Or. Admin. Code § 629-047-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 629-047-0010 - [Effective 1/1/2025] Definitions

(1) The definitions set forth in ORS 477.001 shall apply to OAR 629, division 047, unless the context otherwise requires.

(2) The following words and phrases, when used in OAR 629, division 047, shall mean the following unless the context otherwise requires:

(a) "Authorized Fire Warden" means a person who has been designated, a Fire Warden - Class A or a Fire Warden - Class B, by the forester after June 9, 1994.

(b) "Bona fide effort" means a good faith attempt to control or extinguish a fire, considering the communication facilities available, the tools available, the water available and the mental and physical condition of the person.

(c) "District Forester" means the person in charge of a district, including Oregon Department of Forestry district foresters and forest protection association district managers and district supervisors.

(d) "Fire Prevention Citation" means a uniform citation issued pursuant to ORS 477.980 to 477.993 and administrative rules adopted thereunder. Receipt of a Fire Prevention Citation subjects the violator to a fine.

(e) "Fire prevention requirements of ORS Chapter 477" means any of the permit and fire prevention requirements of:

(A) ORS 477.510, 477.515, 477.535, 477.540, 477.545, 477.550, 477.565, 477.615, 477.625, 477.635, 477.640, 477.645, 477.650, 477.655, 477.660, 477.665, 477.670, 477.695, 477.710, 477.720, 477.740; and

(B) Administrative rules adopted pursuant to the statutes listed in subsection (a) of this section; and

(C) Written orders of the forester issued pursuant to the statutes and administrative rules described in subsections (A) and (B) of this section.

(f) "Fire Prevention Warning" means written notice issued to a violator pursuant to OAR 629, division 047. Receipt of a Fire Prevention Warning requires the violator to pay no fine.

(g) "Fire service agency" means fire suppression resources of, or contracted by, the Oregon Department of Forestry, a forest protective association, the U.S. Department of Interior, the U.S. Department of Agriculture, a rangeland fire protection association, a rural fire protection district, a city fire department or a private fire department.

(h) "Serious violation" means a violation that results in a fire which proximately causes human injury, loss of human life, or causes property damage of $10,000 or more.

(i) "Violation" means the circumstance which exists any time a violator fails to comply with the fire prevention requirements of ORS Chapter 477.

(j) "Violator" means the corporation, operator or person subject to ORS Chapter 477 which is responsible for a violation of the fire prevention requirements of ORS Chapter 477.

(k) "Written order" means a written requirement, from the forester, for a specified practice.

Or. Admin. Code § 629-047-0010

FB 2-1994, f. & cert. ef. 6-9-94; DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98; DOF 2-1999, f. & cert. ef. 5-13-99; DOF 17-2024, amend filed 09/30/2024, effective 1/1/2025

Statutory/Other Authority: ORS 477.980

Statutes/Other Implemented: ORS 477.980 - 477.993