(2) The State Fire Marshal shall be qualified to direct the technical and executive work of the agency as determined by the superintendent and shall have education or training related to the programs of the agency and significant experience in managing fire protection or related programs. [Amended by 1963 c.523 §1; 1971 c.753 §54; 1987 c.414 §79; 1993 c.186 §1]
Note: The amendments to 476.020 by section 90, chapter 539, Oregon Laws 2021, become operative July 1, 2023. See section 155a, chapter 539, Oregon Laws 2021. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience. (1) The Department of the State Fire Marshal is established. The department is under the supervision and control of the State Fire Marshal.
(2) The Governor shall appoint the State Fire Marshal, who holds the office at the pleasure of the Governor. The appointment of the State Fire Marshal is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565.
(3) The State Fire Marshal shall be qualified to direct the technical and executive work of the department as determined by the Governor and shall have education or training related to the programs of the department and significant experience in managing fire protection or related programs.
(4) The State Fire Marshal shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.
(5) Subject to the approval of the Governor, the State Fire Marshal may organize and reorganize the administrative structure of the department as the State Fire Marshal considers appropriate to properly conduct the work of the department.
(6) The State Fire Marshal may divide the functions of the department into administrative divisions. Subject to the approval of the Governor, the State Fire Marshal may appoint an individual to administer each division. The administrator of each division serves at the pleasure of the State Fire Marshal and is not subject to the provisions of ORS chapter 240. Each individual appointed under this subsection must be well qualified by technical training and experience in the functions to be performed by the individual.
Note: Section 155c, chapter 539, Oregon Laws 2021, provides:
Sec. 155c. Between the operative date specified in section 155 of this 2021 Act [July 1, 2022] and the operative date specified in section 155a of this 2021 Act [July 1, 2023]:
(1) Except as otherwise provided in this section, statutory references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police.
(2) Duties, functions and powers conferred on the Department of the State Fire Marshal are conferred on the office of the State Fire Marshal in the Department of State Police.
(3) Moneys appropriated to the Department of the State Fire Marshal shall be construed as appropriations to the Department of State Police for purposes of the office of the State Fire Marshal. [2021 c.539 §155c]
Note: Section 96, chapter 539, Oregon Laws 2021, provides:
Sec. 96. The State Fire Marshal on the operative date specified in section 155a of this 2021 Act [July 1, 2023] shall serve as the initial State Fire Marshal at the pleasure of the Governor and without the need for confirmation by the Senate.
[2021 c.539 §96]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 476 - State Fire Marshal; Protection From Fire Generally
Section 476.005 - Definitions.
Section 476.010 - Additional definitions.
Section 476.020 - State Fire Marshal; appointment; qualifications.
Section 476.033 - Discretionary powers of State Fire Marshal.
Section 476.035 - Adjustments and variances in application of statutes and regulations.
Section 476.050 - Payment of salaries and expenses.
Section 476.055 - State Fire Marshal Fund; uses.
Section 476.060 - Local officers and constables as assistants to State Fire Marshal.
Section 476.070 - Entering buildings and premises.
Section 476.090 - Records of fires.
Section 476.115 - Functions of regional appeal advisory boards; reports submitted to board.
Section 476.130 - Statistical reports; price; sale; deposit of proceeds.
Section 476.132 - Wildfire readiness and response capacity.
Section 476.150 - Entry and inspection of premises; interfering with or preventing entry prohibited.
Section 476.160 - Circumstances under which warrant may be issued.
Section 476.165 - Establishing cause to issue warrant; content.
Section 476.170 - Execution of warrant.
Section 476.175 - Contents of citation or order.
Section 476.210 - Investigation of fires by municipal officers and constables; reports; exemption.
Section 476.220 - Report by officer investigating fire; exemption.
Section 476.320 - Determination of form of fire protection for lands in zone 1; costs.
Section 476.330 - Prevention and control of fires in zone 2; tax levy.
Section 476.380 - Fire permits; limitations upon burning; records.
Section 476.392 - Minimum defensible space requirements; rules.
Section 476.394 - Limitations on use of minimum defensible space requirements.
Section 476.396 - Community Risk Reduction Fund.
Section 476.398 - Biannual reports.
Section 476.574 - Leave of absence for volunteers; employment rights.
Section 476.576 - Violation of job restoration rights of volunteers as unlawful employment practice.
Section 476.590 - Preparation of plans by State Fire Marshal; advice and counsel to Governor.
Section 476.680 - Governor’s Fire Service Policy Council; membership; terms; duties.
Section 476.685 - Biennial reports.
Section 476.687 - State Wildfire Programs Director.
Section 476.690 - Wildfire Programs Advisory Council.
Section 476.694 - Oregon Conservation Corps Program.
Section 476.696 - Oregon Conservation Corps Advisory Committee.
Section 476.698 - Oregon Conservation Corps Fund.
Section 476.725 - Statewide standards for residential carbon monoxide alarms; rules.
Section 476.730 - Notice prior to release or after escape of arsonist from state institution.
Section 476.735 - Sky lantern prohibition.
Section 476.755 - Definitions for ORS 476.755 to 476.790 and 476.995.
Section 476.765 - Imposition of civil penalties; bringing of actions.
Section 476.775 - Laboratories; ignition propensity testing.
Section 476.785 - Cigarette packaging markings.
Section 476.795 - Interpretation of ORS 476.755 to 476.790 and 476.995.
Section 476.801 - Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995.
Section 476.806 - Cigarette Fire Safety Fund.
Section 476.831 - Definitions for ORS 476.831 to 476.856.
Section 476.836 - Identification of novelty lighters; rules; disposition of contraband lighters.
Section 476.841 - Prohibition against sale or distribution of novelty lighters; civil penalties.
Section 476.846 - Compliance inspections.
Section 476.851 - Agreements with State Fire Marshal representatives.
Section 476.856 - Attorney General actions to enforce ORS 476.841 and 476.846.
Section 476.905 - Approval of application by State Fire Marshal.
Section 476.910 - Loan agreement; terms; conditions.
Section 476.915 - Source of revenue to repay loan.
Section 476.920 - Rules; acceptance of gifts, donations and grants.
Section 476.925 - Fire Protection Equipment Loan Fund; uses.