72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2821
A-Engrossed
House Bill 3206
Ordered by the House April 21
Including House Amendments dated April 21
Sponsored by Representative KITTS
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.
Directs State Fire Marshal to adopt statewide urban confined
space and structural collapse emergency response plan. Directs
Director of Office of Emergency Management in consultation with
State Fire Marshal to appoint Urban Search and Rescue
Coordinator. Specifies duties of coordinator. Directs State Fire
Marshal and Director of Office of Emergency Management to
establish state program for urban confined space and structural
collapse emergency operations. Authorizes chiefs of police
{ + or county sheriff + } to restrict access to urban search and
rescue area. Limits liability of { - persons - } { + local
government for actions of agent or employee + } conducting urban
search and rescue operations.
A BILL FOR AN ACT
Relating to urban search and rescue.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Director of the Office of Emergency
Management, in consultation with the State Fire Marshal, shall
appoint an Urban Search and Rescue Coordinator to:
(1) Coordinate the functions of the State Fire Marshal in
response to urban confined space and structural collapse
emergencies;
(2) Coordinate the activities of state and local agencies
involved in urban confined space and structural collapse
emergencies;
(3) Establish liaison with the Oregon Fire Chiefs' Association
and other public and private organizations and agencies involved
in urban confined space and structural collapse emergencies;
(4) Coordinate and process requests for the use of emergency
service workers and equipment in urban confined space and
structural collapse emergency operations;
(5) Assist in developing training and education programs for
agencies and personnel involved in urban confined space and
structural collapse emergencies;
(6) Gather statistics on urban confined space and structural
collapse emergencies; and
(7) Gather and disseminate resource information regarding
personnel, equipment and materials available for urban confined
space and structural collapse emergencies. + }
SECTION 2. { + The Director of the Office of Emergency
Management and the State Fire Marshal shall establish and
maintain an urban confined space and structural collapse
emergency response program for the search and rescue of victims
and to provide support in other emergency situations. The program
may include but is not limited to:
(1) Establishing regional search and rescue teams and providing
appropriate training for these teams;
(2) Developing an urban confined space and structural collapse
emergency response mutual aid agreement for participating
agencies;
(3) Entering into agreements with private persons or agencies,
volunteer organizations and federal, state and local agencies for
urban confined space and structural collapse emergency services
and other emergency activities; and
(4) Other related activities as may be determined necessary and
appropriate by the director and the State Fire Marshal. + }
SECTION 3. { + The chief of police for a city, county sheriff
or duly assigned military or state police personnel may restrict
access to a specific urban search and rescue area. No
unauthorized person shall enter into a restricted area or
interfere with the urban search and rescue operation. The chief
of police, sheriff or other authorized personnel shall provide
for reasonable access to the search and rescue area by members of
the media in the performance of newsgathering and reporting.
Access shall be restricted for a reasonable period of time
necessary to accomplish the search and rescue. + }
SECTION 4. { + (1) The State Fire Marshal shall adopt an urban
confined space and structural collapse emergency response plan
for the state. The plan shall set forth urban confined space and
structural collapse emergency search and rescue policies for the
state and describe procedures for implementing those policies.
The plan shall list and describe materials, equipment and
personnel available within the state for urban confined space and
structural collapse emergencies. The plan shall also include:
(a) A detailed description of activities and circumstances that
constitute an urban confined space and structural collapse
emergency;
(b) Procedures for contacting and requesting assistance from
fire departments throughout the state;
(c) Procedures for contacting and requesting available
assistance from other agencies and groups; and
(d) Minimum standards for individuals whose technical or
professional skills may be required for an urban confined space
and structural collapse emergency operation.
(2) The State Fire Marshal shall review and, if necessary or
desirable, revise the urban confined space and structural
collapse emergency response plan annually.
(3) The Office of Emergency Management and the State Fire
Marshal shall annually publish and distribute to the chief of
police for each city and the sheriff and emergency manager of
each county an urban confined space and structural collapse
emergency response resource inventory, which shall include
materials, equipment and personnel available from counties,
agencies and the State of Oregon for use in urban search and
rescue operations. + }
SECTION 5. { + After an urban confined space and structural
collapse emergency that, in the opinion of the incident
commander, is other than routine or upon request for a critique
from an individual directly involved in the incident, the
incident commander shall conduct a critique of the incident. As
part of the critique, the incident commander shall develop an
urban incident report and may receive testimony and information
from persons involved in the incident. When a critique of an
urban confined space and structural collapse emergency operation
is conducted under this section, the incident commander shall
prepare findings of fact concerning operations during the
emergency and may prepare recommendations for the conduct of
future emergency operations or propose amendments to the urban
confined space and structural collapse emergency response plan
adopted under section 4 of this 2003 Act under which the
operations were conducted. If amendments to the plan are
proposed, the incident commander shall file the proposed
amendments with the State Fire Marshal. + }
SECTION 6. { + A local government, as defined in ORS 174.116,
may not incur any liability for the actions of an agent or
employee of the local government acting pursuant to sections 1 to
5 of this 2003 Act except when such liability arises from the
willful misconduct or gross negligence of the agent or
employee. + }
----------