71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1993
 
                         House Bill 2720
 
Sponsored by Representative KROPF (at the request of Oregon Fire
  Chiefs Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Specifies that area lacking structural fire protection is
unprotected area for purposes of statute allowing fire protection
district to provide emergency fire suppression service to
unprotected area.
  Specifies that district or territory lacking structural fire
protection is unprotected or inadequately protected district or
territory for purposes of statute allowing fire protection
district or city to provide emergency fire suppression or public
safety service to unprotected or inadequately protected district
or territory.
 
                        A BILL FOR AN ACT
Relating to provision of emergency services; amending ORS 476.280
  and 478.310.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 476.280 is amended to read:
  476.280.  { + (1) As used in this section, 'unprotected area '
includes, but is not limited to, an area lacking structural fire
protection. + }
    { - (1) - }  { +  (2) + } The fire chief, or the
representative of the fire chief, of any duly organized municipal
or rural fire protection district may extinguish any uncontrolled
fire found to be burning in any unprotected area, if:
  (a) The governing body of the city or the district board of the
rural fire protection district, as the case may be, has
authorized the fire chief and the representatives of the fire
chief to extinguish uncontrolled fires that are found to be
burning in unprotected areas situated outside of the boundaries
of the city or district and that are causing or may cause an
undue jeopardy to life or property; and
  (b) The fire chief or the representative of the fire chief
believes that such fire is causing or may cause undue jeopardy to
life or property.
    { - (2) - }  { +  (3) + } In extinguishing a fire pursuant to
subsection
  { - (1) - }  { +  (2) + } of this section, the fire chief and
the representatives of the fire chief may employ the same means
and resources used by them to extinguish similar fires within
their jurisdiction.
  SECTION 2. ORS 478.310 is amended to read:
  478.310.  { + (1) As used in this section:
  (a) '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.
  (b) 'Unprotected or inadequately protected district or
territory' includes, but is not limited to, a district or
territory lacking structural fire protection. + }
    { - (1) - }  { +  (2) + } 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) - }  { +  (3) + } 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.
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