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ORDINANCE BILL NO.3186
AN ORDINANCE TO AMEND THE ASHLAND FIRE PREVENTION CODE;
REPEALING AND REPLACING AMC CHAPTER 15.28
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold , and additions are bold underlined.
WHEREAS, the Fire and Life Safety Division wishes to amend the Ashland Municipal Fire
Code to adopt the current fire code edition, allow the Ashland Police Department to enforce Fire
Code Violations on private property by citing or towing unoccupied vehicles on private property
creating a hazard to the community, and to prohibit On Demand Mobile Fueling Operations.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 15.28.010 Adoption of Oregon Fire Code
Except as specifically excluded or modified by this chapter, the City of Ashland adopts the 2019
Oregon Fire Code and appendices A through N and Q and R ", F, U 4, r and4r +6.eugh N,
which will be referred to in the Ashland Municipal Code as the Oregon Fire Code ("OFC"). One
(1) copy of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
(Ord. 3161 § 1, amended, 02/05/2018; Ord. 3104, amended, 2014; Ord. 3037, amended,
09/07/2010; Ord. 2944, amended, 11/06/2007; Ord. 2929, amended, 08/18/2006; Ord. 2925,
amended, 04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 2. 15.28.020 Establishment of Duties
The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the Oregon Fire
Code. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006
SECTION 3. 15.28.030 Definitions
The following definitions govern the construction of this chapter:
A. "Jurisdiction," as used in the Oregon Fire Code, means the City of Ashland ("Ashland").
B. "Department of Fire Prevention," as used in the Oregon Fire Code, means "Fire and Life
Safety Division."dd
C. "Fire Code Official," as used in the Oregon Fire Code, means the Division Chief of Fire and
Life Safety or designee.
D. "Apparatus cost" means the standardized cost, including repairs and depreciation, for the use
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of Ashland Fire and Rescue ("AF&R") and public works apparatus or equipment, as set forth in
adopted regulations of the State Fire Marshal or in City resolution, and the cost for the use of
apparatus or equipment of another jurisdiction which may respond to an incident pursuant to
statute or intergovernmental agreement.
E. "Direct costs" means those costs of supplies, apparatus and labor incurred by the City or
another jurisdiction in responding to an incident and as may be set forth in adopted regulations of
the State Fire Marshal or in City resolution.
F. "Direct fire or rescue services" means any service provided by employees of the City (1) to a
person whose person or property is injured or threatened with injury; or (2) to a person whose
property has injured or threatens to injure another person or another person's property, for which
a charge is not otherwise imposed under this code. "Direct fire or rescue services" includes, but
is not limited to, the suppression of fires, the rescue of persons or property, the provision of
medical assistance, and containment,and cleanup of hazardous materials.
G. "Indirect costs" means those costs that are set forth in adopted regulations of the State Fire
Marshal or in City resolution, and which are the product of the state "average response
availability rate" and the time spent responding to an incident, together with the state "average
support services cost per incident," as defined by the State Fire Marshal.
H. "General costs" means direct or indirect costs that are not attributable to any particular
person who received direct fire and rescue services.
I. "Gross negligence" means conduct with conscious indifference to or reckless disregard of the
rights of others.
J. "Labor costs" means the compensation paid by the City to its employees, including but not
limited to base pay, overtime pay and fringe benefits, during the time spent responding to an
incident.
K. "Railroad right-of-way" means a right-of-way used for rail transportation.
L. "Transportation route" means a roadway or waterway against which no taxes or assessments
for fire protection are levied by the City. (Ord. 3161 § 2, amended, 02/05/2018; Ord. 3081,
amended, 04/02/2013)
SECTION 4. 15.28.050 Fire Protection System Maintenance
Fire protection systems service providers providing inspections, tests, and maintenance required
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by OFC 901.6 and the referenced standards shall be qualified and shall provide the inspections,
tests, and maintenance in accordance with the referenced standards and section 108.3. Failure by
a company or individual service provider to follow the referenced standards is a Class I violation.
(Ord. 3161 § 3, amended, 02/05/2018; Ord. 3104, amended, 2014)
SECTION 5. 15.28.060 Restricted Uses During Fire Season
A. The City of Ashland will follow the Oregon Department of Forestry ("ODF") burn
restrictions and regulations during fire season. Open flame and fire pits are prohibited at high fire
index.
Exemption: A seasonal permit for contractors can be obtained for use within the City of Ashland
to allow for powered equipment use during fire season (i.e., landscape, construction, etc.).
Working on or within one -eighth (1/8) of a mile of ODF-protected property requires an
additional permit issued from ODF.
B. The Fire Code Official or designees may issue a permit which allows a person to conduct a
restricted activity as long as specified fire prevention measures are taken to reduce the potential
for fire ignition. Contractors, such as those performing landscape or construction work, may
obtain a seasonal permit for use within the City to allow for powered equipment used during fire
season. Working on or within one -eighth (1 /8) of a mile of ODF-protected property requires an
additional permit issued by ODF. (Ord. 3161 § 4, amended, 02/05/2018; Ord. 3037, amended,
09/07/2010; Ord. 2944, amended, 11/06/2007; Ord. 2929, amended, 08/18/2006; Ord. 2925,
amended, 04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 6.15.28.070 City of Ashland Modifications to the Oregon Fire Code 20192,w
Edition
Ashland Fire Prevention Code incorporates the Oregon Fire Code 2014 Edition except that the
following referenced OFC sections are modified as set forth below:
A. OFC Section 104.6.3 is modified by the addition of the following language:
Fire Investigation Reports for fires that are under investigation will not be released until the
investigation is complete. Exception: The Fire Chief may release incomplete Fire Investigation
Reports if warranted.
B. OFC Section 106.2 is modified by the addition of the following language:
1. Inspections outside of normal business hours: The Fire & Life Safety Division will make
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every attempt to conduct inspections during normal business hours (Monday thru Friday 8 am to
5 pm). If the applicant or business owner's agent requests an inspection outside of normal
business hours, or if the Fire Code Official determines a permit inspection is required and there
is no other alternative but to conduct the inspection outside of normal business hours, the Fire
Code Official shall inform the applicant or business agent there will be an after-hours inspection
fee of $150.00. The inspection will not be performed until the required fees have been paid.
For additional information see City of Ashland Fee Schedule.
2. Re -Inspection Fees, each Fire & Life Safety inspection is provided with one additional re -
inspection at no additional cost to the business. If a second re -inspection is required, a fee of the
base inspection plus $100 shall be assessed. If a third re -inspection is required, a fee of the base
inspection plus $200.00 shall be assessed. If a fourth re -inspection is required, a fee of the base
plus $400.00 shall be assessed.
For additional information see City of Ashland Fee Schedule.
C. OFC Section 105.1.1 is modified by the addition of the following language:
A schedule of permit and service fees not more than the actual or average cost of providing
service shall be established by resolution of the City Council and periodically amended by
Council resolution and kept at Ashland Fire & Rescue and in the City Recorder's office.
Required permits include, but may not be limited to, the following list:
1. Operational Permits:
a. Fireworks, public display of
b. Exhibits and trade shows
c. Fumigation and thermal insecticidal fogging
d. Liquid or gas -fueled vehicles or equipment in assembly buildings
e. Pyrotechnic and special effects material
f. Temporary membrane structures, tents and canopies over 400 square feet
g. Activities involving open flames
h. Haunted Houses
i. Marijuana processing
2. Construction/Use Permits:
a. Automatic fire -extinguishing systems
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b. Battery Systems
c. Compressed gases
d. Fire alarm and detection systems
e. Fire Pumps
f Flammable and Combustible Liquid Storage
g. Hazardous Materials
h. Industrial Ovens
i. LP -gas >125 gallons
j. Private Fire Hydrants
k. Spraying or dipping operations
1. Standpipe systems
in. Fire Sprinkler Systems
D. OFC Section 105.6.30, Open Burning, is modified by deleting the current language of this
OFC provision entirely and adding the following language: See Ashland Municipal Code 10.30.
E. OFC Section 503.4 is modified by the addition of the following language:
1. The Ashland Police Department shall have the authority to issue fire code citations for the
following offenses on public and private properties:
a. Obstruction of marked fire apparatus access roads and fire lanes (Ref. OFC 503.4; 503.2.1)
b. Failure to maintain existing NO PARKING — FIRE LANE signs/markings (Ref. OFC 503.3;
D 103.6)
c. Obstruction of fire hydrants and fire protection equipment (Ref. OFC 507.5.4; ORS 811.550
(16))
d. The Ashland Police Department may cite the registered owner of the vehicle if the
unoccupied vehicle is found to be standing in violation or tow the vehicle if in the opinion of
the officer the parked vehicle is creating a hazard to the community.
F. 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.
G. OFC Section 507.5.1. Delete and replace with the following:
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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).
H. OFC Section 307 is modified by deleting the current language of this OFC provision entirely
and adding the following language: Refer to AMC 10.30.
I. OFC Section 901.6, Records, is modified by deleting the current language of this OFC
provision entirely and adding the following language:
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. The manner in which contractors shall submit ITM reports to
Ashland Fire & Rescue shall be specified by the Fire Code Official.
J. OFC Section 904.1.1 is modified by the addition of the following language:
Fire protection system 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 accordance with the referenced standards. Where the manufacturer
requires only manufacturer certified technicians to conduct inspection, testing and maintenance
service on their engineered fire protection systems, uncertified technicians shall not service the
system. Prior to conducting service in the City of Ashland the technicians shall provide a current
manufacturer certification in a manner specified by the Fire Code Official.
K. OFC Section 5601.1.3 is modified by the addition of the following language:
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.
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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 storage of retail fireworks within the City of Ashland 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.
5. As a limited exception from the prohibitions in provisions 1 through 4 above, the use of
fireworks for public display is allowed in conformance with NFPA 1123 Code for Fireworks
Display, current edition, with a valid Ashland Fire & Rescue Fireworks Permit.
L. OFC Section 5601, Storage of Explosives —Prohibited, is modified by the addition of the
following language:
The scope referred to in Chapter 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.
M. OFC Section 5704, Above -Ground Storage of Flammable or Combustible Liquids, is
modified by the addition of the following language:
The limits referred to in Section 5704.2.9.6.1 of the Oregon Fire Code in which the storage of
flammable or combustible Class I and I1 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. All installation and removal of above ground storage units
requires an operational permit from Ashland Fire & Rescue. New above -ground bulk storage
plants for flammable or combustible liquids are prohibited within this jurisdiction.
N. The City of Ashland is prohibiting section 5707 On -Demand Mobile Fueling Operations
within the City Limits.
N. O.OFC Section 6104, Storage of Liquefied Petroleum Gases — Restricted:
The limits referred to in Section 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
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capacity of anyone installation shall not exceed a water capacity of 500 gallons.
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.
9. P.OFC Appendix A101.11 is modified by the addition of the following language:
A decision by the Ashland Fire Code Official may be appealed to a Board of Appeals established
pursuant to Oregon Fire Code Section 108 of the Oregon Fire Code. An appellant aggrieved by
the decision of the Board of Appeals may appeal to the Oregon State Fire Marshal as provided in
ORS 479.180 if the subject of the appeal concerns a matter governed exclusively by the Oregon
Fire Code and the appeal is filed within 10 days of the Board's final order. If an appeal from the
decision of the Board of Appeals, however, concerns a matter reserved by this Ashland Fire
Prevention Code (Ashland Municipal Code Chapter 15.28) for local decision -making, such an
appeal must be submitted in writing to the Ashland City Council within 10 days of the Board's
final order. A decision by the City Council shall be the final decision of the City and may not be
appealed to the State Fire Marshal.
P. Q OFC Appendix D105.1, Aerial Fire Apparatus Access Roads, is modified by deleting the
current language of this OFC provision entirely and adding the following language:
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.) Where the
vertical distance between the grade plane and the highest roof surface exceeds 24 feet approved
aerial fire access roads shall be provided. For the purposes of this section, the highest roof
surface shall be determined by measurement to the eave of a pitched roof, the intersection of the
roof to the exterior wall, or the top of parapet walls, whichever is greater. Overhead utility and
power lines shall not be located within the aerial fire apparatus access roadway or between the
aerial fire access road and the building.
Q.R. OFC Appendix D105.2 is modified by deleting the current language of this OFC provision
entirely and adding the following language:
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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. (Ord. 3161
§ 5, amended, 02/05/2018; Ord. 3104, amended, 2014; Ord. 3059, amended, 04/17/2012; Ord.
3037, amended, 09/07/2010; Ord. 3006, amended, 03/02/2010; Ord. 2944, amended, 11/06/2007;
Ord. 2932, amended, 10/18/2006; Ord. 2929, amended, 08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006; Ord. 2876, amended, 09/04/2001; Ord. 2871,
amended, 08/07/2001)
S. Mobile and Temporary Cooking Operations
The City of Ashland will follow nationally referenced standards of inspection and
maintenance provided by the National Fire Protection Agency (NFPA 1 National Fire Code
section 50.7) for Mobile and Temporary Cooking Operations.
SECTION 7. 15.28.090 New Materials, Processes or Occupancies — Permits Required
The Building Official, the Fire Chief and the Fire Marshal 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
the Oregon Fire Code. The Building Official, in accordance with Section 104.9 of the Oregon
Structural Specialty Code, shall record and enter in the files of the Building Department any
action granting approval of new or alternate materials. (Ord. 3161 § 6, amended, 02/05/2018;
Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 8. 15.28.100 Penalties
A. Any person 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 AMC
1.08.020. 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. This violation can be retroactively applied to the first day the occupant or owner
was made aware of the violation by the Fire Code Official.
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 (1) day. Life -threatening
hazards include but are not limited to overcrowding, locking or obstructing doors designated to
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remain unlocked, and shutting off or removing designated fire protection equipment.
C. The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions. (Ord. 3161 § 7, amended, 02/05/2018; Ord. 3059, amended, 04/17/2012;
Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 9. 15.28.110 Severability
Should any section, paragraph, sentence or word of this ordinance or of the Code 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 here from of any such
portion as may be declared invalid. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 10. 15.28.130 Firefighting Outside City - Authorized
In accord with ORS 476.290, the Fire Chief or 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 representative, such fire is causing or may cause an undue
jeopardy to life or property. (Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006;
Ord. 2921, amended, 01/05/2006; Ord. 1698 § 1, amended, 1971)
SECTION 11. Firefighting Outside City —Resources
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative may
employ the same means and resources used by them to extinguish similar fires within the City.
(Ord. 2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 12. 15.28.150 Plan Review/Permits — Fees
For application in this City, Oregon Fire Code plan review fees shall be established by resolution
of the City council. (Ord. 2929, amended, 08/18/2006; Ord. 2921, amended, 01/05/2006; Ord.
2906, added, 04/06/2004)
SECTION 13. 15.28.160 Code Compliance Inspection — Fees
The schedule for fire code compliance inspections shall be established by resolution of the City
Council. (Ord. 3161 § 8, amended, 02/05/2018; Ord. 2929, amended, 08/18/2006; Ord. 2921,
amended, 01/05/2006; Ord. 2906, added, 04/06/2004)
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SECTION 14. 15.28.170 Cost Recovery Fees
A. Fire and Rescue Service Charges Imposed.
1. Any person receiving direct fire and rescue services from AF&R as a result of a motor
vehicle collision, a hazardous materials incident, a victim rescue or an occurrence on a
railroad right-of-way or transportation route that requires AF&R service, shall be liable to
the City for the direct and indirect costs incurred by the City in responding to the incident.
2. Whenever a fire is extinguished or attempted to be extinguished by AF&R outside the
City of Ashland, the owner of the property involved in such fire shall be liable to the City for
the direct and indirect costs of fire and rescue services incurred by the City in responding to
the incident.
3. When more than one person receives direct fire and rescue services from AF&R in a
single incident, the general costs incurred may be apportioned pro rata among the recipients
of the services not otherwise exempt from payment or among the parties involved in the
incident, or through any other apportionment which reasonably allocates the costs of the
benefits received.
B. Exemptions from Charges.
1. Except as provided in this section, a person liable for a charge imposed under Section
15.28.170 shall be excused from paying the charge if the person presents satisfactory proof
to the City that, at the time of the incident giving rise to the charge, the person was a resident
of the City, owned real property within the City, or was the holder of a valid license from the
City issued under Chapter 6.04.
2. The exemptions of this section do not apply to:
a. Drivers of vehicles under the influence of alcohol or drugs;
b. Persons who commit acts of gross negligence or are otherwise in violation of local
law or state statute;
c. Persons causing incidents that require hazardous materials clean-up; or
d. Fire extinguishment efforts by AF&R on property outside the City of Ashland.
C. Interest on Charge. Any charge imposed under this section shall be due to the City upon
demand or billing by the City. Any person who fails to pay such charge within ninety (90) days
of receipt of a bill from the City shall also pay interest on the charge from the date of the billing
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at the rate of 12 percent (12%) per year•, interest for a fraction of a year shall be prorated.
D. Use of Payments Received. Fire and rescue service charges collected by the City shall be
deposited in accounts designated for such payments. Funds in such accounts shall be expended
only for operational costs of the fire department, police department, or the public works
department, to reimburse the City for costs of administering and collecting charges for fire and
rescue services.
E. Failure to Pay Charge — Violation.
1. Any person who fails to pay a fire and rescue service charge within ninety (90) days of
receipt of a bill from the City, or within such additional time as may be allowed by a written
extension of time by the Fire Chief, is in violation of this code. The issuance and
enforcement of a citation for this violation is governed by the provisions of AMC Chapters 1
and 15, and any other remedy provided by municipal or state law.
2. It shall be a defense in any proceeding that:
a. The person did not receive fire or rescue services;
b. The person is exempt from the payment of the charge; or
c. The charges were improperly computed and billed.
3. Failure to pay a fire and rescue service charge when due shall also subject the obligee to
the general penalties for violation of City ordinances and any other remedy provided by
municipal or State law.
F. Appeal Procedures. A person AF&R determines to be liable for fire and rescue services
charges may appeal AF&R's determination as provided in AMC 2.30.020 [Administrative
Appeals Process]. A person whose application for a permit for exemption from fire restrictions is
denied by the Fire Code Official or who objects to fire inspection fees or fees imposed by the
Fire Code Official for noncompliance with regulations in AMC Chapter 15.28 or the Oregon Fire
Code may appeal the decision as provided in AMC 2.30.020, which appeal shall be decided in
compliance with Appendix A of the Oregon Fire Code. (Ord. 3081, amended, 04/02/2013)
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The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the I day of CTC�,,N � , 2020, and duly PASSED and ADOPTED
this Ik day of "3-c-r , 2020.
/,J/-�J'LaJJ
Melissa Huhtala, City Recorder
SIGNED and APPROVED thisZJ' day o 2020.
Reviewed as to form:
yiGc�
David H. Lohman, City Attorney
ORDINANCE BILL NO. 3186
John Stromberg, Mayor
Page 13 of 13