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2007-1410-Resolution No. 2007-115 Recorded 8/1/2007DESCH TES COUNTY OFFICIAL UBLANKENSHIP, COUNTY CLERK 1��I ZY��'���0 NANCY COMMISSIONERS' JOURNAL 08/4112007 43;45:19 PM 1111111111111111111111111111111 2007-1410 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , REVIEWED �& EZ -p LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Approving the Deschutes County Rural Fire Protection District #2's Adoption of Ordinance No. 07-1. * * RESOLUTION NO. 2007-115 * * WHEREAS, the Deschutes County Rural Fire Protection District #2 (the "District") has adopted pursuant to ORS 478.910, a fire protection code based on the 2004 Oregon Fire Code, as Ordinance No. 2007-01; and WHEREAS, the District has, pursuant to ORS 478.910, adopted the new Oregon Fire Code prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion; and WHEREAS, in accordance with ORS 478.924, the District has submitted Ordinance No. 2007- 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 Deschutes County Rural Fire Protection District #2 Ordinance No. 2007-01, attached hereto as Exhibit A is hereby approved. DATED this of 007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COJVNTY, OREGON MI ATTEST: D Recording Secretary T PAGE 1 OF 1— RESOLUTION NO. 2007-115 (08/01/07) , Chair LUKE, Vice Chair ORDINANCE NO. 07-1 AN ORDINANCE ADOPTING THE NEW 2007 OREGON FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION. THE DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT #2 DOES ORDAIN AS FOLLOWS: Section 1. ADOPTION OF 2007 OREGON FIRE CODE. There is hereby adopted by the Deschutes County Rural Fire Protection District 92 for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code known as the 2007 Oregon Fire Code, including Appendices B, C, D, H, I and L. Section 2. DEFINITIONS 2.1 Wherever the word "jurisdiction" is used in the 2007 Oregon Fire Code, it is Deschutes County Rural Fire Protection District 42, Oregon. 2.2 The title "Fire Code Official," when used to designate the person responsible for enforcement of the 2007 Oregon Fire Code, shall mean the Fire Chief or other designated authority or duly authorized representative charged with administration and enforcement of the code. Section 3. DIVISION OF FIRE PREVENTION 3.1 GENERAL. The division of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this ordinance. 3.2 DEPUTIES. In accordance with prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees. 3.3 LIABILITY. The Fire Code Official, officer, employee or other person shall not be rendered liable personally, shall be immune from all personal liability, and shall be defended and indemnified by the jurisdiction, from and against all personal liability for any damages or claim for damages to persons or property resulting from any act or omission required or permitted in the discharge of the jurisdiction's official duties or performed within the scope of the jurisdiction's official duties. - aC-506it7z' Al 4,6 . 200 7 -/l� Section 4. ESTABLISHMENTS OF LIMITS OF DISTRICTS WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. The limits referred to in Tables 2703.1.1 (1-4) of the 2007 Oregon Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: Within the boundaries of Deschutes County Rural Fire Protection District #2. Exception #1 — General Industrial Zones in approved tanks that are not in heavily populated or congested areas. Exception #2 — Light Industrial Zones in an approved tank with an individual capacity of 3,000 gallons and an aggregate capacity of 6,000 gallons on each property. Exception #3 — Combustible liquids in approved tanks not greater than 550 gallons solely used for heating. Exception #4 — Flammable and Combustible liquids in approved tanks solely used for emergency equipment not exceeding the amounts prescribed in Chapter 6 of the 2007 Oregon Fire Code. Exception #5 — Flammable and Combustible liquids in approved tanks not exceeding 1,000 gallons in business areas not heavily populated or congested. Section 5. ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS PROHIBITED. The limits referred to in Section 3801.3 of the 2007 Oregon Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: Within the boundaries of Deschutes County Rural Fire Protection District #2. Exception #1 - General Industrial Zones not heavily populated or congested. Section 6. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES IS TO BE PROHIBITED. Storage of Mass -detonating explosives as defined in Section 3301.8.1.1 of the 2007 Oregon Fire Code is prohibited within the boundaries of Deschutes County Rural Fire Protection District #2. Exception #1 - Limited amounts of Mass -detonating and Nonmass-detonating explosives as defined in Section 3301.8.1 through Section 3301.8.3 of the 2007 Oregon Fire Code may be allowed in areas that are not heavily populated or congested with approval of the Fire Code Official when stored and used within the scope of nationally recognized standards. Section 7. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO PROHIBITED. The limits referred to in Section 3004 of the 2007 Oregon Fire Code, in which the storage of compressed natural gas storage is prohibited, are hereby established as follows: Within the boundaries of Deschutes County Rural Fire Protection District #2. Exce tp ion #1 - General Industrial Zones not heavily populated or congested. Section 8. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGEN FLUIDS ARE TO BE PROHIBITED. The limits referred to in Section 3204 of the 2007 Oregon Fire Code in which the storage of flammable cryogen fluids in stationary containers is prohibited are hereby established as follows: Within the boundaries of Deschutes County Rural Fire Protection District #2. Exception #1 - General Industrial Zones not heavily populated or congested. Section 9. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED. The limits referred to in Section 2703 of the 2007 Oregon Fire Code, in which the storage of hazardous materials is prohibited or limited is hereby established as follows: Within the boundaries of Deschutes County Rural Fire Protection District #2. Exception #1 - Light Industrial and General Industrial Zones not heavily populated or congested. Exception #2 - Limited amounts of hazardous materials may be approved by the Fire Code Official within Commercial areas not heavily populated or congested when stored and used within the scope of nationally recognized standards. Section 10. AMENDMENTS TO THE 2007 OREGON FIRE CODE. The 2007 Oregon Fire Code is amended and changed in the following respects: (1) Appendix B Section B 104.2 Area Separation. Portions of buildings which are separated by one or more four-hour area separation walls constructed in accordance with the Oregon Structural Specialty Code, without openings and provided with a 30 - inch parapet, are allowed to be considered as separate fire flow calculation areas. Section 11. APPEALS. Whenever the Fire Code Official 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 the decision of the Fire Code Official to the regional appeal advisory board established under ORS 476.113 to 476.115 in addition to following the procedures as described in ORS 479.180 within ten (10) days from the date of the decision appealed. Section 12. PENALTIES. 12.1 Any person who violates any of the provisions of the 2007 Oregon Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds 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 fails to comply with such order as affirmed and modified by the regional appeals advisory board or by a court of competent jurisdiction, within the required time, shall severally for each and every violation and noncompliance, respectively, be guilty of a Class "A" infraction, punishable by a fine of not more than $1,000. The imposition of a penalty for any violation shall not excuse prior or subsequent violations or defects, and DCRFPD#2 shall not thereby waive the right to impose penalties for prior or subsequent penalties. Unless otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. 12.2 The application of the above penalty is in addition to other remedies available to the Deschutes County Rural Fire Protection District #2 including but not limited to the enforced removal of prohibited conditions. Section 13. REPEAL OF CONFLICTING ORDINANCES. All former ordinances of parts thereof conflicting or inconsistent with the provisions of this ordinance or of the 2007 Oregon Fire Code as adopted and amended herein are hereby repealed. Section 14. VALIDITY. The City of Bend hereby declares that should any section, paragraph, sentence or word of this ordinance or of the 2007 Oregon Fire Code as adopted and amended herein be declared for any reason to be invalid, it is the intent of the Deschutes County Rural Fire Protection District #2 Board of Directors that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.