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Ordinance No. 82-74 CITY OF TIGARD, OREGON ORDINANCE NO. 82- AN ORDINANCE ADOPTING AMENDMENTS TO THE WASHINGTON COUNTY RURAL FIRE PROTECTION DISTRICT NO. 1 FIRE PREVENTION ORDINANCE TO HE EFFECTIVE IN CERTAIN PARTS OF THE CITY OF TIGARD, OREGON; AND DECLARING AN EMERGENCY. WHEREAS, fire protection services and other services ordinarily provided by fire departments are supplied to a portion of the City of Tigard by Washington County Rural Fire Protection District No. 1; and WHEREAS, in order to permit the orderly and efficient enforcement of the rules and regulations of Washington County Rural Fire Protection District No. 1 within the City, and in order to enable the City to assist in the administration of the provisions of the District's fire prevention ordinance, and thereby to enhance the protection of the health, safety and welfare of the residents of the City of Tigard, the City Council of the City of Tigard has determined that the City should adopt by this ordinance the amendments to the fire prevention ordinance of Washington County Rural Fire Protection District No. 1 to be effective in those portions of the City which are also within the Washington County Rural Fire Protection District No. 1. NOW, THRREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Secti^n 1. Washington County Rural Fire Protection District No. 1 Ordinance No. 82-1, attached to this ordinance as Exhibit "A", is hereby adopted. This ordinance also amends the fire prevention ordinance of Washington County Sural Fire Protection District No. 1, originally adopted by the City of Tigard by Ordinance No. 81-1, which is otherwise in all respects confirmed and validated. This ordfnance and City of Tigard Ordinance No. 81-1 shall be effective only within those portions of the City of Tigard which are also within the boundaries of Washington County Rural Fire Protection District No. 1. Section 2: The following a ndments to Washington County Rural Fire Protection District Ordinance No. 82-1, Exhibit "A", are further made and adopted: (a) SECTION I of Ordinance 82-1 of the Washington County Rural Fire Protection District is amended to read as_follows: 1. The limits referred to Section 77.106(b) of the Uniform Fire Code in which the storage of explosives and blasting agents is prohibited are hereby established as follows; a. All areas other than those currently described In Washington County Zoning Ordinance as RFC and MA-2 zones and in the City of Tigard Zoning Ordinance as iN-2 and then only when those distances prescribed in the American Table of Distances for the storage of explosives (Uniform Fire Code Table No. 77.201) are maintained and a permit is obtained pursuant to Section 77.104. 2. The limits referred to in Section 79.201 of the Uniform Fire Code in which the storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as follows: a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, @FC and MA-2 zones and in the City of Tigard Zoning Ordinance as M2 and then only when the location and storage facilities have been first approved and a permit obtained pursuant to Section 79.103. 3. The limits referred to in Section 79.201 of the Uniform Fire Code in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as follows: a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, EFU, 8FC and MA-2 zones and in the City of Tigard Zoning Ordinance as M2 and then only when the location and storage facilities have first been approved and a permit obtained pursuant to Section 79.103. 4. n,�_ limits referred to in Section 82.105(x) of the Uniform Fire Code in which the bulk storage of liquefied petroleum San is restricted are hereby established as follows: i a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, SFU, BFC and MA-2 zones and in the City of Tigard Zoning Ordinance as lit and then only when approval has been obtained pursuant to Section 81.102. Section 3: Inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the said amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: 8y the Council, byJ Lf1Li��/dh�a vote of all Council members present, after being clad two times by number and title only, this 7k. day of 1982. Recorder - City of Ttg APPROVED: By the Mayor, this / daayy of r1�rPeai.b./c , 1982 Mayor - City of Tigard PAGE 2 ORDINANCE NO. 82- '74 _ ORDINANCE 82-1 5 EXHIBIT "A" WASHINGTON COUNTY RURAL FIRE PROTECTION DISTRICT NO. 1 AN ORDINANCE AMENDING ORDINANCE NO. 80-1 s' ADOPTING FIRE CODES FOR WASHINGTON COUNTY RURAL FIRE PROTECTION DISTRICT NO. 1 AND DECLARING AN EMERGENCY. WHEREAS, the District, pursuant to the authority granted under ORS 198.510 to ORS 198.600 and ORS 478.910 to ORS 478.940 has the power to adopt a Fire Prevention Code and, WHEREAS, from review of the existing regulations it has been determined that it is prudent and in the public interest to amend certain requirements as set forth in the Fire Prevention Ordinance of Washington County Rural Fire Protection District No. 1. NOW, THEREFORE, IT IS HEREBY ORDAINED by Washington County Rural Fire Protection District No. 1 as follows: SECTION I , Section VIII of Ordinance No. 80-1 is hereby amended to read: 1 . The limits referred to in Section 77.106 (b) of the Uniform Fire Code in which the storage of explosives and blasting agents is prohibited are hereby estab- lished as follows: a. All areas other than those currently described in Washington County Zoning Ordinance as EFC and MA-2 .. zones and then only when those distances prescribed in the American Table of Distances for the storage of explosives (Uniform Fire Code Table No. 77.201) are maintained and a permit is obtained pursuant to Section 77.104. 2. The limits referred to in Section 79.201 of the Uniform Fire Code in which the storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as follows: a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, EFU, EFC and MA-2 zones or their equivalent zones and then only when the location and storage F facilities have been first approved and a permit obtained pursuant to Section 79.103. 3. The limits referred to in Section 79.201 of the Uniform Fire Code in which new bulk plants for flammable or com- bustible liquids are prohibited are hereby established as follows: a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, EFU, EFC and MA-2 zones or their equivalent zones and then only when the location and storage facilities have first been approved and a permit obtained pursuant to Section 79.103. 4. The limits referred to in Section 82.105 (a) of the Uniform Fire Code in which the bulk storage of liquefied petroleum gas is restricted are hereby established as fol 1 ows: a. All areas other than those currently described in the Washington County Zoning Ordinance as AF-5, AF-10, AF-20, EFU, EFC and MA-2 zones and then only when approval has been obtained pursuant to Section 82.102. SECTION II, Section X of Ordinance 80-1 is hereby amended by changing the designation for subsection 13 to read 14 and sequentially changing all sub- sequent subsection designations and by inserting a new subsection 13 to read: 1. Subsection (c) of Section 3301 of the State of Oregon Structural Specialty Code and Fire and Life Safety Code is amended by adding a definition for the term "room" as follows: "Room" is a space or area bounded by any obstruction 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 III, Section XIV of Ordinance 80-1 is amended by changing the designation of subsection 10 to 11 and sequentially changing all other sub- section designations and then the insertion of a new subsection 10 to read: Article 25 is amended as follows: a. Section 25.114 i s. amended to read as follows: Candles and Open-Flame Devices Section 25.114. Candles and open-flame devices shall not be used in places of public assemblage nor drinking or dining establishments. EXCEPTIONS: (1) When used in conjunction with approved heating or cooking appliances in areas not accessible to the public. (2) When used in con- formation with Section 25.115. 1 �� 07 - b Section 25.115. Redesignate as Section 25.116 and amend the first sentence to read: ". . . one or more qualified persons as required and approved by the Chief . ." and change "fireman" to "such individuals" throughout the entire Section. c. Section 25.115. Redesignate as Section 25.116 and amend the first sentence to read: Requirements for Use of Open-Flame Devices,Section 25.115: (1 ) Permits. For permits to use candles or open flames in assembly areas, see Section 4.101. (2) General . The use of candles and open-flame devices shall comply with the following: 1. Open-Flame Food Preparation. The Preparation of flaming foods and beverages only when dispensed from one of the following: A. Flammable liquids may be used in the preparation of flaming foods and "beverages only when dispensed from one of the following: (i) A 1-ounce container. (ii) A container not to exceed 1 quart with a controlled pouring device that will limit the flow to 1 ounce. B. Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. They shall not be transported or carried while burning. C. The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of emergency. D. The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. The pouring, ladling or spooning of liquids is restricted to maximum height of 8 inches above the receiving receptacle. E. All containers, when not in use, shall be secured to prevent spillage. 2. Open-Flame Decorative Lighting. Open-flame decorative lighting shall comply with the.following: E A. Class I flammable liquids and liquefied petroleum gases i shall not be used. B. Liquid-fueled lighting devices shall contain not more than 3 ounces of fuel . C. The devices shall be constructed to prevent the spilling of liquid fuel when not in an upright position. D. The device shall be designed so that it will return to the upright position after being tilted to an angle of 45 degrees from vertical or the device shall be securely anchored. E. The flame shall be enclosed, except as follows: (i) Openings on the sides shall not be more than 3/8 inch in diameter. (ii) Openings on the top shall not be more than 2 inches in diameter. (iii) There shall be a minimum of 3 inches between the top of the flame and top opening of the device so that tissue paper placed on top of device will not ignite in 10 seconds. F. The shade shall be made of noncombustible materials and securely attached to the open-flame device. EXCEPTIONS: (1 ) Candelabra with flame-lighted candles that are securely fastened in place to prevent over- turning are located away from occupants using the area and away from possible contact of drapes, curtains or other combustibles. (2) When, in the opinion of the Chief, adequate safeguards have been taken, candles may be permitted if required for religious purposes. Hand-held candles shall not be passed from one person to another while lighted. SECTION IV, Section XIV is amended by changing the designation of subsection 13 to 14 sequentially redesignating all subsequent subsections and the insertion of a new subsection 13 to read: I . Subsection (b) of Section 78.102 is amended to read: Except as permitted in ORS 480.110 through 480.122 which is hereby adopted and by this reference is made a part hereof and as hereinafter permitted, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks, provided that the Chief shall have the power to adopt reasonable rules and regulations for the granting of permits for super- vised public displays of fireworks by a jurisdiction, fair association, amusement parks, other organizations or for the use of fireworks by artisans in the pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Chief and shall be of such character and so located, discharge or fired so as, in the opinion of the Chief after proper investigation, not to be hazardous to property or endanger any person. SECTION V. Where in the provision of ORS 480.110 through 480.122 tib term "State Fire Marshal" is used it shall be held to mean the Fire Marshal of Washington County Rural Fire Protection District No. 1 . SECTION VI. The Board of Directors of Washington Count Rural Fire 9 Y Protection District No. 1 finds and determines that it is necessary and expedient for the provisions of this Ordinance to go into effect forthwith for the protec- tion and preservation of the health, safety and welfare of the inhabitants of Washington County Rural Fire Protection District No. 1 and to preclude placing an undue burden upon the inhabitants of this District or the general public who are subject to the regulations of the Fire Prevention Ordinance of Washington County . Rural Fire Protection District No. 1 . E NOW, THEREFORE, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon its passage by the Board of Directors, approval of the President and attestation by the Secretary. r PASSED by the District this /17day ofE= i 1982 APPROVED by the President this f> `day of i �7IIV 1982 i PRESIDENT ATTEST: 1� E SECRETARY - E 5