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1999-657-Resolution No. 99-025 Recorded 4/1/1999. A VOL: CJ1999 PAGE: 657 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Apr. 1, 1999; 10:34 a.m. DOCUMENT TYPE: Resolution (CJ) NUMBER OF PAGES: 7 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK *CJ]999-657 * Vol -Page 04/20/1999 16:33:41 MICROFILMED APrc ;10 1999 dT! ff ?--�57 REVIEWED d,rJ LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Approving the La Pine * 99 APR — I AM 10: 34 Rural Fire Protection District's Adoption* M i� ,�. `7 LJ r t.' - �ti � A L C 4'r of the 1998 Uniform Fire Code. * C0lJN1 Y CLERK RESOLUTION NO. 99-025 WHEREAS, the La Pine Rural Fire Protection District (the District) has adopted pursuant to ORS 478.910, a fire protection code based on the 1998 Oregon Uniform Fire Code, as Ordinance 99- 001; and WHEREAS, in accordance with ORS 478.924, the District has submitted Ordinance 99-001 to the Board of County Commissioners of Deschutes County for approval; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That La Pine Rural Fire Protection District Ordinance No. 99-001, attached hereto as Exhibit A, is hereby approved. DATED this .* day of March, 1999. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON L A L. SWEARINGEN, Chair T. N. PAGE 1 -RESOLUTION NO. 99-025 (3-31-1999) R. LaPine Rural Fire Protection District Ordinance No. 99-01 AN ORDINANCE ADOPTING A REVISION OF THE UNIFORM FIRE CODE WITH OREGON AMENDMENTS 1998 OREGON UNIFORM FIRE CODE Exhibit A, Page 1 of 6 LaPine Rural Fire Protection District Ordinance No. 99-01 AN ORDINANCE ADOPTING THE OREGON UNIFORM FIRE CODE FOR LAPINE RURAL FIRE PROTECTION DISTRICT PRESCRIBING REGULATIONS TO GOVERN CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; REPEALING PREVIOUS CODES; AND OTHER PERTINENT PROVISIONS. WHEREAS, the Board of Directors, hereinafter, referred to as "Board" in this ordinance, of LaPine Rural Fire Protection District, listed in Exhibit "A", hereinafter, referred to as District in this ordinance, being aware of the need to develop adequate rules and regulations governing the operation of this Fire District for the purpose of providing the most effective and efficient manner with which to provide adequate fire protection and prevention services to the resident, inhabitants, and property located within the District, have from time to time adopted appropriate rules and regulations and a Uniform Fire Code pertinent thereto: and r WHEREAS, after investigation and consideration, this board is of the opinion and belief that a Fire Code is needed by the District and that said Code, together with pertinent provisions relating thereto, should be adopted by this District, to most adequately meet the present needs of the District with respect to fire prevention and protection services, and based on this premise: THE DISTRICT ORDAINS AS FOLLOWS: SECTION 1. ADOPTION OF THE FIRE CODE: (a) The whole of this ordinance, including the codes hereby adopted, shall be filed and maintained in the record of the District and with the Oregon State Fire Marshal and a copy posted at each fire station within the District as prescribed in ORS 498.940. The whole of this ordinance is the Fire Code of LaPine Rural Fire Protection District adopted pursuant to ORS 478.910. (b) For the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the District adopts the Fire Code known as the OREGON UNIFORM FIRE CODE, 1998 edition, published by the International Fire Code Institute and the whole thereof, together with appendices I -C, I -D, I -G, II -B, II -F, II -K, III -A, III -B, III -C, III -E, IV -A, IV -B, V-A, VI -A, VI -B, VI -D, and VI -F. SECTION 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION DIVISION. (a) The UNIFORM FIRE CODE as adopted and amended herein shall be enforced by the Fire Prevention Division of LaPine Rural Fire Protection District which is hereby established and which shall be operated under the supervision of the Fire Chief. (b) The Fire Marshal in charge of the Fire Prevention Division shall be appointed by the Chief on the basis of examination to determine his/her qualifications. II LaPine RFPD Ordinance 99-01 Exhibit A, Page 2 of 6 (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 Fire Marshal shall recommend to the Chief the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. SECTION 3. DEFINITIONS (a) Whenever the word "jurisdiction" is used in the Oregon Uniform Fire code, it is LaPine Rural Fire Protection District. (b) Where the party responsible for the enforcement of the Oregon Uniform Fire Code is given the title of fire marshal: Fire Marshal is the chief of the Fire Prevention Division. SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. The limits referred to in Sections 7902.2.2.1 and 7904.2 of the Oregon Uniform Fire Code, in which storage of flammable and combustible liquids is restricted are hereby established as follows: Within, the external boundaries of the LaPine Urban Unincorporated Community, (EXCEPT: the LaPine Industrial Park), Rural Service Centers, and highly populated residential zones. I SECTION S. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUID PETROLEUM GASES IS PROHIBITED. The limits referred to in Section 8204.2 of the Oregon Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: Within, the external boundaries of the LaPine Urban Unincorporated Community, (EXCEPT: the LaPine Industrial Park), Rural Service Centers, and highly populated residential zones. SECTION 6. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Appendix VI -F of the Oregon Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as follows: Within, the external boundaries of the LaPine Urban Unincorporated Community, (EXCEPT: the LaPine Industrial Park), Rural Service Centers, and highly populated residential zones. SECTION 7. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED. The limits referred to in Section 8001.1.1 of the Oregon Uniform Fire Code in which the storage of hazardous materials is prohibited or limited is hereby established as follows: Within, the external boundaries of the LaPine Urban Unincorporated Community, (EXCEPT: the LaPine Industrial Park), Rural Service Centers, and highly populated residential zones. III LaPine RFPD Ordinance 99-01 Exhibit A, Page 3 of 6 SECTION 8. AMENDMENTS TO THE UNIFORM FIRE CODE. The District fire code varies from the Oregon Uniform Fire Code, in the following respects: a. Amend Section 105 Permits by removing the underlined word DELETED in the following areas and making them a part of this ordinance: f 1; f.2; o. i.; t.2.; and w. 1. b. Amend Section 902.2.2.4 to read at the end of the sentence, "as approved by the chief'. C. Delete the following parts of SECTION 1102 — pertaining to OPEN BURNING, 1102.3 through 1102.4.5. d. Add the LaPine Rural Fire Protection District Burn Ordinance as Appendix II -k, of this ordinance. SECTION 9. APPEALS Whenever the Chief disapproves an application or refuses 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 have been misconstrued or wrongly interpreted, the applicant may appeal from decision of the Chief to the District Board within 30 days from the date of the decision appealed. An appeals board may be appointed by the District Board as an independent decision-making body. An appeals board may consist of one fire service representative, building official, general contractor, citizen at large and a representativefrom a planning department. The State Fire Marshal may be called to provide service as a facilitator. SECTION 10. PENALTIES Violations of the provisions of this code may be prosecuted under ORS 198.600. Pursuant to ORS 478.990, continued violation of the Code, or refusal to remove a fire hazard by one responsible for conformity to the code, is punishable upon conviction by a fine of not less than $ 10.00 nor more than $100.00 for each offense. Each day's continued refusal to conform to the code or remove a fire hazard after notice by the inspecting officer is a separate offense. EXCEPTION: The LaPine Burn Ordinance which is a part of this ordinance, listed as Appendix II -k, has its own penalty list in Section 7, of the LaPine Burn Ordinance. SECTION 11. CONFLICTING ORDINANCES OR RESOLUTIONS All previously adopted ordinances, resolutions or parts thereof in conflict with this ordinance to the extent of such conflict and not further, are hereby repealed; provided further that provisions of this ordinance, insofar as they are substantially the same as existing ordinances or resolutions and/or ordinances or resolutions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactment's. SECTION 12. VALIDITY If any part of this ordinance of the Oregon Uniform Fire Code adopted hereby shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. IV LaPine RFPD Ordinance 99-01 Exhibit A, Page 4 of 6 SECTION 13. DATE OF EFFECT This ordinance shall take effect and be in full force and effect the 30th day following its adoption by the governing body. PASSE �D/ AND ENACTED by the Board of the LaPine Rural Fire Protection District on this TIL9Day of /�/'1999. ► President oEffoard of Directors ATTEST: fA f Board of Directors f vi`k.5r" d Oter Approved as to Form: J. Kenneth Jones, Legal Counsel State of Oregon County of Deschutes I certify that this is a true and correct copy of a document in the possession of the LaPine Rural Fire Protection District. Dated g4& /� lagq LaPine RFPD Ordinance 99-01 v Exhibit A, Page 5 of 6 EXHIBIT `'A" Listing of Central Oregon Fire Departments within Crook, Deschutes, and Jefferson counties who cooperatively developed this draft ordinance for adoption of the 1998 Oregon Uniform Fire Code. An x indicates the agency has cooperatively adopted the 1998 Oregon Uniform Fire Code and an • indicates that the agency is cooperatively adopting the 1998 Oregon Uniform Fire Code. Bend Fire Department Black Butte Rural Fire Protection District Cloverdale Rural Fire Protection District Crooked County Fire District #1 Crooked River Ranch Fire District x Culver Fire Department Deschutes Rural Fire District 01 Deschutes Rural Fire District #2 x Jefferson County Rural Fire Protection District #1 x LaPine Rural Fire Protection District Prineville Fire Department Redmond Fire Department Sisters -Camp Sherman Rural Fire Protection District Sunriver Fire Department Warm Springs Fire and Safety VI LaPine RFPD Ordinance 99-01 Exhibit A, Page 6 of 6