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Ord 1485COUNCIL BILL N0. 225 ORDINANCE N0. 1485 AN ORDINANCE ADOPTING A FIRE CODE: PROVIDING FOR ADMINISTRATION AND ENFORCEMENT THEREOF, AND REPEALING ORDINANCE N0. 1178, THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. A~ tio~. of Uniform Fire Code: Short Title. (1) The Uniform Fire Code, 1973 Edition, with 1975 supplement, including ,Appendices, A, C, D, E, F, and H, published and copyrighted by the Western Fire Chiefs' Association and the International Conference of Building Officials, is by this reference incorporated into this ordinance and made apart hereof as the Fire Code for the City of Woodburn, except as hereinafter specifically deleted, modified or amended, and shall be hereafter known and cited as the "Uniform Fire Code"; or by the initials "UFC" . (2) Three (3) copies of the UFC sY~all be kept on file with the City Recorder, which copies shall be prima facie evidence of those provi- sions of the UFC adopted without deletion, modification or amendment. Section 2. Bureau of Fire Prevention, (1) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department which is hereby established and which shall be, operated under the supervision of the Chief of the Fire Department. (2) The Fire Marshal in charge of the Bureau of Fire Prevention shall be designated by the Chief of the Fire Department. (3) The Chief of the Fire Department may detail such members of the F1rE Department as inspectors as shall from time to time be necessary. Page 1. - COUNCIL BIEL N0. 225 ORDINANCE N0. 1485 The Chief of the Fire Department shall recommend to the City Administrator the employment of technical inspectors, who, when such employment is author- ized, shall be selected in accordance with the provisions of the City Charter, Ordinances and the rules and regulations governing the personnel system of the City. (4) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Administrator; it shall contain all proceedings under the Uniform Fire Code with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department may include in the annual report recommendations for amendments to the Uniform Fire Code. Section 3. Definitions. Unless the context requires otherwise, the following terms when used in the Uniform Code have the following meanings: (1) "Building Code" or "City Building Code: shall mean City of Woodburn Ordinance No. 1439, enacted August 13, 1974, as now or hereafter amended. (2) "Chief of the Bureau of Fire Prevention" shall mean the Fire Marsha,.. (3) "Corporation Counsel" shall mean City Attorney. (4) "Jurisdiction" shall mean City of Woodburn, Oregon. Section 4. Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. (1) The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside Page 2. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 aboveground tanks is prohibited, are hereby established as follows: The entire city, except areas zoned Industrial Park (IP), Heavy Industrial (IH), and Light Industrial (IL) under the city zoning ordinance as now or hereafter amended and then only when the location and storage facilities have been approved and a storage permit issued by the Chief of the Fire Department or the Fire Marshal. (2) The limits referred to in Section 15.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: The entire City, except areas zoned Industrial Park (IP) under the City zoning ordinance as now or .hereafter amended. Section 5. Establishment of limits of districts in which storage of explosives and blasting agents is prohibited, The limits referred to in Section 11.106(b) of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are hereby established as follows: the entire city. Section 6. Establishment of limits in which bulk storage of liquefied petroleum gases is restricted. The limits referred to in Section ~0.105(a) of the Uniform Fire Code in which bulk storage of liquefied petro- leum gas is restricted are hereby established as follows: the entire city, except areas zoned Industrial Park (IP) under the city zoning ordinance as now or hereafter amended. Section ?. Amendments to UFC. The Uniform Fire Code is amended and changed in the following respeets: (1} Section 1.102 amended to add a new paragraph (c) to read: (c) Where the conditions imposed by a provision of this Code Page 3. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 differ from those imposed by another ordinance, law or regulation having application in the city, the provision which is more re- strictive shall govern. (2) Article 12 is deleted. (3) Section 13.208 is deleted. (4} Section 13.301(c) is amended to read: Sec. 13.301(c) On-Site Fire Protection Facilities. (1} Definitions. For the purpose of this section unless the context requires otherwise, the following terms are defined as follows: (a) Adequate water supply. The available flow of water which the Fire Chief determines is necessary to protect any building or structure against fire. (b) To develop land. To make any improvements or do any work upon land which would require the issuance of a building permit under the bui~.ding code of the City of Woodburn. (c) Developer. The owner or other person responsible for the development of the land in question. For purpose of this section the terms "owner" and "person" shall be applied as defined in Section 1.417 and 1.418. (d) Facilities. Water mains, fire hydrants and appurtenances thereto as are necessary for fire protection. (e) Fire Chief. The Chief of the Fire Department serving the City of Woodburn or any other member of the Fire Department duly appointed by him to administer the provisions of this section. (f) Judgment. The judgment of the Fire Chief based upon sound fire protection and engineering principles, which judgment shallbe conclusive. Page 4. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (g) Land. Any lot, parcel, acreage or building site, or any other land or portion thereof embraced within a common plan of development, whether improved or unimproved. (2) Review of Plans. (a) Every application for a building permit and its accompanying,. plans sh~.ll be reviewed by the Fire Chief and a determination made whether any building or structure on the land to be developed is or will be virtue of said development requires the installation of on-site fire protection facilities. If upon such review it is determined either that the fire protection facilities mentioned in Section 13.301(c) are not required or that they are adequately provided for in the plans, the Fire Chief shall endorse his approval thereon. If adequate provision for such facilities is not made, the Fire Chief shall either disapprove said plans and indicate to the applicant in writing wherein they are deficient (in which case any revised plans shall be re-submitted to the Fire Chief for review} or approve said plans subject to conditions. (b) Applications for individual building permits relating to a subdivision or conditional use permit need not be submitted for review and approval by the Fire Chief, if the Fire Chief has reviewed and approved the subdivision plat or the conditional use plot plan; provided, however, the installation of on-site fire protection facilities is carried out in substantial accord with the approved subdivision plat or the conditional use permit. (c) This section shall not apply to "I" and "J" occupancies as classified by the city building code, if such occupancies are not sub- ject to subdivision plat or conditional use plat plan review and approval by the city. Page 5. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (3) Facilities Required. (a) Fire hydrants shall be located so that no part of any commercial building becomes more than 250 feet from afire hydrant and no single family residential building becomes more than 300 feet from afire hydrant, as measured along an accessible route. Fire hydrants shall be located at least 40 feet from a commercial building or buildings to be protected, and 25 feet from an I or J occupancy. For purposes of this subsection, a "commercial building" means any building used for other than "I" or "J" occupancy as defined in the city building code. (b) Distances in excess of 250 feet for commercial build- ings and 300 feet for single family residential buildings may be allowed only with the approval of the Fire Chief. (c) The Fire Chief may prescribe that the development include the 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. The installation shall be at the expense of the owner or developer. (d) All facilities required to be installed hereunder shall be approved by and meet the specifications and requirements of the Fire Chief and the Department of Public Works as to location, size and type of materials and manner of installation. (e} Fire hydrants and other fire protection appliances required by Section 13.301(c) that are set in place and "not in service" shall be suitably marked as such or covered until such time they are in service. Page 6. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (4} Adequate Water Supply (a) The foll owing calculation shall serve as a guide to determine the flow required to furnish an adequate water supply to indi- vidual buildings: Table 13.301(a) FLOW REQUIRED, IN GALLONS PER MINUTE Item Formula Not to Gallons/minute Exceed Required 1. Ground Area of Building A 5000 Add in square feet 10 + 1000 2. Height in number of stories 500x(H-1) 3000 Add 3. Exposure to and from the building (spreading or conflagration factor) Judgment 2000 Add TOTAL 4. Credit for fire resistive Not in excess or semifire resistive of 1/3 of the construction sum of 1 + 2 + 3 Less BALANCE 5. Credit for non-hazardous Not in excess of contents 1/4 of the sum of 1+2+3 Less BALANCE 6. Credit for automatic Sprinklers and other protective equipment TOTAL GPM (b) Hydrants shall be connected to a water main or mains which are capable of supplying the total required fire flow for the building or buildings to be protected. Judgment 3000 Less Page 7. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (c) Residual pressure. The required quantity of water shall be available with provision for a residual pressure in the mains, taking into account ground elevation, of not less than twenty pounds, except where the building is equipped with automatic sprinklers dependent upon the distribution mains for supply, in which case the required fire flow shall be available at a residual pressure which will correspond to fifteen pounds on the top line of the sprinklers. (5) Availability of Supply. City hydrants shall be taken into account in determining 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 city equipment, and within reasonable working distance of the building or portions thereof, to be served by the 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. (6) Access for Firefighting Equipment (a) Definitions and Standards (i) Access shall be defined as driveways used by public firefighting equipment and subject to other vehicular traffic. When access is not subject to other vehicular traffic, it may be constructed as afire lane. Twenty (20) feet of unobstructed width, unless otherwise specified by the Fire Chief, sha~l_bb considered standard for an access way, except those areas designated by the Fire Chief to be work areas, turnarounds, fire lanes, or other areas for the maneuverability of public firefighting equipment. Page 8. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (ii} Work areas are defined as those areas designated by the Fire Chief as necessary for the placement and operation of public fire- fighting equipment., Twenty-four (24) feet of unobstructed width, unless otherwise specified by the Fire Chief, shall be considered standard for work areas. (iii) Fire lanes are defined as access ways to a building, fire hydrant or other appurtenance not subject to other vehicular traffic. Twelve (12} feet of unobstructed width, unless otherwise specified by the Fire Chief, shall be provided for fire lanes. (iv) Vertical clearance ~is defined as the distance between the finished grade and any overhead obstruction measured perpendicularly from any point on any required access way, work area, fire lane or maneuver- ability area. The minimum vertical clearance shall be thirteen (13) feet- six (6) inches. (v) Maneuverability areas are those areas, including but not limited to the point of entry from public streets, grade level changes, turn ins, access ways, and turnarounds. The minimum design criteria for maneuverability areas shall be established by the Fire Chief. (b) Access shall be provided for public firefighting equipment to within 150 feet of every building or portion thereof not more than two (2) stories in height, within 40 feet of any building or portion thereof three (3) or more stories in height and to any hydrant or other appurtenance for use by the fire department as may be deemed necessary by the Fire Chief. (c) When auxiliary means of access or fire protection measures approved by the Fire Chief are provided, the above required clearances may be modified or waived. Page 9. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 (d) All access ways shall be in the form of an improved, perma- nently maintained roadway, open area, or any combination thereof, designed, constructed and at all times, maintained in such a manner that there shall be an access way capable of supporting the weight of public firefighting equipment and kept clear of obstructions and having sufficient width and height clearances to permit access for public firefighting equipment. For purposes of this section, the weight of public firefighting equipment shall be deemed to be not less than 45,000 pounds. (e) Whenever any hydrant, access way or other appurtenance for use by the fire department is required to be installed under the provisions of section 13.301(c), such hydrants, access ways or other appurtenances shall be included in the development plans and delineated thereon. (7) Final Inspection No final inspection under the City's Building Code as to all or any portion of the development shall be deemed completed and no certificate of occupancy or temporary certificate ~f occu- pancy shall be issued until the installation of the prescribed facilities and access ways has been completed and final approval thereof by the Fire Chief and Department of Public Works given as provided herein. Such final inspection shall be conducted solely to implement the enforcement of the provisions of Section 13.301(c) and shall in no manner be deemed an assur- ance on the part of the city that said facilities are, or will continue to be, in good working order. (8) .Maintenance of Facilities. (a) All on-site fire protection facilities whether installed before or after the effective date of Section 13.301(c) shall at all times be maintained as installed, free of leaks and in good working order by the Page 10. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 owner or lessee thereof, To this end the Fire Chief is hereby empowered to conduct periodic tests and inspections of the facilities. If the Fire Chief determines that the facilities are not being maintained as required 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 reason- able It shall be unlawful for any such person to fail or refuse to comply with any such order. Without limiting the foregoing, the condition resulting from the failure or refusal to comply with any such order shall also consti- tute a nuisance, which shall be subject to abatement in accordance with the provisions of the city's general nuisance ordinance and the cost of abate- ment made a lien against the property. (b) Any fire hydrant or other fire protection .appliance which is out of service, for repairs or any other reason shall be suitably marked as such or covered until such time it is back in service. (9) Alteration or Modification of Facilities, On-site fire protection facilities, whether installed before or after the effective date of Section 13.301(c), may be altered or repaired with written consent of the Fire Chief, provided that such alterations or repairs shall be carried out in conformity with the provisions of Section 13,301{c)3. (10} Access to Facilities to be Kept Open, Whenever any on-site fire protection facilities or accessways have been installed, as provided in Section 13.301{c}, either pursuant hereto or prior to the effective date hereto, the following provisions shall be applicable: (a} Hydrants, standpipes or fire department connections - parking prohibited. With respect to hydrants, standpipes or fire department connections located along private accessways where curbs exist, said curbs Page 11, - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 shall be painted yellow or otherwise 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, stand- pipes or fire department connections. In such cases where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both, giving notice that parking is prohibited for a distance of 10 feet away from any such hydrant, standpipes or fire depart- ment connections. When such areas are signed or marked as provided herein, no person shall park or leave standing a vehicle within 10 feet away from any such hydrant, standpipes or fire department connections. When such areas are signed'or.marked as provided herein, no person shall park or leave standing a vehicle within 10 feet of any such fire hydrant, standpipes or fire department connections. (b) Access - obstructions prohibited. No owner or lessee of the land or proprietor, partner, officer, director, manager or agent of any business or other activity carried on upon the land shall, after receiv- ing notice thereof, permit or otherwise allow, and no person shall cause any activity, practices, or condition to occur or exist or continue to exist,. upon said land which shall lessen, obstruct or impair the access re- quired to be maintained under Section 13.301(c)6. (c) Access - Parking may be prohibited. If in the judge- ment of the Fire Chief it is necessary to prohibit vehicular parking along private accessways in order to keep them clear and unobstructed, he may require the owner, lessee or other person in charge of the premises to paint the curbs yellow or install signs or give other appropriate notic- to the effect that parking is prohibited by the fire department. It shall there- Page 12. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 after be unlawful for such owner, lessee or other person in charge to fail to install and maintain in good condition the form of notice so prescribed, When such areas are marked or signed as provided herein, no person shall park or leave stamding a vehicle adjacent to any such curb marking or contrary to such sign. (11) Facilities During Initial Stages of Construction, When it is deemed that fire fighting facilities are required to be installed as required by Section 13.301(c} by the developer, such facilities as may be required shall be installed and made serviceable prior to or at the time any combustible construction begins on the land; unless in the opinion of the Fire Chief, the nature or circumstances of said facilities make it impractical to so require. (5} Section 13.302 is deleted. (6) Section 13.307 is deleted. (7) Article 20 is deleted. (8) Section 27.101(a) is amended to read: (a) Permit Required. No person shall kindle or maintain any bonfire or rubbish fire in an outdoor trash pile, burning barrel, incin- erator, or outdoor fireplace, without proper authorization. Proper author- ization shall include telephone authorization from the Fire Department. Open outdoor fires are prohibited except for: (1) Fires, including outdoor fireplaces and barbeques, used for cooking of food and small fires used for ceremonial, recreational purposes. (2) Fires set for the purpose of fire prevention, elim- ination of afire hazard, or training for fire control, for which a permit Page 13. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 has been issued or other proper authorization given. (3) Agricultural burning authorized by State Statue or regulation for which a permit has been issued or other proper authoriza- tion given. (4) No open fire shall contain garbage, petroleum products, paint, rubber products, plastic, or any substance or material which emits dense smoke or obnoxious odors. (9) Appendix D is amended by substituting NFPA National Fire Codes 1975 Volumes 1-15 for NFPA National Fire Codes 1972-73 and deleting individual volume references. The change will affect material on pages 251 and 252 of said Appendix D. Section 8. Modifications. The Fire Marshal shall have power to modify any of the provisions of the UFC upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the UFC, provided that the spirit of the UFC shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Marshal thereon shall be entered upon the records of the department and a signed copy shall be fur- nisred to the applicant. Section 9. New Materials, Processes or Occupancies Which May Require Permits. The City Administrator, the Chief of the Fire Department, and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, pro- cesses or occupancies which shall require permits in addition to those now enumerated in the UFC. The Fire Marshal shall post such a list in a Page 14. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 conspicuous place in his office, and distribute copies thereof to inter- ested persons. Section 10. Appeals. (a) Whenever the Chief shall disapprove an application or fail to approve or grant a permit applied for under this ordinance, or when it is claimed that the provisions of this ordinance do not apply or that the true intent and meaning of this ordinance do not apply or that the true intent and meaning of this ordinance has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief to the Board of Appeals, created under Section 1.215 of the UFC within 30 days of the date of the decision. (b) The members of the Board of Appeals shall be appointed by the Council to three-year terms filled in a rotating basis. They shall not serve on a matter in which they have any personal or pecuniary interest. The Board of Appeals shill establish rules for the conduct of its meetings and notice thereof. Section 11. Denial or Revocation of Building Permit for Failure to Comply. (a) Any person applying for a city building permit who does not demonstrate and assure compliance with the terms and provisions of this ordinance shall be denied such building permit. (b) Any person having been issued a city building permit who fails to comply with the terms and provisions of this ordinance shall have such permit revoked in the manner specified in the City Building Code. Section 12. Penalties. (a) Any person who shall violate any of the provisions of Page 15. - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 this o~~dinance, including the UFC herein adopted, or fail to comply there- with, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued thereunder, 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 fixed herein, shall severally for each and every such violations and non-compliancE respectively, be guilty of a misdemeanor, punishable by a fine of not more than $300.00, or by imprisonment of not more then 90 days, or by both fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate dffense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions; and, in addition to other remedies, the City Attorney may bring a complaint in law or equity to alleviate a violation of this ordinance. Section 13. Severability. If any section, subsection, paragraph, sentence, clause or portion of this ordinance is for any reason held to be unconstitutional or invalid, by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. Section 14. Repeal. Ordinance No. 1178, enacted August 6, 1968, as amended by Ordinance No. 1246, enacted June 16, 1970, is repealed. Page 16. - COUNCIL BILL N0. 225 ORDINANCE NO. 1485 APPROVED: al E. Pickering, or Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder September 4, 1975 September 4, 1975 September 4, 1975 September 4, 1975 .~ ~.. ATTEST : ~~ ~,..~ ~~ Barney 0 Burris, Recorder City of Woodburn, Oregon Page 17, - COUNCIL BILL N0. 225 ORDINANCE N0. 1485 z, BAR~iBY 0. BURp~ZS, Recorder of the City of ~'ioodburn, do hereby certif~r that Z caused to be posted three copies of. Ordinance I~To. 1485 , one of ~~hich said copies posted in tre City Hall on the bulletin board apposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the ~"toodburn Public Library bulletin board at 28a Garfield Street, in full vie~;T of the traveling public; a third one of said copies posted on the Paul So~v~, and Sans building at 182 '~ oung Street, in full vie~v of the tr~.~Yeling public; that all of said places are public places ~~ithin the corporate limits of the City of ~Yoodburn and that all of s~.id copies t~rere pasted on the ~,~~ ~~~~~~ day o f f BAR~~1rEY' 0 . B~~ RRZ S , RECORD~;R City of ~Yoodbt,rn, Oregon September 197.