ORS 476.392
Minimum defensible space requirements
- rules
(1)
The State Fire Marshal shall establish minimum defensible space requirements for wildfire risk reduction on lands in areas identified on the statewide map of wildfire risk described in ORS 477.490 (Statewide map of wildfire risk) as within the wildland-urban interface.(2)
The State Fire Marshal:(a)
Shall consult with the Oregon Fire Code Advisory Board to establish the requirements.(b)
Shall establish requirements that are consistent with and do not exceed the standards pertaining only to defensible space that are set forth in the International Wildland-Urban Interface Code published by the International Code Council, including the standards pertaining only to defensible space that are set forth in sections 603 and 604 of the code.(c)
May consider best practices specific to Oregon in order to establish the requirements.(d)
Shall periodically reexamine the standards set forth in the International Wildland-Urban Interface Code and update the requirements to reflect current best practices, in consultation with the Oregon Fire Code Advisory Board.(e)
Shall enforce the requirements that are applicable to lands within the jurisdiction of a local government.(f)
Shall adopt rules governing administration of the requirements.(g)
May develop and apply a graduated fee structure for use in assessing penalties on property owners for noncompliance with the requirements.(h)
Shall consult on implementation of the requirements.(i)
May adopt rules concerning reports by local governments described in subsection (4)(a) of this section.(3)
Subject to additional local requirements, the requirements shall apply statewide for all lands in the wildland-urban interface that are designated as extreme or high risk, as identified on the map.(4)
Notwithstanding subsection (2) of this section, a local government may:(a)
Administer, consult on and enforce the requirements established by the State Fire Marshal, within the jurisdiction of the local government. A local government that administers or enforces the requirements established by the State Fire Marshal shall periodically report to the State Fire Marshal regarding compliance with the requirements, including the extent of compliance for each property within the jurisdiction of the local government, any change in the degree of compliance since the last report and any other information required by the State Fire Marshal by rule.(b)
Adopt and enforce local requirements for defensible space that are greater than the requirements established by the State Fire Marshal. Any local requirements that a local government adopts for defensible space must be defensible space standards selected from the framework set forth in the International Wildland-Urban Interface Code or other best practices specific to Oregon.(c)
Designate local fire districts, fire departments or fire agencies to enforce the requirements established by the State Fire Marshal or the local government pursuant to paragraph (b) of this subsection. A local government that designates enforcement must comply with the reporting requirements in paragraph (a) of this subsection.(5)
The State Fire Marshal shall administer a community risk reduction program that emphasizes education and methods of prevention with respect to wildfire risk, enforcement of defensible space requirements, response planning and community preparedness for wildfires.(6)
The State Fire Marshal may provide financial, administrative, technical or other assistance to a local government to facilitate the administration and enforcement of requirements within the jurisdiction of the local government. A local government shall expend financial assistance provided by the State Fire Marshal under this subsection to give priority to the creation of defensible space:(a)
On lands owned by members of socially and economically vulnerable communities, persons with limited proficiency in English and persons of lower income as defined in ORS 456.055 (Definitions for ORS 456.055 to 456.235).(b)
For critical or emergency infrastructure.(c)
For schools, hospitals and facilities that serve seniors. [2021 c.592 §8a]
Source:
Section 476.392 — Minimum defensible space requirements; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors476.html.
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