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DEPARTMENT OF FORESTRY

 

DIVISION 43

FIRE PREVENTION

 

[ED. NOTE: Previous rules OAR 629-043-0005 through 629-043-0150 were renumbered to Division 23 and 24 by FB 17.]

629-043-0005

Snag Falling

(1) Pursuant to ORS 477.565(1):

(a) Operators shall, when directed by the forester in written order, fell all snags which, in the judgement of the forester, constitute a fire hazard.

(b) The forester shall require only the felling of snags which:

(A) Are necessary to prevent the spread of fire; and

(B) Are over 15 feet in height and within 100 feet distance of a landing.

(2) Pursuant to ORS 477.565(2):

(a) Operators shall, when directed by the forester in written order, fell all snags which, in the judgement of the forester, constitute a fire hazard.

(b) The forester shall require only the felling of snags which:

(A) Are necessary to prevent the spread of fire on forestland west of the summit of the Cascade Mountains; and

(B) Are over 15 feet in height and over 12 inches in diameter.

(3) The forester shall:

(a) When determining whether snags constitute a fire hazard, give due consideration to:

(A) The topography of the operation area; and

(B) The number of snags in and near the operation area; and

(C) The frequency of lightning in the operation area; and

(D) The location of the snags in the operation area.

(b) When issuing written orders, specify if the felling of snags is to be completed before and/or concurrent with the operation of power driven machinery;

(4) The forester may, in written order, require additional snags in an operation area to be felled if, in the judgement of the forester, conditions so warrant.

(5) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant.

Stat. Auth.: ORS 477.565
Stats. Implemented: ORS 477.565
Hist.: FB 17, f. & ef. 5-12-68; FB 8-1986, f. & ef. 9-25-86; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0010

Additional Water Supply and Equipment

(1) Pursuant to ORS 477.615, operators shall, when directed by the forester in written order, provide a motor vehicle which complies with the capacity, pump, hose, nozzle and readiness requirements set forth in OAR 629-043-0020.

(2) The forester may, in written order, reduce or waive any requirement of the order issued under this rule if, in the judgement of the forester, the conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgement of the forester, equal or better suppression of fire.

Stat. Auth.: ORS 477.615
Stats. Implemented: ORS 477.615
Hist.: FB 17, f. & ef. 5-12-68; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0015

Spark Arresters

(1) Pursuant to ORS 477.645, all persons operating an internal combustion engine shall equip and maintain the engine with a spark arrester, which is in good working condition, and that is listed in the most recent edition of a publication of the National Wildfire Coordinating Group, entitled "Spark Arrester Guide" and which is known as publication number "PMS 430-1".

(2) The following are exempt from the requirements of this rule:

(a) Fully turbo-charged engines which are maintained in good operating condition;

(b) Engines in motor vehicles operating on public roads which are equipped with a muffler and a exhaust system;

(c) Water pumping equipment used exclusively for fighting fire.

(d) Engines, except engines in all-terrain vehicles and motorcycles, of 50 cubic inch displacement or less which are equipped with a muffler and a exhaust system;

(e) Engines in light trucks which are equipped with a muffler and a exhaust system;

(f) Engines in heavy trucks which are equipped with a muffler and a exhaust system which:

(A) Extends at least to the end of the truck frame and discharges to the rear; or

(B) Extends above the cab of the truck and discharges upward or to the rear.

(g) Engines in all-terrain vehicles and motorcycles which are equipped with:

(A) A muffler and a exhaust system; or

(B) A screen which completely encloses exhaust system openings and which is:

(i) Heat and corrosion resistant; and

(ii) Which has no openings greater than .023 inch diameter.

(h) Power saws. See OAR 629-043-0036.

(3) All exhaust systems, mufflers and screens refereed to in this rule shall be kept in good operating condition.

(4) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 477.645
Stats. Implemented: ORS 477.645
Hist.: FB 17, f. & ef. 5-12-68; FB 28, f. 2-14-72, ef. 7-1-72; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0020

Water Supply and Equipment for Stationary Engines

(1) Pursuant to ORS 477.650 operators shall comply with the following water supply and delivery requirements when operating stationary equipment:

(a) Water supply:

(A) A self-propelled motor vehicle which is equipped with a water tank containing not less than 300 gallons of water; or

(B) A pond, stream, tank, or sump containing not less than 500 gallons of water.

(b) Water delivery:

(A) Water pump: Size and capacity shall be such that the pump will provide a discharge of not less than 20 gallons per minute when pumping through 50 feet of hose equipped with a 1/4 inch inside diameter nozzle at pump level;

(B) Hose and nozzle: At least 500 feet of serviceable hose, of not less than 3/4 inch inside diameter, and a nozzle.

(2) All hose, motor vehicles, nozzles, pumps and tanks refereed to in this rule shall be kept ready for immediate use.

(3) The water supply, pump, not less than 250 feet of hose, and the nozzle, as required by this rule, shall be maintained as a connected, operating unit and kept ready for immediate use.

(4) The forester, in written order, may reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgement of the forester, equal or better suppression of fire.

Stat. Auth.: ORS 477.650
Stats. Implemented: ORS 477.650
Hist.: FB 17, f. & ef. 5-12-68; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0025

Fire Tools and Fire Extinguishers

Pursuant to ORS 477.655, operators shall comply with the following minimum fire tool and fire extinguisher requirements:

(1) Provide at the operation area, or at a location approved by the forester, the number of tools and tool boxes required by Table 1. An operation having more than 20 people shall use multiples of any of the columns in the table to arrive at a tool distribution equal to or in excess of the number of people in the operation.

(a) The tool boxes required by this rule shall be clearly identified as containing fire tools; and

(b) The tools required by this paragraph shall be used only for fighting fire and for no other use.

(2) Provide at each internal combustion engine, except power saws, one 2-1/2 pound size A, B, C rated fire extinguisher approved by a nationally recognized testing laboratory.

(3) Provide on each truck:

(a) One 2-1/2 pound size A, B, C rated fire extinguisher approved by a nationally recognized testing laboratory; and

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long; and

(c) One pulaski or axe which has a handle not less than 26 inches long.

(4) Provide at each block:

(a) One pump equipped can or bladder containing not less than five gallons of water; and

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long.

(5) All bladders, cans, pumps, tool boxes, tools and fire extinguishers referred to in this rule shall be kept ready for immediate use.

(6) The forester may, in written order, modify, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide equal or better suppression of fire.

[ED. NOTE: Copies of the Table referenced in this rule are available from the agency.]

Stat. Auth.: ORS 477.655
Stats. Implemented: ORS 477.655
Hist.: FB 17, f. & ef. 5-12-68; FB 4-1985(Temp), f. & ef. 6-17-85; FB 3-1986, f. & ef. 3-12-86; DOF 9-1998, f. & cert. ef. 6-3-98; DOF 2-1999, f. & cert. ef. 5-13-99

629-043-0026

Operation Area Fire Prevention

Pursuant to ORS 477.625(1)(a), operators shall comply with the following reasonable precautions that, in the judgement of the forester, are necessary to prevent the spread of fire on or from an operation area:

(1) When conducting a cable logging operation during fire season:

(a) Clear the ground of all flammable debris for not less than ten feet slope distance, from the point directly below any block.

(b) Do not permit moving lines to rub on rock or woody material in such a way to cause sparks or sufficient heat that may cause ignition of fire.

(2) When conducting a operation during fire season which uses mobile equipment, provide a water supply which complies with the capacity, pump, hose, nozzle and readiness requirements set forth in OAR 629-043-0020.

(3) When conducting a operation during fire season which uses power driven machinery, keep all power driven machinery free of excess flammable material which may create a risk of fire.

(4) When using fire to dispose of slashing, develop for prior approval a plan which sets forth the personnel, equipment and procedures necessary to safely conduct the burning. The plan shall be developed in such a manner as to give due consideration to prevention of fire escape and protection of life, forest resources, property and air quality.

(5) When conducting a operation during fire season which uses mobile equipment east of the summit of the Cascade Mountains and when directed by the forester in written order, comply with limitations on when mobile equipment may be used. The forester shall base such limitations on the fire danger in the operation area, on the risk of fire beginning in the operation area, or due to a combination of any such conditions.

(6) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgement of the forester, equal or better prevention or suppression of fire.

Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS 477.625
Hist.: FB 4-1985(Temp), f. & ef. 6-17-85; FB 3-1986, f. & ef. 3-12-86; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0030

Watchman Service

(1) Pursuant to ORS 477.665, operators shall comply with the following watchman requirements. Watchman shall:

(a) Be constantly on duty for three hours after the power driven machinery used by the operator has been shut down for the day; and

(b) Visually observe all portions of the operation area on which operation activity occurred during the day.

(2) After a measurable amount of rain on the operation area, the forester may suspend the requirements of subsection (1) of this rule until such time as, in the judgement of the forester, conditions warrant reinstatement.

(3) The forester may, in written order, reduce or waive any requirement of subsection (1) of this rule if, in the judgement of the forester, conditions so warrant.

(4) Pursuant to ORS 477.625(1)(a):

(a) Operators shall comply with the following watchman requirements:

(A) Each watchman shall be a competent person.

(B) Each watchman shall have adequate facilities for transportation and communications in order to be able to summon fire fighting assistance in a timely manner.

(b) Watchman shall immediately proceed to control and extinguish any fire in the operation area, in a manner which is consistent with fire suppression safety practices, and shall summon all necessary fire fighting assistance.

Stat. Auth.: ORS 477.665
Stats. Implemented: ORS 477.665
Hist.: FB 17, f. & ef. 5-12-68; FB 23, f. 6-5-70, ef. 6-25-70; DOF 9-1998, f. & cert. ef. 6-3-98; DOF 2-1999, f. & cert. ef. 5-13-99

629-043-0036

Power Saws

Pursuant to ORS 477.640, all persons operating a power saw shall comply with the following fire prevention and suppression requirements:

(1) A power saw used to conduct an operation shall be equipped and maintained with a spark arrester and other fire prevention equipment that is listed in the most recent edition of a publication of the National Wildfire Coordinating Group, entitled "Spark Arrester Guide" and which is known as publication number "PMS 430-2".

(2) A power saw not used to conduct an operation shall be equipped as follows:

(a) As described in subsection (1) of this rule; or

(b) With a spark arresting device constructed to retain or destroy 90% or more of the carbon particles having a major diameter greater than 0.023 inches (0.584 mm). A spark arresting device equipped with a woven screen with a maximum opening size of 0.023 inches (0.584 mm) constructed of 0.013 inches (0.330 mm) or larger diameter, heat and corrosion resistant wire will be considered in compliance with this requirement, provided the total screen opening area is not less than 125 percent of the engine exhaust port area. The device shall be constructed to permit easy removal and replacement of the screen for field inspection, replacement, and cleaning.

(3) The following minimum fire tools and fire extinguishers shall be immediately available for the prevention and suppression of fire:

(a) One fire extinguisher of at least eight ounce capacity; and

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long.

(4) A power saw shall be stopped during fueling and moved not less than 20 feet from the place of fueling before being started.

(5) All fire prevention equipment, fire extinguishers, fire tools, screens, shovels, spark arresters and spark arresting devices referred to in this rule shall be kept ready for immediate use.

(6) The forester may, in written order, reduce or waive any requirement of this rule if, the judgement of the forester, conditions so warrant.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 477.640
Stats. Implemented: ORS 477.640
Hist.: FB 47, f. 9-15-76, ef. 7-1-77; FB 48(Temp), f. & ef. 6-29-77; FB 50, f. & ef. 9-1-77; DOF 9-1998, f. & cert. ef. 6-3-98; DOF 2-1999, f. & cert. ef. 5-13-99

629-043-0040

Burning Permits

(1) Pursuant to ORS 477.515, holders of permits for burning must:

(a) Before burning, clear the area immediately around and above the burn site of material that may carry fire;

(b) When burning in a barrel or similar container, completely cover the container openings with a screen constructed of not less than 14-gauge wire and that has openings which are no larger than one-fourth inch in diameter;

(c) Not allow the uncontrolled spread of fire away from the permitted burn site;

(d) Not burn on a day when burning has been prohibited by the forester because of increased fire danger or because of air quality conditions;

(e) Not burn without complying with all conditions, hours and dates set forth on the permit; and

(f) Not burn without complying with the open burning prohibitions set forth in OAR 340-264-0050 to 340-264-0170.

(2) The requirements of this rule do not apply to prescribed burning conducted in compliance with ORS 477.013, OAR 629-043-0026(4) and 629-048-0001 to 629-048-0500.

(3) The forester may, in a written order, reduce or waive any requirement of this rule if:

(a) In the judgment of the forester, conditions so warrant; and

(b) The burning complies with the requirements of ORS 477.515, Chapter 468, Chapter 468A and OAR chapter 340 division 264.

Stat. Auth.: ORS 477.013, 526.016 & 526.041
Stats. Implemented: ORS 477.013 & 477.515
Hist.: FB 6, f. 5-9-60; FB 8-1986, f. & ef. 9-25-86; DOF 11-1998, f. & cert. ef. 8-13-98; DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

629-043-0050

Slash Hazard Release

Under the provisions of ORS 477.580, the Forester will not withhold a release for any fire hazard located west of the summit of the Cascade Mountains after a period of seven years, nor withhold a release for any fire hazard located east of said summit after a period of five years; said periods of time to be determined from the first day of October immediately following the creation of the hazard.

Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS 477.580
Hist.: FB 6, f. 5-9-60

629-043-0065

Payment For Additional Fire Hazard

(1) Pursuant to ORS 477.580(4), when the forester receives payment from an owner or an operator for a release, the monies received shall be used exclusively in the district wherein the additional fire hazard is located, as follows:

(a) The payment for such release shall be set aside as a reserve for the purpose of providing additional protection, hazard reduction, or actual fire suppression on the additional fire hazard areas involved.

(b) All or portions of such monies shall be credited annually to a dedicated district fund in accordance with an annual district additional fire hazard plan.

(c) Monies which are not expended during a period of seven years shall be credited to the district budget the following year.

(2) The sum of money the forester receives from an owner or an operator for a release shall be determined by the use of the rating table described in Directive 1-1-1-102. Use of the rating table shall result in the calculation of a "point" total.

(a) For an additional fire hazard created by timber harvested in a commercial operation, the sum of money for each 1,000 board feet of timber harvested shall be determined by the point total, as follows:

(A) 40-59 points -- $1.60;

(B) 60-79 points -- $2.40;

(C) 80-99 points -- $3.30;

(D) 100-119 points -- $4.20;

(E) 120-139 points -- $5.10;

(F) 140+ points -- $6.00.

(b) For an additional fire hazard created by a stand improvement operation where no timber is harvested, the sum of money for each acre shall be determined by the point total, as follows:

(A) 40-59 points -- $7.00;

(B) 60-79 points -- $7.70;

(C) 80-99 points -- $8.40;

(D) 100-119 points -- $9.10;

(E) 120-139 points -- $9.80;

(F) 140+ points -- $10.00.

Stat. Auth.: ORS 477.580
Stats. Implemented: ORS 477.580
Hist.: FB 6, f. 5-9-60; FB 14, f. 11-18-65; DOF 4-1998, f. 3-10-98, cert. ef. 5-1-98

629-043-0070

Operation Closedown

(1) Pursuant to ORS 477.625(1)(c) and 477.670, operators west of the summit of the Cascade Mountains shall comply with close down requirements which the forester, in written order, has issued.

(2) Pursuant to ORS 477.365(1)(h), the forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant.

Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS 477.365, ORS 477.625 & ORS 477.670
Hist.: FB 6, f. 5-9-60; FB 19, f. & ef. 7-15-68; DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0076

Permits To Use Fire Or Power-Driven Machinery

Pursuant to ORS 477.630, operators or owners shall provide the following information that, in the judgement of the forester, is necessary for the administration of rules promulgated under ORS chapter 477:

(1) The name of the county in which the operation area is located.

(2) The name and/or the identifying number of a timber sale to be harvested by the operation.

(3) The telephone number of the operator.

(4) The telephone number of the landowner.

(5) The name, mailing address and telephone number of the timber owner.

(6) A description of the primary activities to be conducted in the operation area.

(7) A description of the primary methods to be used in the operation area.

(8) An estimate of the size of the operation area.

(9) An estimate of the amount of timber to be harvested from the operation area.

(10) The estimated starting date of the operation.

(11) The estimated ending date of the operation.

Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS 477.630
Hist.: DOF 9-1998, f. & cert. ef. 6-3-98

629-043-0080

Additional Fire Hazard

For the purpose of sections(1) and (2) of ORS 477.580, notice of additional fire hazard shall be given to the landowner and operator in writing with instructions for offsetting or abating such fire hazard. Such notice will include one or more options as follows, provided such options are consistent with the provisions of 527.610 through 527.730. The Forester will issue a release upon successful completion of the instructions for offsetting or abating the hazard:

(1) By burning part or all of the slashing to reduce the extra hazard as approved by the Forester.

(2) By altering the fuel loading and arrangement on the site by piling slash, crushing, or otherwise altering the fuel to reduce hazard as approved by the Forester.

(3) By making physical improvements to offset the hazard such as building fire trails, water supply sources, building fuel breaks, compartmentizing the improvement which effectively offsets the fire hazard as approved by the Forester.

(4) By payment to the Forester of a sum of money for extra fire protection for the area if such release is requested by the owner or operator with approval of the owner. Such payment is subject to the provisions of OAR 629-043-0065.

(5) Other hazard offsets as approved by the Forester.

NOTE: It is intended that physical improvements under sections(1), (2), and (3) of this rule shall offset the additional hazard created to such a degree that the possibility of spread of fire is sufficiently reduced and the ability to control fire sufficiently improved, that extra protection for the area is not warranted.

Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS 477.580
Hist.: FB 35(Temp), f. & ef. 1-17-74; FB 37, f. 4-15-74, ef. 5-11-74

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