HomeMy WebLinkAbout3104 Oregon Fire Code Adoption
ORDINANCE NO. I D
AN ORDINANCE RELATING TO ADOPTION OF THE OREGON
FIRE CODE AND AMENDING AMC CHAPTER 15.28
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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 (1975);
WHEREAS, the State of Oregon has adopted the 2012 edition of the International Fire
Code, as amended by the Office of State Fire Marshal, as the 2014 Oregon Fire Code;
WHEREAS, the City wishes to adopt the new code and make additional amendments to its
Fire Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.010 [Adoption of Oregon Fire Code] is hereby amended to
read as follows:
15.28.010 Adoption of Oregon Fire Code
The 21-0 2014 Oregon Fire Code and appendices A through D, F, H, I, J, K-N I
SR are hereby adopted, except where specifically excluded or modified by this
section, will be referred to in the Ashland Municipal Code as the Oregon Fire Code.
One copy of the Oregon Fire Code and appendices shall be filed in the office of the
City Recorder.
SECTION 2.
15.28.050 Fire Protection System Maintenance
Fire protection systems service providers providing inspections, tests, and
maintenance required by OFC 901.6 and the referenced standards shall be
qualified and shall provide the inspections, tests, and maintenance in
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accordance with the referenced standards. Failure by a company or individual
service provider to follow the referenced standards is a Class I violation.
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 105.6.30 Open Burning. Delete and replace with the following: See
Ashland Municipal Code 10.30.
B.-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.
C. 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, 903.3.1.2, or 903.3.1.3, the distance
requirement shall be 600 feet (183 m).
D. Section 307 Delete and replace with the following: Refer to AMC 10.30.
E. Section 901.6 Records. Records of all system inspections, tests, and maintenance
required by the referenced standards shall be maintained on the premises for a
minimum of three years and service contractors shall send reports of tests to the
City of Ashland Fire & Life Safety Division within 30 days of performing the
inspection and test. request.
be eopied to the fire eode offleial upon F. C-. Section 33015601.1.3: Notwithstanding ORS 480.110 through ORS 480.165
and OAR 837-012-0600 through OAR 837-012-0675, the sale of retail fireworks as
defined in OAR 837-012-0610 is prohibited within the City of Ashland.
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.
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G. B. Section 330-15601 Storage of Explosives - Prohibited. The scope referred to in
Chapter 3301.1 5601 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
except as specifically permitted in writing by the Fire Code Official.
H. E-. Above-ground Storage of Flammable or Combustible Liquids
The limits referred to in Section 3404~v .2.9.6.15704.2.9.6.1 of the Oregon Fire Code
in which the storage of flammable or combustible Class I and II 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.
I. F. Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 6104.2 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 & Rescue Department. Life Safety
Divisioft.
J. H-. Appendix A1010.11 - 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.
K. Appendix D 105 - Aerial Fire Apparatus Access Roads
Remove and replace D105.1 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.
L. 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.
SECTION 3. 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.
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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 ordinance(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. 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 3-5)
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 ac ordance with Article X,
Section 2(C) of the City Charter on the day of , 2014
and duly ASSED and ADOPTED this day of , 2014.
r
lffarbara M. Christensen, City Recorder
SIGNED and APPROVED this 7 day o , 2014.
o Stromberg, Mayor
Revie d as to form:
David Lohman, City Attorney
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