HomeMy WebLinkAbout3161 Amend Fire Prevention Code
1 ORDINANCE NO. 3161
2 AN ORDINANCE TO AMEND THE ASHLAND FIRE PREVENTION CODE
3 AMC CHAPTER 15.28
4
Annotated to show deletions and additions to the Ashland Municipal Code sections being
5 modified. Deletions are bold lined threngh, and additions are bold underlined.
6
7 WHEREAS, the Fire and Life Safety Division wishes to amend the Ashland Municipal Fire
8 Code to correct typographical errors, bring the code in line with the fee statement, allow the
9 Ashland Police Department to enforce Fire Code violations on private property, provide an
10 exception for the 46' of July Community Aerial Display and bring clarity to the inspection testing
11 and maintenance requirements to the City of Ashland.
12 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
13 SECTION 1. Ashland Municipal Code Section 15.28.010 is amended as follows:
14 Section 15.28.010 Adoption of Oregon Fire Code
15 Except as specifically excluded or modified by this Chapter, the City of Ashland adopts
16 Tthe 2014 Oregon Fire Code and appendices A through D, F through N version,, which ere
17 Wept where speeifiently exeluded OF modified by this , will be
18 referred to in the Ashland Municipal Code as the Oregon Fire Code( OFC"). One copy of the
19 Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
20 SECTION 2. Ashland Municipal Code Section 15.28.030 is amended as follows:
21 15.28.030 Definitions
22 The following definitions govern the construction of this Chapter:
23 1. "Jurisdiction" as used in the Oregon Fire Code, means the City of Ashland ("Ashland").
24 2. "Department of Fire Prevention" as used in the Oregon Fire Code, means 'Tire & Life Safety
25 Division."
26 3. "Fire Code Official", as used in the Oregon Fire Code, means the Division Chief of Fire
27 and Life Safety or designee.
28 34. "Apparatus cost" means the standardized cost, including repairs and depreciation, for the use
29 of Ashland Fire and Rescue ("AF&R") and public works apparatus or equipment, as set forth in
30 adopted regulations of the State Fire Marshal or in City resolution, and the cost for the use of
ORDINANCE NO. 3161 Page 1 of 10
I apparatus or equipment of another jurisdiction which may respond to an incident pursuant to
2 statute or intergovernmental agreement.
3 45. "Direct costs" means those costs of supplies, apparatus and labor incurred by the City or
4 another jurisdiction in responding to an incident and as may be set forth in adopted regulations of
5 the State Fire Marshal or in City resolution.
6 56. "Direct fire or rescue services" means any service provided by employees of the City, (1) to
7 a person whose person or property is injured or threatened with injury; or (2) to a person whose
8 property has injured or threatens to injure another person or another person's property, for which
9 a charge is not otherwise imposed under this code. "Direct fire or rescue services" includes, but
10 is not limited to, the suppression of fires, the rescue of persons or property, the provision of
11 medical assistance, and containment and cleanup of hazardous materials.
12 67. "Indirect costs" means those costs that are set forth in adopted regulations of the State Fire
13 Marshal or in City resolution, and which are the product of the state "average response
14 availability rate," and the time spent responding to an incident, together with the state "average
15 support services cost per incident," as defined by the State Fire Marshal.
16 78. "General costs" means direct or indirect costs that are not attributable to any particular
17 person who received direct fire and rescue services.
18 99. "Gross negligence" means conduct with conscious indifference to or reckless disregard of
19 the rights of others.
20 310. "Labor costs" means the compensation paid by the City to its employees, including but not
21 limited to base pay, overtime pay and fringe benefits, during the time spent responding to an
22 incident.
23 4011. "Railroad right-of-way" means a right-of-way used for rail transportation.
24 4412. "Transportation route" means a roadway or waterway against which no taxes or
25 assessments for fire protection are levied by the City.
26 SECTION 3. Ashland Municipal Code Section 15.28.050 is amended as follows:
27 15.28.050 €Fire Protection System Maintenance
28 Fire protection systems service providers providing inspections, tests, and maintenance required
29 by OFC 901.6., and the referenced standards shall be qualified and shall provide the inspections,
30 tests, and maintenance in accordance with the referenced standards. Failure by a company or
individual service provider to follow the referenced standards is a Class I violation.
ORDINANCE NO. 3161 Page 2 of 10
1 SECTION 4. Ashland Municipal Code Section 15.28.060 is amended as follows:
2 15.28.060 Restricted uses during fire season
3 A. Wh Pm th P Fir-P. C nd a Offidal d eter-in in eq that an in Pressed fire Fisk exists in the City of
4 Ashland, 5 potential for- the ignition of fires that ereate a hazard to Me, propefty or- .
6 The City of Ashland will follow the Oregon Department of Forestry ("ODF") burn
7 restrictions and regulations during fire season. Open flame and fire pits are prohibited at
8 high fire index.
9 Exemption: A seasonal permit for contractors can be obtained for use within the City of
10 Ashland to allow for powered equipment use during fire season. (IE: Landscape,
11 Construction. Etc.). Working on or within an 1/8 of a mile of ODF protected property
12 requires an additional permit issued from ODF.
13 B. The poliey must indiente what netivities are , and the time period for- Whieh
14 the restr4etion witl be in effeet;
15 Q For- the purposes of eansisteney and eoor-dination between all eooper-ating ageneies with
16 boundaries, adjaeent 17 federal, with the Oregon DepaFtment of Forestry and other-
state and loeal goveFfimental
18
19 , exaet uniformity Is
20 not r-eqHiFed.The plan shaH r-eeognizevariations in fire
21 restr-ietions by unique but easily reeognizable geognkphie .
22 D. Per-mits maybe issued by tThe Fire Code Official or designees; may issue a permit which
23 allows a person to conduct a restricted activity as long as specified fire prevention measures are
24, taken to reduce the potential for fire ignition. Contractors, such as those performing
25 landscape or construction work, may obtain a seasonal permit for use within the City to
26 allow for powered equipment used during fire season. Working on or within one eighth of
27 a mile of ODF-protected property requires an additional permit issued by ODF.
28 SECTION 5. Ashland. Municipal Code Section 15.28.070 is amended as follows:
29 15.28.070 Amendments City of Ashland Modifications to the Oregon Fire Code 2014
30 Edition
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1 The Oregon Fire Code is amended in the following r-espeets Ashland Fire Prevention
2 Code incorporates the Oregon Fire Code 2014 edition except that the following referenced
3 OFC sections are modified as set forth below:
4 B. OFC Section 104.6.3 is is modified by the addition of the following language:
5 Fire Investigation Reports for fires that are under investigation will not be released until
6 the investigation is complete. Exception: The Fire Chief may release incomplete' Fire
7 Investigation Reports if warranted.
8 C. OFC Section 106.2 is modified by the addition of the following language:
9 1. Inspections outside of normal business hours: The Fire & Life Safety Division will
10 make every attempt to conduct inspections during normal business hours (Monday
11 thru Friday 8 am to 5 pm). If the applicant or business owner's agent requests an .
12 inspection outside of normal business hours, or if the Fire Code Official determines a
13 permit inspection is required and there is no other alternative but to conduct the
14 inspection outside of normal business hours, the Fire Code Official shall inform the
15 applicant or business agent there will be an after-hours inspection fee of $150.00. The
16 inspection will not be performed until the required fees have been paid.
17 For additional information see City of Ashland Fee Schedule.
18 2. Re-Inspection Fees, each Fire & Life Safety inspection is provided with one
19 additional re-inspection at no additional cost to the business. If a second re-inspection
20 is required, a fee of the base inspection plus $100 shall be assessed. If a third re-
21 inspection is require&a fee of the base inspection plus $200.00 shall be assessed. If a
22 fourth re-inspection is required, a fee of the base plus $400.00 shall be assessed.
23 For additional information see City of Ashland Fee Schedule.
24 D. OFC Section 105.1.1 is modified by the addition of the following language:
25 A schedule of permit and service fees not more than the actual or average cost of
26 providing service shall be established by resolution of the City Council and
27 periodically amended by Council resolution and kept at Ashland Fire & Rescue and
28 in the City Recorder's office. Required permits include, but may not be limited to, the
29 following list:
30 1. Operational Permits:
a. Fireworks, public display of
b. Exhibits and trade shows
ORDINANCE NO. 3161 Page 4 of 10
1 c. Fumigation and thermal insecticidal foggjng
2 d. Liquid or gas-fueled vehicles or equipment in assembly buildings
e. Pyrotechnic and special effects material
3 f. Temporary membrane structures, tents and canopies over 400 square feet
4 g. Activities involving open flames
h. Haunted Houses
5 i. Marijuana processing
6 2. Construction/Use Permits:
a. Automatic fire-extinguishing systems
7 b. Battery Systems
c. Compressed gases
8 d. Fire alarm and detection systems
9 e. Fire Pumps
10 f. Flammable and Combustible Liquid Storage
g. Hazardous Materials
11 h. Industrial Ovens
12 i. LP-gas >125 gallons
J. Private Fire Hydrants
13 k. Spraying or dipping operations
14 1. Standpipe systems
m. Fire Sprinkler Systems
15 E. OFC Section 105.6.30 Open Burning is modified by deleting the current language of this
16 OFC provision entirely and adding the following language: See Ashland Municipal Code
17 10.30.
18 F. OFC Section 503.4 is modified by the addition of the following language:
19 1. The Ashland Police Department shall have the authority to issue fire code citations
20 for the following offenses on public and private properties:
21 a. Obstruction of marked fire apparatus access roads and fire lanes (Ref. OFC
22 503.4; 503.2.1)
23 b. Failure to maintain existing NO PARKING - FIRE LANE signs/markings (ReL
24 OFC 503.3; D103.6)
25 e. Obstruction of fire hydrants and fire protection equipment (Re£ OFC 507.5.4;
26 ORS 811.550 (16))
27
28 BG. OFC Section 506.1. Add the following sentence: The key box shall be installed and
29 maintained in accordance with the manufacturer's instructions, and shall contain keys to gain
30 necessary access as required by the Wire eCode oOfficial.
ORDINANCE NO. 3161 Page 5 of 10
I CH. OFC Section 507.5. 1. Delete and replace with the following: Where required. Where a
2 portion of the facility or building hereafter constructed or moved into or within the jurisdiction is
3 more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved
4 route around the exterior of the facility or building, on-site fire hydrants and mains shall be
5 provided where required by the €Fire eCode oOfficial.
6 Exceptions:
7 1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet.
8 2. For buildings equipped throughout with an approved automatic sprinkler system installed in
9 accordance with Section 903.3:1.1, 903.3.1.2, or 903.3.1.3, the distance requirement shall be 600
10 feet (183 m).
11 ICI. OFC Section 307 is modified by deleting the current language of this OFC provision
12 entirely and adding the following language: Refer to AMC 10.30.
13 Q. OFC Section 901.6= Records: is modified by deleting the current language of this OFC
14 provision entirely and adding the following language:
15 Records of all system inspections, tests, and maintenance (ITM) required by the referenced
16 standards shall be maintained on the premises for a minimum of three years and service
17 contractors shall send reports of tests to the City of Ashland Fire & Life Safety Division within
18 30 days of performing the inspection and test. The manner in which contractors shall submit
19 ITM reports to Ashland Fire & Rescue shall be specified by the Fire Code Official.
20 K. OFC Section 904.1.1 is modified by the addition of the following language:
21 Fire protection system service providers providing inspections, tests, and maintenance
22 required by OFC 901.6 and the referenced standards shall be qualified and shall provide
23 the inspections, tests and maintenance in accordance with the referenced standards.
24 Where the manufacturer requires only manufacturer certified technicians to conduct
25 inspection, testing and maintenance service on their engineered fire protection systems,
26 uncertified technicians shall not service the system. Prior to conducting service in the City
27 of Ashland the technicians shall provide a current manufacturer certification in a manner
28 specified by the Fire Code Official. ,
29 FL. OFC Section 5601.1.3: is modified by the addition of the following language:
30 Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-012-0600 through OAR
ORDINANCE NO. 3161 Page 6 of 10
1 837-012-0675, the sale of retail fireworks as defined in OAR 837-012-0610 is prohibited within
2 the City of Ashland.
3 1. The sale and/or use of retail fireworks as defined in OAR 837-012-0610 is prohibited at
4 all times within the City of Ashland;
5 2. The sale and/or use of sparklers as defined in ORS 480.110 is prohibited at all times;
6 3. The storage of retail fireworks within the City of Ashland is prohibited at all times; and
7 4. The advertising of retail fireworks or sparklers is prohibited within the City of Ashland in
8 accordance with ORS 480.152 and OAR 837-012-0665.
9 5. As a limited exception from the prohibitions in provisions 1 through 4 above, the use
10 of fireworks for public display is allowed in conformance with NFPA 1123 Code for
11 Fireworks Display, current edition, with a valid Ashland Fire & Rescue Fireworks
12 Permit.
13 GM. OFC Section 5601, Storage of Explosives - Prohibited, is modified by the addition of the
14 following language: The scope referred to in Chapter 5601 of the Oregon Fire Code which
15 references the Oregon Revised Statutes and Oregon Administrative Rules related to explosives is
16 amended as follows. The sale, manufacture, possession, transfer and storage of explosives as
17 defined by ORS 480.200(3) are prohibited in all areas within the City of Ashland except as
18 specifically permitted in writing by the Fire Code Official.
19 HN. OFC Section 5704, Above-Ground Storage of Flammable or Combustible Liquids, is
20 modified by the addition of the following language: The limits referred to in Section
21 5704.2.9.6.1 of the Oregon Fire Code in which the storage of flammable or combustible Class I
22 and II liquids in above-ground tanks outside of buildings is restricted are established as follows:
23 All City of Ashland residential and historical district areas as defined in the Comprehensive Plan.
24 All installation and removal of above ground storage units requires an operational permit
25 from Ashland Fire & Rescue. New above-ground bulk storage plants for flammable or
26 combustible liquids are prohibited within this jurisdiction.
27 10. OFC Section 6104, Storage of Liquefied Petroleum Gases - Restricted,. The limits
28 referred to in Section 6104.2 of the Oregon Fire Code, in which storage of liquefied petroleum
29 gas is restricted, are established as follows: All City of Ashland residential and historical district
30 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.
ORDINANCE NO. 3161 Page 7 of 10
1 Exception: In particular installations, this capacity limit shall be determined by the Fire Code
2 Official, after consideration of special features such as topographical conditions, nature of
3 occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection
4 to be provided and capabilities of the City of Ashland Fire & Rescue Department.
5 JP. OFC Appendix A101.11:, is modified by the addition of the following language: A
6 decision by the Ashland Fire Code Official may be appealed to a Board of Appeals
7 established pursuant to Oregon Fire Code Section 108 of the Oregon Fire Code. An
8 appellant aggrieved by the decision of the Board of Appeals may appeal to the Oregon State
9 Fire Marshal as provided in ORS 479.180 if the subject of the appeal concerns a matter
10 governed exclusively by the Oregon Fire Code and the appeal is filed within 10 days of the
11 Board's final order. If an appeal from the decision of the Board of Appeals, however,
12 concerns a matter reserved by this Ashland Fire Prevention Code (Ashland Municipal Code
13 Chapter 15.28) for local decision-making, such an appeal must be submitted in writing to the
14 Ashland City Council within 10 days of the Board's final order. A decision by the City
15 Council shall be the final decision of the City and may not be appealed to the State Fire
16 Marshal.
J
17 K_Q. OFC Appendix D105.1 Aerial Fire Apparatus Access Roads. Remove and r-ep
18 DI-054 with- the feflowin & is modified b deleting the current language of this OFC
19 provision entirely and adding the following language:: Where required. Buildings or
20 portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire
21 department vehicle access shall be provided with approved fire apparatus access roads
22 capable of accommodating fire department aerial apparatus.) Where the vertical distance
23 between the grade plane and the highest roof surface exceeds 24 feet approved aerial fire
24 access roads shall be provided. For the purposes of this section, the highest roof surface
25 shall be determined by measurement to the cave of a pitched roof, the intersection of the
26 roof to the exterior wall, or the top of parapet walls, whichever is greater. Overhead utility
27 and power lines shall not be located within the aerial fire apparatus access roadway or between
28 the aerial fire access road and the building.
is modified b
29 1;R. OFC Appendix D105.2, Remove and replare D105.2 with the fell
30 deleting the current language of this ofe provision entirely and adding the following
language: Width. Fire apparatus access roads shall have a minimum unobstructed width of 26
ORDINANCE NO. 3161 Page 8 of 10
I feet in the immediate vicinity of any building or portion of building more than 24 feet in height.
2 (Ord. 3059, amended, 04/17/2012; Ord. 3037, amended, 09/07/2010; Ord. 3006, amended,
3 03/02/2010; Ord. 2944, amended, 11/06/2007; Ord. 2932, amended, 10/18/2006; Ord. 2929,
4 amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended, 01/05/2006; Ord.
5 2876, amended, 09/04/2001; Ord. 2871, amended, 08/07/2001; Ord. 3104, amended, 2014)
6
7 SECTION 6. Ashland Municipal Code Section 15.28.090 is amended as follows:
8 15.28.090 New Materials, Processes, or Occupancies - Permits required
9 The Building Official, the Fire Chief and the Fire Marshal shall act as a committee to determine
10 and specify, after giving affected persons an opportunity to be heard, any new materials,
11 processes or occupancies for which permits are required in addition to those now enumerated in
12 the Oregon Fire Code. The Building Official, in accordance with section 104.9 of the Oregon
13 Structural Specialty Code, shall record and enter in the files of the building department any
14 action granting approval of new or alternate materials.
15 SECTION 7. Ashland Municipal Code Section 15.28. 100 is amended as follows:
16 15.28.100 Penalties
17 A. Any person violating or causing violation of any of the provisions of this chapter, has
18 committed a Class I violation, and upon conviction thereof, is punishable as prescribed in
19 Section 1.08.020 of the Ashland Municipal Code. Such person, firm or corporation is guilty of a
20 separate violation for each and every day during which any violation of this Chapter is
21 committed or continued by such person, firm or corporation. This violation can be
22 retroactively applied to the first day the occupant or owner was made aware of the
23 violation by the Fire Code Official.
24 B. For any violations of this Chapter deemed to be life threatening, a citation can be issued for
25 -each and every occurrence, including multiple occurrences in one day. Life threatening hazards
26 include but are not limited to overcrowding, locking or obstructing doors designated to remain
27 unlocked, and shutting off or removing designated fire protection equipment.
28 C. The application of the above penalty shall not be held to prevent the enforced removal of
29 prohibited conditions.
30 SECTION 8. Ashland Municipal Code Section 15.28.160 is amended as follows:
15.28.160 Code Compliance Inspection - Fees
ORDINANCE NO. 3161 Page 9 of 10
1 The schedule for fire code compliance inspections shall be established by resolution of the City
2 council.
3 SECTION 9. Codification. In preparing this ordinance for publication and distribution, the
4 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
5
6 such limitations, may:
7 (a) Renumber sections and parts of sections of the ordinance;
8 (b) Rearrange sections;
9 (c) Change reference numbers to agree with renumbered chapters, sections or other parts;
10 (d) Delete references to repealed sections;
11 (e) Substitute the proper subsection, section, or chapter numbers;
12 (f) Change capitalization and spelling for the purpose of uniformity;
13 (g) Add headings for purposes of grouping like sections together for ease of reference; and
14 (h) Correct manifest clerical, grammatical, or typographical errors.
15 SECTION 10. Severability. Each section of this ordinance, and any part thereof, is severable,
16 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
17 remainder of this ordinance shall remain in full force and effect.
18 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
19 of the City Charter on the 15th day of January, 2018, and duly PASSED and ADOPTED this 5th
20 day of February, 2018.
21
22
23 Melissa Huhtala, City Recorder
24
25 SIGNED and APPROVED this 6 day of February, 2018.
26 -
27 , . ~
(Jo Stromberg, Mayor
28
29 Revie d as to form:
30 ~
cam.--
avid H. Lo an, City Attorney
ORDINANCE NO. 3161 Page 10 of 10