The Oregon Land Use Board of Appeals has reversed a change to fire protection requirements implemented by the Josephine County Commissioners.
As reported by Roman Battaglia for Jefferson Public Radio, last February, county commissioners had relaxed local fire protection requirements.
This change meant that some homeowners were no longer required to prove their inclusion in a fire district to protect their homes in case of fire.
The non-profit organization Rogue Advocates appealed this decision, arguing that it violated both state law and the county’s goals for reducing fire risk.
The Land Use Board of Appeals upheld the argument last Friday, stating that the county must require new home construction and major renovations to demonstrate fire protection.
The board found the county’s claim that forest fire protection provided by the Oregon Department of Forestry (ODF) met the state’s requirement to be incorrect.
ODF clarified that their protection services cover forestlands, not buildings.
In its opinion, the board stated: “The county’s reading of the JCC to not reflect a concern with protecting structures is inconsistent with the stated intent of the chapter to reduce threats to human life and safety and to structures, as well as wildlands.”
This opinion references the county code chapter that was changed by commissioners earlier this year.
The chapter’s intent is to reduce threats to human life and safety, structures, and wildlands, and to improve emergency access.
During oral arguments on June 18, Assistant County Counsel Stephanie Nuttall mentioned that the county agrees houses should have some form of protection, which is the goal of other sections of the chapter.
However, they argued that the section they changed was under the purview of ODF.
The decision to change the code relates to ongoing challenges in providing fire protection for approximately 35,000 rural Josephine County residents who do not live within a fire district.
With the reversal of these changes, the original requirements are now back in effect.
Homeowners must prove they either live in a fire district, pay for protection from a private firefighting company, or have a plan and the necessary equipment to fight a fire independently.
