(2) The State Fire Marshal may impose a civil penalty against a person who violates subsection (1) of this section. The civil penalty may not exceed:
(a) $10,000 if the person is a manufacturer or importer of lighters.
(b) $1,000 if the person is a wholesaler of lighters or distributes lighters by means other than distribution directly to consumers.
(c) $500 if the person is:
(A) A retail seller of lighters; or
(B) A person distributing lighters, if the person is other than a manufacturer, importer or wholesaler.
(3) If a person continues to violate this section after the State Fire Marshal gives the person written notice of the violation, each day that the violation continues is a separate offense subject to a civil penalty.
(4) The State Fire Marshal shall impose civil penalties under this section as provided in ORS 183.745. For purposes of ORS 183.417, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the State Fire Marshal as described in ORS 476.836 as a novelty lighter, or is of a class or type of lighter listed by the State Fire Marshal as novelty lighters. However, listing by the State Fire Marshal is not a prerequisite for finding that a lighter is a novelty lighter.
(5) All moneys collected from civil penalties under this section shall be deposited to the credit of the State Fire Marshal Fund. [2009 c.6 §3]
Note: See note under 476.831.
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.