ORS § 478.965

Current through 2024 Regular Session legislation

Section 478.965 - Recovery by district of costs of suppressing unlawful fire; attorney fees

(1) If the fire-fighting apparatus or personnel, or either of a district, are required to respond and be used actively or on a standby basis in connection with the extinguishment or control of a fire that has been started or allowed to spread in willful violation of ORS 478.960 (1) to (5), the person responsible therefor shall be liable to the district furnishing such apparatus or personnel, or both, for the actual costs incurred by the district in controlling, extinguishing or patrolling the fire. Such costs may be recovered in an action prosecuted in the name of the district. The court may award reasonable attorney fees to the district if the district prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the district had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) An itemized statement of the actual costs incurred by the district, certified under oath by the treasurer of the district, shall be accepted as prima facie evidence of such costs in the action authorized by this section.

ORS 478.965

1967 c.420 §6; 1969 c.667 §58; 1981 c.897 §55; 1995 c.696 §24

Sections 1 and 2, chapter 310, Oregon Laws 2023, provide:

Sec. 1. (1) The State Fire Marshal shall:

(a) Establish a Rural Structural Fire Protection Review Committee.

(b) Appoint persons to serve on the committee as soon as practicable after the effective date of this 2023 Act [July 18, 2023].

(2) The committee:

(a) Shall conduct a comprehensive review of the provisions of ORS chapter 478 that relate to structural fire protection.

(b) May not review provisions of ORS chapter 478 that relate to forestland assessment, field burning or consultation with the State Forestry Department.

(c) Shall, based on the review described in paragraph (a) of this subsection, develop recommendations to modernize and improve the structural fire protection operations of rural fire protection districts and to make the operations more efficient.

(d) Shall report on the review described in paragraph (a) of this subsection and the recommendations described in paragraph (c) of this subsection, in the manner prescribed in ORS 192.245, to one or more relevant committees or interim committees of the Legislative Assembly on or before September 15, 2024. [2023 c. 310, § 1]

Sec. 2. Section 1 of this 2023 Act is repealed on January 2, 2025. [2023 c. 310, § 2]