Rural Fire Protection Districts

ORS 478.310
Response to fire or public safety incident outside its own territory by district or municipality

  • liability for costs

(1)

When a fire or public safety incident occurs outside the limits of a district or of a city and help is asked of the district or city, the fire-fighting or public safety apparatus and force of the district or city may, with or without a contract to do so, be used for extinguishing the fire or responding to the public safety incident in the other unprotected or inadequately protected district or territory. However, the district or city so responding shall be paid the contract or reasonable value for use, including repairs and depreciation, of the apparatus and equipment so used and other expenses reasonably incurred in furnishing the fire-fighting or public safety service.

(2)

When a district or city responds to a call for assistance arising from an incident involving an airplane crash or an occurrence on a transportation route within the city or district, the district or city may recover from the person or property receiving the direct fire or safety services as a result of the incident any cost incurred for the following:

(a)

The contract or reasonable value of the use, including repairs and depreciation, of the apparatus and equipment used in accordance with a state standardized-costs schedule issued by the State Fire Marshal; and

(b)

Other expenses or costs reasonably incurred in furnishing the assistance, as adopted by the service provider.

(3)

As used in this section, “transportation route” means a roadway, waterway or railroad right of way against which no taxes or assessments for fire protection are levied by the district or city.

(4)

The provisions of this section do not apply to fire incidents involving only forest resources that occur on lands protected under ORS chapter 477. [Amended by 1969 c.667 §23; 1983 c.572 §1; 1987 c.834 §2; 1997 c.274 §38]
Chapter 478

Atty. Gen. Opinions

Propriety of office holding of a land owning nonresident elected director of a rural fire protection district, (1975) Vol 37, p 873

Law Review Citations

51 OLR 53 (1971)

Source

Last accessed
Jun. 26, 2021

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