehicle in violation of this subsection is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same motor vehicle or different motor vehicles.

�� (2) A person may not offer to transport, advertise as willing to transport or transport household goods for-hire in intrastate commerce without a valid certificate from the department. Each act described in this subsection is a separate violation subject to penalties under ORS 825.950 (1)(c). [Formerly 767.105; 2025 c.17 �8]

�� 825.102 Issuance of permits to intrastate for-hire carriers; rules. (1) Except as provided in subsection (6) of this section and ORS 825.135, the Department of Transportation shall issue a permit to a person to provide transportation service as a for-hire carrier over any highway in this state in intrastate commerce if the person applies for the permit and the department is satisfied that the person is able to comply with the provisions of this chapter and the rules of the department.

�� (2) In deciding whether to approve an application for a permit under this section, the department shall consider any evidence demonstrating that the applicant is unable to comply with this chapter and the rules of the department and shall deny the application if the applicant does not meet the financial responsibility and safety requirements established by this chapter and by rules of the department.

�� (3) If an application for a permit under this section is denied, the department shall notify the applicant of the reasons for denial. The applicant is entitled to a hearing if written request for a hearing is made within 15 days of the notification of denial.

�� (4) A permit granted under this section is not transferable. The department shall determine by rule what constitutes transfer of a permit.

�� (5) A permit issued under this section may be suspended or revoked as provided in this chapter. Grounds for suspension or revocation include, but are not limited to, failure to maintain compliance with safety requirements, failure to maintain compliance with financial responsibility requirements and failure to report or pay fees, taxes or penalties due the department.

�� (6) The department may not issue a permit under this section for transportation of household goods. For-hire carriers of household goods are subject to the certificate provisions of ORS 825.110. [1995 c.306 �2; 2015 c.283 �15]

�� 825.104 Federal registration and financial responsibility requirements for interstate carriers. An interstate for-hire carrier or private carrier required to obtain a United States Department of Transportation registration number engaged or to engage in interstate operations may not perform transportation services on the public highways of this state without having first complied with federal registration and financial responsibility requirements. [Formerly 767.155; 2001 c.335 �4; 2007 c.465 �5]

�� Note: 825.104 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 825.105 Confirmation of federal registration and financial responsibility for interstate motor carriers; rules. (1) The Department of Transportation may enter into an agreement with the authorized representatives of any jurisdiction outside this state for the purposes of confirming federal registration and accepting proof of financial responsibility for interstate motor carriers.

�� (2) A motor carrier registered in a jurisdiction that is a party to an agreement entered into under this section is considered registered for interstate operations in Oregon for the purpose of ORS 825.104.

�� (3) The department may adopt any rules the department deems necessary to effectuate and administer the provisions of an agreement entered into under this section.

�� (4) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles. [2007 c.465 �4]

�� 825.106 Issuance of permits to carriers described in ORS 825.020. Upon receipt of the information in writing required by the application form for permits in that class and in compliance with the law, rules and regulations of the Department of Transportation, permits shall be issued to motor carriers described in ORS 825.020, conditioned that the proposed operation will not be attended with substantial damage to the highway or danger to the users thereof, to adjacent property or facilities or to the public. The applicant is entitled to a hearing by the department if the application has been declined by the department. [Formerly

ORS 90.427

90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

�� (5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

�� (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

�� (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

�� (A) Does not increase the tenant�s portion of the rent; or

�� (B) Is required by program eligibility requirements or by a change in the tenant�s income.

�� (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months� rent plus actual damages suffered by the tenant.

�� (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 �2; 2019 c.1 �2; 2021 c.252 �1; 2023 c.226 �4]

�� Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.324 Calculation of maximum rent increase; publication. (1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year:

�� (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent.

�� (b) For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewer spaces or for tenancies subject to ORS 90.323, as the lesser of:

�� (A) Ten percent; or

�� (B) Seven percent plus CPI.

�� (2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentages allowed under this section, along with the provisions of ORS 90.323 and 90.600, in a press release.

�� (3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentages for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year.

�� (4) As used in this section, �CPI� means the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor. [2019 c.1 �5; 2023 c.226 �3; 2025 c.387 �1]

�� Note: 90.324 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TENANT OBLIGATIONS

�� 90.325 Tenant duties. (1) The tenant shall:

�� (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

�� (b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

�� (c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

�� (e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

�� (f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

�� (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

�� (2) A tenant may not:

�� (a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

�� (b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

�� (c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.

�� (3) A tenant is not responsible for damage that results from:

�� (a) Acts of God; or

�� (b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.

�� (4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant�s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 �7; 1995 c.559 �16; 1999 c.307 �21; 1999 c.603 �20; 2009 c.591 �13; 2015 c.388 �7; 2023 c.549 �1a]

�� 90.330 [Formerly 91.780; 1991 c.852 �1; 1995 c.559 �17; renumbered 90.262 in 1995]

�� 90.335 [Formerly 91.785; 1995 c.559 �18; renumbered 90.322 in 1995]

�� 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 �19]

TENANT RIGHTS AND REMEDIES

�� 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation. (1) As used in this section:

�� (a) �Extreme heat event� means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

�� (b) �Forecast zone� means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

�� (c) �Portable cooling device� includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

�� (2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant�s choosing, unless:

�� (a) The installation or use of the device would:

�� (A) Violate building codes or state or federal law;

�� (B) Violate the device manufacturer�s written safety guidelines for the device;

�� (C) Damage the premises or render the premises uninhabitable; or

�� (D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

�� (b) If the device would be installed in a window:

�� (A) The window is a necessary egress from the dwelling unit;

�� (B) The device would interfere with the tenant�s ability to lock a window that is accessible from outside;

�� (C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

�� (D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

�� (E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

�� (c) The restrictions require that the device be:

�� (A) Installed or removed by the landlord or landlord�s agent;

�� (B) Subject to inspection or servicing by the landlord or landlord�s agent; or

�� (C) Removed from October 1 through April 30.

�� (3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

�� (4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

�� (5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply�s inability to accommodate use of a portable cooling device.

�� (6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

�� (a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

�� (b) The termination notice must state:

�� (A) The deadline of a cure period designated in the notice, if any;

�� (B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

�� (C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 �2; 2023 c.442 �71]

�� Note: 90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.358 Dwelling use as family child care home allowed; conditions. (1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant�s use of a dwelling as a family child care home if:

�� (a) The family child care home is certified under ORS 329A.280 or registered under ORS

ORS 93.990

93.990�� Penalties

GENERAL REQUIREMENTS FOR DISPOSITION OF REALTY

�� 93.010 Conveyances, how made. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person of lawful age from whom the estate or interest is intended to pass, or by the lawful agent or attorney of the person, and acknowledged or proved, and recorded without any other act or ceremony. No seal of the grantor, corporate or otherwise, shall be required on the deed. [Amended by 1965 c.502 �4]

�� 93.020 Creating, transferring or declaring estates or interests in realty. (1) No estate or interest in real property, other than a lease for term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring or declaring it, or by the lawful agent of the party under written authority, and executed with such formalities as are required by law.

�� (2) This section does not affect the power of a testator in the disposition of real property by a last will and testament, nor to prevent a trust from arising or being extinguished by implication or operation of law, nor to affect the power of a court to compel the specific performance of an agreement in relation to such property.

�� 93.030 Contracts to convey, instruments of conveyance and related memoranda to state consideration. (1) As used in this section, �consideration� includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume.

�� (2) All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of the instruments the true and actual consideration paid for the transfer, stated in terms of dollars. However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of the other property or value need be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration.

�� (3) The statement of consideration as required by subsection (2) of this section shall be made by a grantor or a grantee. Failure to make such statement does not invalidate the conveyance.

�� (4) If the statement of consideration is in the body of the instrument preceding the signatures, execution of the instrument shall constitute a certification of the truth of the statement. If there is a separate statement of consideration on the face of the instrument, it shall be signed separately from the instrument, and such execution shall constitute a certification of the truth of the statement by the person signing. A particular form is not required for the statement so long as the requirements of this section are reasonably met.

�� (5) An instrument conveying or contracting to convey fee title to any real estate or a memorandum of the instrument may not be accepted for recording by any county clerk or recording officer in this state unless the statement of consideration required by this section is included on the face of the instrument.

�� (6) A transfer of death deed and an instrument revoking a transfer of death deed are not instruments subject to this section. [1967 c.462 ��1,3; 1967 s.s. c.7 �1; 1977 c.605 �1; 1999 c.654 �7; 2011 c.212 �23]

�� 93.040 Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property; liability of drafter and recorder. (1) The following statement shall be included in the body of an instrument transferring or contracting to transfer fee title to real property except for owner�s sale agreements or earnest money receipts, or both, as provided in subsection (2) of this section: �BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON�S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.�

�� (2) In all owner�s sale agreements and earnest money receipts, there shall be included in the body of the instrument the following statement: �THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON�S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)