Loading...
Resolution No. 91-30 i CITY OF TIGARD, OREGON RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF TIGARD, AMENDING RESOLUTION NO. 86-114, AND APPROVING AS TO FORM THE TUALATIN VALLEY FIRE AND RESCUE DISTRICT ORDINANCE 9101. WHEREAS, the City Council has received and. reviewed the proposed Tualatin Valley Fire and Rescue District Ordinance 91-01; and WHEREAS, the City Council feels there is a need to update the fire codes, and to proscribe regulations governing conditions hazardous to life and property from fire and explosion; and WHEREAS, certain provisions Of the aroposed Tualatin Valley Fire and Rescue District Ordinance 91-01 are identical to provision of rhe c:iry•s Building Coote, consistent interpretation: and thereby requiring uniform and WHEREAS, the Tualatin Valley Fire and Rescue District, a Rural Fire Protection Tuastrict will be latin Valley Fire responsible and Ras cue District Ordinance 91-01for the administration nd enforcement o£ the NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: n Valley Fire and Rescue District Ordinance No. 91-01 be approved as to form as authorized by ORS 478.924, and set forth in Exhibit 'A' The Tualati of this resolution. Section 2: In the event that a provision identical in both the Tigard Municipal Code and Tualatin Valley Fire and Rescue District Ordinance No. 91-01, which requires interpretation, the determination of the Building.official shall be final and binding. {{ - PASSED: This 1 SJ day of -f'yl 1941. uracil President ATTEST: City Recorder - CiLy C,Z Tsgaccl RESOLUTION NO. 91- Page 1 TUALATIN VALLEY FI1RE & RESCUE CUE r AND BEAVERT®N FIRE DEPARTMENT 4755 S.W.Griffith Drive• P.O.Box 4755•Beaverton,OR 97076•(503)516-2469•FAX 526-2538 February 22, 1991 To City Officials, County Commissioners,and Fire Board Directors: The undersigned Building officials who are in the fire district feel that the Fire Code ordinance as presented by Tualatin Valley and Rescue should be approved as written. This ordinance shall be adopted as soon as possible by the cities and counties after the adoption of the Tualatin Valley Fire and Rescue Board of Directors. tin Brown, Building official Bob Kelly, Buiy ng Official City of WilsonvilleWashington C4oLnty LIZ—= TY Keni o thy, Building 1 Brad Roast, B 'dingOfficial City of Beaverton City of Tigard nne Stetzel, BLVilding Officialm Jaq lding Official City of Tualatin City o ur am f, -W—klrtg"Smoke Detector Save Lives R Exhibit "A" ORDINANCE 91-01 AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS _ USES OR OPERATIONS, AND REPEALING ORDINANCE 90-01. WHEREAS, the Fire Marshals of the City of Beaverton and Tualatin Valley Fire and Rescue, a Rural Fire Protection District, have met and developed uniform regulations for each jurisdiction; and, WHEREAS, the Tualatin Valley Fire and Rescue, a Rural Fire Protection District, hereinafter referred to as the District, desires to and finds it necessary to adopt the following regulations to provide minimum fire safety and that a plan for inspections and maintenance will upgrade existing structures, thereby reducing hazards of fire,thus does hereby adopt the following regulations; and now, therefore, 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 the county clerk and 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 the territorial limits of the District and within each city or 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. SCOPE' This Fire Code provides minimum life and fire safety regulations to reduce the hazards of fire and explosion. The code also protacts life and property to a reasonable degree by supplementing laws relating to fire safety and shall apply to existing buildings. { Page 2 SECTION I ADOPTION OF UNIFORM CODES The following codes are 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 the: A. Uniform Fire Code, 1988 Edition, including Appendices Ii-D, II-E, Ili-A, III-C, V-A, VI-A, VI-B, and VI-D as published and copyrighted by the Western Fire Chiefs Association and international Conference of Building Officials, except as hereinafter amended by this Ordinance. g, Uniform Fire Code Standards, 1988 Edition, as published and copyrighted by the Western Fire Chiefs Association and International Conference of Building Officials, except as hereinafter amended by this Ordinance. C. Uniform Building Code, 1988 Edition, as published by and copyrighted by the International Conference of Building officials and amended by the State of Oregon Building Codes Agency. EXCEPTIONS: The following chapters, sections, subsections, paragraphs, sentences, and words have been deleted from this adoption: 1. Chapters 23, 24, 25 (except Section 2516(f)), 26, 27, 28,29 30, 31, 34, 35, 53, 57, Appendix, Chapters 11, 12, 23, 35, 38, 49, and 57. 2. Sections, subsections, and tables 204, 205, 510, 511, Table 5-E, 605, 705 (except second and third paragraphs), 805, 905(a), 905(d), 1005, 1205, 1306, 1707, 1802, 1902, 2002, 2102, 2202, 3207, 4007, 4503, 4712, 4713, and 4714. D. Uniform Building Code Standards, 1988 Edition, as published and copyrighted by the international Conference of Building Officials. E. Uniform Mechanical Code, 1988 Edition, as published and copyrighted by the International Conference of Building Officials and amended by the State of Oregon Building Codes Agency. SECTION II. DEFINITIONS Definitions set forth in the Uniform Building Code,Uniform Mechanical Code, Uniform Fire Code and the National Fire Code (NFPA) are hereby adopted save and except for the following: A. Whenever the terms "Administrator", "Director" or "Chief' are used, they shall be held to mean the Fire Chief or his authorized representative. �W Him f Page 3 B. whenever the term "Authorized Representative" is used, it shall be held to mean the person charged with enforcement of the Fire Prevention Code. C. Whenever the term "Board of Appeals" is used, it shall be held to mean the Board of Appeals that is provided by the Fire Prevention Code of the District. D. Whenever the term "Board of Directors" is used, it shall be held to mean the elected officials of Tualatin Valley Fire and Rescue, a Rural Fire Protection District. E. Whenever the term "Building Code" is used it shall be held to mean whichever building code is currently in use in the particular jurisdiction served by this fire department or the particular building code or codes adopted by this district. F. Whenever the term "Building Department" is used it shall be held to mean the building department of the city or county of which it is a part thereof,or the Fire Prevention Division of the fire district. G. Whenever the term "Building Official" is used in the Uniform Building Code, Uniform Mechanical Code and ORS Chapter 456, it shall mean the Building official of the City or County which is a part of this district. H. Whenever the term "Chief' or "Chief of the Fire Department" is used, it shall be held to mean the Fire Chief of the District. I. Whenever the term "Chief of Police" is used, it shall be held to mean whichever Chief of Police or Sheriff has jurisdiction within the geographical area so affected. J. Whenever the term "Corporate Council" or "City Attorney or "Attorney General" is used, it shall be held to mean the Attorney for the District. K. Whenever the term "District" is used, it shall be held to mean Tualatin Valley Fire and Rescue, a Rural Fire Protection District. L. Whenever the term "jurisdiction" "city" "county","state", or "municipality" is used, it shall be held to mean the district or the city or county of which this District is a part. M. whenever the term "hazardous vehicle" is used, it shall be held to mean vehicles blocking or obstructing a public or private right-of-way, fire hydrants, vehicles with leaking gas tanks or- other rother products, and vehicles located in violation of the Fire Prevention Code. Page 4 N. Whenever the term "room" is used, it shall be held to mean a space or area bounded by any obstructions to exit passage which at any time encloses more than 80 percent of the perimeter of the area. In computing the unobstructed perimeter, openings less than 3 feet in clear width and less than 6 feet 8 inches high shall not be considered. SECTION ill, ESTABLISHMENT OF LIMITS OF DISTRIQTS_I_N WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE Lic UIDS IN OUTSIDE ABOVEGROUND TANKS IS E PROHIBITED The limits, referred to in Section 79.501 of the Uniform Fire Code relating to the storage of Class I and 11 flammable or combustible liquids in outside aboveground tanks, are the limits of the District. EXCEPTION: The Fire Marshal, after consideration of built-in fire protection or fire extinguishing facilities or topographical conditions and the District's firefighting capabilities may permit the installation of aboveground storage in industrial areas, farms, gravel pits, rock quarries and other isolated areas. SECTION IV. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS PROHIBITED The iimics, referred to in Section 77.106(b) of the Uniform Fire Code in which the storage of explosives and blasting agents is prohibited, are the limits of the District. EXCEPTION: The Fire Marshal, after consideration of built-in fire protection or fire extinguishing facilities or topographical conditions, and the District's firefighting capabilities, may permit the storage of explosives and blasting agents on farms, gravel pits, rock quarries, and other isolated areas when the storage of explosives and blasting agents meet the requirements of the Fire Prevention Code. SECTION V. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM IS TO BE RESTRICTED The limits, referred to in S:-ction 82.105 of the Uniform Fire Code in which storage of liquefied petroleum gas is restricted, is hereby established as the limits of the District. EXCEPTION: The Fire Marshal, after consideration of built-in fire protection or firefighting facilities or topographical conditions, and the District's firefighting capabilities, may permit the installation of liquefied petroleum-gas containers in industrial areas, farms, gravel pits, rock quarries, and other areas, and then only when approval has been obtained pursuant to Section 82.102 of the Fire Prevention Code. SECTION VI. AMENDMENTS i4ADE IN THE UNIFORM FIRE CODE { The Uniform Fire Code is amended and changed in the following respects: WANe Page 5 1. Article 2, Section 2.101 is amended by adding paragraphs (9), (10), (11), and (12) to read: (9) The adequacy of means of approach to buildings and structures by mobile fire apparatus and firefighting personnel. (10) Providing firefighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures. (11) issuance of permits before burning trash or waste material. (12) Inspection of premises by officers designated by the Chief and requiring removal of fire hazards found on premises at such inspections." 2. Article 2, Section 2.102 is amended to read as follows: "The Chief, with the approval of the Board of Directors, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Such rules and regulations shall be adopted under provisions of ORS 198.510 - 198.600 and a minimum of one certified copy of number required by the governing laws of such rules and regulations shall be filed with the Clerk of the District and the Clerk of any cities governed by the jurisdiction and shall be in effect immediately thereafter and additional copies shall be kept in the office of the fire district for distribution to the public." 3. Article 2, Section 2.201 (b) is amended by deleting the following words: "in accordance with the procedure specified in Chapters 4 though 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law" 4. Article,4 is amended by adding a new section as follows: "Section 4.109 Permits and Plan Examination Fees. (a) In order to assist in defraying expenses of issuing permits, examination of plans and on-site inspections as required by this article, a permit and/or plan examination or inspection fee shall be paid at the time the application is filed with the Fire Marshals Office. (b) where plans are incomplete, changed, or violations are not corrected, a fee of 20%of the plan examination may be charged. 4 I Page 6 (c) A re-inspection fee may be charged for re-inspections and each subsequent re-inspection until the violation is corrected. (d) The fire and life safety fees for plan review shall not be in excess of 40% of the building permit fee. (e) The fee schedule shall be set by an ordinance of the Board of Directors. The Fire Marshal shall collect all fees and forward such fce s to the Finance Division of the DictriCt. (f) If the fees provided for in this section are not paid within thirty (30) days after service at written notification by the Fire Marshal, the fees shall be delinquent and penalty equal to the amount of the fee shall be imposed for such delinquency. After ninety days of delinquency, the fees, re-inspection fees, and penalty shall become a lien on the property. Liens shall be collected by the Finance Division in the manner prescribed in law. 5. Section 10.207(k) is amended to read: "(k) obstructions. "The required width of fire apparatus accessways shall not be obstructed in any manner, including parking of vehicles. Signs stating "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810-812" and/or other appropriate notice prohibiting obstructions may be required to be posted and maintained. When a vehicle obstructs a fire apparatus accessway, the Fire Marshal shall order the owner or operator of the vehicle to remove it. if the vehicle is left unattended, the Fire Marshal or his representative may cause the vehicle to be towed." 6. Section 10.301(b) is amended by changing the word "asbestos" to "fire retardant" in line 8. 7_ Section 10.301(c) is amended to read as follows: A. Rural Water Supplv: 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 Firefightinq which is hereby adopted and by this reference becomes a part if this ordinance. Commercial occupancies shall be equipped with a smoke alarm system supervised by a central station which has been approved by the Fire Marshal The alarm system shall be installed in accordance with UFC Standard 14-1 (NFPA 72A) and NFPA 72 E, 1987 Edition, Standard on Automatic Fire Detectors which is hereby adopted and by this reference becomes a part of this ordinance. y gv Page 7 EXCEPTIONS: 1. When smoke detection would produce adverse or false alarms, upon judgement of the Fire Marshal, 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 onion of the Fire Marshal 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 flow, is a light hazard occupancy, and has a smoke detection system installed through- out complying with Uniform Fire Code Standard 14-1 and NFPA Standard 72E that is monitored by a central station which has been approved by the Fire Marshal. 3. When there are not more than two Group R or Group M occupied structures per acre, the requirements of this section may be modified provided, in the opinion of the Chief, firefighting or rescue operations would not be impaired. B. Nater Supplv: An approved water supply for areas inside water districts or municipally developed water supplies capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings are moved to or buildings or portions of buildings are hereafter constructed. EXCEPTIONS: Exceptions #2 and #3 of Section 10.301(c)(A) shall be applied to section 10.301(c)(8). 0. Required Fire Flow: No building shall be constructed, altered, enlarged, or repaired in a manner that by reason of size, type of construction, number of stories, occupancy, or any combination thereof creates a need for a fire flow in excess of 3000 gallons per minute at 20 pounds per square inch residual pressure, or exceeds the available fire flow at the site of the structure. The requirements for determining fire flow for all buiidings are set out in Uniform Fire Code, Appendix III-A, in areas with municipally developed water supplies; or, in NFPA 1231 for rural areas where no municipally developed water supply is available. 1. Fire flow requirements in excess of 3000 gallons per minute may be allowed if, in the opinion of the Chief, all reasonable methods of reducing the fire flow have been included within the development and no unusual hazard to life and property exists. i t I Page 8 2. Existing buildings that require a fire flow in excess of 3000 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 the required fire flow for the buildings. If alterations, additions or repairs are made which exceed fifty percent (50%) of the value of the building based on tax assayer's valuation of the structure, the entire building shall be made to conform with the fire E'._w requirements. D. Fire Hydrant. 1. Commercial Buildings: Fire hydrants shall be located so that no part of a commercial building is more than 250 feet from a fire hydrant as measured in an approved manner around the outside of the structure and along the route of travel accessible to the fire hydrant. EXCEPTION: When such buildings are protected with an approved automatic fire protection system, the Chief may allow variations up to a maximum of 500 feet. 2. Non-Commercial Buildings_: Unless otherwise approved by the Chief, fire hydrants shall be placed at each street intersection. Intermediate hydrants are required when the distance to any part of non-commercial buildings exceeds 500 feet measured in an approved manner around the outside of the structure and along a route of travel accessible to fir's apparatus. For the purposes of (1) and (2) above, a "commercial building" means a building used for other than one and two family dwellings, M, or agricultural occupancies as such occupancies are defined in the Building Code. Fire hydrants on private water mains that are pressurized by a fire department connection shall not be considered to contribute to the above requirements unless specifically approved by the Chief. All facilities required to be installed under Section 10.301(c), as amended, shall be installed by the developer and shall be approved by and meet the specifications and requirements of the Chief as to location, size, and type of materials and manner of installation. Fire hydrant installations shall be in accordance with the American Water Works Asso.:iation Standards. AWW C600-87 Revised Edition. t° �— a�! es®ffi rr aIVA - Page 9 8. Section 10.305(b) is amended by adding an additional paragraph to read: "(b) Fire Department Connections. The location of the fire department connection shall be within seventy (70) feet of a standard fire hydrant assembly. They shall not be attached to the structure so protected unless approved by the Chief." 9. Table Iu.309 is amended by adding an a Aoniai foocr.ote#7 to Occupancy Column Sub 5, Sprinklered Building, Standpipe Class to read: "7. Class II stand pipes as specified in UBC Section 3803(d) shall be provided when processes or conditions exist which would nullify the effectiveness of the automatic sprinkler system. 10. Article 78 is amended to read the same as State of Oregon State Fire Marshal's amendments to the Uniform Fire Code. 11. Article 79, Division IX, is amended as per State of Oregon State Fire Marshal's amendments to the Uniform Fire Code. 12. Article 80, Division 1, is amended by adding a new Section 80.109 as per State of Oregon Fire Marshal's amendments to the Uniform Fire Code. 13. Section 82.101 is amended by deleting the second sentence of paragraph (a) and creating a paragraph (b) to read: "Section 82.101(b) for regulation of liquefied petroleum gas, see ORS 480.410 through 480.460 and OAR 837-30-005 through 837-30-070.- 14. Section 82.102(a) is amended to read: Section 82.102(a) Permits. Reports of Installation and Fees. The Fire Marshal shall be notified prior to the tenth of each month by the installer of all new installations of containers,or receptacles for liquefied petroleum gas, including installations for private homes and apartments that were made during the preceding month. The Fire Marshal may require that the notification include the location and description of the installation and the name of the user. All fees due and payable as provided below shall accompany the notification. The replacement of empty containers or receptacles with other containers constructed in accordance with the Interstate Commerce Commission specifications shall not be considered as a new installation requiring notification to the Fire Marshal or necessitating further inspection of the installation. The Fire Marshal shall collect from the installer an installation inspection fee to cover the cost of initial inspection by the Fire �. Marshal after installation. The installation inspection fee shall be set by ordinance. IBM I Page 10 15. Section 82.102 is amended by adding: "(d) Corrections. When an inspection of any tank does not comply with the requirements of the: Fire Code, the Fire Marshal shall inform the installer, user, or owner abciit any corrections necessary and such corrections shall be made within the time limit established by the Fire Marshal. A re-inspection fee, as set by ordinance, shall be collected for _ each re-inspection at such tank." 16. Article 82 is amended to add a new Section 82.115 to read: "Section 82.115 Utility Plants. No person shall maintain or operate a liquefied petroleum ga.; utility plant without first obtaining a permit from the Chief." 17. Article 82 is amended to add a new Section 82.116 to read: Section 82.116 Licenses. (a) No person shall engage in or work at the business of installing, altering, extending or repairing a liquefied petroleum gas appliance, piping or vent of flue connection pertaining to or in connection with liquefied petroleum gas installation, either as employer or individual, unless the person has received a gas installation license from the State Fire Marshal in accordance with ORS 480.410 to 480.460, as now enacted. (b) No person shall do liquefied petroleum gas fitting or gas vent work, install, repair or remodel piping or venting of an installation or connector or disconnect a liquefied petroleum gas appliance that is subject to inspection under ORS 480.410 to 480.460, as now enacted, unless that person has received a liquefied petroleum gas fitters license from the State Fire Marshal in accordance with ORS 480.410 to 480.460, as now enacted." 18. Appendix I I1-A Part 2 is amended by revising the second sentence to read: "Each portion of a building separated by one or more area separati'pnS wall(s), in accordance with the Uniform Building Code, Section ? (e); may be considered as a separate fire, area(s) for the purpose of determining required fire flow." y/( [,Or r Q C+i Gy" oa5 4 IZe,1 6V-aa T VIEW Gin e Page 11 19. Appendix I i 1-A Part 4 is amended to read as follows: A. The minimum fire flow requirements for one and two-family dwellings shall be 1,000 gallons per minute. EXCEPTION: Fire flow may be reduced by 50 percent when the building is provided with an approved automatic fire extinguishing system. ts. i he required N - ccr c-ther than one and two-family dwellings shall be determined by the size, construction and occupancy hazard of the building being considered as designated by Table 111-A-A and multiplied by the following occupancy factors: Light Hazard occupancies 1.00 Ordinary Hazard (Group 1) 1.10 Ordinary Hazard (Group 2) 1.20 Ordinary Hazard (Group 3) 1.30 Extra Hazard (Group 1) 1.40 Extra Hazard (Group 2) 1.50 (Fireflow = occupancy factor X Table i 1 I-A-A) Note: Examples of hazards may be found in National Fire Protection Standard 13 Standard for the installation of Sprinkler Systems Appendix "A". C. The product of the above multiplication gives the required fire flow. D. In types I and I I F.R. construction, only the three largest successive floor areas shall be used. E. The required fire flow may be reduced by one of the following options, but in no case to less than 1000 GPM @ 20 psi residual. (1) Reduced by 75 percent where a complete approved automatic fire extinguishing system meeting the requirements of the Uniform Building Code, Chapter 38, is installed throughout the building and the system is fully and electrically supervised in accordance with Uniform Fire Code Standard 14-1 and is monitored by an approved central station meeting the requirements of NFPA Standard No. 71, 1989 Edition. t ear 1191'AW, Page 12 (2) Reduced by 50 percent where a complete automatic fire extinguishing system meeting the requirements of the Uniform Building Code, Chapter 38, is installed throughout the building. (3) Reduced by 25 percent where an approved complete smoke sensing f a detection and manual fire alarm system is installed throughout the building and electrically interconnected one with the other and — electrically intertied to an approved central receiving T hu smoke detection shall meet the requirements of NFPA Standard 72-E, 1987 Edition, and manual fire alarm pull and system shall meet the requirements of Uniform Fire code Standard 14-1. The central station shall meet the requirements of NFPA Standard No. 71. 20. Appendix V is amended by adding Section B as per State of Oregon State Fire Marshal's amendments to the Uniform Fire Code. SECTION VII, NEW MATERIALS OR PROCESSES WHICH MAY REQUIRE PERMITS The Chief and the Fire Marshal shali act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials or processes for which permits are required in addition to those now enumerated in the Fire Code. The Chief of the Bureau of Fire Prevention shall post such lists in a conspicuous place in his office and distribute copies thereof to interested persons. SECTION VIII PENALTIES Any person who shall violate any of the provisions of these regulations hereby adopted or fail to comply therewith, or shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement, specification or plans submitted and approved he:-eunder 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 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 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 viviation including costs of towing, storage t or removal of the hazard or obstruction if necessary. x� � _ r i — AISE- Page 13 Any person who shall violate the provisions of ORS 478.960 ( Burning of certain materials permitted only with permission of fire chief; Burning Schedule (1) through (8) ) shall be guilty of a misdemeanor, shall severally, for each and every such violation be punishable upon conviction as prescribed by ORS 478.990 and subject to costs under 478.965. The corporation counsel, the Fire Chief, or the Fire Marshal or his 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 IX PLAN REVIEW - SUBMITTAL OF PLAN FOR FIRE CODE APPROVAL Any building (exclusive of one and two family dwellings, farm barns, and outbuildings);flammable liquid storage utilization, transportation or dispensing facilities; and facility for the storage, handling, transport and use of explosive and blasting agents; dry cleaning plants; facilities for the storage, handling, use and transportation of liquefied petroleum gases; or any other building, structure or facility wherein highly combustible or hazardous materials are manufactured, utilized, dispensed, conveyed or stored; the plans and specifications therefore shall be submitted to the Fire Marshal of the District or his authorized r representative for examination and approval with respect to conformance with these regulations and no construction shall proceed prior to such approval.Page When the Fire Marshal or his authorized representative approves any such plan, he shall so signify by means of a stamp and signature. All construction or alteration shall thereafter comply with the approved plan, in all respects, unless modified by subsequent written permit or order of the Fire Marshal. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity and detail to permit the Fire Marshal to determine the question of conformity with these regulations and shall include a plot plan showing type, location of the proposed buildings, structures, facilities and fire hydrant locations and access ways in relationship to the property lines, and all other buildings, structures and facilities proposed or existing on the premises. Approval of plans shall not be construed as to be a permit to violate any applicable law or regulation of the State, County, City, or Fire District. SECTION X, REPEAL OF CONFLICTING ORDINANCES Ordinance 96-1, and Ordinance 90-1, and all former ordinances or parts thereof 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. Prosecutions for violations, under repealed ordinances may continue after the effective date of this ordinance. F M Page 14 SECTION XI. VALIDITY y The District hereby declares that should any section, paragraph, sentence or word of thin 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 herefrom of any such portion as may be declared invalid. SECTION XII. 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 go into effect forthwith for the preservation of the safety and health of the inhabitants of the Fire District for the reason that fire codes must be brought into conformance with State standards as soon as possible in order to maintain uniformity and comply with the recommended fire and safety standards set out by the Western Fire Chiefs Association, International Conference of Building officials and the State of Oregon, and in order to ensure that the real property that is being developed in the Fire District is so constructed and maintained with adequate facilities and standards to meet these codes and thereby alleviate unnecessary fire hazards within the District. First reading by Title only this {� day of ��u 1991- Second reading by Title only this day of 1991. PASSED by the District this I &4day of C lit / 1991- PREJIDENT SEC TARY-TREASURER Document C-4675