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2022-253-Resolution No. 2022-049 Recorded 7/1/2022REVIEWED Recorded in Deschutes County C J2022-253 Steve Dennison; County Clerk LE AL COUNSEL Commissioners' Journal 07/01 /2022 3:46:08 PM 2022-253 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A RESOLUTION DECLARING THE FIRE PREVENTION CODE OF THE REDMOND * RESOLUTION NO.2022-049 FIRE AND RESCUE DISTRICT EFFECTIVE WITHIN DESCHUTES COUNTY WHEREAS, the Redmond Fire and Rescue District has adopted a new Fire Prevention Code for the jurisdictions it serves; and, WHEREAS, the provisions of the new Fire Prevention Code do not apply within that portion of the District that is located within the unincorporated county until the governing body of the county approves the new code by resolution; and, WHEREAS, the County's Building Official has reviewed the provisions of the Fire District's new Fire Prevention Code and has no objection to it; and, WHEREAS, the County of Deschutes desires to approve the new Redmond Fire and Rescue District Fire Prevention Code, now therefore, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON as follows: Section 1: The Redmond Fire and Rescue District Fire Prevention Code, adopted by the Fire District's enactment of the Redmond Fire and Rescue District Ordinance #4 (Exhibit A), is hereby approved by Deschutes County. Section 2: This Resolution shall take effect, and the provisions of the Redmond Fire and Rescue District Fie Prevention Code shall be applicable within that portion of the District that is located within the unincorporated County, upon the Commissioner's approval of this Resolution. Section 3: The repeal of an existing Fire Prevention Code provision by a provision of this resolution shall not preclude the accusation, prosecution, conviction, or punishment of a person who violated the provision repealed or amended before the effective date of this resolution. PAGE I OF 2 — RESOLUTION NO.2022-049 Dated this ,,2-1 of �- , 20 ZZ ATTES Recording Secretary BOARD OF COUNTY COMMISSIONERS O DESCHUTES COUNTY, OREGON r1WA�40J-4t--' PATTI ADAIR, Chair e 5; ?14 "ll, 4 �- ANTHONY DeBONE, Vice Chair PHIL CHANG, Co sioner PAGE 2 of 2 — RESOLUTION NO.2022-049 Resolution No. 2022-049 Exhibit A REDMOND FIRE & RESCUE ORDINANCE NO. 4 AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR REDMOND FIRE AND RESCUE, A FIRE PROTECTION DISTRICT, PROVIDING FOR A REASONABLE LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE HAZARDS OF FIRE, EXPLOSION OR DANGEROUS CONDITIONS IN NEW AND EXISTING BUILDINGS, STRUCTURES, AND PREMISES AND TO PROVIDE SAFETY TO FIREFIGHTERS AND EMERGENCY RESPONDERS DURING EMERGENCY OPERATIONS. WHEREAS, Redmond Fire & Rescue, a Fire Protection District, has developed uniform fire regulations for the jurisdictions served; and WHEREAS, Redmond Fire and Rescue, a Fire Protection District, hereinafter referred to as the District, finds it necessary to adopt regulations that establish a minimum level of fire safety, thus does hereby adopt the following regulations; NOW, THEREFORE IN CONSIDERATION OF THE FOREGOING; IT IS ORDAINED AS FOLLOWS: TITLE AND FILING: This ordinance, including the codes hereby adopted, shall be filed with Oregon State Fire Marshal's Office and shall be posted at each fire station of the District as prescribed by ORS 478.940. From the date on which this ordinance shall take effect, provisions thereof shall be controlling within the territorial limits of the District and within each city and county within the District which similarly approves these provisions pursuant to ORS 478.924. SCOPE: The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practices for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to firefighters and emergency responders during emergency operations as authorized by ORS 478.910. SECTION I - ADOPTION OF THE DISTRICT'S FIRE CODE: For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, except as amended under Sections II, the Oregon Fire Code adopted by the Oregon State Fire Marshal, as it is replaced and amended from time to time, is hereby adopted as the District's Fire Code. It is the intention of this ordinance that the District from time to time shall automatically adopt the latest Oregon Fire Code including any amendments as adopted by the Office of the State Fire Marshal without any additional action necessary by the District. The District also adopts the following appendices in the Oregon Fire Code, Appendix A, H, I & J. Such codes and amendments are adopted on the effective date of the administrative rule adopted by the Office of State Fire Marshal. ORDINANCE NO. 4 Page 1 of 3 SECTION II - ENFORCEMENT OF FIRE CODE Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and premises, issuance of permits, review of plans, testing of fire protection systems and equipment, or provisions providing for enforcement of the Code, such inspections, plan review, permits, testing, and enforcement of the Code shall be discretionary by the Chief and other individuals charged by the Chief with such activities. The District recognizes that it has limited financial resources with which to provide fire, rescue, and other services and functions and is forced to make public policy decisions as to allocation of District resources. Although the District places a high priority on prevention, inspection, and maintenance of fire systems, due to financial limitations, it is the Board's policy to require inspections, plan review, permits or testing only, so often as necessary, to provide a reasonable level of fire and life safety. Accordingly, although the Fire Chief and other individuals charged by the Chief with these activities are encouraged to pursue performing such activities, as well as the scope and frequency of such activities, the performance of such activities shall be within the discretion of the Fire Chief. It is the intention of the District to make clear that the District's duty to perform the inspections, plan review, issuance of permits and testing, or to take enforcement actions as set forth in the Code, is limited to providing a reasonable level of fire and life safety. SECTION III - AMENDMENTS TO THE OREGON FIRE CODE: There are no amendments to the Oregon Fire Code adopted by the Oregon State Fire Marshal. SECTION IV - FEES Cost based fees may be imposed for plan review, inspections, permits or other fire code related services the District is authorized or required to provide under the Fire Code or other applicable statute or regulation, as prescribed in the District's Master Fee Schedule. SECTION V-PENALTIES Any person who violates any of the provisions of these regulations hereby adopted or fails to comply therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specification or plans submitted and approved thereunder and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the time affixed herein, shall severally, for each and every such violation and non-compliance respectively, be guilty of a violation of the Fire Prevention Code as provided in ORS 478.930, punishable upon conviction as prescribed by ORS 478.990, All fines or punishments authorized upon conviction shall include the costs to the District to remedy the violation including costs of towing, storage, or removal of the hazard or obstruction if necessary. The Chief or designated representative may bring a complaint in law or in equity to alleviate a violation of this ordinance as well as in addition to the rights to enforce said ordinance under the provisions of ORS 478.930 and ORS 478.990. Reinspection fees may be applied for failure to correct violations in accordance with the District's Master Fee Schedule in addition to any other penalties. SECTION VI - FIRE CODE BOARD OF APPEALS As authorized by ORS 479.180, the District may establish a board of appeals. Such board of appeals may be implemented through bylaws and standard operating guidelines adopted by the District. ORDINANCE NO. 4 Page 2 of 3 SECTION VII - REPEAL OF CONFLICTING ORDINANCES The provisions of this ordinance, i.e., the Fire Code, shall be controlling within the territorial limits of the District and within each city and county within the District approving pursuant to ORS 478.924. If an existing fire code ordinance has been approved within any city or county within the District, the District desires that the existing fire code continue in effect until such time as the cities and counties within the District have approved this new Fire Code pursuant to ORS 478.924. Accordingly, all former ordinances or parts thereof, which are conflicting or inconsistent with the provisions of this ordinance or of the code or standards hereby adopted, are hereby repealed, effective on the effective date of this ordinance. Further, prosecutions or violations under repealed ordinances may continue after the effective date of this ordinance. SECTION VIII - VALIDITY The District hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the Codes or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the District that it would have passed all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. SECTION IX- DATE OF EFFECT The Board of Directors of the District finds and determines that it is necessary and expedient that the provisions of this ordinance become effective 30 days following adoption, as authorized by ORS 198.570. First reading by Title only this 20`h day of April , 2022. Second reading by Title only this 18th day of May, 2022. Adopted by vote of the Redmond Fire & Rescue Board of Directors this 181h day of May_, 2022. Carroll Penhollow — Board President Ayes: 5 Nays: 0 ATTEST: Diane Cox — District Recorder ORDINANCE NO. 4 Page 3 of 3 State of Oregon Notarial Certificate (ORS Ch. 194.280, 194.285) Certifying to a Copy of a Document State of OREGON County of I certify (or attest) that this is a true and correct copy of a record in the possession Dated : _:YL,,-v,_ ' , 20 Qa . Notary Public - State of Oregon Official Stamp OFFICIAL STAMP ANDREA RANEY � ! NOTARY PUBLIC-OREGON COMMISSION NO.989649 MYCOMMISSION EXPIRES JULY 21, 2023 Document Description This certificate is attached to page 3 of a 0 (title or type of document), dated Ho ­ A I 0Y� , 20 ,�Q , consisting of , pages.