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Title: |
Oregon Forestland-Urban Interface Fire Protection Act of 1997
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Type: |
Regulatory
Education
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Jurisdiction: |
State
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State: |
Oregon
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Program Description: |
State Fire Protection Law
Oregon responded to the growing problem of wildland fires affecting homes with the passage of the Oregon Forestland- Urban Interface Fire Protection Act of 1997.
The Act takes a four-pronged approach and:
- Sets out legislative policy regarding Interface fire protection;
- Defines Interface areas and establishes a system for classification of Interface properties;
- Establishes standards for Interface property owners to manage or minimize fire hazards and risks;
- Provides the means for establishing adequate, integrated fire protection systems in Interface areas, including education and prevention efforts.
Homeowner Responsibility
The philosophy of the Oregon Forestland-Urban Interface Fire Protection Act is to reduce home losses due to wildfire by making homes more fire-resistant through homeowner responsibility. Community fire fighting resources act as a partner with homeowners in preventing losses. This philosophy is supported by research in the field of forest fire science, which shows that "A wildland fire does not spread to homes unless the homes meet the fuel and heat requirements sufficient for ignition and continued combustion." This research indicates that home losses can be effectively reduced by focusing mitigation efforts on the structure and its immediate surroundings. You may view the Criteria for Determination of Wildfire Hazard Zones on the internet.
Administrative Rules
The Act was adopted in 1997, and the rules for administrating the Act were adopted in 2002. The program will be phased in slowly throughout the state. In 2003, the Act will go into effect for Jackson and Deschutes Counties, as these two counties were deemed to have the highest wildfire hazard risk. As of November 2004, letters have begun to go out to property owners in Deschutes County notifying them if they are in a Wildfire Hazard Zone. Property owners in Jackson County will begin receiving letters in January of 2005. Owners will then have two years in which to complete the necessary fire risk reduction measures and return a certification form to ODF.
In counties where stricter requirements exist, those ordinances will supersede the state law. The Forestland-Urban Interface Fire Protection Act does not supersede more restrictive local regulations.
The first step for administration of the Act is the classification of properties as Forestland-Urban Interface (FUI). This classification is based on assessment of risk factors for a parcel's local climate, natural vegetative fuels, and topography. The density of dwellings in the area is another risk factor. An appointed county committee will participate in the identification of FUI properties. Property owners will be notified by the Oregon State Forester of their classification, whether L, M, H, or E. Owners of properties classified as M, H, or E are required to take actions to mitigate fire hazards.
Standards
Two kinds of standards are set forth, Default Standards and Optional Standards. The Default Standards are intended for the majority of forestland-urban interface owners. (Default Standards will be discussed below.) The Optional Standards are intended for owners who are unable to meet the Default Standards or who prefer to meet standards that are appropriate due to site-specific conditions. Optional Standards differ only slightly from the Default Standards. This section will only set out the standards which relate to vegetation management.
Information on implementation of the Forestland-Urban Interface Fire Protection Act is available at this Website.
Vegetation Management Requirements
Vegetation management requirements for owners of interface properties are:
Fuel Breaks
A fuel break is a natural or man-made area where material capable of allowing a fire to spread unchecked does not exist or has been treated, cleared, or modified and shall be comprised of:
A. Non-flammable ground cover. Examples include bare soil, rock, asphalt, concrete, or irrigated green grass, clover, ivy, wildflowers, mulches, or succulent ground covers;
B. Dry grass maintained to an average height of less than 4 inches. Cut grass may be left on the slope to protect the soil if it lays down within 4 inches of the ground; and
C. Single specimens or isolated groupings of trees, ornamental shrubbery or similar plants, provided they are:
- Kept green;
- Substantially free of dead plant material;
- Free of ladder fuel
- Arranged in a manner that adjacent vegetation cannot convey a fire through the fuel break.
Default Standards
A. Fuel breaks - 30 feet from the structure for Zone M, 50 feet for Zone H if the house has does not have a fire-resistant roof or 30 feet with a fire-resistant roof, 100 feet for Zone E without fire-resistant roof / 50 feet with fire-resistant roof, or to the property line, whichever is nearer.
B. 5 foot fuel breaks adjacent to driveways, maintaining an unobstructed zone around the driveway which is not less than 12 feet wide and 13.5 feet high.
C. During times of the year when wildfire is a threat:
- Remove any portion of a tree which extends to within 10 feet of the outlet of a chimney or stove;
- Maintain trees overhanging a structure substantially free of deadwood;
- Maintain the area under decks free of firewood, flammable building materials, leaves, needles and other similar flammable materials; and
- Locate firewood and flammable materials at least 20 feet from structures or within a fully enclosed space.
There are additional standards for land classified as High Density E. Owners of forestland classified as High Density E shall provide areas of vegetation modification that:
A. Are at least 20 feet in width as measured along the slope;
B. Are located adjacent to all roads and property lines and no greater than 200 feet apart;
C. May contain single specimens or isolated groupings of trees, shrubbery or similar plants, provided they are:
- Kept green
- Substantially free of dead plant material;
- Free of ladder fuel; and
- Arranged in a manner that adjacent vegetation cannot convey a fire through the property.
The State Forester will send all owners of urban interface forestland an evaluation form. The form will allow owners to self-assess compliance with the standards. The form does not need to be mailed back to the Forester. When a wildfire occurs on FUI forestland, the Forester will determine whether the ignition or spread of the fire was directly related to the owner's failure to meet the standards. If a landowner is found to have directly caused the wildfire, the costs of suppression of that fire will be assessed to the owner up to $100,000.
Power to Assess Funds
The Act also gives the State Forester the power to assess owners of FUI forestland for purposes of forest protection in that forest protection district. These funds can be used for targeted fire prevention and suppression resources, and to fund or cost-share projects to minimize and mitigate hazards and risks within the interface. The funds are for the exclusive use of the district, and must be used in accordance with an annual written plan.
Contact Information
For more information on Oregon's Forestland- Urban Interface Fire Protection Act, please contact Rick Gibson. |
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