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Res 1152 - App Uniform Fire Cod COUNCil Bill NO. 1434 RESOLUTION NO. 1152 A RESOLUTION APPROVING CERTAIN CODES AND STANDARDS KNOWN AS THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS TO BE ENFORCED WITHIN THE CITY OF WOODBURN BY THE WOODBURN FIRE DISTRICT. WHEREAS, pursuant to the intergovernmental agreement between the City of Woodburn and the Woodburn Rural Fire Protection District dated February 13, 1984, enforcement of the Uniform Fire Code is the legal responsibility of the Woodburn Fire District; and WHEREAS, ORS 478.924 requires that the governing body of any city within a rural fire protection district approve the fire code enforcement by the district within the boundaries of the city; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. The City Council approves the Uniform Fire Code and Uniform Fire Code Standards, as amended and adopted by Woodburn Fire District Ordinance 1992,1 (a copy of which is attached for reference), and authorizes their enforcement by the Woodburn Fire District within the boundaries of the city of Woodburn. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: fY!a~ -;;:11~ Mary Tenn t, City Recorder City of Woodburn, Oregon ~6 APPROVE~ (t-FRED W, KY ,MAY R November 9, 1992 November 12, 1992 Counc il Pres; dent Nov~mb~r 1? 199? November 12, 1992 Page 1 - COUNCil Sill NO. 1434 RESOLUTION NO, 1152 ...-- . ----." - T---.---.-----.----.'-'..--..-..-..----'..'-- .- ORDINANCE 1992.1 An ordinance adopting the Uniform Fire Code and Uniform Fire Code Standards and prescribing regulations governing conditions hazardous to life and property from fire or explosion, providing for the issuance of permits for certain hazardous uses or operations, and establishing a fire prevention division and providing officers therefor and defining their powers and duties. BE IT ORDAINED by the Board of Directors of Woodburn Fire District, a district duly authorized under and pursuant to the provisions of Chapter 478, Oregon Revised statutes, located in Marion County, Oregon as follows: Section 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the Board of Directors of Woodburn Fire District for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain codes and standards known as the Uniform Fire Code, as amended by the Oregon State Fire Marshal, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 editions thereof and the whole thereof, one (1) copy of which Code and Standards shall be filed in the office of the State Fire Marshal of the State of Oregon, one (1) copy of which shall be posted at the Fire District Headquarters Office, 1776 Newberg Highway, Woodburn, Oregon 97071, and one (1) copy of which shall be posted in each Woodburn Fire District fire station, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of Woodburn Fire District. Section 2. ESTABLISHMENT AND DUTIES OF FIRE PREVENTION DIVISION. (a) The Uniform Fire Code shall be enforced by the Fire Prevention Division of the Woodburn Fire District which is hereby established and which shall be operated under the supervision of the Fire Marshal. (b) The Fire Marshal In charge of the Fire Prevention Division shall be appointed by the Chief of the Woodburn Fire District on the basis of examination to determine his qualifications. (c) The Chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the fire department shall recommend to the Board of Directors of the Woodburn Fire District the employment of technical inspectors, who, when such authorization is made, shall ~ -.. -"-"1---"-T-'~~"'~ , ... ~".__. ._,.___~__'.h.,._~....~_"_._..,...~._.'_ -. be selected through an examination to determine their fitness for the position. section 3. DEFINITIONS (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the area included within the boundaries of the Woodburn Fire District. Section 4. APPEALS Whenever the Chief disapproves an application or refuses to grant a permit where applied for, or when it is claimed that provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Appeals wi thin thirty ( 30) days from the date of the decision appealed. section 5. PENALTIES (a) Any person who shall violate any of the provisions of this Code or Standard hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, 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 Directors of Woodburn Fire District or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than $100.00 for each day's neglect as provided by ORS 478.990. 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 day that prohibited conditions are maintained shall constitute a separate offense. (b) The applications of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 6. REPEAL OF CONFLICTING ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed, (i.e. UFC ORDINANCE 1990.1). .... T ---', 4-- - section 7. VALIDITY The Board of Directors of the Woodburn Fire District hereby declare that should this section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of that board that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portions as may be declared invalid. section 8. DATE OF EFFECT This ordinance shall take effect and be in force from and after approved by the Board of Directors of the Woodburn Fire District and after approval by the County Commissioners of Marion County, City Councils of Gervais and Woodburn, or thirty days whichever is later. WOODBURN FIRE DISTRICT DATED: This -LA _l~__day of Oe:t<>bcr ______ I 1992. ~"---' , .... ..~ ,...-.....-.. ''''--'''T~.' ._.~-.-.