ORS 478.960
Burning of certain materials permitted only with permission of fire chief

  • damage or injury
  • burning schedules and restrictions

(1)

No one, within the boundaries of a district, shall cause or permit to be initiated or maintained on one’s own property, or cause to be initiated or maintained on the property of another, any open burning of commercial waste, demolition material, domestic waste, industrial waste, land clearing debris or field burning without first securing permission from the fire chief of the district and complying with the direction of the fire chief. A deputy of a fire chief has the power to perform any act or duty of the fire chief under this section.

(2)

The fire chief shall prescribe conditions upon which permission is granted and which are necessary to be observed in setting the fire and preventing it from spreading and endangering life or property or endangering the air resources of this state. The Environmental Quality Commission shall notify the State Fire Marshal of the type of and time for burning to be allowed on each day under schedules adopted pursuant to ORS 468A.570 (Classification of atmospheric conditions) and ORS 468A.595 (Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620). The State Fire Marshal shall cause all fire chiefs and their deputies in the affected area to be notified of the type and time for burning to be allowed on each day with updating messages each day as required. A fire chief or deputy shall grant permission only in accordance with the schedule of the Environmental Quality Commission but may reduce hours to be allowed for burning if necessary to prevent danger to life or property from fire. The State Fire Marshal may refuse, revoke or postpone permission when necessary in the judgment of the State Fire Marshal to prevent danger to life or property from fire, notwithstanding any determination by the fire chief.

(3)

Nothing in this section relieves a person starting a fire from responsibility for providing adequate protection to prevent injury or damage to the person or property of another. If such burning results in the escape of fire and injury or damage to the person or property of another, such escape and damage or injury constitutes prima facie evidence that the burning was not safe.

(4)

Within a district, no person shall, during the fire season declared under ORS 477.505 (State Forester may declare fire season in district), operate any equipment in forest harvesting or agricultural operations powered by an internal combustion engine on or within one-eighth of one mile of forestland unless each piece of equipment is provided with a fire extinguisher of sufficient size and capacity and with such other tools and fire-fighting equipment as may be reasonably required by the fire chief of the district. The provisions of this subsection do not apply to machinery regulated by ORS chapter 477.

(5)

No person shall dispose of any building or building wreckage within a district by fire without having first secured permission therefor from the fire chief. No person shall refuse to comply with any reasonable requirements of the fire chief as to the safeguarding of such fire from spreading.

(6)

This section is not intended to limit the authority of a district to adopt a fire prevention code as provided in ORS 478.910 (Adoption of fire prevention code) to 478.940 (Filing and posting of fire prevention code) or to issue permits when the burning is done by mechanical burners fired by liquefied petroleum gas.

(7)

The fire chief shall maintain records of all permits and the conditions thereof, if any, that are issued for field burning under this section and shall submit at such times, as the Environmental Quality Commission shall require such records or summaries thereof to the commission. The Environmental Quality Commission shall provide forms for the reports required under this subsection.

(8)

Notwithstanding any other provision of this section:

(a)

A permit is required for field burning authorized pursuant to ORS 468A.550 (Definitions for ORS 468A.550 to 468A.620 and 468A.992) to 468A.620 (Experimental field sanitization) and 468A.992 (Civil penalties for open field burning violations).

(b)

For a permit for the propane flaming of mint stubble, the fire chief may only prescribe conditions necessary to prevent the spread of fire or to prevent endangering life or property and may refuse, revoke or postpone permission to conduct the propane flaming only when necessary to prevent danger to life or property from fire. [1955 c.469 §§1,2; 1959 c.363 §16; 1967 c.420 §1; 1967 c.438 §1; 1969 c.613 §3; 1969 c.667 §57; 1971 c.563 §9; 1973 c.832 §7b; 1975 c.635 §4; 1979 c.321 §1; 1989 c.615 §2; 1991 c.920 §22; 1997 c.274 §40; 1997 c.473 §6; 2009 c.790 §2]

Source: Section 478.960 — Burning of certain materials permitted only with permission of fire chief; damage or injury; burning schedules and restrictions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors478.­html.

Attorney General Opinions

Regulatory power of Department of Environmental Quality, (1972) Vol 35, p 1100

Law Review Citations

5 EL 339-353 (1975); 19 WLR 781 (1983)

478.001
Definitions
478.002
Status of districts existing in 1957
478.004
New district succeeds to and replaces abolished district
478.010
Formation
478.050
Qualifications for directors
478.090
Effect of 1939 Act on districts then existing
478.100
Immaterial defects in organization not to invalidate district organization
478.115
County governing body to determine territory of district
478.120
Inclusion of forestland in district
478.130
Certain structures subject to fire damage to be added to tax rolls
478.140
Procedure for adding land to district by consent of owner
478.150
Conference with State Forestry Department required prior to formation of district or annexation of territory
478.155
Formation of district with tax zones
478.160
Filing of boundary or zone change with county assessor and Department of Revenue
478.210
Directors
478.215
Position numbers for director election
478.221
Nomination and election of directors
478.225
Election subdistricts
478.228
Boundaries of subdistricts
478.231
Election laws applicable
478.234
Subdistricts for nomination or election of directors
478.240
Special elections
478.250
Meetings and officers of board
478.260
Fire chief
478.270
Reports of directors
478.280
Employment of assistants
478.290
Additional authority of districts within 10-mile radius of city of 100,000 or more
478.300
Contracting with others to provide facilities and services for fire protection or road lighting
478.305
Contracting with others for mutual communication system
478.308
Contracting with others for regional oil and hazardous material emergency response team
478.310
Response to fire or public safety incident outside its own territory by district or municipality
478.315
Response to fire or public safety incident in Columbia River Gorge National Scenic Area
478.325
District may levy taxes for purposes of ORS 478.335 to 478.370
478.335
Contracts for medical and hospital services or insurance
478.340
Payment of premiums or charges on contracts
478.355
Establishment of employee retirement system
478.360
Fund to provide retirement benefits
478.365
Employee contributions to retirement fund
478.370
Retirement benefits not to be funded for individual not employee of district when membership in system created
478.390
Investments authorized to fund length of service awards for volunteer firefighters
478.410
Power of district to levy taxes, borrow money, sell bonds and create fees
478.420
Sale of bonds
478.430
Ad valorem tax
478.440
Gifts
478.450
Tax for road lighting
478.460
Deposit and disbursement of funds
478.470
Interest on unpaid warrants
478.480
Formation of tax zones
478.485
Notice of public hearing
478.490
Election on question of dividing district into tax zones
478.495
Limitation on changes in tax zone boundaries
478.500
Determination of tax levy in each tax zone
478.505
Petition for tax zones by district electors
478.560
Deposit and disbursement of funds of districts located in two or more counties
478.665
Withdrawal of territory from district
478.840
Definitions for ORS 478.845 to 478.875
478.845
Revenue bonds authorized for fire safety systems
478.850
Sources of bond payment restricted
478.855
Loan fund created from bond proceeds
478.860
Standards for eligibility for loans for fire safety systems
478.865
Loan contract
478.870
Powers granted to enforce loan contracts and secure payment of bonds
478.875
Remedies for breach of loan contract
478.880
Legislative findings
478.885
Payment or repayment for cost of fire safety system installation in multifamily housing
478.910
Adoption of fire prevention code
478.920
Scope of fire prevention code
478.924
Approval of code by city or county required
478.927
Building permit review for fire prevention code
478.930
Violation of code
478.940
Filing and posting of fire prevention code
478.960
Burning of certain materials permitted only with permission of fire chief
478.965
Recovery by district of costs of suppressing unlawful fire
478.970
Purpose of district identification names
478.972
Application by district to State Fire Marshal for identification name
478.980
Identification name for district formed by consolidation or merger of districts
478.982
Reuse of names of dissolved districts
478.990
Penalties
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