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Resolution No. 93-02 CITY OF TIGARD, OREGON RESOLUTION NO. 93- 02- A RESOLUTION OF THE CITY OF TIGARD, AMENDING RESOLUTION NO. 91-30, AND APPROVING AS TO FORM THE TUALATIN VALLEY FIRE AND RESCUE DISTRICT r --•''rcS::C� nn n� —REAS, the City Council has received and reviewed the p_oposed Tualatin Valley Fire and Rescue District Ordinance 92-01; 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 proposed Tualatin Valley Fire and Rescue District Ordinance 92-01 are identical to provision of the City's yail�i^^ Codes +horot,y rPrnixrina uniform and consistent interpretation; and WHEREAS, the Tualatin Valley vire and Rescue District, a Rural Fire Protection District will be responsible for the administration and enforcement of the Tualatin Valley Fire and Rescue District Ordinance 92-01. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Tualatin Valley Fire and Rescue District Ordinance No. 92-01 be approved as to form as authorized by ORS 478.924, and set forth In Exhibit "A 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. 92-01, which requires interpretation, the determination of the Building Official shall be final and b•ndi PASSED: This 2 Lem day of �G ��_ , 199 or - ity of Tigard ATTEST: City Recorder - City of T ga3Trd login\b--afl\f:L—d—. RESOLUTION NO. 93-C/2- Page 1 ins P = - 1 E)aLi bi q ORDINANCE 92-01 AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN i VALLEY FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, PR$SCLMING "EGt7-A.'IO;G GOVEM-IINGi CON'DITION'S R?aZAP_DOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND REPEALING ORDINANCE 91-01. WHEREAS, the Fire Marshals of the City of Beaverton and Tualatin Valley Fire and Rescue, a Rural Fire Protection District, 1 hact u-..,d d_ �l^ ed gin_if-r reg_v iations for each jurisdiction; and, WHEREAS, the Tualatin Valley Fire and Rescue. a Rural Fire Protection District, hereinafter referred to as the Distr-ct, desires to and finds it necessary to adopt the following regulations to provide minimum fire safety and that a pian 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 the State Fire Marshal 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 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 and shall be enforced by the Fire Marshals Office created by Ordinance 91-02. SCOPE: This Fire Code provides minimum life and fire safety regulations to reduce the hazards of fire and explosion. The code also protects life and property to a reasonable degree by supplementing laws relating to fire safety and shall apply to existing buildings. VIM d - am } Page 2 g ® .`.nlr�r i _ FiLOPTION OF UNIFOR?d CODES: E The following codes are hereby adopted by the Di.trict for the A purpose of prescribing regulations, governing conditions hazardous to life and property from f'ira or ex-plosion. Those certain codes and standards known as the: A. Uniform Fire Code, 1991 Edition, including Appendices I-A, I-B, I-C, II-A, II-B, 11-C, II-D, II-F, III-A, III-B, III-C, V-A, VI-A, VI-B, VI-D, and VI-E as pubjisled and copyrighted by the Western Fire Chiefs Association and T_nternational Conference of Building Officials, except as hereinafter amended by this Ordinance. B. Uniform Fire Code Standards, 1991 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, 1991 Edition, as published by and copyrighted by the International Conference of Building Officials and amended by the State of Oregon Building Codes Agency including the Appendix Chapters. EXCEPTIONS: The following chapters, sections, i subsections, paragraphs, sentences, and words have been deleted from this adoption. 1. Chapters 23, 24, 25 [except Section 2516(f)3, 26, 27, 28, 29, 30, 34, 35, 53, 57, Appendix Chapters 11, 12 [except Division I13 , 23, 24, 25, 26, 29, 31, 35, 38, 49, 53, 57, and 70- 2. Sections, subsections, and Tables 204, 205, 510, 511, 605, 705(a and c) , 805, 905(a) , 505(d) , 1005, 1205, 1708, 1802, 1902, 2002, 2102, 2202, 3207, 4007, 4503, 4712, 4713, and 4714. D. Uniform Building Code Standards, 1991 Edition, as published and copyrighted by the International Conference of Building Officials. E. Uniform Mechanical Code, 1591 Edition, as published and copyrighted by the International Conference of Building Officials and amended by the State of Oregon Building Codes Agency. gorime Page 3 t TT DF_RIMIT_T_ANC• ME ^ef ;*ions e- _ un--for= Building code. Uniform h1.c anical Code, Uniform Fire Code and the National Fire Code jL;er FA} are hereby adopted save and a caept 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. 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 district 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 Marshals Office of the fire district. G. Whenever the term "Building Official" is used in the Uniform Building Code, Uniform Mechanical Code and ORS Chapter 455, it 'shall mean the Building Official of the city or county which is a part of this District. H. Whenever the term "Ch-;ef" 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 Counsel", "City Attorney" or "Attorney General" is used, it shall be held to mean the Attorney_ for the District. i Page 4 K. Whenever the terra "District" is used, it shall be held to mean Tualatin Valley Fire and Rescue, a Rural Fire -- L= ::zoraver the term "Fire Prevention Bureau" is used, it shall be held to mean the Fire Marshals Office. M. Whenever the term ."jurisdiction", '1city", "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. N. Whenever the term "hazardous vehicle" is used, it shall be held to mean vehicles blocking or obstructing a public or private right-of-way or fire hydrants;'' or vehicles with leaking gas tanks or other products; or vehicles located in violation of the Fire Prevention Code. O. Whenever the term "room" is used, it shall be held to mean a space or area bounded by any obstructions to :-sit 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 III ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS ° PROHIBITED: The limits, referred to in Section 79.501 of the Uniform Fire Code relating to the storage of Class I and II 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 storage of explosives and blasting agents is prohibited within the limits of the District. EXCEPTION: The Fire Marshal, after fir ti fi extinguishing consideration of built- 2 protect-Jon c^. .. re xt_ g 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. WIN LMMMM - - I 1 Page 5 r vuaym OF T TATTTR TN T.TATTP TED SECTION V ESiAoT S wTICH STORAGE QR i -ETRULF.UM Is To BC RESTRICTED'.- The i5STRIC/'L'D'.The limits, referred to in Section 82.104(b) 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, a.:.,.a other areas, and then ? � only when approval has been obtained pursuant to Section 82.102 of the Fire Prevention Code. SECTION VI AMENDMENTS MADE IN THE UNIFORM FIRE CODE: The Uniform Fire Code is amended and changed in the following r easpects: 1. Article 2, Section 2.101, is amended by adding paragraphs (i.) , (j) , (k) , and (1) to read: ` (i) The adequacy of means of approach to buildings and structures by mobile fire apparatus and firefighting personnel. (j) Providing firefighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures. (k) Issuance of permits before burning trash or waste material. (1) Inspection of premises by officers designated by the Chief and requiring removal of fire and life safety hazards found on premises at such inspections.,, 2. Article 2, Section 2.102, is amended to read as follows: 0°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 olut 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 MOW 3 Page 6 ha clerk of ;j suc is r••les and regulations shall be filed esedor OtOihl."ties governed l the P.istrict and the Cleric Of an by the jurisdutic. a-n-d shall be in effect - 1mnlediately additional ies shall be kept :- the office thereafter an o st2ona� -p of the fire district for distribution to the public." 3. Article 2, Section 2.201 (b) , Jr. amended by deleting the following words: "See the procedure specified in Chapter 4 through 9 of the Uniform Code for the abatement of Dangerous Buildings." 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 pians 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 as specified in Ordinance 90-02. (b) Where plans are incomplete, loan percent or v ton sp re not corrected, a examination may be charged. (c) A re-inspection fee may be charged for re-inspections and violation is each subsequent re-inspection until the corrected. (d) The fee schedule shall be set by an ordinance of the Board of Directors. The Fire Marshal shall collect all fees and forward such fees to the Finance division of the District. (e) If the fees provided for in this section are not paid within thirty (30) days after service of 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. Ef Paae 7 5_ Section 10.205 is amended to read: e "Obstructions: The required width of _ira apparatus - accessways shall not be obstructed iii - manner, including parking of vehicles. Signs stating "NO PARKING - FIRE !CANE - 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 Mar=hal or his representative may cause the vehicle to be towed." o. Section 10.404 is added to read as follows: A. Rural Water Supply: When an approved municipal type -.Nater 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 Firefighting, which is hereby adopted and by this reference becomes a part of this ordinance. r` Commercial occupancies shall be equipped with a smoke tt 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 Standards 14-1 and 14-2. Note: Credit for installation of alarm systems in Section VI Item 23 E (3) of this ordinance is not applicable to this section. 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. „I 2) In other than the occupancies listed in ORS 479.010(1)i, where in the opinion 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 fire flow, is a light hazard occupancy, and has a smoke detection system installed throughoutcomplying with Uniform Fire Code Standard 14-1 and 14-2 that is monitored by a central station which has been approved by the Fire Marshal. 9� 1 F _ i all Page Group R-3 or Group M :.�:�r. +-r,orn are not more than two � ti1e _ ;rements of this section may structures per a..� the ==qu-- = a fireflahting i • odif ied provided,6 in the opinion of tae C?•�c- or rescue operations would not be impaired. B. Kate_rSuno 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 high buildings are moved to or buildings or portions buildings are hereafter constructed. EXCEPTIONS: Exceptions 02 an $3 of Section 10.404A may be applied to 10.4048. C. Required Fire Flow: No building shall ,be constructed, altered, enlarged, or repaired in a mannee that by reason of size, type of construction, 2 occupancy, or any combination thereof creates a need for a fire flow in excess of 3000 gallons per or exceeds the pounds per square inch residual p r available fire flow at the site of the structure. The requirements for determining fire flow for all III A ingis are set out in Uniform Fire Code, APP Or, in areas with municipally developed water supplies? 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 wlt_hin the development and no unusual hazard to life and property exists. 2, Existing buildings that require a fire flow in excess of 3000 gallons per minute are not required to comply with the fire flow requirementsof this section. However, alterations, or repairs shall not further increase the required fire flow for the buildings. ff H - � _� - � 6 page 9 U. i.__ .z .,.amu.. Brants shall be 1. lcatedcommercialthat o p Fire by located so that no portion of the exterior of a commercial building is more than 250 feet from a fire hydrant as measured in an approved manner routedofhtravel outside a�accessible t�he Fire apparatus ture and along he EXCEPTION: When such buildings are protected with an approved automatic fire protection system, the Chief may alloe: variations up to a maximum of 500 feet Unless otherwise 2. Non-Commercial Buildings: hydrants shall be approved by the Chief, fire placed at each street intersection. Intermediate distance to any part hydrants are required when the of non-commercial buildings exceeds 500 feet measured in an approved manner as r ut o£ outside the travel of the structure andlong accessible to fire apparatus. For the purposes of (1) and (2) above, a ,commercial building" means a building used £oo� other than Group x2 Division 3, Group M, 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 sp ically approved by the Chief. All facilities required to be installed under Section 10.404 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 accordance with the American installations shall be in water Works Association Standards (AWWA C600-8? Revised Edition) . .� o�mma�ngr l II ?age 10 s>w 7. Section 10.506(a) is amended by deleting the third sentence and adding the following paragraph to read: "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." adding an additional 8 Table Oc upancy Column Sub 5 nded y Sprinklered Building,footnote tostandpipe Class to read: 117. Class II standpipes as specified in UBC Section 3805(d) shall be provided when processes or conditions exist which.would nullify the effectiveness of the automatic sprinkler system_" 9. Section 14.103 is amended by adding °'(h) Visual Alarms. When required, visual alarm systems shall be installed in all portions of buildings that may be occupied. Such devices shall be designed, installed and maintained in accordance with National Fire Protection Association Standard 72-G, Installation, Maintenance, and Use of Notification Appliances for Protective Signaling Systems, 1989 edition, and Americans with Disabilities act.'e t 10. Section 14.104(c) 4 is amended by adding "manual fire alarm and'e in the second line between construction" and 'tan". (Sentence would read construction, manual fire alarm and an automatic . . . ) 11. Section 25.107(c) is amended by deleting the last sentence of the second paragraph. 12. Section 25.107(€) is amended by deleting the Exception. 13. Article 63 is amended by deleting Section 63.108. 14. Article 78, Division II Fireworks, is amended to read the same as State of Oregon State Fire Marshal's amendments to the Uniform Fire Code except 78.203(c) is retained and adding the following: seizure of FireworKs Sec. 78.203(d) . The chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this article. l Page 11 15. Article 79, Division IX and X, is amended as per State of Oregon State Fire Marshal's amendments to the Un-4--form Fire Code. 16. Article 80, Division I, is amended to read the same as State of Oregon Fire Marshal's amendments to the Ur_iform Fire Code. 17. Section 82.101 is amended by deleting the second sentence and creating a paragraph (b) to read: "Section 82.101(b) For regulation of liquefied petroleum gas, see pug 480,410 through 480.460 and OAR 837-30-005 through 837-30-070." t 18. 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." 19. Section 82.102 is amended by adding: (c) Corrections: When an inspection reveals that any tank does not comply with the requirements of the Fire Code, the Fire Marshal shall inform the installer, user, or owner about any corrections necessary and such corrections shall be made within the time limit established by the Fire Marshal. A re-inspection fee, as re-set by ordinance_ shall ha c-nllactcd fc:r each inspection at such tank." 20. 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 gas utility plant without first obtaining a permit from the Chief." a a - - _ BMW Page 12 21, Article 82 Is amended to acid a new Section 82.116 to read: "} "Section 82.116 Licenses: (a) No person shall engage in or wort: at the business of � installing, altering, extending or repairing a li.Tae-fied g 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 480.450, as now enacted. (b) No person shall do liquefied petroleum gas fitting or gas vent work; install, repa -- or rPnodel 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." 22. Appendix Irl-A, Part 4(b), is amended to read: "Each aortion of a building separated by one or mire area separation wall(s), in accordance with the Uniform Building Code, Section 505(f) , may be considered as a separate fire area(s) for the purpose of determining required fire flow." 23. Appendix IiI-A, Part 5, 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. B. The required fire flow for buildings other 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 III-A-A-1 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 (Fire Flow = Occupancy Factor X Table 1II-A-A•-1) 71 e DAN S Page 13 NOTE: Examples o= nzazaru5 may be -©uncl In Standard National Fire Protection Standard 13, ann� Installation of Sprinkler Systems, Appendix C. The product of the above mu?tiplication gives the required fire flow. D. In types I and II F.R. construction, only the three largest successive floor areas shall be used. g= The required fire flow may be seduced by one of the following options, bur- in ;Sv .=asa t0 less than l000 GPM @ 20 psi residual: (1) 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. (2) 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) 25 percent where an approved complete smoke sensing fire detection and manual fire alarm system is installed throughout the building and electrically interconnected one with the other and electrically r intertied to wn approved central receiving station. The smoke detection shall meet the requirements Of Uniform Fire Code Standard 14-2, and manual fire alarm pull system shall meet the requirements of Uniform Fire Code Standard 14-1. The central station shall meet the requirements of NFPA Standard No. 71. 24. The Uniform Fire Code is further amended by adding Appendix I-D. II-F, V-B and VI-D as per State of Oregon State Fire Marshalls amendments to the uniform rl- -- -- -- ' aarg MAN ftE - OWN Page 14 SECTIONS VII NEW MATERILI ^R PROCESSES WI-LICH MAY REQUIRE PERNSITS: The chief and the Fire Marshal f-hail act as a Committee to determine and soecifv, after giving affected persons an opportunity to be heard, any new materials or processes for which pe'r,ults are required in addition to those now enumerated in the Fire Code. The Fire Marshal shall post such lists in a conspicuous place in his office and distribute copies thereof to interested persons. SEC-LION VIII. PENALTIES_ Any person who =hall violate any of the provisions of these regulations hereby adopted or fail to comply ciieraw-J th, 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 hereunder 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 CRS 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. 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 barn= and o„t-hili l_d ngs); 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 wee Page 15 t hazardous materials are manufactured, utilized, dispensed, conveyed ifications therf--core shall be ..._- stored., the Plans and spec :_.. :,.. ,- his authorized submitted to the Fire Marshal of the LtDroval with respect to representative for examination and app conformance with these, regulations and no construction. shall proceed prior to such approval. When the Fire Marshal or his au bor eof of stamp and signature. any such plan, he shall so signify Y means 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. ?clans and specifications shall be drawn to scale uPOh bau�SL eauiai�iai and deta:L1 to emit the cloth and shall be of ar 017 sufficient questiclariton of conformity with these Fire Marshal to determine the location of regulations and shall include a plot plan showing type, the proposed buildings, structures, facilities and fire hydrant locations and accessways in relationship to the property lines, and r existing all other buildings, ro al of plans shalliructures and lnotsberconstrued as to be on the premises. App_ a permit to violate any applicable law or regulation of the State, County, City, or Fire District. SECTION X REPEAL OF CONFLICTING ORDINANCES: ordinance 91-01, and all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinanc or of the Code or Standards hereby adopted are hereby rep effective the effective date of this ordinance. Prosecutions for violations, under repealed ordinances may continue a€tel the effective date of this ordinance. r SECTION XI 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, itis 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 that the provisions of this ordinance go into effect January 1, 1993 for the preservation of the safety and Page 16 health of the inhabitants of the Districtti Sr t es and t gas •sOon .:�das must,be•.brougn4. Into,co.^•fc�»== =• } as possible••iti os..e: t_'ms.3ni��►in unifor ai v;,azul Con_ with ttis_ recomzaenucd:�`i-e and:.safety.gtandards.sat out by the West_erIM Pyre Chiefs°Association,:=nternaan& in oriiereto enaurelthat.Vthe sal ce Of and the:.state` of, Oregon; ed in-th6-Ditatrict is so•cokistx-%i6 ed property that is being develop and maintained with adequate..faeilities andstandards 6a Asto. ie codes 'and-thareby•'$lleviai e._unnecessary District. First reading by .Title only. this � .. day of ' 19p2. 1992. Second reading by.Titla only this day of _ PASSED by the District this _ dal' of�. 1992. (�� L 6CR�FASU� ESIDENT k e C:OR392.RHJ