Chapter 15.08
FIRE CODE
Sections:
15.08.010 Adoption of fire code, fire and life safety standards.
15.08.030 Establishment and duties of fire prevention bureau.
15.08.040 Bulk storage of flammable or combustible liquids in aboveground tanks.
15.08.050 Bulk storage of liquefied petroleum gases.
15.08.060 Storage of explosives and blasting agents.
15.08.070 Deletions to the Oregon Fire Code.
15.08.080 Amendments to the Oregon Fire Code.
15.08.110 Acceptance of CRFR Ordinance 2014-15-04, with exhibits.
15.08.010 Adoption of fire code, fire and life safety standards.
For the purpose of prescribing minimum regulations governing conditions hazardous to life and property from fire, panic, or explosion, the city hereby adopts the following:
(1) The 2014 Oregon Fire Code, based on the 2012 International Fire Code, as adopted by OAR 837-040-0010, is adopted and enforced as part of this code. (Ord. 3186 § 13, 2015; Ord. 3086 § 2, 2008; Ord. 2961 § 3, 2005)
15.08.020 Definitions.
(1) Whenever the word “administrator” is used in the Oregon Fire Code, and the other codes incorporated herein, it shall be held to mean the fire chief of the Columbia River Fire and Rescue or his or her authorized representative.
(2) Whenever the term “building department” is used, it shall be held to mean the building department of the city of St. Helens.
(3) Whenever the term “building official” is used, it shall mean the building official of the city of St. Helens.
(4) Whenever the term “chief of police” is used, it shall be held to mean the chief of police of the city of St. Helens.
(5) Whenever the word “code” is used in this chapter, it shall be held to mean all the codes adopted and incorporated by this chapter to form the city of St. Helens fire code. Whenever a reference is made to any portion of this code or any other applicable law or ordinance, the reference applies to all amendments and additions now or hereafter adopted by the State Fire Marshal and the city of St. Helens.
(6) Whenever the term “city council” or “council” is used, it shall be held to mean the governing body of the city of St. Helens, Oregon.
(7) Whenever the term “corporate counsel” or “city attorney” or “attorney” is used, it shall be held to mean the attorney for the city of St. Helens.
(8) Whenever the terms “fire prevention bureau” or “bureau of fire prevention” or “fire district” or “district” are used in the code, the same shall be held to mean Columbia River Fire and Rescue.
(9) Wherever the word “jurisdiction” is used in the Oregon Fire Code or other codes adopted herein, it shall be held to mean the city of St. Helens, Oregon.
(10) Whenever the term “International Building Code” or “building code” is used, it shall be held to mean the current edition of the State of Oregon Structural Specialty Code as adopted by the State Building Codes Division and the city of St. Helens. (Ord. 3186 § 14, 2015; Ord. 2961 § 4, 2005)
15.08.030 Establishment and duties of fire prevention bureau.
(1) The city of St. Helens hereby delegates to Columbia River Fire and Rescue the enforcement of the city of St. Helens fire code, including the Oregon Fire Code. Such delegation shall include, but shall not be limited to, fire prevention, fire suppression, fire safety, fire storage, fire escapes, and fire investigation. Nothing herein prohibits the city council, its officers or employees from enforcing this fire code through any available administrative or judicial means.
(2) The city of St. Helens fire code, including the Oregon Fire Code, shall be enforced by the fire prevention division of Columbia River Fire and Rescue, which shall be operated under the supervision of the fire marshal under the direction of the fire chief. The chief may detail or assign members of the fire department as inspectors, pursuant to the Oregon Fire Code and Oregon Statutes.
(3) Nothing herein prohibits the city council, its officers or employees from enforcing this fire code through any available administrative or judicial means, including but not limited to building department and planning department enforcement mechanisms. (Ord. 3186 § 15, 2015; Ord. 2961 § 5, 2005)
15.08.040 Bulk storage of flammable or combustible liquids in aboveground tanks.
The storage of flammable or combustible liquids in aboveground tanks located outside of buildings referred to in Section 3404.2.9.5 of the Fire Code is prohibited within the limits established by law as the limits of districts or municipalities in which such storage is prohibited. Specific exceptions are made for those areas identified as public lands, industrial or commercial (when the storage is not within 150 feet of a residential use) whenever a permit has been properly issued that fully complies with code provisions of Articles 23 and 57 of the Fire Code.
Storage of flammable or combustible liquids within all areas of the city, in containers totaling in aggregate over 60 gallons, shall be prohibited, except as provided in the districts identified above. (Ord. 3186 § 16, 2015; Ord. 2961 § 6, 2005)
15.08.050 Bulk storage of liquefied petroleum gases.
Within the limits established by law restricting the storage of LP gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a 2,000-gallon water capacity.
The bulk storage of liquefied petroleum gas (installations where the aggregate capacity exceeds 2,000 gallons water capacity) is prohibited within all areas of the city, except those identified as heavy-industrial and light-industrial on the city of St. Helens zoning map. (Ord. 2961 § 7, 2005)
15.08.060 Storage of explosives and blasting agents.
Storage of explosive materials as defined in Chapter 56 of the Fire Code is prohibited in the entire fire district except for those areas specifically approved by the fire chief. 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. 3186 § 17, 2015; Ord. 2961 § 8, 2005)
15.08.070 Deletions to the Oregon Fire Code.
The following appendices of the 2012 IFC are excluded from the provisions of this code adoption:
(1) Appendix A, Board of Appeals. (Ord. 3186 § 18, 2015; Ord. 2961 § 9, 2005)
15.08.080 Amendments to the Oregon Fire Code.
(1) Section 101 is amended to add:
Whenever a reference is made to any portion of this code or any other applicable law or ordinance, the reference applies to all amendments and additions now or hereafter adopted by the State Fire Marshal and the Fire District.
(2) Section 105 is amended to add:
Permits: A permit shall be obtained from the Fire District for the following:
(1) Flammable/Combustible Liquids: To install tanks for flammable or combustible liquids above ground in excess of 500 gallons (individual or aggregate quantities).
(2) Agricultural Burning: To conduct open burning as defined on OAR 340-264-0030.
(3) Open Burning: To conduct open burning of yard trimmings.
(4) Public Assemblies: To conduct a fair, exhibition, or other special assembly event in any building, tent, or other structure involving large numbers of people.
(3) Section 111 is amended to add:
Stopping Uses, Evacuation. The Fire Chief is authorized to order an operation or use stopped or the evacuation of any premises, building or vehicle or portion thereof which has been, or is a fire hazard. The Fire Chief may also declare a premises, building, or vehicle or portion thereof dangerous due to the presence of hazardous materials when they create a condition hazardous to life, health or property.
(Ord. 3186 § 19, 2015; Ord. 2961 § 10, 2005)
15.08.090 Appeals.
(1) When any person seeks relief from a decision of a fire official enforcing provisions of this code, including permits, waivers, alternative materials or methods, approval of variances or matters of interpretation, he/she may request reconsideration of the decision by first appealing to the fire marshal in writing within 10 days of the receipt of the decision. The fire marshal may affirm, modify, revoke or vacate the order under consideration.
(2) After reconsideration by the fire marshal, any person seeking relief from the decision of the fire marshal regarding the order may appeal to a board of appeals. Such appeal shall be filed in writing with the fire marshal within 30 days of the fire marshal’s decision. This requirement is jurisdictional. The board may, by majority vote, affirm, modify, or revoke the action of the fire marshal. The appeals board referenced herein and specified in Section 108 of the Fire Code shall be the building code board of appeals for the city, with the addition of an architect or other personnel with appropriate training or experience as recommended by the fire chief. Notwithstanding the above, the fire district with the concurrence of the city council may appoint by resolution a different appeal body to hear appeals under this code. (Ord. 2961 § 11, 2005)
15.08.100 Penalties.
(1) Enforcement Procedures – Notice of Violation. The fire marshal shall give written 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 marshal 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 is given, a person having the duty to correct the violation refuses to do so, the fire marshal may issue a precomplaint letter to the person in question. This letter is a last-chance notice of a final inspection and will state the legal implications of continued noncompliance.
(2) Enforcement Procedures – Citation and Prosecution. If a specific penalty for a violation of the St. Helens fire code is not otherwise specifically provided, any person or entity who violates any of the provisions of the city of St. Helens fire code, including the Oregon Uniform Fire Code as adopted and amended herein, or fails to comply therewith, or who violates or fails to comply with any order issued pursuant to this fire code, or who builds in violation of any detailed statement of specifications or plans submitted and approved pursuant to this fire code, or who violates or fails to comply with any certificate or permit issued pursuant to this fire code, and from which no appeal has been taken, or who fails to comply with any such order as affirmed or modified by an administrative appellate body, or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor offense. Said misdemeanor is punishable upon conviction, by a fine of not more than $250.00 or imprisonment of not more than 30 days, or both.
(3) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable period of time, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. Nothing herein shall be interpreted as preventing or prohibiting the enforced removal of prohibited conditions.
(4) Refusal to remove a fire hazard by one responsible for conformity to the code (ORS 478.930) is punishable upon conviction as a “D” violation. 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.
(5) 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 a permit issued by the fire district, the person or persons so notified shall be liable to civil action for the payment for all expenses incurred by the district in or about the use of apparatus, materials, and personnel in extinguishing any fire resulting from such cause.
(6) Reinspection Fee. A reinspection fee may be invoiced by the Columbia River Fire and Rescue District to persons who cause repeated reinspections due to noncompliance with provisions of the code. The chief may direct the fee to be charged following the second noncomplying reinspection.
(7) False Alarms. For violations of Section 401.3.1 of the Fire Code, the courts may order that the responsible person or persons pay for all the costs of responding fire personnel and apparatus as set by the State Fire Marshal’s schedule.
(8) The remedies in this code are not exclusive. The city may institute any other appropriate judicial action or administrative proceedings to prevent, restrain, correct, or abate any violation of this code. (Ord. 3219 § 7, 2017; Ord. 2961 § 12, 2005)
15.08.110 Acceptance of CRFR Ordinance 2014-15-04, with exhibits.
Pursuant to ORS 478.924, city of St. Helens accepts and approves CRFR Ordinance 2014-15-04, with all exhibits attached thereto and made a part thereof, for application within the city limits of the city of St. Helens, except that the more restrictive local requirements in this chapter prevail over CRFR Ordinance 2014-15-04, to the extent of such conflict. (Ord. 3186 § 20, 2015; Ord. 2961 § 13, 2005)