ORS 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 476.280 (Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas), 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]
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 476.290 (Billing owner of property for cost of extinguishing fire) by section 130, 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.
476.290 (Billing owner of property for cost of extinguishing fire). Whenever a fire is extinguished pursuant to ORS 476.280 (Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas), 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 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.

Source: Section 476.290 — Billing owner of property for cost of extinguishing fire; cost limited; collection; action for recovery of cost, https://www.­oregonlegislature.­gov/bills_laws/ors/ors476.­html.

Attorney General Opinions

Lack of authority to recover costs for suppression of fire on public lands, (1971) Vol 35, p 904

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
Green check means up to date. Up to date

Current through early 2024

§ 476.290’s source at oregon​.gov