ORS 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 (Local officers and constables as assistants to State Fire Marshal) 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]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021 (second note under 476.020 (State Fire Marshal)).
Note: The amendments to 476.210 (Investigation of fires by municipal officers and constables) by section 127, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
476.210 (Investigation of fires by municipal officers and constables). (1) The municipal fire marshals, fire department chiefs, constables and other officers referred to in ORS 476.060 (Local officers and constables as assistants to State Fire Marshal) 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 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.

Source: Section 476.210 — Investigation of fires by municipal officers and constables; reports; exemption, https://www.­oregonlegislature.­gov/bills_laws/ors/ors476.­html.

Notes of Decisions

It was not necessary for the fire chief to obtain a warrant or express permission in order to make an inspection under this section. State v. Felger, 19 Or App 39, 526 P2d 611 (1974)

Attorney General Opinions

Authority to investigate fires that occur in a governmental subdivision, (1975) Vol 37, p 931

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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