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]
Note: See note under 476.390 (Definition).
Note: Section 8c, chapter 592, Oregon Laws 2021, provides:
Sec. 8c. The State Fire Marshal shall establish minimum defensible space requirements for wildfire risk reduction on lands in areas identified on the map described in section 7 of this 2021 Act [477.490 (Statewide map of wildfire risk)] on or before December 31, 2022. [2021 c.592 §8c]

Source: Section 476.392 — Minimum defensible space requirements; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors476.­html.

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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