1. (1) Pursuant to ORS 477.645, any persons operating an internal combustion engine during fire season, on, or within one-eighth of one mile of a forest protection district, must equip and maintain the engine with a spark arrester, which is;

   1. (a) In good operating condition, and
   2. (b) Listed in the most recent edition of a publication of the National Wildfire Coordinating Group and the U.S.D.A. Forest Service, entitled "Spark Arrester Guide".

2. (2) The following are exempt from the requirements of section (1) of this rule:

   1. (a) Fully turbo-charged engines which are maintained in good operating condition;
   2. (b) Engines in motor vehicles operating on improved roads which are equipped with a muffler and an exhaust system;
   3. (c) Engines in light trucks which are equipped with a muffler and an exhaust system;

   4. (d) Engines in heavy trucks which are equipped with a muffler and an exhaust system which:

      1. (A) Extends at least to the end of the truck frame and discharges to the rear; or
      2. (B) Extends above the cab of the truck and discharges upward or to the rear.
   5. (e) Engines of 50 cubic inch displacement or less which are equipped with a muffler and an exhaust system;
   6. (f) Water pumping equipment used exclusively for fighting fire.

3. (3) Engines in all-terrain vehicles and motorcycles are exempt from section (1) of this rule if equipped with:

   1. (a) A muffler and an exhaust system; or

   2. (b) A screen which completely encloses exhaust system openings and which is:

      1. (A) Heat and corrosion resistant; and
      2. (B) Which has no openings greater than .023 inch diameter.
4. (4) Power saws are exempt from this rule, but are separately regulated by OAR 629-043-0036.
5. (5) All exhaust systems, mufflers and screens referred to in this rule must be kept in good operating condition.

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

   NOTE: Use of any of the above mentioned equipment may be further regulated or prohibited during fire season through the application of industrial or regulated use closures (ORS 477.535–.550)

   [Publications: The publication(s) referred to are available at:

   https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/]

Statutory/Other Authority

ORS 477.645

Statutes/Other Implemented

ORS 477.645

History

DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 28, f. 2-14-72, ef. 7-1-72
FB 17, f. & ef. 5-12-68