(2) The exemption from liability provided by subsection (1) of this section does not apply to any injury to persons or property resulting from willful misconduct or gross negligence.
(3) An employee of a forest protective association, or a person acting as an agent of a forest protective association, is an agent of a public body acting within the scope of their duties for purposes of ORS 30.260 to 30.300, if the person:
(a) Engages in fire fighting activities occurring on lands located outside of the forest protection district in which the association is located; and
(b) Acts under the direction and control of the forester. [2003 c.54 §2; 2005 c.105 §1; 2007 c.808 §4; 2016 c.69 §1]