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HomeMy WebLinkAbout2645 Amends 15.28 Fire Code StandardsORD T N~q'CE NO. AN ORDINANCE AMENDING CHAPTER 15.28 OF THE ASHLAND MUNICIPAL CODE BY ADOPTING THE 1988 UNIFORM FIRE CODE STANDARDS WITH CERTAIN MODIFICATIONS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28 of the Ashland Municipal Code is hereby amended in its entirety and shall 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 Adoption of Code and Standards Establishment of Fire Prevention Bureau 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. There is hereby adopted by the City of Ashland for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters l-A, l-C, II-A, II-B, III-A, III-B, III-C, V-A, V-B, VI-A, VI-B, VI-C, VI-D, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 15.28.070 of this ordinance three (3) copies of which Code and Standards have been and are now filed in the office of the clerk of the City of Ashland and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of Ashland. 15.28.020 Establishment of Fire Prevention Bureau. A. The Uniform Fire Code shall be enforced by the bureau of fire prevention in the Fire Department of the City of Ashland which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. B. The Fire Marshal in charge of the bureau of fire prevention shall be appointed by the Fire Chief of the city of Ashland on the basis of examination to determine their qualifications. c. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Administrator of the City of Ashland 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 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 be held to mean "Fire Marshal." 15.28.040 Above-ground Storage 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 hereby established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 15.28.050 Storage of Liquefied 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 hereby 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 Section 77.201(L) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All areas within City of Ashland limits. 15.28.070 Amendments to the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: A. Section 10.301(c): Delete subsection (c), (1), (2) in their entirety and replace with new subsection (c) as follows: "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 route around 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 14.106(a): Delete entire paragraph and replace with the following: "All 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. C. Section 79.115 is deleted in its entirety. D. Appendix III-A(4): Replace the first sentence as follows: Notwithstanding the requirements in Appendix III-A of the Uniform Fire Code, within the City of Ashland the minimum fire flow requirements for one and two-family dwellings shall be 750 gallons per minute. E. Section 10.207(h) Turnarounds: feet in length. Change 150 feet in length to 250 15.28.080 Appeals. Whenever the Chief disapproves an application or 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 Chief of the Bureau of Fire Prevention 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 code enforcement agency any action granting approval of new or alternate materials. 15.28.100 Penalties. A. Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, 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 misdemeanor, 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. The City of Ashland hereby declares that 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 Firefighting Outside City - Authorized. In accord with ORS 476.290, the Fire Chief or his/her 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 his/her representative, such fire is causing or may cause an undue jeopardy to life or property. (Ord. 1698 S1, 1971) 15.28.130 Firefighting Outside City - Resources. In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or his/her representative may employ the same means and resources used by them to extinguish similar fires within the City. (Ord. 1698 S2, 1971) 115.28.140 Firefighting Outside City - Assessment. Whenever a fire is extinguished or attempted to be extinguished pursuant to the terms of this chapter, the owner of the property involved in such fire shall be billed for the cost of providing such fire suppression service, a minimum fee of $250.00 and not to exceed $500.00 to any one landowner, on forms furnished by the State Fire Marshal for such purposes. The cost of such fire suppression service shall be in accord with the State Standardized Costs Schedule which has been approved by the State Fire Marshal and which is as follows: A. One-hundred fifty dollars ($150.00) for each piece of apparatus for the first hour or fraction thereof; B. One-hundred fifty dollars ($150.00) for each piece of apparatus per hour following first hour, broken down to the fractional portion of this charge for each fraction of an hour after the first hour; C. Ten dollars ($10.00) per hour per person (minimum charge is one (1) hour) for each person responding to and performing service at the scene of the fire emergency to be billed on a fractional basis after the first hour for any fractional portions of hours of service. (Ord. 1698 S3, 1971; Ord. 2154 S1, 1981) The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 3rd day of September, 1991, and duly PASSED and ADOPTED this /f~ day of September, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this ~[day of /~-~?~:~-~ 1991. Catherine M. Golden Mayor council\new.ord\firecode