Chapter 8.16
FIRE PREVENTION AND PROTECTION
Sections:
8.16.010 Adoption of fire prevention code.
8.16.020 Application to new and existing conditions.
8.16.030 Liability for damage.
8.16.040 Adoption of state laws--Conflict.
8.16.060 Delegation of authority.
8.16.075 Fireworks within the city limits.
8.16.100 Amendments to the Oregon Fire Code.
8.16.010 Adoption of fire prevention code.
The city of Phoenix hereby adopts the International Fire Code with Oregon Amendments, hereafter referred to as the Oregon Fire Code, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, incorporated herein as fully as if set out at length herein.
(Ord. No. 915, § 1, 3-2-2009)
8.16.020 Application to new and existing conditions.
The provisions of this code shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
(Ord. No. 915, § 1, 3-2-2009)
8.16.030 Liability for damage.
This code shall not be construed to affect the responsibility of any person owning, operating or installing any equipment for damage to persons or property caused by any defect therein; nor shall the city of Phoenix be held as assuming any such liability by reason of the inspection or reinspection authorized herein or permit issued as herein provided, or by reason of the approval or disapproval of any equipment authorized herein.
(Ord. No. 915, § 1, 3-2-2009)
8.16.040 Adoption of state laws--Conflict.
All the provisions of ORS 479.010 to 479.200 and 479.256 to 479.300 (smoke detection), inclusive, are hereby adopted as part of this ordinance and, by reference, hereby made a part hereof as though fully set forth herein; provided, however, that if any regulation contained in any of said statutes conflicts with any other regulation contained in this ordinance, then the more restrictive regulation shall apply.
(Ord. No. 915, § 1, 3-2-2009)
8.16.050 Definitions.
As used in this ordinance:
"Agricultural operation" means the activity on land currently used or intended to be used primarily for the purpose of obtaining a profit by raising, harvesting, and selling crops or by raising and sale of livestock or poultry, or the produce thereof, which activity is necessary to serve that purpose.
"Agricultural waste" means any material primarily generated or used by an agricultural operation but excluding those materials described in Section 8.16.100 1.B of this ordinance.
"Fire District #5" means the fire department for the city of Phoenix as designated by the registered voters in the city of Phoenix with all of the authority and responsibility hereto.
"Fireworks" has the meaning given that term in ORS 480.110.
"Open burning" means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney for an enclosed chamber. Open burning does not include road flares, smudge and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
(Ord. No. 915, § 1, 3-2-2009; Ord. No. 919, § 2, 11-2-2009)
8.16.060 Delegation of authority.
The city of Phoenix by election has delegated Fire District #5 to act in the city’s behalf in all matters related to enforcement of the Oregon Fire Code.
(Ord. No. 915, § 1, 3-2-2009)
8.16.070 Establishments of limits of districts in which storage of fireworks, explosives and blasting agents is to be prohibited.
Provisions set forth in ORS 480.110 through ORS 480.165, ORS 480.200 through ORS 480.290 and OAR 837-012-1200 through OAR 837-012-1420 shall govern the manufacture, sale, possession, and transfer of fireworks or explosives within the city limits.
(Ord. No. 915, § 1, 3-2-2009; Ord. No. 919, § 3, 11-2-2009)
8.16.075 Fireworks within the city limits.
The use of legal fireworks is allowed within the jurisdiction of Phoenix pursuant to the provisions of ORS 480.160(4), with the exception of the following:
A. The use of legal fireworks is limited to June 22nd through midnight July 6th, between the hours of eight p.m. to midnight;
B. The use of fireworks is prohibited at all times within the following:
1. The Wildland Interface;
2. The Greenway;
3. All public schools;
4. All public parks;
5. During any declared fire season, except when allowed pursuant to subsection A., above.
(Ord. No. 919, § 4, 11-2-2009)
8.16.080 Penalties.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith; shall upon conviction thereof, by a court of competent jurisdiction, have committed an infraction, and be punished by a fine not to exceed five hundred dollars and shall pay the cost of the proceedings.
(Ord. No. 915, § 1, 3-2-2009)
8.16.090 Modifications.
The chief of Fire District #5 shall have the power to modify any of the provisions of the fire prevention code, upon application in writing by the owner or lessee, or duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon, shall be entered upon the records of the department, and a signed copy shall be furnished the applicant.
(Ord. No. 915, § 1, 3-2-2009)
8.16.100 Amendments to the Oregon Fire Code.
The Oregon Fire Code, Chapter 3, Section 307, for city purposes shall be amended as follows:
1. Open Burning.
A. Open burning of any kind is prohibited throughout the incorporated limits of the city of Phoenix.
B. The provisions of this section do not apply to:
i) Open burning of agricultural waste, which is necessary for disease or pest control, may be allowed with a written permit issued by the fire department.
ii) Burning a structure or other use of fire for training purposes by a fire department in connection with the department of environmental quality may be allowed with a written permit issued by the fire department.
iii) Outdoor recreation fire used for cooking with fire in a fireplace, barbecue set; or an outdoor fire ring or pit fueled with cut and split firewood.
iv) Recreational fire in an approved campsite in fire pits provided and fueled with cut and split firewood.
vi) Fire set and maintained for fire fighting training or training fire protection personnel.
vii) A fire hazard that cannot, in the judgment of the fire department, be removed or disposed of in any other practical manner may be allowed with a written permit issued by the fire department.
2. Permit Required. Any permits issued for burning shall be issued by Fire District #5.
(Ord. No. 915, § 1, 3-2-2009)