69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
Senate Bill 360
Sponsored by COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES (at
the request of the Oregon Department of Forestry and the Oregon
Office of the State Fire Marshal)
CHAPTER ................
AN ACT
Relating to protection of land from fire.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 18 of this Act are added to and
made a part of ORS chapter 477. + } { + + }
SECTION 2. { + This 1997 Act shall be known as the Oregon
Forestland-Urban Interface Fire Protection Act of 1997. + }
SECTION 3. { + As used in sections 2 to 18 of this 1997 Act,
unless the context otherwise requires, 'forestland-urban
interface' means a geographic area of forestland inside a forest
protection district where there exists a concentration of
structures in an urban or suburban setting. + }
SECTION 4. { + The Legislative Assembly finds that:
(1) The forestland-urban interface situation in Oregon is a
result of both past and present conditions and that, given
projected trends, the forestland-urban interface situation will
continue to grow.
(2) Urban and suburban structures, real property and other
natural resources within a forestland-urban interface are subject
to increased risks of catastrophic damage by fire events.
(3) There is greater complexity in forestland-urban interface
fire protection than in either resource land fire protection or
urban structural fire protection.
(4) In dealing with the forestland-urban interface situation,
major and long term solutions will involve local actions and
efforts by property owners.
(5) One solution or set of solutions will not fit all
situations or areas of the state. + }
SECTION 5. { + The Legislative Assembly declares that:
(1) In order to ensure the protection of human life, the safety
of citizens and fire service personnel and the highest possible
level of livability in Oregon, it is necessary to provide a
complete and coordinated fire protection system within the
forestland-urban interface in Oregon.
(2) All forestland-urban interface property owners have a basic
responsibility to share in this complete and coordinated
protection system by providing efforts against fire.
(3) Public and property owner education and awareness is
critical to forestland-urban interface solutions and must occur
at multiple levels.
Enrolled Senate Bill 360 (SB 360-A) Page 1
(4) In administration of sections 2 to 18 of this 1997 Act, it
is the intent of the Legislative Assembly that property owners
who will be affected by sections 2 to 18 of this 1997 Act will
be:
(a) Involved in the processes of development of administrative
rules pursuant to sections 2 to 18 of this 1997 Act; and
(b) Notified of the outcomes of classification pursuant to
sections 8 to 16 of this 1997 Act. + }
SECTION 6. { + (1) The forestland-urban interface in Oregon
represents a unique fire protection situation that requires that
unique and special measures be taken to ensure adequate public
safety and protection of property, development and natural
resources. Therefore, it is declared to be the public policy of
the State of Oregon to encourage and provide a complete and
coordinated forestland-urban interface fire protection system.
(2)(a) It is recognized that forestland-urban interface areas
are already subject to other laws and to regulations of other
agencies. It is the intent of sections 2 to 18 of this 1997 Act
to integrate with and not replace those other laws and
regulations.
(b) In the event of an apparent conflict between the
obligations imposed by sections 2 to 18 of this 1997 Act and by
other laws or regulations for which the forester is responsible
and has jurisdiction, the forester shall resolve the conflict
within the scope of the forester's authority.
(c) In the event of an apparent conflict, the obligations
imposed by sections 2 to 18 of this 1997 Act shall not supersede
or replace federal law or regulation, other state agency law or
regulations, or more restrictive local government ordinance or
code.
(d) Compliance with the obligations imposed by sections 2 to 18
of this 1997 Act does not relieve the property owner of the
requirements of other laws or regulations that might apply to the
property in question.
(3) To encourage development of a complete and coordinated
forestland-urban interface fire protection system, it is declared
to be in the public interest that the State Board of Forestry and
the State Forester take a lead role in statewide coordination of
the forestland-urban interface situation with other state and
federal agencies, local governments and private sector interests
that are concerned with fire protection in the forestland-urban
interface. + }
SECTION 7. { + The purpose of sections 2 to 18 of this 1997
Act is to:
(1) Provide a forestland-urban interface fire protection system
in Oregon that minimizes cost and risk while maximizing
effectiveness and efficiency for protection of the values at risk
from fire.
(2) Promote and encourage property owner efforts to minimize
and mitigate fire hazards and risks within the forestland-urban
interface.
(3) Promote and encourage the involvement and interaction of
all levels of government and the private sector that have a
direct or indirect interest and role in the forestland-urban
interface situation over the long term. + }
SECTION 8. { + As used in sections 8 to 16 of this 1997 Act,
unless the context requires otherwise:
(1) 'Committee' means a county forestland-urban interface
classification committee.
Enrolled Senate Bill 360 (SB 360-A) Page 2
(2) 'Governing body' means the board of county commissioners or
county court of a county, as the case may be. + }
SECTION 9. { + The Legislative Assembly recognizes that the
forestland-urban interface in Oregon varies by condition,
situation, fire hazard and risk, that different forestland-urban
interface fire protection problems exist across the state because
of this variability, that these different problems necessitate
varied fire prevention and protection practices and that, in
order to give recognition to such differences and their effect on
the accomplishment of the public policy stated in section 6 of
this 1997 Act, certain classifications of the forestland-urban
interface within the State of Oregon are established by sections
10 to 16 of this 1997 Act. + }
SECTION 10. { + By administrative rule, the State Board of
Forestry shall establish criteria and a system by which the
forestland-urban interface shall be classified. The criteria
shall recognize differences across the state in fire hazard, fire
risk and structural characteristics within the forestland-urban
interface and the system shall include not less than three nor
more than five classes of forestland-urban interface. + }
SECTION 11. { + (1) The governing body of each county
containing forestland-urban interface may establish a county
forestland-urban interface classification committee of five
persons of whom one shall be appointed by the State Forester, one
by the State Fire Marshal and three by the governing body. Of the
members appointed by the governing body, one must be an owner of
forestland-urban interface property who permanently resides on
the property or a representative thereof. Each appointing
authority shall file with the forester the name of its appointee
or appointees, and the persons so named shall constitute the
committee for the county. Each member of the committee at all
times is subject to replacement by the appointing authority,
effective upon the filing with the forester by that authority of
written notice of removal and the name of the new appointee.
(2) The committee shall elect from among its members a chair
and a secretary and may elect or employ other officers, agents
and employees as it finds advisable. It shall adopt rules
governing its organization and proceedings and the performance of
its duties, and shall keep written minutes of all its meetings. A
quorum of the committee for official actions shall be four or
more members present.
(3) The governing body of the county may provide for the
committee and its employees such accommodations and supplies and
such county funds not otherwise appropriated as the governing
body finds necessary for the proper performance of the
committee's functions. The members of the committee shall receive
no compensation for their services, but the governing body may
reimburse them for their actual and necessary travel and other
expenses incurred in the performance of their duties. By written
agreement between the State Forester and the governing body, the
State Forestry Department may provide the functions or be
responsible for the expenses referred to in this subsection.
(4) In the interest of efficiency, by written agreement between
the State Forester and the governing body, if a forestland
classification committee is established and active within a
county pursuant to ORS 526.305 to 526.340, that committee may
serve as the county forestland-urban interface classification
committee established by subsection (1) of this section. In the
event that this agreement is made, the State Forester and the
governing body shall ensure that either:
Enrolled Senate Bill 360 (SB 360-A) Page 3
(a) A State Fire Marshal appointee and a forestland-urban
interface property owner who permanently resides on the property
or a representative thereof are added to the existing forestland
classification committee to bring the total number of committee
members to seven; or
(b) The State Fire Marshal approves of the current membership
of the forestland classification committee and the committee
includes a forestland-urban interface property owner who
permanently resides on the property or a representative
thereof. + }
SECTION 12. { + (1) Upon establishment of a county
forestland-urban interface classification committee under section
11 of this 1997 Act, the committee shall investigate and study
all forestland-urban interface within its county and determine
which classifications of forestland-urban interface are
represented according to the classification system developed
pursuant to section 10 of this 1997 Act.
(2) Upon the basis of its investigation and determination under
subsection (1) of this section, the committee shall assign all
forestland-urban interface forestland within its county to one of
the forestland-urban interface classifications developed pursuant
to section 10 of this 1997 Act. + }
SECTION 13. { + The county forestland-urban interface
classification committee first shall adopt preliminary
classification assignments and upon its completion shall cause
notice thereof to be published once a week for two consecutive
weeks in a newspaper of general circulation in the county, to be
posted in three public places within the county, and to be mailed
to owners of property within the preliminary classifications. The
notice shall state the time and place for hearing or receiving
objections, remonstrances or suggestions as to the proposed
classifications and the place where a statement of the
preliminary classifications may be inspected. + }
SECTION 14. { + (1) The county forestland-urban interface
classification committee shall hold a public hearing at the time
and place stated in the notice published under section 13 of this
1997 Act, or at such other time and place to which the hearing
may be adjourned, to receive from any interested persons
objections, remonstrances or suggestions relating to the proposed
classifications. Following the hearing the committee may make
such changes in the preliminary classifications as it finds to be
proper, hold additional hearings as it finds necessary, and
thereafter shall make its final classifications.
(2) All action by the committee in classifying or reclassifying
forestland-urban interface property shall be by formal written
order, which must include a statement of findings of fact on the
basis of which the order is made, and must include a map showing
the classifications or reclassifications made. The original of
the order shall be filed immediately with the county clerk of the
county, who shall maintain and make it available for public
inspection. A copy of the order certified by the secretary of the
committee shall be sent to the board. + }
SECTION 15. { + (1) Any owner of land classified under
sections 10 to 16 of this 1997 Act who is aggrieved by the
classification may, within 30 days after the date of the order
making the classification, appeal to the circuit court for the
county. The appeal shall be taken by serving the notice of appeal
on the secretary of the committee or, if the classification was
made under section 16 of this 1997 Act, on the State Forester,
and by filing such notice with the county clerk.
Enrolled Senate Bill 360 (SB 360-A) Page 4
(2) The appeal shall be tried by the circuit court as an action
not triable by right to a jury. + }
SECTION 16. { + (1) In the event no classification of the
forestland-urban interface is made by a county forestland-urban
interface classification committee within a county in which such
land is situated because no committee was appointed for a period
of time exceeding two years or, if appointed, a committee did not
act for a period of time exceeding two years or acted in a manner
inconsistent with law, the State Forester may make the final
classifications that were otherwise to be made by a committee
consistent with and in the same manner as the process described
in sections 12 to 15 of this 1997 Act.
(2) Classifications by the State Forester have the same force
and effect as though made by a committee for that county.
However, classifications made by the State Forester cease to be
effective if replaced by classifications made pursuant to section
14 of this 1997 Act by the appropriate committee. + }
SECTION 17. { + (1) An owner of land within a forestland-urban
interface classification, prior to a fire occurrence originating
on the owner's property, shall take actions, measures or efforts
to minimize or mitigate a fire hazard or risk on the property due
singly, or in combination, to the presence of structures, the
arrangement or accumulation of vegetative fuels or the presence
of other fire hazards.
(2) The minimum acceptable standards to comply with subsection
(1) of this section shall be established in rules promulgated by
the board and shall be based on considerations of the variability
of the forestland-urban interface classifications across the
state. The rules established by this subsection shall be provided
to all owners, within the appropriate forestland-urban interface
classifications.
(3) Structures and real property lots in a forestland-urban
interface classification that, by written evaluation pursuant to
rules promulgated by the board, meet the standards of subsection
(2) of this section prior to fire occurrence on the owner's
property shall be considered certified as having met the
requirements of subsection (1) of this section. The rules
established by this subsection shall:
(a) Be provided to all owners, within the appropriate
forestland-urban interface classifications; and
(b) Provide for periodic renewal of the written certification
based on the specific characteristics of the applicable
forestland-urban interface classifications.
(4) In the event that an owner fails to meet the obligations of
subsection (1) of this section and a fire occurs, then the owner
shall be liable for the actual costs incurred by the forester up
to a maximum of $100,000, excluding that portion of the actual
costs which are the ordinary costs of the regular personnel and
equipment of the forest protection district wherein the
forestland-urban interface classification is located if:
(a) The fire originates on the owner's property;
(b) The ignition or spread of the fire is directly related to
the failure to meet the obligations of subsection (1) of this
section; and
(c) The fire requires action by the forester pursuant to ORS
477.066 (2) and the forester incurs costs in suppressing the
fire. + }
SECTION 18. { + (1) In determining the annual cost of
protection pursuant to ORS 477.230, the forester may consider and
include the special or additional cost of fire protection for
Enrolled Senate Bill 360 (SB 360-A) Page 5
property within a forestland-urban interface classification,
including the special or unique costs of assessment processing
and administration.
(2) Special or additional costs identified by subsection (1) of
this section shall be identified uniquely in the budget required
by ORS 477.230 to 477.300. These special or additional costs
shall be in addition to the annual cost of ORS 477.230 (1). Only
those owners of property within a forestland-urban interface
classification in a forest protection district shall bear the
special or additional cost of fire protection within the
forestland-urban interface in a manner consistent with rules
promulgated by the board. + }
SECTION 19. { + Section 17 (1) and (4) of this Act first
become operative on whichever is the latest of the following
dates:
(1) Twenty-four months after the date administrative rules are
adopted pursuant to section 17 (2) of this Act.
(2) Twenty-four months after the date administrative rules are
adopted pursuant to section 17 (3) of this Act.
(3) January 1, 2002. + }
SECTION 20. { + The State Forestry Department shall report not
later than September 1, 1998, to each legislative interim
committee with responsibility for agriculture and natural
resources issues regarding the progress in adopting rules under
this Act. + }
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Passed by Senate April 3, 1997
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 1997
...........................................................
Speaker of House
Enrolled Senate Bill 360 (SB 360-A) Page 6
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled Senate Bill 360 (SB 360-A) Page 7