FILE - View of I-5 from London Peak Scenic Overlook, May 2, 2017
Courtesy of Greg Shine / Bureau Of Land Management
The Oregon Land Use Board of Appeals has reversed a change to fire protection requirements implemented by the Josephine County Commissioners.
Last February, county commissioners relaxed local fire protection requirements, so that some homeowners no longer had to prove they were included in a fire district to protect their home in case of fire.
The Ashland land-use nonprofit Rogue Advocates appealed that decision, arguing it violates both state law and the county’s own goals for reducing fire risk.
That argument was upheld by the land use board last Friday. In the board’s opinion, it said that the county needs to require new home construction and major renovations to prove they have fire protection.
The board found that the county was wrong in saying that forest fire protection already provided to homeowners by the Oregon Department of Forestry meets the state’s requirement. ODF has stated that they provide fire protection on forestlands, not protection of buildings.
“The county’s reading of the JCC [Josephine County Code] 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,” the board said.
The opinion refers to the chapter of county code changed by commissioners earlier this year. The chapter is intended to, “Reduce threats to human life and safety, to structures and to wild lands, and to improve access in emergencies.”
Related: Josephine County residents renew calls for fire protection in unincorporated communities
During oral arguments on June 18, Assistant County Counsel Stephanie Nuttall said the county agrees that houses should have some form of protection, which is the goal of the other sections of the chapter. They argued that the section they changed was under the purview of ODF.
The decision to change the code by county commissioners is related to ongoing struggles to provide fire protection for around 35,000 rural Josephine County residents, who don’t live within a fire district.
Because the changes were reversed, the original requirements are now back in effect. Homeowners will again have to prove they either live in a fire district, pay for protection from a private firefighting company or have a plan and equipment needed to fight a fire on their own.