State Fire Marshal; appointment; qualifications.

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(2) The State Fire Marshal shall be qualified to direct the technical and executive work of the agency as determined by the superintendent and shall have education or training related to the programs of the agency and significant experience in managing fire protection or related programs. [Amended by 1963 c.523 §1; 1971 c.753 §54; 1987 c.414 §79; 1993 c.186 §1]

Note: The amendments to 476.020 by section 90, chapter 539, Oregon Laws 2021, become operative July 1, 2023. See section 155a, chapter 539, Oregon Laws 2021. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience.
(1) The Department of the State Fire Marshal is established. The department is under the supervision and control of the State Fire Marshal.

(2) The Governor shall appoint the State Fire Marshal, who holds the office at the pleasure of the Governor. The appointment of the State Fire Marshal is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565.

(3) The State Fire Marshal shall be qualified to direct the technical and executive work of the department as determined by the Governor and shall have education or training related to the programs of the department and significant experience in managing fire protection or related programs.

(4) The State Fire Marshal shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.

(5) Subject to the approval of the Governor, the State Fire Marshal may organize and reorganize the administrative structure of the department as the State Fire Marshal considers appropriate to properly conduct the work of the department.

(6) The State Fire Marshal may divide the functions of the department into administrative divisions. Subject to the approval of the Governor, the State Fire Marshal may appoint an individual to administer each division. The administrator of each division serves at the pleasure of the State Fire Marshal and is not subject to the provisions of ORS chapter 240. Each individual appointed under this subsection must be well qualified by technical training and experience in the functions to be performed by the individual.

Note: Section 155c, chapter 539, Oregon Laws 2021, provides:

Sec. 155c. Between the operative date specified in section 155 of this 2021 Act [July 1, 2022] and the operative date specified in section 155a of this 2021 Act [July 1, 2023]:

(1) Except as otherwise provided in this section, statutory 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.

(2) Duties, functions and powers conferred on the Department of the State Fire Marshal are conferred on the office of the State Fire Marshal in the Department of State Police.

(3) Moneys appropriated to the Department of the State Fire Marshal shall be construed as appropriations to the Department of State Police for purposes of the office of the State Fire Marshal. [2021 c.539 §155c]

Note: Section 96, chapter 539, Oregon Laws 2021, provides:

Sec. 96. The State Fire Marshal on the operative date specified in section 155a of this 2021 Act [July 1, 2023] shall serve as the initial State Fire Marshal at the pleasure of the Governor and without the need for confirmation by the Senate.

[2021 c.539 §96]


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