Ordinance No. 15-02 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 15- 02
AN ORDINANCE ADOPTING TUALATIN VALLEY FIRE & RESCUE ORDINANCE NO. 14-02
ADOPTING THE 2014 OREGON FIRE CODE AND REPEALING QTY OF TIGARD ORDINANCE
NO. 14-10
WHEREAS,the City of Tigard enforces the State Building Code under the authority of ORS 455.150 within
in the City of Tigard;and
WHEREAS, Tualatin Valley Fire & Rescue (TVF&R) provides fire prevention and firefighting services to
the City of Tigard;and
WHEREAS, it is necessary to adopt TVF8zR Ordinance No. 14-02 in order for TVF&R to apply the Oregon
Fire Code within the City of Tigard
NOW,THEREFORE,THE QTY OF TIGARD ORDAINS AS FOLLOWS:
SEC11ON 1: Pursuant to ORS 478.924, the 2014 Oregon Fire Code as adopted by Tualatin Valley Fire
and Rescue, a Rural Fire Protection District as Ordinance 14-02 (Exhibit A), is hereby
adopted by the City of Tigard as the City's Fire Code.
SECITON 2: Ordinance No. 14-10 is hereby repealed.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only,this a 7,qday of 44 ZI&A ,2015.
Carol A Krager,Deputy Recorder
APPROVED: By Tigard City Council this 2 7�kday of 4 ,2015.
�4�1 L)
John Cook,Mayvr
Approved as to form:
City Attorney
Da
ORDINANCE No. 15- Da
Page 1
ORDINANCE 14-02
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 10-02 AND 14-01.
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 in the records of the District and in the
office of Washington, Multnomah, and Clackamas County Clerks and Oregon 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 territorial limits
of the District and within each city and 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 Marshal's Office created by Ordinance 91-02.
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 and III below,the Oregon Fire Code adopted by the Oregon
State Fire Marshal, as it may be amended from time to time, is hereby adopted as the District's Fire Code.
SECTION II—ENFORCEMENT OF FIRE CODE
Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and
premises or testing of fire protection systems and equipment, e.g., Sections 106, or provisions providing for
enforcement of the Code, such inspections, 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,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
Tualatin Valley Fire A Rescue 1 Ordinance 14-02
priority on prevention, inspection, and maintenance of fire systems, due to financial limitations, it is the
Board's policy to require inspections only so often as 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 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:
The Oregon Fire Code is hereby amended as follows:
1. The following new SECTION 907.7.6 is added:
907.6.5.3 Alarm Verification. Supervising Stations shall not retransmit alarm signals to Public Fire
Service Dispatch and Communications Centers until an attempt is made to verify the accuracy of the
alarm signal at the Protected Premises. Verification attempt shall be made within 90 seconds of
receipt of alarm signal. If the Protected Premises is contacted and can confirm that no fire or
emergency condition exists, then the alarm signal shall not be retransmitted. In all other situations, the
alarm signal shall be immediately retransmitted. This section modifies the retransmission
requirements of NFPA 72. Nothing in this section is intended to permit delay of notification devices
and evacuation at the Protected Premises.
Exception: Waterflow alarms and Manual Pull Station alarms shall be immediately retransmitted
without verification where they can be distinguished by the Supervising Station from other alarm
initiating devices at the Protected Premises.
SECTION IV—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.
SECTION V—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 other procedures adopted by ordinance of the District. In the
event that the District Board adopts a board of appeals, the provisions of this ordinance, where
appropriate, are subject to the board of appeals procedures.
Tualatin Dalley Fire&Rescue 2 Ordinance 14-02
SECTION VI —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. An
existing fire code ordinance has been approved within each city and county within the District. The District
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 or 14-01 shall continue in effect in each city or county which has approved it
until the city or county approves this Ordinance 14-02. Further,prosecutions or violations under repealed
ordinances may continue after the effective date of this ordinance.
SECTION VII —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 VIII—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 day of 2014.
Second reading by Title only this day of2014.
PASSED by the District this day of tt1U , 2014.
C
PRESIDEN SECRETARY-TREASURER
Tualatin Valley Fire& Rescue 3 Ordinance 14-02