Ordinance No. 07-18 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 07- i
AN ORDINANCE ADOPTING TUALATIN VALLEY TIRE & RESCUE ORDINANCE 07-01
ADOPTING THE 2007 OREGON FIRE CODE AND REPEALING ORDINANCE NO. 05-02
WIEREAS, the City of Tigard enforces the State Buulduzg Code under the authority of ORS 455.150
within in the City of Tigard ; and
WHEREAS, Tualatin Valley Fire & Rescue (-FVT&R) provides fire prevention and firefighting services
to die City of Tigard; and
WHEREAS, TVF&R Ordinance 07-01 adopts die 2007 Oregon Fire Code as shown in Exhibit "A";
and
WHEREAS, it is necessary to adopt TVF&R Ordinance 07-01 in order for TVF&R to apply the
Oregon Dire Code within the City of Tigard.
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NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Pursuant to ORS 478.924, the 2007 Oregon Fire Code as adopted by Tualatin Valley
Fire and Rescue, a Rural Fire Protection District as Ordinance 07-01 (Exhibit A), is
hereby adopted by the City of Tigard as the City's Fite Code.
SECTION 2: Ordinance No. 05-02 is hereby repealed.
SECTION 3: TI-ds ordinance shall be effective 30 days after its passage by d1e Council, signature
by die Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by
nuunber and title only, this r�day of a,��r�� l�/z., 2007.
Carol A. I lager,Deputy City Recorfifer
ORDINANCE No. 07- f g
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APPROVED: By Tigard City Council this day of C%�/ C�� , 2007.
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Craig itltsen, Mayor
Approved as to form:
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Citorney
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Date
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ORDINANCE No. 07-
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EXHIBIT A
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ORDINANCE 07-01
AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY
FIRE AND RESCUE A RURAL FIRE PROTECTION DISTRICT, PROVIDING A REASONABLE
LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE HAZARDS OF FIRE, EXPLOSION
OR DANGEROUS CONDITIONS IN NEW AND EXISTING BUILDINGS, STRUCTURES, AND PREMISES
AND TO PROVIDE SAFETY TO FIREFIGHTERS AND EMERGENCY RESPONDERS DURING
EMERGENCY OPERATIONS, AND REPEALING ORDINANCE 04-01.
WHEREAS, Tualatin Valley Fire & Rescue, A Rural Fire Protection District, has developed uniform
fire regulations for the jurisdictions served; and,
WHEREAS, Tualatin Valley Fire and Rescue, A Rural Fire Protection District, hereinafter referred to
as the District, finds it necessary to adopt regulations that establish a minimum level of fire safety, thus
does hereby adopt the following regulations; and now, therefore;
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IT IS ORDAINED AS FOLLOWS:
TITLE AND FILING:
This ordinance, including the codes hereby adopted, shall be filed in the record of the District and in the
office of Washington, Multnomah, and Clackamas County Clerks and Oregon State Fire Marshal's office as
prescribed by ORS 478.940. A copy shall be posted at each fire station within the District. From the date
on which this ordinance shall take effect, provisions thereof shall be controlling within the territorial limits
of the District and within each city and county within the District approving pursuant to ORS 478.924. The
whole of this ordinance shall be known as the Fire Prevention Code and may be referred to as the Fire Code
and shall be enforced by the Fire Marshal's Office created by Ordinance 91-02.
SCOPE:
The purpose of this code is to establish the minimum requirements consistent with nationally recognized
good practice for providing a reasonable level of life safety and property protection from the hazards of fire,
explosion, or dangerous conditions in new and existing buildings, structures, and premises and to provide
safety to firefighters and emergency responders during emergency operations as authorized by QRS 478.910
SECTION I--ADOPTION OF THE 2007 OREGON FIRE CODE:
The following code is hereby adopted by the District for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion. Those certain codes and standards known
as:
A. The International Fire Code, 2006 Edition, as published and copyrighted by International
Fire Code Council and as amended and adopted by the Oregon State Fire Marshal's
Office and known as the 2007 Oregon Fire Code.
Tualatin Pulley Fire&Rescue 1 Ordinance 07-01
SECTION II—ENFORCEMENT OF CODE
Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and
premises or testing of fire protection systems and equipment,e.g. Sections 106.2, 901.6 and 907.20.2 or
provisions providing for enforcement of the Code, such inspections,testing and enforcement of the Code
shall be discretionary by the Chief and other individuals charged by the Chief with such activities. The
District recognizes that it has limited financial resources with which to provide fire, rescue and other
services and functions and is forced to make public policy decisions as to allocation of District resources.
Although the District places a high priority on prevention, inspection and maintenance of fire systems, due
to financial limitations, it is the Board's policy to require inspections only so often as necessary to provide a
reasonable level of fire and life safety. Accordingly, although the Fire Chief and other individuals charged
by the Chief with these activities are encouraged to pursue them,performing such activities, as well as the
scope and frequency of such activities, shall be within the discretion of the Fire Chief. It is the intention of
the District to make clear that the District's duty to perform the inspections and testing,or to take
enforcement actions, as set forth in the Code is limited to providing a reasonable level of fire and life
safety. Such actions are discretionary.
SECTION III—AMENDMENTS MADE IN THE 2407 OREGON FIRE CODE:
The 2007 Oregon Fire Code is hereby adopted without amendments.
SECTION IV—PENALTIES
Any person who violates any of the provisions of these regulations hereby adopted or fails to comply
therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of
any detailed statements, specification or plans submitted and approved thereunder and from which no
appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the Board
of Appeals or by a court of competent jurisdiction within the time affixed herein, shall severally, for
each and every such violation and non-compliance respectively,be guilty of a violation of the Fire
Prevention Code as provided in ORS 478.930, punishable upon conviction as prescribed by ORS
478.990. All fines or punishments authorized upon conviction shall include the costs to the District to
remedy the violation including costs of towing, storage, or removal of the hazard or obstruction if
necessary.
The Chief or designated representative may bring a complaint in law or in equity to alleviate a violation
of this ordinance as well as in addition to the rights to enforce said ordinance under the provisions of
ORS 478.930 and ORS 478.990.
SECTION V—FIRE CODE BOARD OF APPEALS
As authorized by ORS 479.180, the District may establish a board of appeals. Such board of appeals
may be implemented through bylaws and other procedures adopted by ordinance of the District_ In the
event that the Fire District Board adopts a board of appeals, the provisions of this ordinance, where
appropriate, are subject to the board of appeals procedures. j
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Tualatin Valley Fire& Rescue 2 Ordinance 07-01
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SECTION VI—REPEAL OF CONFLICTING ORDINANCES
The provisions of this ordinance, i.e. the Fire Code, shall be controlling within the territorial Iimits of the j
District and within each city and county within the District approving pursuant to ORS 478.924. The
existing fire code, Ordinance 04-01,has been approved within each city and county within the District.
The District desires that the existing fire code continue in effect until such time as the cities and counties
within the District have approved this new Fire Code pursuant to ORS 478.924. Accordingly, Ordinance
04-01, and all former ordinances or parts thereof,which are conflicting or inconsistent with the provisions
of this ordinance or of the code or standards hereby adopted, are hereby repealed,effective the effective
date of this ordinance; provided, however,that Ordinance 04-01 shall continue in effect in each city or
county which has approved it until the city or county approves this Ordinance 07-01. Further, prosecutions
or violations under repealed ordinances may continue after the effective date of this ordinance.
SECTION VII—VALIDITY
The District hereby declares that should any section, paragraph, sentence, or word of this ordinance or
of the Codes or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the
District that it would have passed all other portions of this ordinance independent of the elimination of
any such portion as may be declared invalid.
SECTION VIII—DATE OF EFFECT '
The Board of Directors of the Fire District finds and determines that it is necessary and expedient that
the provisions of this ordinance become effective 30 days following adoption, as authorized by ORS
198.570.
First reading by Title only this c o day of D. UAJ E� _ _ 2007.
Second reading by Title only this c2-4J ` day of A/�V�- ,2007
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PASSED by the District this day of_ �L��T 2007. it
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PRESID T SE TA Y-TREASURER
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Tualatin Valley Fire&Rescue 3 Ordinance 07-07
ATTACHMENT 3
CITY OF TIGARD, OREGON
ORDINANCE NO. 05- Da
AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE 04.01,
AMENDING THE 2004 OREGON FIRE CODE AND DECLARING AN EMERGENCY
WHEREAS, Tualatin Valley Fire & Rescue (TVF&R)provides fire prevention and firefighting sezvices to
the City of Tigard;and
WHEREAS, TVF&R is granted authority by the Office of the State Fire Marshal to amend the State
adopted Fire Code;and
WHEREAS, the State Fire Marshal adopted the 2003 edition of the Internationaf Fire Code on October
1,2004; and
WIJEREAS, when the State adopted the 2003 edition of the International Fire Code, it because the 2004
Oregon Fire Code; and
WHEREAS, TVF&R f Cher amended the 2004 Oregon Fire Code with Orduiance 04-01, as shown in
Exhibit"A"; and
WHEREAS,this ordinance will adopt those amendments made to the 2004 Oregon Fire Code; and
WHEREAS, the City Council has historically adopted previous Tualatin Valley Fire & Rescue
ordinances whenever there was a new edition of the fire code; and
WHEREAS, it is necessary to adopt these amendments in order for Tualatin Valley Fire & Rescue to
apply the Fire Code within the City of Tigard,
NOW,THEREFORE, TIIE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The City of Tigard adopts amendments to the 2004 edition of the Oregon Fire, Code as
amended by Tualatin Valley Five&Rescue and shown in Exhibit A,Ordinance 04-01.
SECTION 2: Because flus ordinance is necessary for the preservation of the health, safety and welfare
of the City, an emergency is declared to exist and this ordinance shall be in full force
and effect inunediately on passage.
PASSED: By U1W?nVn?Q1.5 vote of all Cotiuicil members present afler being read by munber
and title only,this a.5f-tay of 2005.
Catherine Wheatley, City Recorder
ORDINANCE No. 05-
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