HomeMy WebLinkAbout3037 Oregon Fire Code Amending 15.28
ORDINANCE NO. 303,
AN ORDINANCE RELATING TO ADOPTION OF THE OREGON
FIRE CODE AND AMENDING AMC CHAPTER 15.28
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section I 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 rnunicipalities, 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;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App.
293, 531 P 2d 730, 734 (1975);
WHEREAS, the State of Oregon has adopted the 2009 edition of the International Fire
Code, as amended by the Office of State Fire Marshal, as the Oregon Fire Code;
WHEREAS, the City wishes to adopt the new code and make additional amendments to its
Fire Code. '
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.010 [Adoption of Oregon Fire Code] is hereby amended to
read as follows:
15.28.010 Adoption of Oregon Fire Code
The ;w()1 2010 Oregon Fire Code and appendices A through L & SR are hereby
adopted, except where specifically excluded or modified by this section. The 2007
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.
Ordinance No.
Page I of 5
SECTION 2. Sections 15.28.040 [Above ground Storage of Flammable or Combustible
Liquids] through 15.28.070 [Amendments to the Oregon Fire Code] are hereby amended to
read as follows:
15.28.040 This section intentionally left blank. . }\bove ground Storage of
Flammable or Combustible LilJuids
The limits referred to in Section 3<10<1.2.9.5.1 3<10<1.2.9.6.1 of the Oregon Fire
Code in which the storage of flammable or comlmstible Class I and II IilJuids in
above ground tanl<s outside of buildings is restrieted are established as follows:
!.II City of f.shland residential and historical distriet areas as defined in the
Comprehensh'e Plan.
)
15.28.050 This section intentionally left blank. Storage of LilJuefied
Petroleum Cases Restrieted.
The limits referred to in Section 380<1.2 of the Oregon Fire Code, in which
storage of IilJuefied petroleum gas is restricted, are established as follows: All
City of f.shland residential and historical district areas as defined in the
Comprehensive Plan are limited to the aggregate eapaeity of anyone installation
shall not exceed a water capacity of 500 gallons.
Exception: In partieular installations, this capacity limit shall be detcrmined by
the Fire. Code Official, after consideration of special features such as
topographical conditions, nature of oeeupancy, and proximity to buildings,
capaeity of proposed containers, degree of fire protection to be proyided and
capabilities of the local fire department Cit), of Ashland Fire & Life Safety
Division.
15.28.060 Restricted uses durine. fire season.
A. When the Fire Code Official determines that an increased fire risk exists
in the City of Ashland, the Fire Code Official, may enact a policy to restrict
activities that increase thc potential for thc ie.nition of fires that crcate a hazard
to Iifc, propcrty or resources.
B. The policy must indicate what activities are restricted, and the time
period for which the restriction will be in effect.
Co For thc purposcs of consistency and coordination between all
cooperatine. ae.encies with adiacent boundaries, a plan shall be developed by the
Fire Code Official in coopcration with the Oree.on Department of Forestry and
other federal, state and locale.overnmental ae.encies affected by the restrictions.
The primary obicctive of thc plan is to achicve uniformity of fire restrictions
ree.ardless of land ownership; howcver, exact uniformity is not required. The
plan shall recoe.nize variations in fire dane.er, and it shall specify levels of
restrictions by unique but easily recoe.nizable e.eoe.raphic boundaries.
D. Permits may be issued by the Fire Code Official or desie.nees, which
allow a person to conduct a restricted activity as lone. as specified fire
prevcntion measures are taken to reduce the potcntial for fire ie.nition.
Ordinance No.
Page 2 of 5
Storage of EXfJlosiyes Prohibited.
The scofJe referred to in ChafJter .1301.1 of the Oregon Fire Code whieh
references the Oregon Revised Statutes and Oregon .'.dministratiye Rules
related to elt:fJlosives is amended as follows. The sale, manufacture, fJossession,
trilRsfer and storage of eXfJlosi'ies as defined by ORS 180.200 (3) are prohibited
in all areas within the City of Ashland. limits.
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
Ore20n Fire Code section 105.6.30 Open Bumin2. Delete and replace with the
following: Sce Ashland Municipal Code 10.30.
A. Section 506.1 RefJlace the seeond sentence as f-ollows: The Ilej' box shall
be of an afJfJro'ied f)'fJe, Add the followin2 sentence: The key box shall be
installed and maintained in accordance with the rnanufacturer's instructions, and
shall contain keys to gain necessary access as required by the fire code official.
B. Seetion S08.S.1 & ExeefJtions: Delete and refJlaee with the following: The
afJfJroved fire afJJlaratus ofJerating area must be loeated within 31111 feet from a
hydrant, as measured by an afJfJroved route, along an afJfJroved dri'iing surfaee.
With the installation of an afJJlroved automatic fire sfJrinliler system, hydrant
distance may be increased to (l00 feet.
B. Section 507.5.1 Delete and replace with the followin2: Where required.
Where a portion of the facility or buildin2 hereafter constructed or moved into
or within the iurisdiction 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 buildin2. 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 buildin2s equipped throu2hout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2. the distance requirement shall be 600 feet (183 m).
C. Section 3301: 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. The use of
retail fireworks within the City is prohibited.
D. Section 3301 Stora2e of Explosives - Prohibited. The scope referred to in
Chapter 3301.1 of the Ore20n Fire Code which references the Ore2on Revised
Statutes and Ore20n Administrative Rules related to explosives is amended as
follows. The sale. manufacture, possession. transfer and stora2e of explosives as
. Ordinance No.
Page 3 of5
defincd bv ORS 480.200 (3) are prohibited in all areas within the City of
Ashland.
E. Abovc-l!round Storal!e of Flammablc or Combustible Liquids
The limits referred to in Section 3<10<1.2.9.5.1 3404.2.9.6.1 of the Orel!on Firc
Code in which the storal!e of flammable or combustiblc Class I and 11 liquids in
above-l!round tanks outside of buildinl!s is rcstrictcd are established as follows:
All City of Ashland rcsidcntial and historical district areas as defined in thc
Comprehensive Plan.
F. Storal!c of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 of the Orel!on Fire Code. in which
storal!e of liquefied petroleum l!as is rcstricted. are established as follows: All
City of Ashland residential and historical district areas as defined in the
Comprehensive Plan are limited to the al!l!rel!atc capacity of anyone installation
shall not exceed a water capacity of 500 l!allons.
1: Exception: In particular installations. this capacity limit shall bc .
determined bv the Fire Code Official. after consideration of special
features such as tOPol!raphical conditions. nature of occupancy. and
proximity to buildinl!s. capacity of proposed containers. del!ree of fire
protection to be provided and capabilities of the local fire dellartment
City of Ashland Fire & Life Safcty Division.
D. f.ppendix DI05.1 Change first sentence as filllows: Buildings or portions of
Imilllings or faeilities exeeeding 2<1 f-eet in height abo'le the lowest le'lel of fire
department '/Chicles aeeess shall be provided with approved fire apparatus
access roads eapable of aeeommodating fire department aerial apparatus.
Appendix DI05.2 & 105.3 Change 30 f-eet to 2<1 feet.
G. Appendix DI05 - Aerial Fire Apparatus Access Roads
Remove and replace DI05.! with the followinl!: Where required. Buildinl!s or
portions of buildinl!s or facilities excecdinl! 24 feet in heil!ht above the lowest
level of fire department vehicle access shall be provided with approved fire
apparatus access roads capablc of accommodatinl! fire department aerial
apparatus. Overhead utility and power lines shall not be located within thc
aerial firc apparatus access roadway.
Removc and replace D105.2 with the followinl!: Width. Fire apparatus access
roads shall have a minimum unobstructed width of 26 feet in the immediate
vicinity of any buildinl! or portion of buildinl! more than 24 feet in heil!ht.
However. ORS 368.039 states that road standards adopted bv locall!overnmcnt
superccde standards in fire codes and requires consultation with local firc
al!encv.
H. Appendix AI01O.11 -- If the complainant or appellant is al!l!rieved bv the
final order of the Ashland Board of Appeals. the complainant may file an
Ordinance No.
Page 4 of5
appeal to the Orel!.on State Fire Marshal's Office within 10 davs of the Board's
final order.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Savinl!.s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced during
the times said ordinance(s) or portions thereof were operative. This section simply clarifies
the existing situation'that nothing in this Ordinance affects the validity of prosecutions
commenced and continued under the laws in effect at the time the matters were originally
filed. .
SECTION 5. 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~::, . ,2010
and y PASSED and ADOPTED this ~ day of 1~ ,2010.
/It
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this L day of..!F~201 O.
(
~hn Stromberg, Mayor
Reviewed as to form:
Ordinance No.
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