HomeMy WebLinkAbout2711 Amends Fire Prev. CodeORDINANCE NO. 2711
AN ORDINI~NCE AMENDING THE FIRE PREVENTION CODE, CHAPTER
15.28 OF THE ASHLAND MUNICIPAL CODE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
follows:
Chapter 15.28 is amended in its entirety to read as
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 Duties
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. The following code and standards are adopted as a part of
this chapter: The 1991 edition of the Uniform Fire Code, including
appendices I-A, I-C, I-D, I-E, I-F, II-A, II-B, II-F, III-A, III-B,
III-C, IV-B, V-A, V-B, VI-A, VI-B, VI-C, VI-D, VI-E, and the 1991
edition of the Uniform Fire Code Standards published by the Western
Fire Chiefs Association and the International Conference of Building
Officials except such portions as are deleted, modified or amended by
Section 15.28.070. One copy of this code and standards shall be filed
in the office of the city Recorder. (Ord. 2645, 1991).
15.28.020 Establishment of Duties.
A. The Uniform Fire Code shall be enforced by the Fire Department of
the City of Ashland which shall be operated under the supervision of
the Chief of the Fire Department.
B. The Fire Chief may detail such members of the Fire Department as
inspectors as shall from time to time be necessary. The Fire Chief
shall recommend to the City Administrator 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
PAGE I-ORDINANCE
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
mean "Fire Marshal." Wherever the words "Bureau of Fire Prevention"
are used, they shall mean "Fire Department."
15.28.040 Above-qround Storaqe 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 established as follows: All City of Ashland residential and
historical district areas as defined in the Comprehensive Plan.
15.28.050 Storage of Liquified 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
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 Appendix VI-E of the Uniform Fire Code, in which storage of
explosives and blasting agents is prohibited, are established as
follows: All areas within City of Ashland limits.
15.28.070 Amendments to the Uniform Fire Code.
is amended in the following respects:
The Uniform Fire Code
A. Section 10.401:
following:
Delete entire section and replace with the
"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
vehicular route from the water supply to 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 14.108(a):
following:
Delete entire section and replace with the
"Ail 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."
PAGE 2-ORDINANCE (]~:o,'d\firecod¢.ord)
C. Section 79.116 is deleted in its entirety.
Appendix III-A(5): Replace the entire paragraph (a) as follows:
"Notwithstanding the requirements in Appendix III-A of the
Uniform Fire Code, within the City of Ashland the minimum fire
flow and flow duration requirements for one and two-family
dwellings having a fire area which does not exceed 3,600 square
feet shall be 750 gallons per minute. Fire flow and flow
duration for dwellings having a fire area in excess of 3,600
square feet shall not be less than that specified in Table No. A-
III-A-i."
"EXCEPTIONS: 1. A reduction in required fire flow of 50
percent, as approved by the chief, is allowed when the
building is provided with an approved automatic fire
sprinkler system.
2. Additions to dwellings existing on the date this
provision is adopted shall be permitted regardless of
whether the minimum fire flow and flow duration requirements
are met unless the addition creates a new dwelling unit or
the dwelling and the addition have a fire area in excess of
3,600 square feet.
3. Remodels of dwellings existing on the date this
provision is adopted shall be permitted regardless of the
size of the dwelling unless the remodel increases the fire
area to the extent that the dwelling plus the increase have
a fire area in excess of 3,600 square feet.
E. Section 10.204(d) Dead Ends: Change 150 feet in length to 250 feet
in length.
F. Section 10.204(b): Replace entire sentence as follows: Fire
apparatus access roads shall be designed and maintained to support up
to 44,000 lbs. gross vehicle weight and shall be provided with a
surface so as to provide all-weather driving capabilities.
G. Section 11.201: Delete in its entirety.
H. Section 11.202: Delete in its entirety.
I. Section 11.203(a): Replace the first sentence as follows:
Permission to burn shall be in accordance with Ashland Municipal Code
chapter 10.30.
Jo Section 77.101: Notwithstanding the exceptions listed in this
section, the sale of Class C explosive materials is prohibited within
the City of Ashland.
K. Appendix III-C, l(a): Replace entire sentence as follows: Test
of systems or devices regulated herein shall be conducted annually or
when an inspection by the chief indicates that there is reason to
believe that the system or device would fail to operate properly in an
emergency.
15.28.080 Appeals. Whenever the Chief disapproves an application or
PAGE 3-ORDINANCE ~:o~-~],-~.~.o,-~
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 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 said code. The Building Official, in accordance with
Section 105 of the Uniform Building Code, shall record and enter in
the files of the building department any action granting approval of
new or alternate materials.
15.28.100 Penalties. A. Any person who violates any of the
provisions of this chapter, the Uniform Fire Code or Uniform Fire Code
Standards 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.
15.28.110 Severability. 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 Firefightinq 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 Si, 1971)
15.28.130 Firefighting Outside City - Resources. In extinguishing a
PAGE 4-ORDINANCE (p:ord\fircc(~l¢.o,'d)
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. 1698 S2, 1971)
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:
ao
For the first hour or fraction thereof:
1. Pumper apparatus - $250.00/hour
2. Brush apparatus - $100.00/hour
3. Rescue standby - $100.00/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.
SECTION 2. Classification of the fee. The fee specified in Section
15.28.140 as set forth in Section 1 of this ordinance is classified as
not subject to the limits of Section llb of Article XI of the Oregon
Constitution (Ballot Measure No. 5).
The foregoing ordinance was first read by title only in accordance
with Article X, Section 2(C) of the city Charter on the 4th day of
May, 1993, and duly PASSED and ADOPTED this 18th day of May, 1993.
Nan E. '~ranklin, City Recorder
SIGNED and APPROVED this /~/~ day of
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 5-ORDINANCE