HomeMy WebLinkAbout2645 Amends 15.28 Fire Code StandardsORD T N~q'CE NO.
AN ORDINANCE AMENDING CHAPTER 15.28 OF THE ASHLAND MUNICIPAL
CODE BY ADOPTING THE 1988 UNIFORM FIRE CODE STANDARDS WITH
CERTAIN MODIFICATIONS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28 of the Ashland Municipal Code is hereby
amended in its entirety and shall read as follows:
Chapter 15.28
FIRE PREVENTION CODE
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
Adoption of Code and Standards
Establishment of Fire Prevention Bureau
Definitions
Above Ground Storage of Flammable or Combustible
Liquids
Storage of Liquid Petroleum Gas Restricted
Storage of Explosives Prohibited
Amendments to Uniform Fire Code
Appeals
New Materials, Processes or Occupancies - Permit
Required
Penalties
Severability
Firefighting Outside City - Authorized
Firefighting Outside City - Resources
Firefighting Outside City - Assessment
15.28.010 Adoption Of Uniform Fire Code And Uniform Fire Code
Standards. There is hereby adopted by the City of Ashland for the
purpose of prescribing regulations governing conditions hazardous to
life and property from fire or explosion, that certain Code and
Standards known as the Uniform Fire Code, including Appendix Chapters
l-A, l-C, II-A, II-B, III-A, III-B, III-C, V-A, V-B, VI-A, VI-B, VI-C,
VI-D, and the Uniform Fire Code Standards published by the Western
Fire Chiefs Association and the International Conference of Building
Officials, being particularly the 1988 editions thereof and the whole
thereof, save and except such portions as are hereinafter deleted,
modified or amended by Section 15.28.070 of this ordinance three (3)
copies of which Code and Standards have been and are now filed in the
office of the clerk of the City of Ashland and the same are hereby
adopted and incorporated as fully as if set out at length herein, and
from the date on which this ordinance shall take effect, the provision
thereof shall be controlling within the limits of the City of Ashland.
15.28.020 Establishment of Fire Prevention Bureau.
A. The Uniform Fire Code shall be enforced by the bureau of fire
prevention in the Fire Department of the City of Ashland which is
hereby established and which shall be operated under the supervision
of the Chief of the Fire Department.
B. The Fire Marshal in charge of the bureau of fire prevention shall
be appointed by the Fire Chief of the city of Ashland on the basis of
examination to determine their qualifications.
c. The Chief of the Fire Department may detail such members of the
Fire Department as inspectors as shall from time to time be necessary.
The Chief of the Fire Department shall recommend to the City
Administrator of the City of Ashland the employment of technical
inspectors who, when such authorization is made, shall be selected
through an examination to determine their fitness for the position.
The examination shall be open to members and nonmembers of the Fire
Department, and appointments made after examination shall be for an
indefinite term with removal for cause.
15.28.030 Definitions. A. Wherever the word "jurisdiction" is used
in the Uniform Fire Code, it is the City of Ashland. Wherever the
words "Chief of the Bureau of Fire Prevention" are used, they shall be
held to mean "Fire Marshal."
15.28.040 Above-ground Storage of Flammable or Combustible Liquids.
The limits referred to in Section 79.501 of the Uniform Fire Code in
which the storage of flammable or combustible liquids is restricted
are hereby established as follows: All City of Ashland residential
and historical district areas as defined in the Comprehensive Plan.
15.28.050 Storage of Liquefied Petroleum Gases - Restricted. The
limits referred to in Section 82.103(a) of the Uniform Fire Code, in
which storage of liquefied petroleum gas is restricted, are hereby
established as follows: All City of Ashland residential and
historical district areas as defined in the Comprehensive Plan.
15.28.060 Storage of Explosives - Prohibited. The limits referred to
in Section 77.201(L) of the Uniform Fire Code, in which storage of
explosives and blasting agents is prohibited, are hereby established
as follows: All areas within City of Ashland limits.
15.28.070 Amendments to the Uniform Fire Code. The Uniform Fire Code
is amended and changed in the following respects:
A. Section 10.301(c): Delete subsection (c), (1), (2) in their
entirety and replace with new subsection (c) as follows: "An approved
water supply capable of supplying the required fire flow as determined
by Appendix III-A of the Uniform Fire Code shall be provided to all
premises upon which buildings or portions of buildings are hereafter
constructed. When any portion of the building protected is in excess
of 150 feet from a water supply on a public street, as measured by an
approved route around the exterior of the building, there shall be
provided on-site fire hydrants and mains capable of supplying the fire
flow as required by Appendix III-A of the Uniform Fire Code. Such
fire hydrants shall be accessible for use by fire apparatus.
B. Section 14.106(a): Delete entire paragraph and replace with the
following: "All required fire alarm, detection, and extinguishing
systems shall be inspected by a qualified technician and maintained in
accordance with the Uniform Fire Code and NFPA national standards.
When inspection, testing and maintenance is performed, the technician
will attach a tag or certificate to the system control panel
indicating (1) work performed, (2) date of work performed, and (3)
identification of party performing work.
C. Section 79.115 is deleted in its entirety.
D. Appendix III-A(4): Replace the first sentence as follows:
Notwithstanding the requirements in Appendix III-A of the Uniform Fire
Code, within the City of Ashland the minimum fire flow requirements
for one and two-family dwellings shall be 750 gallons per minute.
E. Section 10.207(h) Turnarounds:
feet in length.
Change 150 feet in length to 250
15.28.080 Appeals. Whenever the Chief disapproves an application or
refuses to grant a permit applied for, or when it is claimed that the
provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the Chief to the Ashland
Appeals Board within 30 days from the date of the decision appealed.
15.28.090 New Materials, Processes, or Occupancies - Permits
Required. The Building Official, the Chief and the Chief of the
Bureau of Fire Prevention shall act as a committee to determine and
specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies for which permits are required
in addition to those now enumerated in said code. The Building
Official, in accordance with Section 105 of the Uniform Building Code,
shall record and enter in the files of the code enforcement agency any
action granting approval of new or alternate materials.
15.28.100 Penalties. A. Any person who shall violate any of the
provisions of this Code or Standards hereby adopted or fail to comply
therewith, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no appeal has
been taken, or who shall fail to comply with such an order as affirmed
or modified by the Ashland Appeals Board or by a court of competent
jurisdiction, within the time fixed herein, shall severally for each
and every such violation and noncompliance, respectively, be guilty of
a misdemeanor, punishable by a fine as set forth in Ashland Municipal
Code, Section 1.08.020. The imposition of one penalty for any
violation shall not excuse the violation or permit it to continue: and
all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise
specified, each ten days that prohibited conditions are maintained
shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
15.28.110 Severability. The City of Ashland hereby declares that
should any section, paragraph, sentence or word of this ordinance or
of the Code or Standards hereby adopted be declared for any reason to
be invalid, it is the intent of the City of Ashland that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared invalid.
15.28.120 Firefighting Outside City - Authorized. In accord with ORS
476.290, the Fire Chief or his/her representative is authorized to
extinguish uncontrolled fires that are found to be burning in
unprotected areas situated outside the boundaries of the City and that
are causing or may cause an undue jeopardy to life or property if, in
the opinion of the Fire Chief or his/her representative, such fire is
causing or may cause an undue jeopardy to life or property. (Ord.
1698 S1, 1971)
15.28.130 Firefighting Outside City - Resources. In extinguishing a
fire pursuant to Section 15.28.120, the Fire Chief or his/her
representative may employ the same means and resources used by them to
extinguish similar fires within the City. (Ord. 1698 S2, 1971)
115.28.140 Firefighting Outside City - Assessment. Whenever a fire
is extinguished or attempted to be extinguished pursuant to the terms
of this chapter, the owner of the property involved in such fire shall
be billed for the cost of providing such fire suppression service, a
minimum fee of $250.00 and not to exceed $500.00 to any one landowner,
on forms furnished by the State Fire Marshal for such purposes. The
cost of such fire suppression service shall be in accord with the
State Standardized Costs Schedule which has been approved by the State
Fire Marshal and which is as follows:
A. One-hundred fifty dollars ($150.00) for each piece of apparatus
for the first hour or fraction thereof;
B. One-hundred fifty dollars ($150.00) for each piece of apparatus
per hour following first hour, broken down to the fractional portion
of this charge for each fraction of an hour after the first hour;
C. Ten dollars ($10.00) per hour per person (minimum charge is one
(1) hour) for each person responding to and performing service at the
scene of the fire emergency to be billed on a fractional basis after
the first hour for any fractional portions of hours of service. (Ord.
1698 S3, 1971; Ord. 2154 S1, 1981)
The foregoing ordinance was first read by title only in accordance
with Article X, Section 2(C) of the City Charter on the 3rd day of
September, 1991, and duly PASSED and ADOPTED this /f~ day of
September, 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this ~[day of /~-~?~:~-~ 1991.
Catherine M. Golden
Mayor
council\new.ord\firecode