OAR 629-047-0040: Basic Enforcement Action

(1) When a violation is determined to exist, an authorized fire warden shall: (a) Issue either a Fire Prevention Citation or a Fire Prevention Warning to the violator in accordance with ORS Chapter 477 and OAR 629-047-0040 to 629-047-0280. (A) A Fire Prevention Citation shall be issued if: (i) A violator has been issued a Fire Prevention Citation or a Fire Prevention Warning for the any violation of ORS 477, in any district, in the previous 60 months; or (ii) The enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Citation; or (iii) Under periods of extreme fire danger. (B) A Fire Prevention Warning shall be issued if the enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Warning. (b) Not allow continuance of any portion of an operation exposed to an increased risk of fire due to a violation and existing or predicted weather conditions, until such time as compliance is restored by: (A) Ordering, in writing, that portion of the operation stopped; and (B) Suspending, in writing, for that portion of the operation, the permit issued under ORS 477.625. Examples: (i) When the spark arrester on a dozer is found to be in violation of a requirement of ORS 477.645, the operator shall be ordered to cease operation of the dozer and that portion of the permit issued under 477.625 pertaining to the dozer shall be suspended until the spark arrester is in compliance. (ii) When fire tools required by ORS 477.655 are found to be inadequate, the operator shall be ordered to cease all activity on the operation and the permit issued under 477.625 shall be suspended until the fire tools are in compliance. (2) Timber sale contract provisions and other similar instruments shall not be used as enforcement measures in lieu of the issuance of a Fire Prevention Citation or of a Fire Prevention Warning. (3) Notwithstanding the requirements of section (1) of this rule, a district forester may, on a case by case basis, allow an exception to these enforcement policies when circumstances warrant: (a) In determining if circumstances warrant an exception to these enforcement policies, the district forester shall consider the following factors: (A) A violators prior violation of the same or similar fire prevention requirements of ORS Chapter 477; and (B) The gravity and magnitude of the violation; and (C) Whether the violation is repeated or continuous; and (D) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent act; and (E) Whether the violation constitutes a serious violation. (b) Exceptions to these enforcement policies are intended to be few in number and shall be approved in writing by the district forester on forms provided by the State Forester for that purpose.