Chapter 15.10
UNIFORM FIRE CODE
Sections:
15.10.030 Establishment and duties of the fire prevention bureau.
15.10.050 Limits of district in which storage of liquefied petroleum gas is to be restricted.
15.10.060 Limits of district in which storage of explosives and blasting agent is to be prohibited.
15.10.080 UFC Article 2 amended – Organization, Authority, Duties and Procedures.
15.10.090 UFC Article 4 amended – Permits.
15.10.100 UFC Article 9 amended – Definitions and Abbreviations – General Provisions.
15.10.110 UFC Article 10 amended – Fire Protection.
15.10.120 UFC Article 11 amended – General Safety Precautions.
15.10.130 Hazardous materials.
15.10.150 Violation – Penalty.
15.10.010 Adoption of Uniform Fire Code, Columbia County fire defense board’s Rules for Open Burning, and Oregon Administrative Rules.
A. The Uniform Fire Code (UFC) now in its 1991 Edition and appendices I-A, I-C, II-A, II-B, II-C, II-E, II-F, III-A, III-B, III-C, III-D, IV-A, V-A, VI-A, VI-B, VI-D, VI-E and VI-F as published by the Western Fire Chiefs Association and the International Association of Building Officials and amended by the state of Oregon as set out in Exhibit A*, attached to the ordinance codified in this chapter, and the 1991 Edition of Uniform Fire Code Standards, save and except such portions which are hereinafter deleted, added, modified or amended by this chapter, is hereby adopted.
B. The city of Rainier, Oregon, also adopts the Columbia County fire defense board Rules for Open Burning, as set out in Exhibit B*, attached to the ordinance codified in this chapter, as part of the code.
C. The city of Rainier, Oregon, also adopts the following Oregon State Fire Marshal Administrative Rules, as set out in Exhibit C*, attached to the ordinance codified in this chapter, as part of the code:
1. OAR 837-12-005 through 837-12-330 (“Fireworks in Oregon”).
2. OAR 837-30-005 through 837-30-015 (National Fire Protection Association Standard No. 58 (“Liquefied Petroleum Gas”).
3. OAR 837-40-050. These rules shall apply to the selection, installation, inspection, maintenance and testing of portable fire extinguishing equipment.
4. OAR 837-40-060.
a. Pursuant to OAR 476.030, the following NFPA standards promulgated by the National Fire Protection Association is adopted by reference as authorized by OAR 183.360 (3).
b. NFPA No. 10, Standard for Portable Fire Extinguishers, Edition 1988.
5. OAR 837-40-070. Whenever the following word or phrase appears in the referenced adoption, it shall be construed as follows:
a. “Approved” shall mean approved by the city of Rainier, Oregon.
b. “Authority having jurisdiction” shall mean the city of Rainier, Oregon.
6. OAR 837-40-100 through 837-40-110 (National Fire Protection Association Standard No. 13 “Installation of Sprinkler Systems”, Edition 1989).
7. OAR 837-40-120. Whenever the following word or phrase appears in the referenced adoption, it shall be construed as follows:
a. “Approved” shall mean approved by the city of Rainier, Oregon.
b. “Authority having jurisdiction” shall mean the city of Rainier, Oregon.
8. OAR 837-45-005 through 837-45-025 (“Smoke Detector Rule”).
9. OAR 837-61-005 through 837-61-015 (“Standardization of Fire Protection Equipment”).
10. OAR 837-80-005 through 837-80-015 National Fire Protection Association Standard No. 59A “Liquefied Natural Gas”).
D. The city of Rainier, Oregon, adopts the following National Fire Protection (NFPA) Standards as set out in Exhibit D*, attached to the ordinance codified in this chapter, as part of the code.
1. NFPA Standard No. 46, Storage of Forest Products, 1990 Edition.
Save and except for portions as are hereinafter deleted, modified or amended by this chapter, the abovementioned codes, regulations and standards are hereby adopted and incorporated by this reference as though fully set forth herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be known as “The Fire and Life Safety Code of the city of Rainier, Oregon”.
E. The whole of this chapter, including the codes hereby adopted, shall be filed and maintained in the record of the city of Rainier, Oregon, and with the Oregon State Fire Marshal’s Office and a copy posted at each fire station within the city of Rainier, Oregon, as prescribed in ORS 478.940. (Ord. 959 § 1, 1995)
*Exhibits A, B, C and D are attached to Ord. 959, which is on file in the city clerk’s office.
15.10.020 Definitions.
Revise the following definitions to read as follows:
9.103 “Administrator” means the fire chief of the Rainier rural fire protection district.
9.104 “Bureau of fire prevention” means the fire prevention division of the Rainier rural fire district.
9.108 “Fire department” shall be defined as per ORS 489.110.
9.112 “Jurisdiction” means city of Rainier, Oregon.
9.117 “Occupancy classifications” shall be defined in the Oregon State Building Code.
9.118 “Plumbing Code” means the 1991 Edition of the state of Oregon Plumbing Specialty Code (State Plumbing Code).
9.123 “Uniform Code” means the 1991 Edition of the state of Oregon Structural Specialty Code (State Building Code).
9.123 “Uniform Mechanical Code” means the 1991 Edition of the state of Oregon Mechanical Specialty Code (State Mechanical Code). (Ord. 959 § 2, 1995)
15.10.030 Establishment and duties of the fire prevention bureau.
A. The fire prevention bureau of the Rainier rural fire district is hereby established. This bureau shall operate under the supervision of the fire chief of the district and shall be charged with the enforcement of the code.
B. The fire chief may detail such members of the district as inspectors, as may be necessary. (Ord. 959 § 3, 1995)
15.10.040 Limits of district in which storage of flammable or combustible liquids in outside, aboveground tanks is prohibited.
The limits referred to in Section 79.501 of the UFC are herein established as follows:
A. Class I Flammable Liquids – Shall comply with Article 79, and where allowed be restricted to those areas zoned General Commercial, Light Industrial, Heavy Industrial, Heavy Commercial, and Medium Commercial.
B. Class II and III Combustible Liquids – Location shall not be restricted other than specified in Section 79.503 with respect to property lines, public ways, and important buildings on the same property.
(Ord. 959 § 4, 1995)
15.10.050 Limits of district in which storage of liquefied petroleum gas is to be restricted.
A. The installation of new liquefied petroleum gas storage tanks where the aggregate capacity exceeds 2,000 gallons water capacity shall be prohibited in those areas zoned Urban Residential, Urban High Density Residential, Interchange Commercial, Neighborhood Commercial and General Commercial.
B. This limitation may be altered at the discretion of the fire chief after consideration of special features such as topographical condition, nature of the occupancy and proximity to buildings, capacity of proposed gas tanks, and the degree of private fire protection to be provided. (Ord. 959 § 5, 1995)
15.10.060 Limits of district in which storage of explosives and blasting agent is to be prohibited.
A. The entire city except for those areas specifically approved by the fire chief.
B. This prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds of explosive materials unless otherwise regulated by other provisions of this code. (Ord. 959 § 6, 1995)
15.10.070 Deletions.
The following sections, subsections, sentences, words, numbers, and references from the 1991 edition of the Uniform Fire Code are excluded from the provisions of this code:
|
2.105 |
13.301 exception only |
|
77.103 |
Article 77 Division II, III, IV |
|
78.103 |
(a) 2, (b) |
|
78.203 |
|
|
80.103 |
(a) |
|
80.110 |
|
|
80.110 |
1(b) |
|
Appendices: |
I-A 1.(b) |
|
|
I-B |
|
|
II-D |
|
|
IV-B |
|
|
VI-C |
(Ord. 959 § 7, 1995)
15.10.080 UFC Article 2 amended – Organization, Authority, Duties and Procedures.
A. 2.106 is amended to read as follows:
Whenever requested to do so by the Fire Chief, or his authorized representative, or the city of Rainier Police Chief, may assign such available officers as in their discretion may be necessary to assist the Fire District in enforcing the provisions of this code.
B. 2.303 is amended to read:
2.303 The city of Rainier, Oregon, may utilize regional appeals advisory boards under ORS 476.113 to 476.115 in the administration of this code.
(Ord. 959 § 8, 1995)
15.10.090 UFC Article 4 amended – Permits.
A. Permits Required. 4.108 is amended to read as follows:
4.108 A permit shall be obtained from the Rainier Rural Fire District prior to engaging in the following activities, operations, practices or functions:
(A) Flammable/Combustible Liquids: To install tanks for the storage of flammable or combustible liquids above ground in excess of 500 gallons in either individual or aggregate quantities as specified in Section 79.103 of this code. Note: This is for plans.
(B) Agricultural Burning: To kindle or authorize the kindling or maintenance of any agricultural burn.
(C) Open Burning: To kindle or authorize the kindling or maintenance of any open and/or barrel burning.
(D) Places of Assembly: To conduct a fair, exhibition, or other special assembly event in any building, tent or other structure (see Article 25).
(Ord. 959 § 8, 1995)
15.10.100 UFC Article 9 amended – Definitions and Abbreviations – General Provisions.
A. 9.101 is amended to read as follows:
9.101 (a) Amendments. Whenever a reference is made to exhibits A-B and the Uniform Fire Code now in its 1991 edition, the reference applies to all amendments and additions now or hereafter adopted by the city of Rainier, Oregon. Said amendments to said exhibits and/or the Uniform Fire Code now in its 1991 edition can be made a part of Chapter 15.10 RMC by resolution of the city of Rainier, Oregon.
(Ord. 959 § 8, 1995)
15.10.110 UFC Article 10 amended – Fire Protection.
A. 10.401(b) is amended to read:
3. No building shall be constructed, altered, enlarged, or repaired in a manner that by reason of size, type of construction, number of stories, location on property, occupancy, or any combination thereof creates a need for a fire flow in excess of 3500 gallons per minute. This will insure that the fire fighting capability of the Rainier RFD is not exceeded. Existing buildings that require a fire flow in excess of 3500 gallons per minute are not required to comply with the fire flow requirements of this section; however, alterations, additions, or repairs shall not further increase fire flow requirements for the building(s). Furthermore, if alterations, additions, or repairs made in any twelve (12) month period exceed fifty percent (50%) of the value of the building the entire building shall be made to conform with the fire flow requirements. In locations where potential fire flow requirements in excess of 3500 gallons per minute exist, consideration shall be given to structure separations, installation of automatic fire extinguishing systems, fire walls or other recognized elements to reduce maximum amount of the required fire flow of 3500 gallons per minute. Fire flow requirements in excess of 3500 gallons per minute may be allowed if in the opinion of the Rainier Rural Fire District Fire Chief all reasonable methods of reducing the required fire flow have been included within the development and no unusual hazard to life or property exists.
B. 10.404 is added to read as follows:
(A) Rural Water Supply. When an approved municipal type water supply is not available water supply for firefighting shall be provided in accordance with National Fire Protection Association (NFPA) Standard 1231, 1989 Edition, Standard on Water Supplies for Suburban and Rural Firefighting, which is hereby adopted and by this reference becomes a part of Chapter 15.10 RMC. Commercial occupancies shall be equipped with a smoke alarm system supervised by a central station which has been approved by the Fire Chief. The alarm system shall be installed in accordance with UFC Standards 14-1 and 14-2.
EXCEPTIONS:
1. When Smoke detection would produce adverse or false alarms, upon the judgement of the Fire Chief, fixed temperature/rate of rise heat detection may be substituted.
2. In other than the occupancies listed in ORS 479.010 (1) (i), where in the opinion of the Fire Chief the loss of a structure would not incur substantial impact on the community financially, the fire flow may be waived provided the building does not exceed a 1000 GPM required fire flow, is a light hazard occupancy, and has a smoke detection system installed throughout complying with the Uniform Fire Code Standard 14-1 and 14-2 that is monitored at a central station which has been approved by the Fire Chief.
3. When there are not more than two Group R-3 or Group M structures per acre the requirements of this section may be modified provided, in the opinion of the Fire Chief, Firefighting or rescue operations would not be impaired.
(Ord. 959 § 8, 1995)
15.10.120 UFC Article 11 amended – General Safety Precautions.
A. 11.203(a) is amended to read:
(a) Permission to Burn shall be obtained in accordance with ORS 476.380, ORS 478.960 and the Columbia County Fire Defense Board Rules for Open Burning.
B. Appendix III-B(6) is added to read as follows:
6. FIRE HYDRANT REQUIREMENT: Fire hydrants shall have a minimum of two – 2 1/2 inch discharges and One – 4 1/2 inch steamer port.
(Ord. 959 § 8, 1995)
15.10.130 Hazardous materials.
Due to the technical expertise required to determine compliance with the provisions of Article 80, the fire chief may implement the provisions of Section 2.302 of this Fire and Life Safety Code. (Ord. 959 § 9, 1995)
15.10.140 Appeals.
A. When any person seeks relief from a decision of a fire official enforcing provisions of this code, including permits, waivers, alternate materials or methods, approval or variances or matters of interpretation, he may request reconsideration of the decision by appealing to the fire chief in writing within 15 days of the receipt of the decision. The fire chief may affirm, modify, revoke, or vacate the order under consideration.
B. After such reconsideration by the fire chief, any person seeking relief from the decision of the fire chief regarding the order may appeal to a board of appeals as established by Section 2.303 of this Fire and Life Safety Code. Such appeal shall be filed in writing with the fire chief within 30 days of the fire chief’s decision. The board may, by majority vote, affirm, modify, or revoke the action of the fire chief provided the spirit of the code is complied with, public safety secured, and substantial justice done. (Ord. 959 § 10, 1995)
15.10.150 Violation – Penalty.
A. Violations of the provisions of this code may be prosecuted under ORS 198.600. Pursuant to ORS 478.990, continued violation of the code or refusal to remove a fire hazard by one responsible for conformity to the code, is punishable upon conviction by a fine of not less than $10.00 nor more that $100.00 for each offense. Each day’s continued refusal to conform to the code or remove a fire hazard after notice by the inspecting officer is a separate offense.
B. The application of the above penalty shall not prevent the removal of prohibited conditions as specified in Section 2.204(c) of this Fire and Life Safety Code.
C. In case of fire resulting directly or indirectly from failure or neglect to promptly comply with the provisions of either a notice of violation or permit, issued by the fire chief to abate a hazard within the time stipulated on the notice, the person or persons so notified shall be liable to civil action for the payment for all expenses incurred by the district in and about the use of the apparatus, materials and manpower in extinguishing any fire resulting from such cause.
D. Enforcement Procedures – Notice of Violation. The fire chief shall give notice of any discovered fire code violation to a person who is responsible for correcting such violation. The notice shall state the time by which the violation is to be corrected and indicate the opportunity to appeal the notice of deficiency. The fire chief may extend the time for complying and may issue one or more additional notices before giving notice of intent to seek judicial remedies. If after written notice of code violations, a person having the duty to correct the violation refuses to do so, the inspecting officer may serve upon such person a notice as follows:
SAMPLE
PRE-COMPLAINT LETTER
Date
Certified Mail
Return Requested
Delivered in Person
Dear ,
Rainier Rural Fire District conducted a Fire Safety inspection at the following:
Name
Address
Date
At the time a notice of violation was issued indicating the corrections required to provide compliance with the applicable codes, regulations and ordinances. Compliance is required by the Uniform Fire Code, Section 3.102. Reinspections were made on ____________________ in an attempt to gain compliance with the above mentioned Fire Code regulations. We were unsuccessful in obtaining compliance.
This letter is to inform you that a Fire Inspector for Rainier Rural Fire District will make a reinspection at the above mentioned establishment on ____________________, to determine if the necessary corrections have been made. If the violations have not been corrected by this date, you may be subject to:
(1) A citation and fine in the Municipal or District Court, or
(2) Any other civil process as allowed by law. Violations of the Fire Code are punishable by a fine of up to $100.00 per day that the violation continues.
This letter is written as a courtesy notification, with the goal in mind that your present compliance will avoid the necessity of legal action.
____________________
Terry L. Grice, Fire Chief
E. False Alarms. For violations of Article 13.203 of this Fire and Life Safety Code and in addition to the above fines that may be given, the courts may order that the responsible person or persons pay for all costs of responding fire personnel and apparatus as set by the State Fire Marshal’s schedule.
F. The city or county may seek any equitable remedy as allowed by law, including injunctions and restraining orders. (Ord. 959 § 11, 1995)