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Resolution No. 21-08 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21 - A RESOLUTION APPROVING TUALATIN VALLEY FIRE & RESCUE FIRE CODE ORDINANCE NO. 20-01. WHEREAS, Tualatin Valley Fire & Rescue (TVF&R) provides fire code enforcement and firefighting services to the City of Tigard;and WHEREAS, ORS 478.924 requires a city to approve, by resolution, a fire prevention code adopted by a rural fire protection district if that city desires to have the adopted fire prevention code apply within that city; and WHEREAS,Tualatin Valley Fire&Rescue,the rural fire protection district that provides fire protection within the City,has adopted a"Fire Prevention Code" by Ordinance 20-01, a copy of Ordinance 20-01 is attached and incorporated as Exhibit A;and WHEREAS,Tualatin Valley Fire&Rescue's Ordinance 2020-01 repeals the prior Fire Code ordinance;and WHEREAS, the City desires to approve the most current Tualatin Valley Fire&Rescue Fire Code Ordinance in order to have it apply within the City. NOW,THEREFORE,BE IT RESOLVED,BY THE CITY OF TIGARD AS FOLLOWS: SECTION 1: Pursuant to ORS 478.924,Tualatin Valley Fire&Rescue's Fire Code Ordinance 2020-01 is hereby approved and will apply within the City of Tigard. SECTION 2: This resolution is effective immediately upon passage. PASSED: This off-/"'day of�4"4/1 — 2021. Mayor-City of Tigard ATTEST: ej"de ad City Recorder-City of Tigard RESOLUTION No.21 - © b Page 1 ORDINANCE 2020-01 AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, PROVIDING FOR 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 14-02. 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; IT IS ORDAINED AS FOLLOWS: TITLE AND FILING: This ordinance, including the codes hereby adopted, shall be filed with Oregon State Fire Marshal's office and shall be posted at each fire station as prescribed by ORS 478.940. 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, 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 ORS 478.910. SECTION I—ADOPTION OF THE DISTRICT'S FIRE CODE: For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, except as amended under Sections II,the Oregon Fire Code adopted by the Oregon State Fire Marshal, as it is replaced andamended from time to time, is hereby adopted as the District's Fire Code. It is the intention of this ordinance that the District automatically adopts the latest Oregon Fire Code including any amendments as adopted by the Office of the State Fire Marshal without any additional action necessary by the District. Such codes and amendments are adopted on the effective date of the administrative rule adopted by the Office of State Fire Marshal. SECTION II—ENFORCEMENT OF FIRE CODE Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and premises, issuance of permits,review of plans testing of fire protection systems and equipment, or provisions providing for enforcement of the Code, such inspections, plan review,permits,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, Tualatin Valley Fire&Rescue 1 Ordinance 2020-01 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,plan review, permits or testing only so often as, and where 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, plan review,issuance of permits 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 TO THE OREGON FIRE CODE: There are no amendments to the Oregon Fire Code adopted by the Oregon State Fire Marshal SECTION IV—FEES Cost based fees may be imposed for plan review, inspections, permits or other fire code related services the District is authorized or required to provide under the Fire Code or other applicable statute or regulation, as prescribed in the District's Master Fee Schedule. SECTION V—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. Reinspection fees may be applied for failure to correct violations in accordance with the District's Master Fee Schedule in addition to any other penalties. SECTION VI—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 standard operating guidelines adopted by the District. SECTION VII—REPEAL OF CONFLICTING ORDINANCES The provisions of this ordinance,i.e., the Fire Code, 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. If an existing fire code ordinance has been approved within any city or county within the District,the District Tualatin Valley Fire&Rescue 2 Ordinance 2020-01 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, 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 on the effective date of this ordinance; provided, however, that Ordinance 10-02, 14-01 or 14-02 shall continue in effect in each city or county which has approved it until the city or county approves this Ordinance 2020-01. Further, prosecutions or violations under repealed ordinances may continue after the effective date of this ordinance. SECTION VIII—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 IX—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 2-00+V)—day of Januayy ,2020. '? Second reading by Title only this day of "eCJ 2020. PASSED by the District this d-' day of 2020. Clark 1. Balfour resident Gordon L. Hovies, Secretary-Treasurer Tualatin Valley Fire& Rescue 3 Ordinance 2020-01