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1988-26602-Resolution No. 88-076 Recorded 11/14/198888- 26,02 REVIEWED BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC A Resolution Approving the * Fire Code Adopted by the * Black Butte Ranch Rural Fire * Protection District. * RESOLUTION NO. 88 -076 '),NS COUNTY, OREGON 0094 .6 WHEREAS, the Black Butte Ranch Rural Fire Protection Dis- trict adopted Ordinance No. 88 -01 -614 on October 18, 1988; and WHEREAS, Ordinance No. 88 -01 -614 adopted provisions of a fire prevention code; and WHEREAS, ORS 478.924 requires the County to approve a fire prevention code adopted by rural fire protection districts prior to the ordinances' provisions becoming effective; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, have considered Ordinance No. 88 -01 -614 as adopted by the Black Butte Ranch Rural Fire Protection District; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That Ordinance No. 88 -01 -614, adopted by the Black Butte Ranch Rural Fire Protection District on October 18, 1988, providing for a fire prevention code within the said district, is hereby approved. Section 2. A certified copy of this Resolution be filed with the secretary of the Board of Directors of the Black Butte Ranch Rural Fire Protection District. DATED this AT ST: ei t!∎ ecording Secretary day of Li\iZ /11.. , 1988. 1 - RESOLUTION NO. 88 -076 BOARD OF COUNTY COMMISSIONERS OF SCHU ES COUNT, OREGON TOW PRANTE, Commissioner TOM T •OOP (Commissioner UDLYN; Cha4fman �i� SC '3 0094 0 X 17 BLACK BUTTE RANCH RURAL FIRE PROTECTION DISTRICT Ordinance No. 88 -01 -614 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE FOR BLACK BUTTE RANCH RURAL FIRE PROTECTION DISTRICT: PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSIONS; PROVIDING PENALTIES; AND DECLARING AN EMERGENCY. Black Butte Ranch Rural Fire Protection District, Deschutes County, Oregon, does hereby ordain as follows: Section 1: Adoption of Uniform Fire Code. In accordance with ORS 478.910, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, Black Butte Ranch Rural Fire Protection District hereby adopts the following provisions of the Uniform Fire Code, 1985 edition, Fire Code effective March 11, 1986, and the same are hereby adopted and incorporated as though fully set forth herein, subject to such amendments as set forth in this ordinance. (a) Article 10, { {10.101 through 10.209; (b) Article 11, { {11.101 through 11.116; and { {11.301 through 11.402; (c) Article 25, { {25.101 and 25.102; (d) Article 87, {87.103; (e) Appendix II -A; and (f) Appendix III -C. Section 2: Establishment and Duties of Fire Marshal. (a) The Uniform Fire Code herein established shall be enforced by the Fire Chief of Black Butte Ranch Rural Fire Protection District or his designated Fire Marshal. (b) The Fire Marshal shall be appointed by the Chief of Black Butte Ranch Rural Fire Protection District. (c) The Chief of the fire district may detail such members of the district as inspectors shall from time to time be necessary. Section 3: Definitions. (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the legal limits of Black Butte Ranch Rural Fire Protection District. Ordinance re: Fire Prevention Code •- 1 0004 0418 (b) Wherever the words "corporation counsel" are used in the Uniform Fire Code, they shall be held to mean the attorney for Black Butte Ranch Rural Fire Protection District. (c) Wherever the words "Chief of the Bureau of Fire Prevention" are used in the Uniform Fire Code, they shall be held to mean the Chief and the Fire Marshal of the Black Butte Ranch Rural Fire Protection District. Section 4: Appeals. Whenever the Chief or Fire Marshall shall disapprove an application or refuse to grant a permit applied for or, when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code may have been misconstrued or wrongly interpreted, the applicant may file a written appeal from the decision of the Chief or the decision of the Fire Marshal to the Black Butte Ranch Rural Fire Protection District Board of Directors within 30 days from the date of the decision appealed. Section 5: Enforcement. (a) Any person who violates any of the provisions of this ordinance or of those portions of the Uniform Fire Code adopted by this ordinance, or fails 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, may be prosecuted in a court of competent jurisdiction pursuant to ORS 478.990. (b) The application of any penalty for prosecution shall not be held to prevent the enforced removal of prohibited conditions. Any expenses incurred by District in correcting the prohibited conditions shall become a lien upon the property where such condition exists. Section 6: Savings Clause. If any article, section, subsection, subdivision, phrase, clause, sentence or word in this ordinance or in the Uniform Fire Code adopted hereby, shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance or of the Uniform Fire Code shall remain in full force and effect. Section 7: Nothing in this ordinance shall be construed to limit the authority of the District or of the Fire Marshal to enforce the State of Oregon Edition Fire Code under the authority of the Oregon State Fire Marshal. Ordinance re: Fire Prevention Code - 2 0094 0419 Section 8: Effective Date. This ordinance shall take effect upon adoption and approval by Deschutes County Commissioners, the Board of Directors having declared an emergency exists. PASSED UNANIMOUSLY BY THE BOARD OF DIRECTORS OF BLACK BUTTE RANCH RURAL FIRE PROTECTION DISTRICT, DESCHUTES COUNTY, OREGON, this 18th day of October, : , 1988. c. d President, Board of D1'rectors Black Butte Ranch Rural Fire Protection District Secretary, Board of Directors Black Butte Ranch Rural Fire Protection District Ordinance re: Fire Prevention Code - 3