HomeMy WebLinkAbout3304 Amending AMC 15.28 Fire Prevention Code ORDINANCE NO, 3304
AN ORDINANCE AMENDING AMC 15.28 FIRE PREVENTION CODE
Annotated to show deletions and additions to the Ashland Municipal 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.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 15.28 Fire,Prevention Code is amended as follows:
15.28.010 Adoption of Oregon Fire Code
15.28.020 Establishment of Duties
15.28,030 Definitions
15.28.050 Fire Protection System Maintenance
15.28,060 Restricted Uses During Fire. Season
15.28.070 City of Ashland Modifications to the Oregon Fire Code—2Q2 2025,Edition
15.28.090 New materials, processes or occupancies—Permits required
15,28.100 Penalties
15,28,110 Severabitity
15.28,120 Firefighting Outside City—Authorized
15.28,130 Firefighting outside City—Resources
15.28.150 Plan Review/Pen-nits—Fees
15.28.160 Code Compliance Inspection/Fees
15.28.170 Cost Recovery Fees
SECTION 2. 15.28.010 Adoption of Oregon Fire Code
Except as specifically excluded or modified by this chapter,the City of Ashland adopts the
24N currently9
ado Oregon Fire Code and Appendices A through 0 N and Q thro
T, including any future amendments that may occur from time to time. It wh4c4i-will be
referred to in the Ashland Municipal Code as the Ore--on Fire Code("OFC"). One(1) copy
of the Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
(Ord. 3233, amended, 04/02/2024; Ord. 3218 § 1, amended, 04/04/2023; Ord. 3186,
amended, 0 1/ 21/2020; 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, 0 1/05/2006)
ORDINANCE NO. 3304 Page 1 of 13
SECTION 3. 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. 3233, amended, 04/02/2024; Ord. 3218 § 2, amended, 04/04/2023; Ord.
3186, amended, 01/21/2020; Ord. 2929, amended, 08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION 4. 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
"Wildfire and Communit y Risk Reduction Divisiall:�" Fire & Life Safely
Division
C. 'Tire Code Official," as used in the Oregon Fire Code, means the Fire Chief or
designee.
D. "Apparatus cost" means the standardized cost, including repairs and depreciation,, for
the use 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
personis property, for which a charge is not othevvise 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 availa
bility rate" and the time spent responding to an incident, together with
1 abili 1
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,
includinp,but not limited to base pay, overtime pay and fringe benefits, during the
time spent responding to an incident.
K. "Fire prevention organization" (FPO)means the organization or the individual,
within the City of Ashland or otherwise delegated, that has the authority to provide
ORDINANCE NO. 3304 Page 2 of 13
fire prevention, inspection and code enforcement, plan review, investigation, and fire
and life safety education.
L. Occupanev Classification.
1. Low-Risk-Occupanci,. An occupancy that has a history of low frequency of
fires and minimal potential for loss of life or economic loss. Examples of low-risk
occupancies could include storage, mercantile, and business.
2. Moderate-Risk Occupancy. An occupancy that has a history of moderate
frequency of fires or a moderate potential for loss of life or economic loss.
Examples of moderate-risk occupancies could include ambulatory health care and
industrial occupancies that do not maintain, store, use, or handle hazardous
materials in excess of exempt amounts.
3. High-Risk-Occupancy. An occupancy that has a history of high frequency of
fires, high potential for loss of life or economic loss, or that has a low or moderate
history of fires or loss of life but the occupants have a high dependency on the
built-in fire protection features or staff to assist in evacuation during a fire or other
emergency. Examples of high-risk . Occupancies could include
multiple-family dwellings, high-rise buildings, hotels, dorinitories, lodging and
rooming, assembly, ehild care childcare, detention, educational, health care, and
industrial.
4. Critical IF-astructure. The assets, systems, and networks,whether physical
or virtual, that are so vital to the community that their damage or destruction
would have a debilitating effect. Examples of critical infrastructures could include
water treatment plant, special structures, public safety buildings, and power
plants.
M. "Railroad right-of-way" means a right-of-way used for rail transportation.
N. "Scope" establishes the organization and deployment of fire prevention resources
for fire prevention inspection and code enforcement activities in existing occupancies,
new construction and renovation inspections.
O. "Transportation route" means a roadway or waterway against which no taxes or
assessments for fire protection are levied by the City. (Ord. 3233, amended,
04/02/2024; Ord. 3218 § 3, amended,04/04/2023; Ord. 3186, amended, 01/21/2020;
Ord. 3161 § 2,, amended, 02/05/2018; Ord. 3081, amended, 04/02/2013)
SECTION 5. 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 accordance with the referenced standards and OFC
Section 1083 109.2. Failure by a company or individual service provider to follow the
referenced standards is a Class I violation. (Ord. 3233, amended, 04/02/2024; Ord. 3218 § 4,
amended, 04/04/2023; Ord. 3186, amended, 01/21/2020; Ord. 3161 § 3, amended,
02/05/2018; Ord. 3104, amended, 2014)
SECTION 6. 15.28.060 Restricted Uses During Fire Season
A. The City of Ashland will follow the Oregon Department of Forestry("ODF") bum
restrictions and regulations during fire season. Open flame and fire pits are prohibited at
high fire index.
ORDINANCE NO. 3304 Page 3 of 13
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(l/ 8) of a mile of ODY-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 perinit 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. 3233,
amended, 04/02/2024; Ord. 3218 § 5, amended, 04/04/2023; Ord. 3186, amended,
0 1/21/2020; Ord. 3161 § 4, amended, 02/05/2018; Ord. 3 03 7, amended, 09/07/ 20 10; Ord.
2944, amended, 11/06/2007; Ord. 2929, amended,08/18/2006; Ord. 2925, amended,
04/18/2006; Ord. 2921, amended, 01/05/2006)
SECTION7. 15.28.070 City of Ashland Modifications to the Oregon Fire Code—
= 2025 Edition
Ashland Fire Prevention Code incorporates the Oregon Fire Code 2022 Edition except
that the following referenced OFC sections are modified as set forth below:
A. OFC Section 104.6.3 104.10 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 106.2 109.2 is modified by the addition of the following language:
1. Inspections outside of normal business hours: The M.111-d-Uhre an- - -mmumfty Risk
Reduction Division Fire & Life Safely Division will make every attempt to conduct
inspections during normal business hours (Monday thru Friday 8 am to 5 pni). 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 5150.00. 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.
ORDINANCE NO. 3304 Page 4 of 13
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
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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
1.Marijuana processing
2.Construction/Use Pernu"ts:
a.Automatic fire-extinguishing systems
b.Battery Systems
c.Compressed gases
d.Fire alarm and detection systems
e.Fire Pumps
f Flarmilable and Combustible Liquid Storage
g.Hazardous Materials
h.Industrial Ovens
i.LP-gas>125 gallons
j.Private Fire Hydrants
k.Spraying or dipping operations
I.standpipe systems
m.Fire Sprinkler Systems
D. OFC Section 105.6.30 105.5.37,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;
ORDINANCE NO. 3304 Page 5 of 13
D103.6)
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
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. OFC 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 -am necessary access as required by the Fire
Code Official.
G. OFC 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:
I.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 in).
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.
1. 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 thirty(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
ORDINANCE NO. 3304 Page 6 of 13
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.
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 I 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. 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:
zn
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 H 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 perinit
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 OFC Section 5707,On-Demand Mobile Fueling
Operations within the City Limits.
O. OFC Section 6104, Storage of Liquefied Petroleum Gases—Restricted:
ORDINANCE NO. 3 304 Page 7 of 13
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 capacity of any one 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.
P. OFC Appendix A104-.44 A101.1 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.
Q. OFC Appendix D 105.1,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.
R. OFC Appendix D105.2 is modified by deleting the current language of this OFC
deleting
entirely and adding the following language:
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.
ORDINANCE NO. 3304 Page 8 of 13
(Ord. 3233, amended, 04/02/2024; Ord. 3218 § 6, amended, 04/04/2023; Ord. 3186,
amended, 01/21/2020; 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)
SECTION 8. 15.28.090 New materials. occupancies
,processes or occupancie -Pennits 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.
3233, amended, 04/02/2024; Ord. 3218 § 7, amended, 04/04/2023; Ord. 3186, amended,
01/21/2020; Ord. 3161 § 6, amended, 02/05/
2018; Ord. 2929. amended, 08/18/2006; Ord. 2925, amended, 041/18/2006; Ord. 2921, amended,
01/05/2006)
SECTION 9. 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 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. 3233, amended, 04/02/2024; Ord. 3218 § 8, amended,
04/04/2023, Ord. 3186, amended,01/21/ 2020; Ord. 3161 § 7,amended, 0.1/05/2018; 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 10. 15.28.110 Severability
Should any section, paragraph, sentence or word of this chapter 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 the ordinance codified in this chapter independent
of the elimination herefrom of any such portion as may be declared invalid. (Ord. 3233,
amended,04/02/2024; Ord. 3218 § 9, amended,04/04/2023; Ord. 3186,amended,01/
21/2020; Ord.2929, amended, 08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921,
amended, 01/05/2006)
ORDINANCE NO. 3304 Page 9 of 13
SECTION 11. 15.28.120 Firefighting Outside City—Authorized
In accordance 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. 3233, amended, 04/02/2024; Ord. 3218 §
10, amended, 04/04/2023; Ord. 3186, amended, 01/21/2020; Ord. 2929, amended,
08/18/2006; Ord. 2925, amended, 04/18/2006; Ord. 2921, amended, 01/05/2006; Ord. 1698
§ 1, amended, 1971)
SECTION 12. 15.28.130 Firefighting outside City—Resources
In
hi extinguishing a fire pursuant to AMC 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. 3233. amended, 04/02/2024; Ord. 3218 § 11, ainended.04/04/2023; Ord. 3186,
amended,01/21/2020; Ord.2929, amended., 08/18/2006; Ord. 2925, amended, 04/18/2006;
Ord. 2921, amended, 01/05/2006)
SECTION 13. 15.28.150 Plan Re,,rie-vv/PeMU'ts—Fees
For application in this City, Oregon Fire Code plan review fees shall be established by
resolution of the City Council. (Ord. 3233, amended, 04/02/2024; Ord. 3218 § 12, amended,,
04/04/2023; Ord. 3186, amended, 01/21/2020; Ord. 2929, amended, 08/18/2006; Ord. 2921,
amended, 01/0512006; Ord. 2906, added, 04/06/2004)
SECTION 14. 15.28.160 Code Compliance Inspection/Fees
A. The City of Ashland will follow nationally referenced standards on fire prevention
inspection and code enforcement as provided by the National Fire Protection Agency
(NFPA 1730). This standard contains minimum requirements relating to the organization
and deployment of fire prevention inspection and code enforcement,plan review,
investigation, and public education operations. This standard also addresses the strategic
and policy issues involving the organization and deployment of fire prevention programs
and does not address methods for carrying out specific fire prevention services, activities,
and programs.
B. The City of Ashland shall maintain a written statement or policy that establishes the
following:
L Existence of the FPO;
2. Services that the FPO will provide',
3. Basic organizational structure;
4. Expected number of FPO members;
5. Functions that FPO members are expected to perform.
C. General Requirements. Fire prevention inspection and code enforcement services,
including department personnel, equipment, and all support and resources, shall be
structured to meet the organizational objectives. Fire prevention inspection and code
ORDINANCE NO. 3304 Page 10 of 13
enforcement shall be conducted to ensure compliance with adopted codes and standards.
Personnel responsible for fire prevention and code enforcement activities shall meet the job
performance requirements in NFPA 1031 and the certification and training requirements
for conducting fire code enforcement found in OAR 83 7-03 9-0016 for the 'inspection
duties they perform.
D. Mininnini Inspection Freqitencv. Existing occupancy fire prevention inspection
and code enforcement inspection frequencies shall not be less than:
Occupancy Frequency of
Classification Inspections
High: Annually
Moderate: Biennially
Low: Triennially
Critical Per the City
Infrastructure: of Ashland
The schedule for fire code compliance inspections shall be established by resolution of the
City Council. (Ord. 3233, amended,04102/2024;Ord. 3218 § 13,amended, 04/04/2023; Ord.
3186,amended, 01/21/2020;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)
SECTION 15. 15228.170 Cost Recovery Fees
A. Fire and Rescue Service Charges knposed.
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
oute 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(1)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. Eyeniptions from Cliarges.
1. Except as provided in this section, a person liable for a charge imposed under AMC
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
ORDINANCE NO. 3304 Page 11 of 13
a resident of the City, owned real property within the City, or was the holder of a valid
license from the City issued under AMC 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 unposed under this section shall be due to the City
upon demand or billing by the City.Any person who falls 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 at the rate of 12 percent (12%)per year; interest for a fraction of a year shall
be prorated.
D. Use ofPnyinents 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 I 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 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 Oregon Fire Code. (Ord. 3233, amended,
04/02/2024; Ord. 3218 § 14, amended, 04/04/2023; Ord. 3186, amended, 01/21/2020; Ord.
3081, amended, 04/02/2013)
SECTION 16. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
ORDINANCE NO. 3 304 Page 12 of 13
SECTION 17. 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 accordance with Article X, Section 2(C)
of the City Charter on the day of Mou 2026, and duly PASSED and
ADOPTED this day of 2026.
SIGNED and APPROVED this_ day of ,�C_ Q� , 2026.
ATTEST: kh Jan /� A A A
Alissa Kc o ins , C Re order
)1,7� &0-4�
Tonya Gra am,Mayor
Reviewed as to fo
J an it ity orney
ORDINANCE NO. 3304 Page 13 of 13