Chapter 15.15
FIRE CODE
Sections:
15.15.010 Adoption of Uniform Fire Code.
15.15.020 Designation of officials to enforce code.
15.15.040 Limits of districts in which storage of explosives or blasting agents is prohibited.
15.15.060 Establishment of limits for new bulk plants.
15.15.070 Establishment of limits in which bulk storage of liquefied petroleum gases is restricted.
15.15.080 Deliveries of flammable liquids.
15.15.010 Adoption of Uniform Fire Code.
For the purpose of safeguarding life, health, property and public welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances and processes, and by governing the regulations of the maintenance of buildings and premises, and egress facilities, the city of Myrtle Creek, Oregon, hereby does adopt that certain code known as the 1973 Edition of the Uniform Fire Code, copyrighted in 1973 by the International Conference of Building Officials and the Western Fire Chiefs Association, a copy of which has appropriately been marked as having been adopted by this chapter, and has been and now is filed in the office of the recorder of said city, together with the provisions of said code, but subject, however, to the deletions, additions and modifications set forth in this chapter. Said code, together with said deletions, additions and modifications, is adopted and incorporated herein as fully as if set forth at length herein. From and after the effective date of the ordinance codified in this chapter the same shall be controlling within the limits of the city. [Ord. 434 § 1, 1977].
15.15.020 Designation of officials to enforce code.
(1) The code shall be enforced by the fire department of the city of Myrtle Creek under the supervision of the chief of the department.
(2) With the approval of the city administrator, the chief may appoint a fire marshal to act under him as the head of the bureau of fire protection which shall be charged with the enforcement of the code.
(3) The chief of the fire department may detail such members of the fire department as officials as shall from time to time be necessary or advisable, and such designations shall continue only at and during the pleasure of the fire chief. [Ord. 434 § 2, 1977].
15.15.030 Definitions.
Code. Whenever the word “code” is used in this chapter, it shall be held to mean the 1973 Edition of said Uniform Fire Code subject to the deletions, additions and regulations set forth in this chapter.
Chief of the Bureau of Fire Prevention. Whenever the words “chief of the bureau of fire prevention” are used in this chapter, they shall be held to mean either the fire marshal or the chief of the fire department of said city.
Corporation Counsel. Whenever the term “corporation counsel” is used, it shall be held to mean the attorney for said city.
Fire Prevention Bureau. Whenever the terms “fire prevention bureau” or “bureau of fire prevention” are used in this chapter, the same shall be held to mean the fire department of said city.
Fireworks. The definition of “fireworks” as set forth in Section 12.101 of the fire code is amended by deleting therefrom the word “sparklers.”
Jurisdiction. Whenever the word “jurisdiction” is used in this chapter, it shall be held to mean the city of Myrtle Creek, Oregon.
Unattended. Whenever the word “unattended” is used in connection with the provisions of Article 11 of the fire code, it shall be held to mean that the driver of the vehicle in question or other authorized person, competent to operate the vehicle and having keys for the vehicle on his person, is not at all times in the vehicle, constantly observing it and its immediate surroundings. [Ord. 434 § 3, 1977].
15.15.040 Limits of districts in which storage of explosives or blasting agents is prohibited.
The limits referred to in Section 11.106(b) of the fire code, in which storage of explosives and blasting agents is prohibited, hereby are established as being the entire corporate limits of the city. [Ord. 434 § 4, 1977].
15.15.050 Establishment of limits of districts in which storage of flammable and combustible liquids in outside above ground storage tanks is prohibited.
The limits referred to in Section 15.201 of the fire code in which flammable and combustible liquids in outside above ground tanks is prohibited hereby are established as being the entire corporate limits of the city with the exception that installation and use of above ground tanks for the storage of combustible liquids (Class III), in aggregate capacity of containers, interconnected or otherwise, not in excess of 300 gallons on any one property, shall be permitted on properties on which one- and two-family dwellings are located. [Ord. 434 § 5, 1977].
15.15.060 Establishment of limits for new bulk plants.
The limits referred to in Section 15.601 of the fire code, within which no new bulk plants for flammable or combustible liquids shall be established after the effective date of the ordinance codified in this chapter, hereby are fixed as being the entire corporate limits of the city, excepting in areas by ordinance designated as industrial zones, subject, however, to approval of the bureau of fire prevention as to the size and location of the same before installation. [Ord. 434 § 6, 1977].
15.15.070 Establishment of limits in which bulk storage of liquefied petroleum gases is restricted.
The limits referred to in Section 20.105(a) of the fire code, in which bulk storage of liquefied petroleum gas is restricted, hereby are established as being the entire corporate limits of the city, excepting in areas by ordinance designated as industrial zones, subject, however, to approval of the bureau of fire prevention as to the size and location of the same before installation and also subject to the following additional provisions:
(1) Storage of such gas in containers of five gallons or less water capacity, or in portable containers, as distinguished from permanently installed containers, is not considered to be bulk storage.
(2) The use, storage, and handling of such gases in portable containers of over five gallons water capacity shall be permitted upon approval of the bureau of fire prevention as to the location and size of such containers. Said approval shall be secured before the use or installation of any such containers.
(3) The bureau of fire prevention may prohibit the use or storage of compressed or liquefied petroleum gases in portable containers in any area within the corporate limits of the city when such use or storage would create a hazard or increase an existing hazard. [Ord. 434 § 7, 1977].
15.15.080 Deliveries of flammable liquids.
In making deliveries of flammable liquids (Class I and II), the delivery tank vehicles shall wholly be confined within the property lines upon which delivery is being made. However, when it is impractical to make such deliveries wholly within said property lines, the bureau of fire prevention may issue permits for deliveries from public streets, or ways under such conditions and restrictions as the bureau may deem necessary for safety. When making deliveries, all tank vehicles shall proceed in and out of the properties upon which deliveries are being made in a forward manner. Where this is impractical, the bureau of fire prevention may issue permits to do otherwise, but may require such safety measures as may be necessary for the protection of the public. Without limitations as to such safety measures, they may include limiting the time of deliveries to specific times of the day. [Ord. 434 § 8, 1977].
15.15.090 Appeals.
Whenever the chief of the fire department or fire marshal shall disapprove an application or refuse a permit applied for, or when it is contended that the provisions of this chapter do not apply, or that the true intent of the meaning of this chapter has been misconstrued or wrongly interpreted, the applicant or aggrieved person may appeal any such decision to the city council within 30 days of the date of the decision so appealed from by filing with the city recorder a written notice of appeal generally specifying the grounds or basis upon which the appeal is taken. Thereupon, the council at the earliest practicable date shall give the applicant or aggrieved person a right to be heard relative thereto. If the city administrator, prior to the hearing, shall revise or modify the decision of the fire chief or fire marshal, the appeal shall be ended. [Ord. 434 § 9, 1977].
15.15.100 Penalties.
Any firm, partnership, corporation, person, or other legal entity who knowingly or willfully violates or fails to comply with any provisions of this chapter or Chapter 15.05 MCMC, upon conviction therefor in the municipal court, shall be punished by a fine in an indeterminate amount not exceeding $1,000, or by imprisonment in the jail of the city of Myrtle Creek, Oregon, for a period not exceeding six months, or both such fine and imprisonment. Each day that a violation of any of the terms and provisions of either chapter continues to exist after notice to the violator shall be deemed as a distinct and separate violation. [Ord. 488; Ord. 434 § 9A, 1977].