2005-1016-Resolution No. 2005-108 Recorded 8/29/2005REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS U 2005-1016
-' NANCY BLANKENSHIP, COUNTY CLERK yu
COMMISSIONERS' JOURNAL 08129/2005 03:36:10 PM
LEGAL COUNSEL
I ILII II III I I I Ii 11 1 1
[1111 IIIS-laid
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving the La Pine
Rural Fire Protection District's Adoption
of Ordinance Nos. 2004-03 and 2005-01.
*
* RESOLUTION NO. 2005-108
*
WHEREAS, the La Pine Rural Fire Protection District (the District) has adopted pursuant to
ORS 478.910, a fire protection code based on the 2004 Oregon Fire Code, as Ordinance No. 2004-03;
and
WHEREAS, the District has, pursuant to ORS 478.910, amended Ordinance No. 2004-03 by
making technical correction to LaPine Rural Fire Protection District Ordinance No. 2004-03 with
Ordinance No. 2005-01; and
WHEREAS, in accordance with ORS 478.924, the District has submitted Ordinance Nos.
2004-03 and 2005-01 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 Nos.2004-03 and 2005-01,
attached hereto as Exhibits A and B, are hereby approved.
q
DATED this/� of Augus , 2005.
ATTEST: IJ j�
�' t/L—
Recording Secretary
PAGE 1 of 1— RESOLUTION NO. 2005-108 (08/29/05)
BOARD OF COUNTY COMMISSIONERS
La Pine Rural Fire Protection District
Ordinance Number 2004-03
AN ORDINANCE OF THE LA PINE RURAL FIRE PROTECTION
DISTRICT ADOPTING THE 2004 OREGON FIRE CODE, regulating
and governing the safe guarding of life and property from fire and
explosion hazards arising from the storage, handling and use of
hazardous substances, materials and devices, and from conditions
hazardous to life and property in the occupancy of buildings and
premises in the La Pine Rural Fire Protection District; providing for the
issuance of permits and collection of fees therefore; repealing
Ordinances No. 99-01, 2004-01 and 2004-02 of the La Pine Rural Fire
Protection District and all other ordinances and parts of ordinances in
conflict therewith.
ne Board of Directors of the La Pine Rural Fire Protection District does ordain 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 478.940. The whole of this ordinance
is the Fire Code of La Pine 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 Fire Code", 2004 edition,
adopted by OAR 837 Division 40; based on the 2003 International Fire
Code.
SECTION 2. ESTABI.ISE(MENT AND DUTIES OF THE FIRE PREVENTION
DIVISION.
(a) The Oregon Fire Code as adopted and amended herein shall be
enforced by the Fire Prevention Division of La Pine Rural Fire
Protection District which is established and operates under the
supervision of the Fire Chief.
(b) The Fire Marshal in charge of the Fire Prevention Division shall be
appointed by the Fire Chief on the basis of examination to determine
his/her qualifications.
(c) The Fire Chief of the district may detail such members of the fire
district as inspectors as shall from time to time be necessary. The Fire
Marshal shall recommend to the Fire Chief the employment of
La Pine RFPD Ordinance 2004-03
EXHIBIT A PAGE �_
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) Fire Code Official: Where ever the term fire code official is used in the
Oregon Fire Code it means the Fire Marshal.
(b) Fire Marshal: Where the party responsible for the enforcement of the
Oregon Fire Code is given the title of fire marshal: it is the chief of the
Fire Prevention Division.
(c) Jurisdiction: Whenever the word "Jurisdiction' is used in the Oregon
Fire Code, it is the La Pine Rural Fire Protection District.
SECTION 4. ESTABLISHMENT OF SAFE LIMITS OF THE DISTRICT IN WHICH
STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE
ABOVEGROUND TANKS IS PROHIBITED.
The limits referred to in Section 3404.2.9.5.1 and 3406.2.4.4 of the
Oregon Fire Code, in which storage of Class I and R flammable and combustible liquids
is restricted, are hereby established as follows: Within, the external boundaries of the La
Pine Urban Unincorporated Community, (EXCEPT: the La Pine Industrial Park), Rural
Service Centers and highly populated residential areas.
SECTION 5. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUID
PETROLEUM GASES IS PROHIBITED.
The limits referred to in Section 3804.2 of the Oregon Fire Code, in which
storage of liquefied petroleum gas is restricted, are hereby established as follows: Within,
the external boundaries of the La Pine Urban Unincorporated Community, (EXCEPT: the
La Pine Industrial Park), Rural Service Centers and highly populated residential areas.
SECTION 6, ESTABLISHMENT OF LIMITS OF THE DISTRICT IN WHICH
STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED.
The limits referred to in Chapter 8 — Aboveground Storage of Explosive
Materials; NFPA Standard 495- Explosives Materials Code — 2001 Edition, in which the
storage of explosives and blasting agents is prohibited, are established as follows: Within,
the external boundaries of the La Pine Urban Unincorporated Community, (EXCEPT: the
La Pine Industrial Park), Rural Service Centers and highly populated residential areas.
SECTION 7. ESTABLISHMENT OF LIMITS OF DISTRICT IN WHICH THE
STORAGE OF FLAMMABLE CRYOGENIC FLUIDS IN STATIONARY
CONTAINERS IS PROHIBITED.
The limits referred to in Section 3204.3.1.1 of the Oregon Fire Code, in
which storage of flammable cryogenic liquids is restricted, are hereby established as
follows: Within, the external boundaries of the La Pine Urban Unincorporated
Community, (EXCEPT: the La Pine Industrial Park), Rural Service Centers and highly
populated residential areas.
La Pine RFPD Ordinance 2004-03
EXHIBIT A PAGE o2
SECTION 8. PENALTIES
Pursuant to ORS 478.990, each violation of the provisions of this Code is
a Class D violation. A Class D. violation is punishable upon conviction by a fine of
$95.00 for each offense. Each day's continued refusal to remove a fire hazard after notice
by the inspecting officer shall constitute a separate offense and penalties shall continue to
accrue each day until the fire hazard noted by the inspecting officer is removed. Failure to
comply with multiple sections of any outdoor burning regulations published by the
District shall constitute a separate violation for each section violated. Violations shall be
prosecuted in Justice Court pursuant to ORS 51.050.
SECTION 9. DATE OF EFFECT
This ordinance shall take effect and be in full force and effect the 3& day
following its adoption by the governing body.
PASSED AND ENACTED by the Board of Directors of the La Pine Rural Fire
Protection District on this ► Day of �, 2004.
Stuart Martinez, President
Board of Directors
WoDirectors
ce President
test. -11
Jerry Fellows, Secretary
Board of Directors
Approved as to form:
__ _/ % h�i �✓ , Legal Counsel
La Pine RFPD Ordinance 2004-03
Don Sayer, Member
Board of Directors
Un'da Nichols, Vember
Board of Directors
EXHIBIT_PAGE 3
La Pine Rural Fire Protection District
Ordinance No. 2005-01
AN ORDINANCE MAKING TECHNICAL CORRECTIONS TO LA PINE RURAL
FIRE PROTECTION DISTRICT ORDINANCE 2004-03 ADOPTING THE OREGON
FIRE CODE FOR LA PINE RURAL FIRE PROTECTION DISTIRCT.
WHEREAS, the Board of Directors, hereinafter referred to in this ordinance as "Board"
of La Pine Rural Fire Protection District, hereinafter referred to in this ordinance as
"District," having previously adopted Ordinance No. 2004-03, adopting the 2004 Oregon
Fire Code, and
WHEREAS, after investigation and consideration, the Board desires to repeal Ordinances
No. 99-01, 2004-01 and 2004-02; Now, Therefore
THE BOARD OF DIRECTORS OF THE LA PINE RURAL FIRE PROTECTION
DISTIRCT, ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF SECTION 10 TO ORDINANCE 2004-03.
Section 10. REPEAL OF PRIOR ORDINANCES.
Ordinances No. 99-01, 2004-01 and 2004-02 are hereby repealed.
SECTION 2. DATE OF EFFECT.
This ordinance shall take effect and be in full force and effect the 30d, day
following its adoption by the governing body.
PASSED AND ENACTED by the Board of Directors ofLa Pine Rural Fire
Protection District on this '`l` Day of t a 2005.
La Pine RFPD Ordinance 2005-01 1
EXHIBIT _PAGE
11,01A t
Lida Nichols, Pr ident
Board of Directors
Jerry McCue, Vice President
Board of Directors
Stuart Martinez, Secretary
Board of Directors
Approved as to form:
.4 . witA,
Don Sayer, Member
Board of Directors
!Jerry e11ow- , Member
/000
Board of Directors
Legal Counsel
La Pine RFPI) Ordinance 2005-01 2
EXHIBIT S PAGE o?—