Ordinance No. 70-44 CITY OF TIGARD, OREGON
ORDINANCE No. 70--_±�_
AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING THE APPLICA-
BILITY TO THE CI'T'Y OF TIGARD OF THE FIRE PREVENTION CODs, ADOPTED BY
THE VOTERS OF THE TUALATIN RURAL FIRE PROTECTION DISTRICT, INCLUDING
THE CITY 01 TIGARD, BY REFERENDUM OF May 26, 1966 ; PRESCRIBING
STANDARDS FOR ON-SITE FIRE PROTECTION FACILITIES WITHIN THE Cliff OF
TIGARD; PROVIDING APPROVAL OF TIRE FACILITIES BY THE TUALATIN RURAL
FIRE PROTECTION DISTRICT AS CONDITION PRECEDENT TO ISSUANCE OF BUILD-
ING PERMITS; PROHIBITING OBSTRUCTION OF .ACCESS TO RISK AREAS: RE-
QUIRING .FIRE INSPECTION OF COMPLETED FACILITIES PRIOR TO OCCUPANCY;
ESTABLISHING RESPONSIBILITY FOR MAINTENANCE OF FACILITIES; PROHIBITING
OBSTRUCTION OF FIRE HYDRANTS AND SIMILAR FIRE CONNECTIONS; PRESCRIBING
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council of the City of Tigard does hereby ratify,
confirm and adopt the Fire Prevention Code of the
Tualatin Rural Fire Protection District as adopted by the legal
voters of the District, including voters of the City of Tigard, at
a referendum election on the 26th day of May, 1966, and any amend
ment or recodification or re-enactments thereof.
Section 2: That the following additional sections are hereby adopted
as amendments and supplements to the fire Prevention Code
as adopted under Section 1 hereof:
(a) Definitions. For the purpose of this section, unless it
is plainly evident from the context that a different meaning is in
tended, certain terms used herein are defined as follows:
1. 91Adequa.te water supply" shall mean reasonable
flow of water which the Chief of the Fire Department de-
termines is necessary to protect any building or strucw
tore against fire on the land to be developed.
2. "To develop land" shall mean to make any improve
ments or do any work upon such land which would require
the issuance of a building permit under the Building Cade of
the City of Tigard.
3. 'Developer" shall mean the owner or other person
responsible for the development of the land in question.
For purposes of this section, the terms "owner" and
"person" shall be applied in their usual and customary
context.
4. "Faeilities" shall mean such water mains, fire
hydrants, and appurtenances thereto as are necessary
E
for fire protection.
y> "Fire Chief" shall mean the Chief of the Tualatin
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Rural Fire Protection District, or his duly authorized
representative, who is charged with the administration
and enforcement of the Fire Prevention Code as it pres-
ently exists, or hereafter may be amended.
6. "Judgment" shall mean the judgment of the Chief
of the Fire Department, based upon sound fire protection
principles, which judgment shall be conclusive.
7_ "Land" shall mean any lot, parcel, acreage or
building site, or any other land or portion thereof em-
braced within a common plan of development, whether im-
proved or unimproved.
8. "Access" shall mean a twelve (12). foot unobstructed
ii:gress and egress for fire-fighting equipment.
(b) Review by Fire Chief. Every application for a building
permit and accompanying plans shall be reviewed by the. Fire Chief
and a determination made whether any building or structure on the
land to be developed is or will by virtue of said development become
in excess of 150 feet from an adequate water supply. If upon such
review it is determined that the fire protection facilities mentioned
herein are not required or that they are adequately provided for in
the plans, the Fire Chief shall endorse his approval thereon.
If adequate provisions for suc_*a facilities are not made,
the Fire Chief shall either disapprove said plans and indicate to
the applicant in writing, wherein they are deficient or approve said
plans subject to conditions. If the Fire Chief shall fail to take
any action with respect to any plans which have been submitted to
him., for a period of 15 working days, said plans shall be deemed
approved.
(c) On-situ Facilities Required. When any land is developed
in such a manner that all or a substantial part of any building or
structure thereon is or becones in excess of 150 feet from an adequate
water supply for fire protection, the developer shall provide such
fire protection facilities Ppon the land as shall be determined
necessary to provide adequate water supply.
The Fire Chief may prescribe that the development include
installation of such on-site fire protection facilities as in his
judgment are necessary to provide an adequate water supply on the
land to be developed. Said installation shall be at the expense of
the owner or developer.
All facilities required to be installed hereunder shall
be approved by and meet the specifications of the Fire Chief and
the Public Works Director as to location, size and type of ma.arials,
and manner of installation. All inspection costs shall be pai3 by.
the owner or developer.
(d) Adequate* 'Mater Supply. The following calculation shall
serve as a guide to determine capacity. of facilities required to fur-
nish an adequate water supply to individual ?,uildings:
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M1111111011- IMP -1
Gallons Per
Item Formula Minute Required
ired
(1) A = Ground area of 1000 + A
building in 10 -
( square feet
-(Net-to exceed
5000 G.P.M.)
(2) H - Height in 500 x (H-1)
number of
stories
of to exceed
3000 G.P.M.)
Flow required in (1) + (2)
Gallons per Minute
(e) Facility Flow Requirements. The fire protection facili.-
ties shall be adequate to convey the required quantity of water, as
determined by the above calculation, to any outlet in the system,
with no less than 20. pounds per square inch residual pressure at the
outlet being, considered, with the required quantity of water flowing.
(f) Availability of Supply. Hydrants with the Tualatin. Rural
Fire Protection District shall be taken into account in determi.ning
whether an adequate water supply exists with reference to a given
building. Other water sources may be counted as contributing to
said supply, if, in the judgment of the -Fire 'Chief, said source is
dependable, readily accessible, adaptable to use by District equipment,
and within reasonable distance of the iouilding or portion thereat' to
be served by said source. No source on private land adjoining the
land to be developed shall be considered to be readily accessible
unless there shall be obtained the irrevocable and unobstructed right
to use the same upon such terms as may be approved by the Fire Chief.
(g) Access for Fire Fighting Equipment. Whenever any hydrant
or other appurtenance for use by the _ie Department is required to
be installed under the provision of this section, there shall be
included in said development plan, and delineated thereon, adequate
provisions for access to and from every such hydrant and appurtenance
by District fire fighting equipment. Said access shall be in the
form of an improved, permanently maintained roadway or of an open
paved area, or any combination thereof, designed, constructed and at
all times maintained in such a manner that there shall be an access
way kept clear and wnobstructed at such grades and having sufficient
width and height clearance to permit ingress and egress by District
fire fighting equipment.
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1. Access to Facilities to be Kept Open. Whenever
any on-site fire protection facilities or accessways have
been installed as provided in this section, either pur-
suant hereto or prior to the effective date hereof, the
following provisions shall be applicable;
(Z.i) ited. With re-
spect to hydrants located along private accessways where
curbs exist, said curbs shall be painted yellow or other-
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wise appropriately marked by the owner, lessee, or other
( person in charge of the premises to prohibit parking for
a distance of 10 feet in either direction from any such
hydrant. In such cases where curL3 do not exist, there
z shall be appropriate markings painted on the pavement,
or signis erected, or both, giving notice that parking is
prohibited for a distance of 10 feet from any such hydrant,
NO pei-Sura uhal'1 park oil leave standinrr, a vehicle within
10 feet of any such fire hydrant.
(1.2) Access - Obstruction Prohibited. No owner
or lessee of the land or proprietor, partner, officer,
director, manager or agent of any business or other activ-
ity carried on upon the land, shall, after receiving
notice thereof, permit or otherwise allow, and no person
shall cause any activity, practice, or condition to occur
or exist or continue to exist upon said land which shall
lessen, or obstruct or impair the access required to be
maintained under subsection (g).
(1.3) Access - Parking Maw� be Prohibited. If in
the judgment of the Fire Chief�i.s necessary to prohibit
vehicular parking along private accessways in order to keep
them clear and unobstructed, he may require the owner, lessee,
or c`cher person in charge of the premises to paint the curbs
or install signs or give other appropriate notice to the
effect that parking is prohibited by the Fire Department. It
shall thereafter be unlawful for any such owner, lessee, or
other person in charge to fail to install and maintain in
good condition the form of notice so prescribed.
It shall be unlawful for any person to
park or leave standing a vehicle adjacent to any such
curb marking or contrary to such sign.
(h) Facilities to beProvided During Initial Stags ae of rCon-
struction.' When it is deemed that fire fighting facilitiee re
quired to be installed as required by this section, by the developer,
such facilities as may be required shall be installed and made serv-
iceable prior to or at the time any combustible construction begins
on the land;> unless, in the opinion of the Fire Chief, the nature of
circumstances of said facilities makes it impractical to so require.
(i) Final Inspection__. No final inspection under the Building
and related Codes set forth in the Uniform Building Code of 1970 of
the City of Tigard as to all or any portion of the development shall
be deemed completed and ne certificate of occupancy or temporary
certificate of occupancy shall be .issued unless and until the Install-
ation of the prescribed facilities and accessways have been completed
and the final approval thereof of the Fire Chief and the Building
Division given.
(j) Maintenance of Facilities. All on-site fire protection
facilities, whether insta ted before or after the effectsve date of
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this action, shall at all times be maintained in good working order
by the owner thereof. To this end, the Fire Chief is hereby em-
powered in his discretion to conduct periodic tests and inspection
6f said facilities. If the Fire Chief determines that said facilities
are not being maintained as required by this section, he may order
that the owner or lessee of the land make the necessary repairs or
changes within 10 days or such longer time as in his judgment is rea-
sonable. It shall be unlawful for any such person to fail or refuse
to comply with any such order.
(k) Aeration or Modification of Facilities. On-site fire
protection facilities, whether installed before or after the effective
date of this section, may be altered or repaired with the consent of
the Fire Chief, -provided that such alteration or repairs shall be
carried out in conformity with the provisions of subsection (c).
Section 3c Obstructing Fire Hydrants and Other Fina Protection
Connections. 'o person shall oostruct any fire hydrant
or tither fire department fire hose connection ar place of deposit
any lumber, rock, sand, vehicles, debris, or other substance within
15 feet to the front or either side of any such fire hydrant or
fire department coarectfarx, or any walls, fences, hedges, screen
planting or any constr.uctian of any kind within 3 feet to the rear
of such hydrant or connection on any public or private property in
the City. The use of wrenches, other than those with pentagonal
heads, for the purpose of opening or shutting of any fire hydrant
is strictly prohibited. Na firs hydrant shall be used by ny person
other than amember'of the Fire Department, a city e.ployee author
ized to do so, or an employee of the department of utilities supply-
itag water to the hydrants.
Section 4: Penalties. Supplementary to the penalties provided by
Section 11 of the Fire Prevention Code adopted by the r
voters of the Tualatin P.urs.l Fire Protection District, effective
July 1, 1966, any violation of this Ordinance with respect to which
no applicable penalty exists under said District Fire Prevention
Code2 shall be punishable upon conviction by a fine of not less than
$50,00., nor more than $50(;.00., for each offense.
Section 5 r1e ea All ordinancesor portions of ordinances of the
City of Tigard now in effect to the extend inconsistent
herewith, are hereby repealed.
Section 6: Emer enc Clause: InasmAch as the ordinances of the
City o Tigard danot now provide for on-site fire
re-
protection facilities and the additional rules and regulations et
quired;hereby and it is necessary for the peace, health and safety
of the-people of the City of Tigard that provision be made as herein
provided with the least possible delay, an emergency is hereby de
dared to exist and this Ordinance shall be effective upon its pas
sage by the Council and approval by. the Mayor.
PASSED: By unanimous vote of all Council members present,, after
being read three times by number and title only, this
_ day of O ctQ gv ,19T0•
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Recorder - City of T and
APPROVED: By the Mayo*, this �%L _� of 1970•`:
M yoz' - Ci �T �
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