Fire Protection of Forests and Vegetation

ORS 477.365
Duties and powers of wardens


(1)

Under instructions from the forester as to their exercise of state authority, all wardens shall:

(a)

Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions.

(b)

Control the use of fire for clearing land during fire season, as provided by ORS 477.505 (State Forester may declare fire season in district) to 477.520 (Refusal, suspension or revocation of permits).

(c)

Make such reports of their work and conditions within their localities as may be requested by the forester.

(d)

Have the power of peace officers to make arrests or issue citations pursuant to ORS 477.985 (Enforcement procedure) for violation of this chapter or rules or orders adopted pursuant thereto.

(e)

Enter upon the lands of any owner only in the discharge of their fire prevention and suppression duties, provided that in so entering they exercise due care to avoid doing damage.

(f)

Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgment of the warden.

(g)

Make a written determination, on a form prescribed by the State Forester, of the personnel and equipment reasonably available to an owner or operator who is required to make every reasonable effort pursuant to ORS 477.120 (Liability of owner or operator) (5) and revise such determination as frequently as is necessary in the judgment of the warden.

(h)

Make a written determination, on a form prescribed by the State Forester, of the use of any power-driven machinery in any operation pursuant to ORS 477.670 (When use of fire or power-driven machinery prohibited) and revise such determination as frequently as is necessary in the judgment of the warden.

(2)

The forester, or any warden coming under the jurisdiction of the forester, may administer oaths in investigations of violations of this chapter and the preparation of reports thereon. [Formerly 477.012; 1971 c.743 §388; 1993 c.697 §4; 1997 c.274 §9; 2003 c.14 §316]

Source

Last accessed
Jun. 26, 2021