ORS Chapter 478

Chapter 478 — RuralFire Protection Districts

2009 EDITION

RURALFIRE PROTECTION DISTRICTS

PROTECTIONFROM FIRE

GENERALPROVISIONS

478.001 Definitions

478.002 Statusof districts existing in 1957

478.004 Newdistrict succeeds to and replaces abolished district

FORMATION

478.010 Formation;territories that may not be included in districts

478.050 Qualificationsfor directors

478.090 Effectof 1939 Act on districts then existing

478.100 Immaterialdefects in organization not to invalidate district organization

478.115 Countygoverning body to determine territory of district

478.120 Inclusionof forestland in district

478.130 Certainstructures subject to fire damage to be added to tax rolls

478.140 Procedurefor adding land to district by consent of owner

478.150 Conferencewith State Forestry Department required prior to formation of district orannexation of territory

478.155 Formationof district with tax zones; contents of formation petition and order creatingdistrict; determination of tax levy in each zone; boundary changes

478.160 Filingof boundary or zone change with county assessor and Department of Revenue

POWERSAND DUTIES

478.210 Directors;organization; term; oath

478.215 Positionnumbers for director election

478.221 Nominationand election of directors

478.225 Electionsubdistricts; petition for formation; election

478.228 Boundariesof subdistricts

478.231 Electionlaws applicable

478.234 Subdistrictsfor nomination or election of directors

478.240 Specialelections; electors

478.250 Meetingsand officers of board

478.260 Firechief and assistants; headquarters; acquisition of site; fire and first-aidapparatus and equipment; emergency medical and ambulance services

478.270 Reportsof directors; State Fire Marshal to cooperate and furnish blank forms

478.280 Employmentof assistants

478.290 Additionalauthority of districts within 10 mile radius of city of 100,000 or more

478.300 Contractingwith others to provide facilities and services for fire protection or roadlighting; authority over open burning and fire permits; rules

478.305 Contractingwith others for mutual communication system; contracts in other states

478.308 Contractingwith others for regional oil and hazardous material emergency response team

478.310 Responseto fire or public safety incident outside its own territory by district ormunicipality; liability for costs

478.315 Responseto fire or public safety incident in Columbia River Gorge National Scenic Area;payment of costs

BENEFITSFOR DISTRICT EMPLOYEES

478.325 Districtmay levy taxes for purposes of ORS 478.335 to 478.370

478.335 Contractsfor medical and hospital services or insurance

478.340 Paymentof premiums or charges on contracts; employee contributions; multiple contracts

478.355 Establishmentof employee retirement system; provisions of plan

478.360 Fundto provide retirement benefits

478.365 Employeecontributions to retirement fund

478.370 Retirementbenefits not to be funded for individual not employee of district when membershipin system created

BENEFITSFOR DISTRICT VOLUNTEERS

478.390 Investmentsauthorized to fund length of service awards for volunteer firefighters

REVENUESAND FINANCES

(Generally)

478.410 Powerof district to levy taxes, borrow money, sell bonds and create fees

478.420 Saleof bonds

478.430 Advalorem tax

478.440 Gifts;sinking fund

478.450 Taxfor road lighting; method

478.460 Depositand disbursement of funds

478.470 Intereston unpaid warrants; limitation on amount of warrants

(TaxZones)

478.480 Formationof tax zones; basis for zones; public hearing

478.485 Noticeof public hearing

478.490 Electionon question of dividing district into tax zones; order creating zones; effect

478.495 Limitationon changes in tax zone boundaries

478.500 Determinationof tax levy in each tax zone

478.505 Petitionfor tax zones by district electors; number of signatures required; public hearing

(MulticountyDistricts)

478.560 Depositand disbursement of funds of districts located in two or more counties

WITHDRAWALOF TERRITORY

478.665 Withdrawalof territory from district; inclusion in forest protection district; assessment

FIRESAFETY SYSTEMS

478.840 Definitionsfor ORS 478.845 to 478.875

478.845 Revenuebonds authorized for fire safety systems

478.850 Sourcesof bond payment restricted

478.855 Loanfund created from bond proceeds; other sources for fund

478.860 Standardsfor eligibility for loans for fire safety systems

478.865 Loancontract; repayment plan; terms and conditions

478.870 Powersgranted to enforce loan contracts and secure payment of bonds; reserve fund

478.875 Remediesfor breach of loan contract

478.880 Legislativefindings

478.885 Paymentor repayment for cost of fire safety system installation in multifamily housing

FIREPREVENTION CODE; FIRE PERMITS

478.910 Adoptionof fire prevention code

478.920 Scopeof fire prevention code

478.924 Approvalof code by city or county required

478.927 Buildingpermit review for fire prevention code

478.930 Violationof code; failure to remove hazards; burning waste without permit prohibited

478.940 Copiesof code to be filed with State Fire Marshal and posted at fire stations

478.960 Burningof certain materials permitted only with permission of fire chief; damage orinjury; burning schedules and restrictions

478.965 Recoveryby district of costs of suppressing unlawful fire; attorney fees

DISTRICTIDENTIFICATION NAMES

478.970 Purposeof district identification names

478.972 Applicationby district to State Fire Marshal for identification name

478.980 Identificationname for district formed by consolidation or merger of districts

478.982 Reuseof names of dissolved districts

PENALTIES

478.990 Penalties

GENERALPROVISIONS

478.001Definitions.(1) As used in this chapter, unless the context requires otherwise:

(a)“Board of directors” or “district board” means the governing body of adistrict.

(b)“County” means the county in which the district, or the greater portion of thetaxable assessed value of the district, is located.

(c)“County board” means the county court or board of county commissioners of thecounty.

(d)“District” means a rural fire protection district proposed to be organized ororganized under, or subject to, this chapter.

(e)“Owner” or “landowner” means a legal owner of real property or the vendee of acontract 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 leaseor sale, including wholesale and retail, of goods or services, including butnot limited to housing, and means any waste produced by a governmental,educational or charitable institution; however, it does not include any wasteproduced in a dwelling containing four living units or less.

(b)“Demolition material” means any waste resulting from the complete or partialdestruction of any man-made structure such as a house, apartment, commercialbuilding or in