HomeMy WebLinkAbout2921 Adopt Fire Code
ORDINANCE NO. 2921
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO
ADOPTION OF THE 2004 OREGON FIRE CODE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Section 1. Ashland Municipal Code Chapter 15.28 is amended to 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
15.28.150
15.28.160
Adoption Of Oregon Fire Code.
Establishment of Duties.
Definitions.
Above-ground Storage of Flammable or Combustible Liquiids.
Storage of Liquefied Petroleum Gases - Restricted.
Storage of Explosives - Prohibited.
Amendments to the Oregon Fire Code
Appeals.
New Materials, Processes, or Occupancies - Permits Required.
Penalties.
Severability.
Firefighting Outside City - Authorized.
Firefighting Outside City - Resources.
Firefighting Outside City - Assessment.
Plan Review/Permits - Fees.
Code Compliance Inspection - Fees.
SECTION 15.28.010 Adoption Of Oregon Fire Code
The 2004 Oregon Fire Code and appendices A through l & SR are hereby adopted,
except where specifically excluded or modified by this section. The 2004 Oregon Fire
Code and all adopted appendices, as excluded or modified by this section, will be
referred to in the Ashland Municipal Code as the Oregon Fire Code. One copy of the
Oregon Fire Code and appendices shall be filed in the office of the City Recorder.
SECTION 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.
SECTION 15.28.030 Definitions.
A. Wherever the word "jurisdiction" is used in the Oregon Fire Code, it is the City of
Ashland. Wherever the words "Department of Fire Prevention" are used, they shall
mean "Fire & Life Safety Division."
SECTION 15.28.040 Above-ground Storage of Flammable or Combustible
Liquids.
The limits referred to in Section 3404.2.9.5.1 of the Oregon Fire Code in which the
storage of flammable or combustible liquids is restricted are established as follows: All
City of Ashland residential and historical district areas as defined in the Comprehensive
Plan.
SECTION 15.28.050 Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage of
liquefied petroleum gas is restricted, are established as follows: All City of Ashland
residential and historical district areas as defined in the Comprehensive Plan are limited
to the aggregate capacity of anyone installation shall not exceed a water capacity of
500 gallons. In particular installations, this capacity limit shall be determined by the Fire
Code Official, after consideration of special features such as topographicall 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 & Life
Safety Division.
SECTION 15.28.060 Storage of Explosives - Prohibited.
The limits referred to in Chapter 3301.2.3 of the Oregon Fire Code, in whiclh storage of
explosives and blasting agents is prohibited, are established as follows: All areas within
City of Ashland limits.
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length.
Section 506.1 Replace the second sentences as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers instructions,
and shall contain keys to gain necessary access as required by the fire code official.
A. Section 508.5.1 & Exceptions Delete and replace with the following: The
approved fire apparatus operating area must be located within 300 feet from a
hydrant, as measured by an approved route, along an approved driving surface.
With the installation of an approved automatic fire sprinkler system, hydrant
distance may be increased to 600 feet.
B. Section 3301: Notwithstanding the exceptions listed in this section, the sale of
DOT classification 1.4G (Class C common fireworks) is prohibited within the City
of Ashland. The use of common fireworks within the City of Ashland is prohibited
during any declared fire season except when the sale of fireworks is permitted
within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each
year). (Ord 2871, 2001; Ord 2876, 2002)
C. Appendix B, section 105.1: Replace the entire section as follows: The minimum
fire flow requirements for one- and two-family dwellings having a fire-flow
calculation area which does not exceed 3,600 square feet shall be 750 gallons
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per minute. Fire flow and flow duration for one and two-family dwellings having a
fire-flow calculation area in excess of 3,600 square feet shall not be less than
that specified in Table B1 05.1."
D. "EXCEPTIONS":
E. A reduction in required fire flow of 50 percent, as approved by thE~ Fire Code
Official, is allowed when the building is provided with an approved automatic fire
sprinkler system.
F. One and two-family dwellings in excess of 3,600 square feet, when equipped
with an approved automatic sprinkler system, may have a minimum flow of at
least 375 gallons per minute. If minimum fire flow as specified in table B105.1
cannot be met after the 50% reduction credit is applied, then the fire sprinkler
system shall be monitored by an alarm company.
G. Appendix D105.1 Change first sentence as follows: 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.
SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits
required.
The Building Official, the 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.
SECTION 15.28.100 Penalties.
A. Any person who violates any of the provisions of this chapter, the Oregon Fire Code
as adopted in this chapter 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 violation
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.
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SECTION 15.28.11 0 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.
SECTION 15.28.120 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. 1698 S1, 1971)
SECTION 15.28.130 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.
SECTION 15.28.140 Firefighting Outside City - Assessment.
Whenever a fire is extinguished or attempted to be extinguished by the fire department
outside the City of Ashland, the owner of the property involved in such fire shall pay for
the cost of providing such fire suppression service, as follows:
A. For the first hour or fraction thereof:
1. Pumper apparatus - $250.00/hour
2. Brush apparatus - $1 OO.OO/hour
3. Rescue standby - $1 OO.OO/hour
4. Staff vehicle - $ 50.00/hour
For each piece of apparatus per hour following the first hour, payment shall be on a
fractional basis to the nearest 15 minutes.
B. Personnel cost shall be actual cost with a minimum charge of one hour for each
person responding to the fire emergency, plus all personnel costs in excess of
regular time for each person performing standby services in place of those who
respond, to be billed on a fractional basis to the nearest fifteen minutes after the
first hour for any fractional portions of hours of service. (Ord. 2711, 1993)
SECTION 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.
SECTION 15.28.160 Code Compliance Inspection - Fees.
The schedule for fire code compliance inspections shall be established by
resolution of the city council.
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The foregoing ordinance was first read by title only in accordance with ArticlE~ X,
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Section 2(C) of the City Charter on the 15 day of . On .:~ .p1_-; <::- ,2005,
and duly PASSED and ADOPTED this & day of &~ , 2005.
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Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of a~2005.
Reviewed as to form:
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J hn W. Morrison, Mayor
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Mike Reeder, Assistant City Attorney
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