(2) A person may not release a sky lantern into the airspace of this state.
(3) Violation of this section is a Class A violation.
(4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:
(a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;
(b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;
(c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or
(d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. [2016 c.123 §1; 2021 c.539 §133]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, 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. See section 155c, chapter 539, Oregon Laws 2021 (second note under 476.020).
Note: The amendments to 476.735 by section 133, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) As used in this section, "sky lantern" means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne.
(2) A person may not release a sky lantern into the airspace of this state.
(3) Violation of this section is a Class A violation.
(4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by:
(a) The State Fire Marshal, employees of the office of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060;
(b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations;
(c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or
(d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations.
Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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.