RESOLUTION 91-8

A Resolution adopting Lebanon's Fire District Ordinance 2-91. This Ordinance 2-91 reading as:

LEBANON RURAL FIRE PROTECTION DISTRICT ORDINANCE

ORDINANCE NO. 2-91

AN ORDINANCE REPEALING LEBANON RURAL FIRE PROTECTION DISTRICT ORDINANCES 1-89 AND 1-91; ADOPTING THE STATE OF OREGON FIRE CODE BASED ON THE UNIFORM FIRE CODE TO PRESCRIBE REGULATIONS GOVERNING CONDITION HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES; PROVIDING DEFINITIONS FOR TERMS USED IN THE UNIFORM FIRE CODE; RESTRICTING STORAGE OF FLAMMABLE LIQUIDS IN ABOVE-GROUND TANKS; RESTRICTING BULK STORAGE OF LIQUEFIED PETROLEUM GASES; PROHIBITING STORAGE OF EXPLOSIVE. AND BLASTING AGENTS WITHIN INCORPORATED CITIES; AMENDING SECTIONS OF THE UNIFORM FIRE CODE ADOPTED HEREIN; AUTHORIZING INSPECTIONS; PROVIDING FOR APPEALS FROM CORRECTIVE ORDERS; PROVIDING FOR THE REVIEW OF NEW MATERIALS, PROCESSES, PROCEDURES AND OCCUPANCIES; ESTABLISHING PENALTIES; AND DECLARING AN EMERGENCY.

THE PEOPLE OF THE LEBANON RURAL FIRE PROTECTION DISTRICT DO ORDAIN AS FOLLOWS:

Section 1. Repealing Ordinance 1-89.

Lebanon Rural Fire Protection District Ordinance 1-89 is hereby repealed.

Section 2. Repealing Ordinance 1-91.

Lebanon Rural Fire Protection District Ordinance 1-91 is hereby repealed.

Section 3. Adoption of Uniform Fire Code.

(a) There is hereby adopted by the Lebanon Rural Fire Protection District (hereinafter the "Lebanon Fire District" or "Fire District"), for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the codes and standards known as the 1988 Edition of the State of Oregon Fire Code (hereinafter "State of Oregon Fire Code" or "Code"), which is based upon the 1988 Edition of the Uniform Fire Code recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, including any future additions, modifications and changes thereto, save and except those portions as have been deleted, modified or amended by Section 9 of this Ordinance. Provided further, however, that the Board of Directors of the Fire District, with the concurrence of the Linn County Board of Commissioners, many elect not to adopt all or any part of such future additions, modifications or changes to the State of Oregon Fire Code by Resolution adopted one-hundred eighty (180) days after the effective date of a particular addition, modification or change to the State of Oregon Fire Code. Such a Resolution adopted by the Fire District shall become effective thirty (30) days after adoption by the Fire District and the Linn County Board of Commissioners, or on such other date as these governing bodies may specify.

(b) Not less than three (3) copies of this Ordinance together with the State of Oregon Fire Code shall be filed in the office of the Fire District Bureau of Fire Prevention. The State of Oregon Fire Code is incorporated herein by this reference as though set forth in its entirety. From the date that this Ordinance takes effect, the provisions thereof shall be effective within the territory of the Fire District.

Section 4. Establishment and Duties of Bureau of Fire Prevention.

(a) The Uniform Fire Code adopted by reference by this Ordinance may be enforced by the Bureau of Fire Prevention in the Fire Department of the Fire District which is hereby established. It shall operate under the supervision of the Chief of the Fire District.

(b) The Fire Marshall shall manage and direct activities of the Bureau of Fire Prevention, and shall be appointed by the Fire Chief in accordance with Fire District policies and procedures adopted from time to time.

(c) The Chief of the Fire District may periodically detail members of the Fire Department as Inspectors as the Chief in the Chief's discretion may determine necessary.

(d) A report of the Bureau of Fire Prevention shall be submitted annually by the Fire Chief to the Chairman of the Lebanon Fire District Board. It shall contain such statistics and information related to the mission of the Bureau of Fire Prevention as the Chief of the Fire District deems appropriate, together with any amendments to this Ordinance, which, in the Fire Chief's judgment, are desirable.

Section 5. Definitions.

(a) Where the word "jurisdiction" is used in the Uniform Fire Code, it shall be construed to mean the jurisdiction of the Fire District.

(b) Wherever the phrase "Corporation Counsel" is used in Uniform Fire Code, it shall be construed to mean the attorney for the Fire District.

(c) Wherever the phrase "Chief of the Bureau of Fire Prevention" is used it shall be construed to mean the Fire Marshall.

(d) Wherever the phrase "Building Code" is used it shall be construed to mean the State Building Code adopted by the State of Oregon.

Section 6. Establishment of Limits Within the Fire District in Which Storage of Flammable Liquids in Above Grounds Tanks Shall be

Restricted.

In addition to the standards, requirements and restrictions set forth in the State of Oregon Fire Code relating to flammable liquids, the following shall apply within any incorporated City located in the Fire District:

(a) All installations of tanks for the storage of flammable liquids which are above-ground and out of doors must be enclosed to prevent public access thereto and must be self-contained dyke-type tanks with a capacity which shall not exceed 600 gallons. Discharge nozzles shall not be equipped with lock-open devices.

(b) The District may permit exceptions to the restrictions contained in the preceeding subsection based upon the request of an industrial or manufacturing entity or governmental unit, if the Chief of the Fire District in the Chief's sole discretion determines that the particular above-ground tank will not pose a fire or public safety risk.

Section 7. Establishment of Limits within the Fire Districts in Which Bulk Storage of Liquefied Petroleum Gases shall be Restricted.

In addition to the standards set forth in the State of Oregon Fire Code relating to liquefied petroleum gases, the following shall apply within any incorporated City located in the Fire District:

(a) Notwithstanding any inconsistent provision in the State of Oregon Fire Code, no person shall install or maintain a facility or combination of facilities for bulk storage of liquefied petroleum gas with a capacity in excess of 499 gallons (water) unless such facility or facilities are located within an industrial district and have first been authorized by State Fire Marshall permit.

(b) Not withstanding any inconsistent provision in the State of Oregon Fire Code, no person shall add storage capacity at an installation for the storage of liquefied petroleum gas such that the aggregate storage capacity exceeds 499 gallons (water), provided that in a particular installation a higher capacity limit may be approved in the sole discretion of the Fire Chief, after consideration of features such as topographical conditions, nature of the occupancy and proximity to buildings, capacity of proposed tanks, degree of private protection to be provided and facilities and capabilities of the Fire District.

Section 8. Establishment of Limits within the Fire District which Storage of Explosive and Blasting Agents shall be Prohibited.

Explosives, including special high explosive material, and gun powder in quantities in excess of 100 pounds, shall not be stored within the territory of an incorporated City located in the Fire District.

Section 9. Amendments Made in the Uniform Fire Code.

The Uniform Fire Code adopted by reference by this Ordinance is amended in the following respects:

(a) Section 2.102 of the Uniform Fire Code adopted by reference by this Ordinance is amended to read as follows:

"The Chief, with approval of the Fire District Board, is authorized to make and enforce such rules and regulations for the prevention and control of fire hazards as periodically may be necessary to carry out the intent of this Code."

(b) Section 2.303 of the Uniform Fire Code adopted by reference by this Ordinance is amended to read as follows:

"The National Fire Code as it is now constituted or may hereafter be amended shall be added to the list of publications specified in Section 2.303(b) of the Uniform Fire Code."

(c) Article IV of the Uniform Fire Code adopted by reference by this Ordinance relating to permits is hereby deleted in its entirety.

(d) Section 12.104(a) of the Uniform Fire Code adopted by reference by this Ordinance is amended, and new subparagraphs (f) and (g) are added to Section 12.104 as follows:

(i) "12.104 (a) Doors and windows provided for egress purposes shall be maintained as provided in this Article."

(ii) "12.104 (f) Every sleeping room below the third story shall have at least one (1) operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools."

(iii) "12.104 (g) All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of five and seven-tenths (5.7) square feet. The minimum net clear opening width dimensions shall be twenty (20) inches. The minimum net clear opening height dimensions shall be twenty-four (24) inches. Where windows are provided, as a means of egress or rescue, they shall have a finished sill height not more than forty-four (44) inches above the floor."

Section 10. Authorizing Inspections.

The Fire District, its officers, and employees, are hereby authorized to conduct inspections in accordance with this Ordinance. However, notwithstanding any provision in the Uniform Fire Code (adopted by reference by this Ordinance), relating to inspections, the Fire District and its employees shall not be required or obligated to conduct any inspection referred to or provided for therein. Inspection activity shall be conducted within the capability and staff limitations of the Fire District as determined by the Fire Chief, or Fire Marshall. The Fire District and its officials and employees, shall not be liable in damages or otherwise for any failure to inspect, license or hold drills; for the manner or extent of any lawfully conducted inspection; or any damages alleged to have been caused or in fact caused by any failure to inspect anything or any premises.

Section 11. Appeals.

Whenever a correction order is issued, and it is claimed that the provisions of the Code do not apply or that the Code has been misinterpreted or construed improperly, the person adversely affected may appeal the decision to a Board of Appeals within ten (10) days from the date of the enforcement action. The Board of Appeals shall consist of those individuals listed in Section 10 of this Ordinance. A person adversely affected may appeal a decision of the Board of Appeals to the Fire District Board within ten (10) days of that decision. Each appeal shall be by written submission which shall set forth all matters deemed relevant by the applicant. A person who submits a written appeal may appear personally before the Board of Appeals and the Fire District Board upon request. Notwithstanding the right to appeal, a person who appeals an adverse order must immediately abate and correct any condition which poses a threat to life or personal safety if the person has received a 24-hour correction order.

Section 12. New Materials, Processes, Procedures or Occupants.

Upon request, the Chairman of the Fire District Board, the Fire Chief, the Chief of the Bureau of Fire Prevention and the Building Official shall act as a Committee to determine and specify any acceptable alternative to the requirements of the Code, in the use of new materials, processes, procedures, or occupancies, to meet the intent of the Code.

Section 13. Penalties.

(a) Any person who violates any of the provisions of the Code or fails 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 and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals, the Fire District Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance respectfully, be guilty of a Class C misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or be construed so as to 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 day period during which such prohibited conditions shall continue after notice of the offense to the violator shall constitute a separate offense.

(b) The application of any penalty pursuant to the preceding subsection shall not be held to prevent judicial process to force the removal of the prohibited conditions.

Section 14. Validity.

The Fire District Board and the Board of Commissioners for Linn County hereby declare that should any section, paragraph, sentence, or word of this Ordinance or of the Code hereby adopted be declared invalid for any reason, it is the intent of the Fire District Board and Board of Commissioners for Linn County that each would have passed all other portions of this Ordinance without regard to any such portion as may be declared invalid.

Section 15. Emergency Clause.

Inasmuch as the provisions of this Ordinance are necessary for the immediate preservation of the peace, health, and safety of the people of the Fire District, an emergency is hereby declared to exist. This Ordinance shall he in full force and effect immediately upon its passage by the Fire District Board and approval by the Linn County Board of Commissioners.

Passed by the Council in 1991.