HomeMy WebLinkAbout3059 Fireworks Repealing 10.24 AMND 15.28.050 & 15.28.100 ORDINANCE NO. 3 OS
AN ORDINANCE REPEALING AMC CHAPTER 10.24 FIREWORKS AND
AMENDING AMC CHAPTERS 15.28.070 AMENDMENTS TO THE
OREGON FIRE CODE AND 15.28.100 PENALTIES
Annotated to show de'°Nand additions to the code sections being modified. Deletions are
bold#ned4hreugh and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above-referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1875).
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in Ashland;
WHEREAS, the City can best protect against fires caused by fireworks by prohibiting fireworks
in the City limits; and
WHEREAS, life-threatening code violations need to be stopped immediately and shall not
continue or be repeated within the same day.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC Chapter 10.24 [Fireworks] is hereby repealed as follows:
10.24 Fireworks
10.24.010 Adoption of state fir-e-wor-liq Im.A.,
Seefions 480. 110 through 480.170 of the Oregon Revised Stntutes are adopted and
10 24 020 Penalty fer violation
Any per-son who vioIntes any provision of this Chapter-shall be punished as set forth
--n- Seetio-n— 1.0-8.020 of the Ashland Munieipal Code.
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SECTION 2. AMC Chapter 15.28.070 [Amendments to the Oregon Fire Code] is hereby
amended as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
Oregon Fire Code section 105.6.30 Open Burning. Delete and replace with the following: See
Ashland Municipal Code 10.30.
A. Section 506.1 Add the following sentence: The key box shall be installed and
maintained in accordance with the manufacturer's instructions, and shall contain keys to
gain necessary access as required by the fire code official.
B. Section 507.5.1 Delete and replace with the following: Where required. Where a portion
of the facility or building hereafter constructed or moved into or within the jurisdiction is
more than 300 feet from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and
mains shall be provided where required by the fire code official.
Exceptions:
1. For Group R-3 and Group U occupancies,the distance requirement shall be 300 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet(183 m).
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR
837-012-0600 through OAR 837-012-0675, the stile of retail firewor-lis fis
defined- in 0- A_R 837 012 0610 is the following are prohibited within the City of
Ashland : 'P{.e use of_etad fire -.,._k.. with:- the City is pr- hib a
1. The sale and/or use of retail fireworks as defined in OAR 837-012-
0610 is prohibited at all times:
2. The sale and/or use of sparklers as defined in ORS 480.110 is
Prohibited at all times:
3. The use of retail fireworks within the City is prohibited at all times;
and
4. The advertising of retail fireworks or sparklers is prohibited within
the City of Ashland in accordance with ORS 480.152 and OAR 837-
012-0665.
D. Section 3301 Storage of Explosives - Prohibited. The scope referred to in Chapter
3301.1 of the Oregon Fire Code which references the Oregon Revised Statutes and
Oregon Administrative Rules related to explosives is amended as follows. The sale,
manufacture, possession, transfer and storage of explosives as defined by ORS 480.200
(3)are prohibited in all areas within the City of Ashland.
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E. Above-ground Storage of Flammable or Combustible Liquids.
The limits referred to in Section 3404.2.9.6.1 of the Oregon Fire Code in which the
storage of flammable or combustible Class I and 11 liquids in above-ground tanks outside
of buildings is restricted are established as follows: All City of Ashland residential and
historical district areas as defined in the Comprehensive Plan.
F. Storage of Liquefied Petroleum Gases- Restricted.
The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage of
liquefied petroleum gas is restricted, are established as follows: All City of Ashland
residential and historical district areas as defined in the Comprehensive Plan are limited
to the aggregate capacity of anyone installation shall not exceed a water capacity of 500
gallons.
1. Exception: In particular installations, this capacity limit shall be determined by
the Fire Code Official, after consideration of special features such as
topographical conditions, nature of occupancy, and proximity to buildings,
capacity of proposed containers, degree of fire protection to be provided and
capabilities of the City of Ashland Fire & Life Safety Division.
G. Appendix D 105—Aerial Fire Apparatus Access Roads.
Remove and replace DI 05.1 with the following: Where required. Buildings or portions
of buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway.
Remove and replace D105.2 with the following: Width. Fire apparatus access roads shall
have a minimum unobstructed width of 26 feet in the immediate vicinity of any building
or portion of building more than 24 feet in height.
H. Appendix A 10 10.11 - If the complainant or appellant is aggrieved by the final order of
the Ashland Board of Appeals, the complainant may file an appeal to the Oregon State
Fire Marshal's Office within 10 days of the Board's final order.
SECTION 3. AMC Chapter 15.28.100 [Penalties] is hereby amended as follows:
15.28.100 Penalties
A. Any personmhe-vielates violating or causing violation of any of the provisions
of this chapter;has committed a Class I violation, and upon conviction
thereof, is punishable as prescribed in Section 1.08.020 of the Ashland
Municipal Code. Such person, firm or corporation is guilty of a separate
violation for each and every day during which any violation of this Chapter
is committed or continued by such person, firm or corporation.the Oregon
Fire Code as adopted in this ehapter- or-who shall violate or-faii to eompb,
with any order-made thereunder-, or-who shall build in'An-lation of RH3
Page 3 of 5'
taken,statem-eat of speeifleations or plans submitted and approved
thereunder-, or-any eeMfieate or- permit issued thereunder-, and fFom whieh
no appen! has been or-who shall fiail to eomply with sueh an order-as
affivined or- modified by the Ashland Appeals Bonrd or- by a eourt o
eompetent f within the time fixed herein, shall sever-ally for
and every sueh violation and f respeetively, be guilty of-a
violation punishable by a fine as set fof4h in Ashland Mun-e-pal Code5
Seetion 1.08.020. The imposition of one penalty for finy violation shall
exeuse the violation or- permit it to required to eo�rr-eet or remedy sueh violations or defeets within a reasonable
time; and when not otherMse f and all sueh peFsons shall
f eneh ten days that prohibited
B. For any violations of this Chapter deemed to be life threatening, a citation
can be issued for each and every occurrence, including multiple occurrences
in one day. Life threatening hazards include but are not limited to
overcrowding, locking or obstructing doors designated to remain unlocked,
and shutting off or removing designated fire protection equipment.
14C. The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
SECTION 4. Savings. Notwithstanding this amendment/repeal,the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative.• This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-6) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in Fcordpce with Article X,
Section 2(C) of the City Charter on the day of 2012,
and d PASSED and ADOPTED this day of 2012.
arbara M. Christensen, City Recorder
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SIGNED and APPROVED this�day of , 2012.
J hn Stromberg, Mayor
Reviewe s to form:
Dav d H. Lohman, City Attorney
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