ORS 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 468A.570 (Classification of atmospheric conditions) and 468A.595 (Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620). 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 (Policy to reduce open field burning) to 468A.620 (Experimental field sanitization) and 468A.992 (Civil penalties for open field burning violations), 476.990 (Penalties), 478.960 (Burning of certain materials permitted only with permission of fire chief) and 478.990 (Penalties) 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]

Source: Section 476.380 — Fire permits; limitations upon burning; records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors476.­html.

Attorney General Opinions

Regulatory power of Department of Environmental Quality, (1972) Vol 35, p 1100

Law Review Citations

5 EL 339-353 (1975); 19 WLR 781 (1983)

476.005
Definitions
476.010
Additional definitions
476.020
State Fire Marshal
476.030
Powers and duties of marshal and deputies generally
476.033
Discretionary powers of State Fire Marshal
476.035
Adjustments and variances in application of statutes and regulations
476.040
Deputies and assistants
476.050
Payment of salaries and expenses
476.055
State Fire Marshal Fund
476.060
Local officers and constables as assistants to State Fire Marshal
476.070
Entering buildings and premises
476.090
Records of fires
476.110
State police to enforce fire laws
476.113
Designation of regions
476.115
Functions of regional appeal advisory boards
476.120
Minimum standards for protection of life and property
476.130
Statistical reports
476.132
Wildfire readiness and response capacity
476.150
Entry and inspection of premises
476.155
When judges authorized to issue inspection warrants
476.160
Circumstances under which warrant may be issued
476.165
Establishing cause to issue warrant
476.170
Execution of warrant
476.175
Contents of citation or order
476.210
Investigation of fires by municipal officers and constables
476.220
Report by officer investigating fire
476.230
Taking statements of persons knowing facts
476.240
Supplying information to and requesting action by district attorney
476.250
District attorney summoning witnesses and requiring production of documents
476.260
District attorney assisting investigation of fires
476.270
Insurance company reports of suspicious fires
476.280
Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas
476.290
Billing owner of property for cost of extinguishing fire
476.310
Zoning and rezoning of certain lands
476.320
Determination of form of fire protection for lands in zone 1
476.330
Prevention and control of fires in zone 2
476.340
Establishment of rural fire protection districts in zone 2
476.380
Fire permits
476.390
Definition
476.392
Minimum defensible space requirements
476.394
Limitations on use of minimum defensible space requirements
476.396
Community Risk Reduction Fund
476.398
Biannual reports
476.410
Standard thread hose couplings and hydrant fittings required
476.420
Standardization of existing fire protection equipment
476.430
Changing private equipment
476.440
Sale of nonstandard equipment prohibited
476.510
Short title
476.515
Other officers authorized to act when Governor unavailable
476.520
Governor authorized to assign fire-fighting forces and equipment
476.530
Chief executive of political subdivision to assign forces and equipment
476.540
Powers and duties of fire-fighting forces
476.550
Loss or damage to equipment
476.560
Reimbursement for aid
476.570
Appointment of substitute firefighters
476.574
Leave of absence for volunteers
476.576
Violation of job restoration rights of volunteers as unlawful employment practice
476.580
Orders, rules and regulations
476.590
Preparation of plans by State Fire Marshal
476.600
Liability for injury to person or property
476.610
Payment of claims
476.680
Governor’s Fire Service Policy Council
476.685
Biennial reports
476.687
State Wildfire Programs Director
476.690
Wildfire Programs Advisory Council
476.694
Oregon Conservation Corps Program
476.696
Oregon Conservation Corps Advisory Committee
476.698
Oregon Conservation Corps Fund
476.710
Setting fires adjacent to structures or timber on ocean shore prohibited
476.715
Throwing away of lighted matches, cigarettes and other materials prohibited
476.720
Certain remedial statutes to be construed liberally
476.725
Statewide standards for residential carbon monoxide alarms
476.730
Notice prior to release or after escape of arsonist from state institution
476.735
Sky lantern prohibition
476.755
Definitions for ORS 476.755 to 476.790 and 476.995
476.760
Prohibition against distributing or offering certain cigarettes
476.765
Imposition of civil penalties
476.770
Determination of cigarette variety ignition propensity
476.775
Laboratories
476.780
Cigarette variety certification by manufacturer
476.785
Cigarette packaging markings
476.790
Providing copies of cigarette certification and illustration of packaging markings
476.795
Interpretation of ORS 476.755 to 476.790 and 476.995
476.801
Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995
476.806
Cigarette Fire Safety Fund
476.831
Definitions for ORS 476.831 to 476.856
476.836
Identification of novelty lighters
476.841
Prohibition against sale or distribution of novelty lighters
476.846
Compliance inspections
476.851
Agreements with State Fire Marshal representatives
476.856
Attorney General actions to enforce ORS 476.841 and 476.846
476.900
Application by certain cities and rural fire protection districts to borrow money from loan fund
476.905
Approval of application by State Fire Marshal
476.910
Loan agreement
476.915
Source of revenue to repay loan
476.920
Rules
476.925
Fire Protection Equipment Loan Fund
476.990
Penalties
476.995
Penalty for violation of ORS 476.760
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