ORS 476.380¹
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),

Atty. Gen. 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)

1 Legislative Counsel Committee, CHAPTER 476—State Fire Marshal; Protection From Fire Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors476.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 476, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano476.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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