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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 { Page 1 - ORDINANCE Na. 70- rn U r 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: Page 2 - ORDINANCE No. 70-!1 4,3 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. e 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- Page 3 µ'ORDINANCE No. 70- y . 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 Page .4 - ORDINANCE No i0-- MV _.._ _ 7 a 7 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• r Recorder - City of T and APPROVED: By the Mayo*, this �%L _� of 1970•`: M yoz' - Ci �T � Page .5 - ORDINANCE No. TO- yr s